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
Claim 1 is amended to incorporate the limitation of presently canceled Claim 4 surrounding the magnesium content in the resin particles, as well as to narrow the claimed range of sodium content in the resin particles, and to specify that the amorphous polyester resin has a urethane or urea bond. New Claim 23 has been added. No new subject matter has been added.
Response to Arguments
Applicant's arguments filed 2026-08-11 have been fully considered but they are not persuasive. First, Applicant’s argument regarding the specific combination of sodium and magnesium contents was raised previously in the remarks filed 2026-04-13. The previous office action (non-final rejection dated 2026-05-14) has already detailed the reasons for which that argument is not persuasive.
Second, Applicant argues that the new limitation of amended Claim 1 surrounding the inclusion of a urethane or urea bond in the amorphous polyester of the resin particles overcomes the rejections stated in the previous office action over various combinations of Sacripante, Iwamoto, Takemori, and Uosaki. However, as detailed in the updated rejection below (over the references just mentioned in combination), Iwamoto teaches inclusion of a urethane or urea bond in the polyester of a biomass-based toner. For these reasons, the updated rejection below is not withdrawn.
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 – 3, 6 – 9, 11 – 13, and 15 – 23 are rejected under 35 U.S.C. 103 as being unpatentable over Sacripante et al (US PGP 2014/0134534) in view of Iwamoto et al (US PGP 2009/0297973), further in view of Takemori et al (US PGP 2015/0086918), further in view of Uosaki et al (US PGP 2006/0078816).
Sacripante teaches a toner comprising biodegradable and recycled materials (Abstract). Toner particles may comprise one or more polymers ([0018]), which may be present in the toner particle in an amount of 65 – 95% by mass ([0019]). A polymer may comprise 5 – 70% by mass of PET (polyethylene terephthalate), and the toner may comprise 25 – 90% by mass of bio-based material ([0019]). Bio-based material according to Sacripante ([0010]) is substantially the same as the biomass-derived material of the instant application. Therefore, such a toner would inherently possess 14C in an amount exceeding 10.8 pMC.
Sacripante teaches that a surfactant may be used in the emulsion aggregation ([0060] – [0061]), and several examples containing sodium ions are given, including sodium dodecylsulfate (SDS) ([0064]). Sacripante teaches that the total amount of surfactant in the toner forming emulsion may be 0.01 – 5% by mass ([0062]). This range encompasses the inclusion amount of SDS disclosed in the instant application for Resin particles 1 (Specification, [0307] – 0314]). 1,200 parts by mass of aqueous phase 1 being included in the toner-forming composition introduces 22 parts by mass of SDS.
1200
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20
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990
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22
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That results in SDS being included in the toner-forming composition in an amount of about 1.1% by mass.
22
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1200
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Resin particles 1 possess a value for sodium content (Na %) of 0.08 (Specification, page 96, Table 3). Therefore, the toner of Sacripante may contain sodium in an amount in the range of about 0.0007 – 0.36% by mass in the toner, reading on the range stated in Claim 1.
0.08
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0.36
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Sacripante mentions salts of magnesium (a divalent metal), including MgSO4 and MgCl2, as aggregating agents ([0072]). These may be present an emulsion for aggregating toner particles in an amount of 0.01 – 10% by mass relative to toner solids ([0073]). This range encompasses the inclusion amount of MgSO4 disclosed in the instant application for Resin particles 3 (Specification, Table 2 and Table 3). 30 parts of a 5% solution of MgSO4 introduces 1.5 parts of MgSO4.
30
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That results in MgSO4 being included in the toner-forming composition in an amount of about 0.08% by mass.
1.5
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1200
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4
Resin particles 3 possess a value for magnesium content (Divalent metal elements Amount %) of 0.07 (Specification, Table 3). Therefore, the toner of Sacripante may contain magnesium in an amount in the range of about 0.01 – 9.1%.
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0.07
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10.0
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9.09
%
M
g
This range, having an upper bound higher than that for the amount of sodium allowed in the toner by Sacripante, allows the amount of magnesium in the toner to exceed the amount of sodium in the toner. This range for the content of magnesium also encompasses the range stated for the content of a magnesium in the toner particles stated in Claim 1.
Sacripante describes amorphous polyester as a usable resin in the toner ([0006], [0024], [0027]). In listing preferable bio-based diacid monomers for use in forming the amorphous polyester, Sacripante mentions adipic (C6), pimelic (C7), suberic (C8), azelaic (C9), and dodecane dioic (C12) acids ([0029]). While sebacic (C10) acid is not specifically pointed out, it is a homologue of azelaic acid. In addition, where the diacids of C6 – C9 are acceptable for use in an amorphous polyester, as is a diacid with a chain as long as dodecane dioic acid, a practitioner of ordinary skill would interpolate between C9 and C12 and recognize that a sebacic acid (C10) would be acceptable as well.
