DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2026-03-25 has been entered.
Specification
The disclosure is objected to because Table 1 of the Specification appears to report the properties of the resin which makes up the core of the externally added resin fine particles, including the acid value, while the body of the Specification discusses a preferred acid value for resin (b1), which is denoted as the shell resin of the resin particles (p. 17, lines 12 – 17). That is, the diameter of the resin particles (W0-1) and (W0-2) of Table 1, for which an acid value is reported, is smaller than that reported for resin particles A-1 and A-2 of Table 2-2. Therefore, it appears that the description of the composition and properties of the two resins (core and shell) have been erroneously interchanged either in the body of the Specification, or in the tabulated data. Appropriate correction to clarify which properties are being reported for which resin is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 17 and 18 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor had possession of the claimed invention.
While a preference is stated in the as-filed Specification for the loss modulus of the core and shell resins of the externally added resin fine particles (p. 26, line 19 – p. 27, line 20), measured values of the loss moduli are not reported for any of the disclosed preparative examples (see Specification, Tables 1 – 5). These examples include both demonstrative and comparative examples. Thus, one of ordinary skill in the art would not readily be able to tell which, if any, disclosed examples do or do not conform to the limitations recited in Claim 17 or Claim 18.
Claim 21 is rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claim contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor had possession of the claimed invention. Specifically, as discussed above, Table 1 of the Specification appears to report the measured properties of the core resin of the externally added fine particles, including the acid value. Therefore, an acid value is not reported for the shell resin of the externally added resin fine particles, and one of ordinary skill in the art would not readily be able to tell which, if any, disclosed examples do or do not conform to the limitations recited in Claim 21.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 2, 4, 6 – 10, 12, 14, 16, and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Nagatomo et al (US PGP 2015/0104739) in view of Aoyama et al (US PGP 2020/0292954), further in view of Higuchi et al (WO 2020/255586) (machine translation of which is referred to henceforth).
Nagatomo teaches a toner containing toner base particles and an external additive (Abstract). The external additive includes non-spherical coalesced particles (analogous to cohered particles) made of coalesced primary particles. The toner base particles contain at least a binder resin and a release agent ([0020]). Nagatomo teaches that according to Formula (1) ([0056], [0057]), the number of primary particles of the external additive as a proportion of all particles of the external additive (that is, the sum of the number of primary particles and the number of coalesced particles) should be 30% or less ([0058]), the same as the inequality stated in Claim 1.
Nagatomo teaches that the binder resin preferably comprises a polyester resin ([0080]), which may further comprise a modified polyester resin ([0081]). The modified polyester resin may be obtained by a crosslinking reaction between a polyester resin bearing a reactive group and a compound having an active hydrogen-containing group ([0087]), which would result in a THF-insoluble component. Nagatomo details materials and methods for preparing the crosslinked polyester resin ([0088] - [0104]), which are substantially similar to those described in the instant application (Specification, pages 77 – 96). In particular, Nagatomo points out propylene oxide adducts of bisphenol A ([0094]), adipic acid, and terephthalic acid ([0096]) as monomers which may constitute the polyester to be modified, the same as those used in the preparation of instant reactive polymer α2b-1 (Specification, page 168). In addition, Nagatomo points out isophorone diisocyanate as a reagent to prepare an isocyanate group-containing polyester prepolymer ([0093], [0098]), and isophorone diamine ([0091]) as an active hydrogen group-containing reagent, the same as those used to prepare a crosslinked polyester resin in the instant application (Specification, pages 169 – 170). Nagatomo teaches the effects of the crosslinked polyester resin on the toner’s low-temperature fixing ability ([0092], [0095], [0099], [0100], [0102], [0104]).
Nagatomo does not appear to teach a preferred glass transition temperature (Tg) of the THF-insoluble component of the binder resin, or of the toner itself.
Aoyama teaches a toner comprising a THF-insoluble polyester resin ([0147]), which contributes to the low-temperature fixability of the toner and has a Tg of -60 - 20°C in the first heating cycle in DSC ([0148]), encompassing the range stated in Claim 1. The Tg of the THF-insoluble polyester (that is, crosslinked polyester resin) influences the Tg of the toner ([0190]). Aoyama teaches that another resin besides the THF-insoluble polyester may be part of the binder resin ([0199]), which is preferably a THF-soluble polyester resin ([0202]).
Neither Nagatomo nor Aoyama appears to teach externally added resin particles.
