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 .
Response to Amendment
The amendment filed 5/21/2026 has been entered. Claims 1-4 and 6-16 remain pending. Claim 1 is amended. Claim 5 has been cancelled.
Response to Arguments
Applicant's arguments filed 5/21/2026 have been fully considered but they are not persuasive.
Applicant argues claim 5 has been incorporated into claim 1, and the art previously used in the rejection of claim 5, Kawanishi, does not teach a single apparatus which simultaneously cools, fluidizes, mixes, and continuously discharges. Examiner disagrees, the cited section of paragraph [0068] of Kawanishi is specifically detailing examples of the cooler, one of which is a “double pipe or triple pipe as combined with a static mixer”. The cooler is the whole combination of pipes and static mixer, not a double pipe or triple pipe cooler which is combined with a static mixer where no cooling is occurring in the static cooler. Kawanishi further details using a static mixer such as a [Sulzer] mixer ([0054], [0060]). Sulzer is known to produce multi-tube (aka multiple pipe) heat exchanger type static mixers, specifically for increased heat transfer and narrow residence time (Sulzer). One of skill in the art would recognize a cooler comprising a double pipe or triple pipe combined with a static mixer, as a single apparatus, would simultaneously cool, mix, fluidize and continuously discharge.
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.
Claims 1-4 and 6-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hirai (JP 2017090573) in view of Kawanishi (US 20030023103) and Nagashima (US 20170160662).
Regarding claims 1-2, 6, and 14-16, Hirai discloses a method of producing a toner from a dispersion, the dispersion comprising a composite polyester resin having a styrene-acrylic segment, the polyester segment including a structural unit derived from a hydrocarbon wax, and a crystalline polyester ([0008],[0010]-[0012]). The composite resin further comprises a structural unit derived from an alcohol component and a structural unit derived from a carboxylic acid ([0019], [0026]). The amorphous resin is produced by mixing the alcohols and carboxylic acids with the hydrocarbon wax, heating and carrying out polycondensation ([0008], [0010], [0026], [0142]-[0143], Table 1 page 35-36). Hirai further discloses the crystalline polyester comprises a structural unit derived from an alcohol component and a structural unit derived from a carboxylic acid component, which are mixed and reacted in a polycondensation reaction ([0069]-[0075]). Hirai further discloses the aqueous dispersion is produced by mixing dispersions the polyester resins, aggregating particles, and fusing the aggregated particles, which are then cooled ([0008], [0155]). Hirai does not disclose the means for cooling the dispersion, or a cooling rate of 20°C/second or more.
Kawanishi teaches a method of mixing an aqueous solution within a closed mixing means ([0022]), specifically a static mixer, which may further be used for cooling of the water based dispersion ([0054], [0068). One of skill in the art would recognize a static mixer would simultaneously fluidize, continuously mix, and continuously discharge the solution. Kawanishi further teaches the cooler may be selected from a double pipe or triple pipe combined with a static mixer depending on the required capacity of heat exchange ([0068]). Kawanishi further teaches closed mixing means have no air phase, and therefore no gas/liquid interface ([0023]), which prevents agglomeration of particles on the surface of bubbles ([0018]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to use a closed mixing means such as a static mixer, as taught by Kawanishi, to prevent excess bubble formation and particle agglomeration in the method of Hirai.
Nagashima teaches a toner production method using a high cooling rate, preferably at least 50°C/min, with an upper limit of 3000°C/min ([0108]-[0110]). In other words cooling at a rate of 50/60 to 3000/60 or 0.83 to 50°C/second. Nagashima further teaches the degree of crystallization of the crystalline resin differs depending on the cooling rate, with increased crystallization occurring when cooled at a rapid rate ([0108]-[0109]). Increased crystallization controls the integration value of stress, which is correlated to the cold offset resistance of the toner ([0025], [0109]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to ensure the dispersion of modified Hirai is cooled at a rate of 0.83-50°C/second, as taught by Nagashima, to improve the cold offset resistance of the toner produced by the dispersion.
Regarding claims 3-4, modified Hirai discloses all limitations as set forth above. Kawanishi further teaches when cooling the dispersion a cooling rate should be selected such that the desired temperature is reached in 0.05-10 seconds, preferably 0.05-1 second ([0059]).
Regarding claims 7-8, modified Hirai discloses all limitations as set forth above. Hirai further discloses the dispersion is cooled from 80°C to 20°C, a difference of 60°C ([0155]).
Regarding claims 9-11, modified Hirai discloses all limitations as set forth above. Hirai further discloses the melting point of the crystalline resins C1 and C2 used in the examples are 85.3°C and 73.6°C, respectively (Table 3 page 37). The dispersion is fused at 80°C ([0155]), which is more than [the melting point of the crystalline resin -15°C] and lower than [the melting point of the crystalline resin +30°C]. The dispersion is then cooled to 20°C ([0155]), which is higher than [the melting point of the crystalline resin -80°C] and lower than [the melting point of the crystalline resin -30°C].
Regarding claim 12, modified Hirai discloses all limitations as set forth above. Hirai further discloses the individual resin dispersions, a1-a13, b1 to b2, and c1-c2 are diluted with water to a concentration 20% solids by mass ([0153]). The resin particle dispersion used to produce the toner is a mix of 90g dispersion a1 (aka 18g resin, 72g water), 180g dispersion b1 (aka 36g resin, 144g water), 30g dispersion c1 (aka 6g resin, 24g water), 52g of water, 150g of 0.1 mass% calcium chloride solution, 30g of dispersion b2 (aka 6g resin, 24g water), and 37g of deionized water mixed with 4.2 g of surfactant ([0155]). This brings the total water to resin ratio to (72+144+24+52+150+24+37) : (18+36+6+6), or 603:66 = 7.62:1.
Regarding claim 13, modified Hirai discloses all limitations as set forth above. Hirai further discloses 90g of dispersion a1, aka the amorphous polyester-based resin, and 30g of dispersion c1, aka the crystalline polyester resin, are used in the production of toner 1, a ratio of 75:25 ([0155]). Examples 2-10 further show a range of 270:30 for Toner 2, aka 90:10, to 15:30 for Toner 3, aka 33.3:66.7 (Table 5, page 40-41).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Goto (US 6344312) and Ito (US 6582896) are similar to Kawanishi above, both of which teach a static mixer used as a double tube cooler (Goto Col 13 line 28-32; Ito Col 9 line 24-28)
Masakazu (US 20150051359) teaches using a cooler with a built in static mixer, including using Sulzer static mixers ([0082]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES COLLINS SULLIVAN IV whose telephone number is (571)272-2208. The examiner can normally be reached M-F 8-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Orlando can be reached at (571) 270-3149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/C.C.S./ Examiner, Art Unit 1737
/AMBER R ORLANDO/ Supervisory Patent Examiner, Art Unit 1731
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