DETAILED ACTION
Response to Arguments
Applicant’s arguments, see the Response, filed 5/26/2026, with respect to the rejection(s) of claim(s) 1-4 and 6-10 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made below.
Claim Rejections - 35 USC § 103
Claims 1, 4, 6-9, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Maeda (WO 2019-107087) in view of Zhang (Bio-based polyesters: Recent progress and future prospects).
Maeda teaches a resin particle comprising a polyester resin (a) with a glass transition temperature of -20°C to 57°C, wherein the resin (a) is crosslinked (Abstract). The exemplary polyester resin (a-4) has a glass transition temperature of -20°C ([0140]). The polyester resin (a) is a non-linear polyester resin ([0041]). The content of the THF-insoluble portion, derived from the polyester resin (a), of the resin particle is preferably from 9% to 40% ([0057]). The exemplary resin particles 1-3, 5-6, and 8-15 have THF-insoluble portions between 18% and 40% (Table 2). The resin particles are aggregated with a flocculant such as metal salts, including divalent magnesium chloride, divalent calcium chloride, and trivalent aluminum chloride ([0110]). Aggregation with one of these metal ions will cross-link the polyester resin (a). None of the exemplary polyester resin (a) contain a compound such as an isocyanate that would produce a urethane or urea group in the resin. The resin particle further comprises a crystalline polyester resin (C) ([0062]). One of the two most preferable compounds for the carboxylic acid component of the crystalline resin (C) is sebacic acid ([0066]).
Maeda teaches a toner containing the resin particles ([0121]). The toner is used for developing electrostatic images in electrophotography ([0132]). It is known in the art that in an electrophotographic image forming apparatus the toner in contained in a toner accommodating unit comprising a container containing the toner.
Madea is silent regarding the origin of the monomer components of the polyester resins and a carbon-14 concentration in the resin particle. Zhang discloses the development of sustainable and environmentally friendly polymer materials (Abstract). “As the global energy, resources and environment are faced with huge challenges, the conventional petroleum-based polymer industry must address the pressing demand for a massive amount of energy and resources, which is a tough test. In recent years, the synthesis of polymers from renewable resources has become a major concern of academia, because it provides a feasible solution for the fossil fuel depletion and the growing environmental threat.” (Introduction, paragraph 1). The development of bio-based monomers delivers sustainability solutions for conventional petroleum-based polyesters (Introduction, paragraph 3). Zhang teaches that biomass fermentation technologies have resulted in a wide variety of bio-based aliphatic monomers (2.1 Bio-based aliphatic monomers, paragraph 1). Some of the conventional bio-based monomers which have the same structure as petroleum-based monomers and have been industrialized include alkylene glycols having 2 to 5 carbon atoms and aliphatic carboxylic acids such as succinic acid, adipic acid, sebacic acid, and dodecanedioic acid (2.1 Bio-based aliphatic polyesters, paragraph 2). These are the same monomers Madea teaches for the crystalline polyester resin ([0065-66]). With advancements in monomer fermentation and purification, these monomers will continue becoming more abundant with improved purity and production cost. Table 2 shows known bio-based aliphatic binary copolyesters, including PESe, comprised of sebacic acid and ethylene glycol, and PPeS, comprised of sebacic acid and pentanediol. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the crystalline polyester of Maeda to have included bio-based monomers including sebacic acid as taught by Zhang, in order to make the resin particle more sustainable.
The crystalline resin of Maeda when comprised of bio-based monomers would contribute carbon-14 to the resin particles. The exemplary resin particles contain 10 parts crystalline resin of 124 total parts, or 8.06% of the resin particle (Table 2). The carbon-14 concentration can be determined from the degree of biomass: carbon-14 concentration (pMC) = degree of biomass (percent)/0.935 (Applicant Pg 4 line 5-6). The carbon-14 concentration would therefore be 8.63 pMC.
Claims 2 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Maeda and Zhang as applied to claims 1, 4, 6-9 and 11 above, and further in view of Suzuki (EP 3825766).
The entire discussion of Maeda and Zhang above is included herein. Maeda teaches a release agent in the resin particle ([0079]). However, Maeda is silent regarding the wax comprising a synthetic wax of a plant-derived monomer. Suzuki teaches a toner comprising a release agent which is preferably a monoester wax, n order for the toner to exhibit high releasability while securing high gloss and sufficient low-temperature fixability ([0106]). The wax used in the exemplary toner particles is WE-11 manufactured by NOF Corporation ([0267],[0279],[0285]), which is the same wax used in the exemplary toners of the instant application (Pg. 35 line 24-25). Applicant discloses that this wax is a synthetic wax of plant-derived monomer. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the toner of Maeda and Zhang to have included the synthetic wax of a plant derived monomer of Suzuki in order to produce a toner having high releasability, high gloss, and low-temperature fixability while further increasing the sustainability of the toner.
As the wax comprises a plant-derived monomer, the carbon-14 concentration would be increased. The combination of the bio-based crystalline polyester resin and plant-based wax make up 17 parts of the resin particle to 124 total parts of the exemplary resin particles of Maeda (Table 2), or 13.7%. This equates to 14.7 pMC.
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.
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/J.K./Examiner, Art Unit 1734
/PETER L VAJDA/Primary Examiner, Art Unit 1737 08/25/2026
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