Higuchi discloses a toner ([0008]), having one or more external additives which adjust the electrostatic properties, fluidity, and storage stability of the toner ([0137]). The external additive may be synthetic resin particles, which may have a core-shell structure ([0139]). Higuchi gives a preference for the particle size of the externally added particles of 100 nm or less ([0140]). The external additives are preferably added to the toner in an amount of 0.1 – 10 parts by mass relative to 100 parts of toner particles ([0141]). As disclosed in the Specification of the instant application, example toner (T-1) has 2 parts of externally added resin particles A added to 100 parts of toner particles (Specification, page 172, line 16). That toner possesses a value for the average distance between adjacent resin particles of 120 nm (Specification, Table 4-1), lying in the range stated in Claim 1. Where the externally added resin particles taught by Higuchi are added in an amount having a range surrounding the value for instant toner (T-1), the resulting toner would necessarily possess a value for the average distance between adjacent resin particles at least overlapping the range stated in Claim 1.
In preparing the toner of Nagatomo, and lacking guidance from Nagatomo as to a preferable Tg for the THF-insoluble polyester of the binder resin, one of ordinary skill in the art would have looked to the prior art for a workable range of Tg values which promote low-temperature fixability to the toner when paired with a THF-soluble polyester in the binder resin. The skilled practitioner would thus be motivated to control the Tg of the THF-insoluble component of the toner (the crosslinked polyester) within the range taught by Aoyama. In addition, one of ordinary skill in the art would have been motivated to incorporate the externally added organic fine particles of Higuchi so as to improve the electrostatic properties, fluidity, and storage stability of the toner. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to prepare the toner of Nagatomo, wherein the Tg of the THF-insoluble component of the toner is controlled in the range taught by Aoyama, and having the externally added organic fine particles of Higuchi, resulting in a toner described by Claim 1.
As disclosed in the Specification of the instant application, example toner (T-1) has 2 parts of externally added resin particles A added to 100 parts of toner particles (Specification, page 172, line 16). That toner possesses a value for the standard deviation of the distance between adjacent resin particles of 63 nm (Specification, Table 4-1), lying in the range stated in Claim 1. Where the externally added resin particles taught by Higuchi are added in an amount having a range surrounding the value for instant toner (T-1), the resulting toner would necessarily possess a value for the standard deviation of the distance between adjacent resin particles at least overlapping the range stated in Claim 2.
As mentioned above, Higuchi teaches that the synthetic resin particles may have a core-shell structure ([0139]), satisfying Claim 4.
Nagatomo teaches a preference that the coalesced particles satisfy formula (1-1) ([0056] – [0058]), which would also satisfy the inequality stated in Claim 6.
Nagatomo does not appear to teach a preferred volume-average particle diameter of the coalesced particles. However, Nagatomo does teach that the number-average particle diameter of the coalesced particles is preferably 15 – 400 nm ([0040]). The volume-average particle diameter, being measured in a slightly different way, would still inherently at least overlap the range stated in Claim 7.
Nagatomo teaches a process cartridge which may be used with an image forming apparatus ([0168] – [0169]). As stated in the instant application, a process cartridge may be considered to be a toner storage unit (Specification, page 133, lines 10 – 17). Therefore, the process cartridge of Nagatomo satisfies Claim 8.
In the description of an image forming apparatus, Nagatomo also teaches a transfer unit configured to transfer a visible image onto a recording medium ([0176]); a fixing unit which fixes a transferred image to a recording medium ([0177]); and a process cartridge (mentioned above) which may be considered to be a toner storage unit, and which contains an electrostatic latent image bearing member, as well as a developing unit configured to develop an electrostatic latent image with toner to form a visible image, satisfying Claim 9.
In the description of an image forming apparatus, Nagatomo teaches an electrostatic latent image bearing member ([0168], [0170]); an electrostatic latent image forming unit ([0170], [0174]); and a developing unit ([0168], [0169], [0175]), satisfying Claim 10.
Aoyama teaches that the Tg of the toner is preferably 40 - 65°C, encompassing the range stated in Claim 12.
As discussed above, Nagatomo details materials and methods for preparing the crosslinked polyester resin ([0088] - [0104]), which are substantially similar to those described in the instant application (Specification, pages 77 – 96). In particular, Nagatomo points out propylene oxide adducts of bisphenol A ([0094]), adipic acid, and terephthalic acid ([0096]) as monomers which may constitute the polyester to be modified, the same as those used in the preparation of instant reactive polymer α2b-1 (Specification, page 168). In the course of routine experimentation, one of ordinary skill in the art would have prepared a THF-soluble resin possessing a value for Tg2nd lying in the range stated in Claim 14.
As mentioned above, Higuchi gives a preference for the particle size of the externally added particles of 100 nm or less ([0140]), reading on the range stated in Claim 16.
As discussed above, Higuchi teaches that the external additives are preferably added to the toner in an amount of 0.1 – 10 parts by mass relative to 100 parts of toner particles ([0141]), corresponding to a range of values expressed as % by mass reading on the range stated in Claim 22.
Claims 5, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Nagatomo et al (US PGP 2015/0104739) in view of Aoyama et al (US PGP 2020/0292954), further in view of Higuchi et al (WO 2020/255586), further in view of Tsujihiro (US PGP 2019/0086828).
The above discussions of Nagatomo, Aoyama, and Higuchi are incorporated herein.
None of Nagatomo, Aoyama, or Higuchi appears to teach externally added resin particles possessing a shell layer comprising a styrene-acrylic resin.
Tsujihiro teaches a toner comprising externally added resin particles, which possess a core-shell structure (Abstract). The externally added resin particles taught by Tsujihiro impart moisture resistance to the toner, giving rise to long-term charge stability even in a high-temperature and high-humidity environment ([0026]). Tsujihiro teaches that the coat layer (analogous to a shell) comprises a specific vinyl resin, which may include vinyl monomers including at least one of styrene-based and acrylate-based monomers ([0036]). Therefore, the shell resin taught by Tsujihiro may be a styrene-acrylic copolymer resin.
In preparing the toner of Nagatomo having the Tg of the THF-insoluble component of the toner controlled in the range taught by Aoyama, and having the externally added organic fine particles of Higuchi, and lacking detailed guidance surrounding the externally added organic fine particles of Higuchi, one of ordinary skill in the art would have been motivated to improve the moisture resistance and long-term charge stability of the toner by incorporating the materials taught by Tsujihiro for the externally added resin fine particles. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to prepare the toner of Nagatomo having the Tg of the THF-insoluble component of the toner controlled in the range taught by Aoyama, and having the externally added organic fine particles of Higuchi, having a styrene-acrylic shell resin as taught by Tsujihiro, resulting in a toner described by Claim 5.
Tsujihiro gives a description of the resin comprising the mother particle (analogous to a core) of the externally added resin fine particles ([0090]). Example monomers which may be included in the styrene-acrylic resin of the mother particle include styrene ([0093]), (meth)acrylic acid, and butyl (meth)acrylate ([0094]). In the discussion of the resin used for the coat layer, styrene-based monomers are pointed out ([0036]), as well as butyl (meth)acrylate ([0038]). These are the same monomers used to prepare the externally added resin fine particles disclosed in the instant application (Specification, Table 1 and Table 2). Each of these resins possesses a value for Tg of 53°C (Specification, Table 1 and Table 2-2), lying in the ranges stated in Claims 19 and 20. Where the core and shell resins of the externally added resin fine particles taught by Tsujihiro may comprise roughly similar monomers as those used to prepare the particles disclosed in the instant application, those resins would necessarily possess roughly similar values for the Tg of each of those resins. Therefore, in the course of routine experimentation, a practitioner of ordinary skill in the art would prepare externally added resin fine particles comprising core and shell resins possessing values for Tg lying in the ranges stated in Claim 19 and Claim 20.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Nagatomo et al (US PGP 2015/0104739) in view of Aoyama et al (US PGP 2020/0292954), further in view of Higuchi et al (WO 2020/255586), further in view of Kawakami et al (US Patent 5,389,487).
Kawakami teaches a toner comprising a release agent (Abstract). The release agent may comprise a polyethylene wax modified by graft polymerization with a styrene-based monomer and an alkyl (meth)acrylate (col. 12, lines 60 – 67). The modified wax helps to elongate the life of both the developer comprising such a toner, and the electrophotographic apparatus which uses such a toner (col. 12, line 68 – col. 13, line 4). Methyl methacrylate (col. 13, lines 7 – 8) and styrene (col. 13, line 33) are pointed out as specific monomers which may be used to prepare modified polyethylene wax. Such a graft copolymer would read on a polyethylene-styrene-methyl methacrylate copolymer.
In preparing the toner of Nagatomo having the Tg of the THF-insoluble component of the toner controlled in the range taught by Aoyama, and having the externally added organic fine particles of Higuchi, one of ordinary skill in the art would have been motivated to extend the useful life of the toner and of the electrophotographic apparatus with which the toner was used by incorporating the graft-modified release agent as taught by Kawakami. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to prepare the toner of Nagatomo having the Tg of the THF-insoluble component of the toner controlled in the range taught by Aoyama, having the externally added organic fine particles of Higuchi, and comprising the release agent taught by Kawakami, resulting in a toner described by Claim 15.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Grant S Seiler whose telephone number is (571)272-3015. The examiner can normally be reached 9:30 - 5:30 Pacific.
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/GRANT STEVEN SEILER/ Examiner, Art Unit 1734
/PETER L VAJDA/ Primary Examiner, Art Unit 1737 04/15/2026
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