Sacripante teaches that the polyester may be crosslinked ([0013], [0016], [0024]), but does not appear to teach urethane or urea bonds included in the polyester resin.
Iwamoto discloses a toner having a 14C content of 10.8 pMC or more (Abstract). The toner contains at least a binder resin ([0037]), which is preferably a polyester resin ([0047]). Iwamoto teaches that the polyester may contain a urethane or urea bond formed by reaction of an isocyanate group ([0136], [0137]). The resultant crosslinking imparts hot offset resistance while maintaining low-temperature fixability ([0137]).
Neither of Sacripante or Iwamoto appears to specifically teach plant-derived sebacic acid as a component of an amorphous polyester resin.
Takemori teaches a toner including toner particles (Abstract). Takemori teaches that, in the interest of carbon-neutrality, at least a portion of the material include in the toner should be derived from biomass ([0029]). The binder resin of the toner may be a polyester resin ([0012], [0013]), and Takemori gives as an example dicarboxylic acid which may be used to prepare the polyester sebacic acid ([0018]). This is separate from Takemori’s discussion of crystalline polyester resins ([0035]).
None of Sacripante, Iwamoto, or Takemori appears to teach the use of recycled PET or PBT explicitly in flake form.
Uosaki teaches a polyester binder resin for a toner (Abstract). The binder resin is obtained from PET and/or PBT, a polycarboxylic acid, and a polyhydric alcohol ([0025]). Uosaki teaches that, from the viewpoint of reducing environmental load, use of recycled products as a source of PET/PBT is preferred, and points out recycled products in the form of flakes ([0046]).
In preparing the toner of Sacripante, one of ordinary skill in the art would have been motivated to improve the hot offset resistance while maintaining low-temperature fixability of the toner by incorporating crosslinking urethane or urea groups in the polyester resin as taught by Iwamoto. In addition, one of ordinary skill in the art would have been motivated to augment the biomass-derived carbon content of the toner by incorporating plant-derived monomers into the amorphous polyester resin as taught by Takemori. Further, one of ordinary skill in the art would have been motivated to reduce the environmental load of the toner by using recycled products as a source of PET/PBT for the binder resin, as taught by Uosaki. 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 Sacripante, wherein the polyester resin contains urethane or urea groups as taught by Iwamoto, the amorphous polyester resin contains plant-derived sebacic acid as taught by Takemori, and using flakes of recycled PET/PBT as taught by Uosaki, resulting in a toner described by Claim 1.
As mentioned above, the toner particles of Sacripante may contain amorphous polyester and/or crystalline polyester resins ([0006]). An amorphous polyester resin may be bio-based ([0029]), and a crystalline polyester resin may be bio-based ([0035]). As also mentioned above, the toner particles may comprise polymers containing 5 – 70% by mass of PET, and may also comprise 25 – 90% by mass of bio-based materials, allowing the total content of PET and bio-based polymers to be greater than 50% by mass of the toner particles, satisfying Claim 2. This also allows the content of PET to exceed that of bio-based polymers in the toner particles, satisfying Claim 3.
As mentioned above, Sacripante teaches a toner comprised of toner particles, which are analogous to resin particles, satisfying Claim 6. Sacripante teaches that the toner particles may be part of a two-component developer ([0125]), satisfying Claim 7.
Sacripante teaches enclosures and vessels which may serve more than a storage function ([0131]), as well as toner delivery devices such as cartridges, tanks, or reservoirs ([0133]), all able to be considered a toner housing unit, satisfying Claim 8.
Iwamoto teaches an image forming apparatus comprising at least an image bearing member, an image forming unit, a developing unit, a transfer unit, and a fixing unit ([0171]). The developing unit houses the toner of Iwamoto ([0166]), satisfying Claim 9.
Sacripante teaches that the toner may contain a wax ([0067]), and gives at least carnauba wax, rice wax, beeswax, ozokerite, and ceresin as examples ([0069]). These waxes are also pointed out in the instant application (Specification, [0105]) as preferable examples of waxes for use as a release agent. These are listed alongside the stated preference for a wax having a melting point of 50 - 120°C (Specification, [0104], [0107]). Therefore, at least some of the waxes listed by Sacripante would possess a melting point reading on the range stated in Claim 11.
Sacripante teaches that the toner may comprise externally added silica or titania fine particles ([0077]), and that they may be contained in the toner in an amount of 0.1 – 10% by weight relative to the toner ([0079]), satisfying Claim 12 and Claim 13.
Where, as discussed above, the toner particles of Sacripante may comprise one or more polymers ([0018]), which may be present in the toner particle in an amount of 65 – 95% by mass ([0019]), and a polymer may comprise 5 – 70% by mass of PET (polyethylene terephthalate), the toner of Sacripante may contain PET in an amount of 3.25 – 66.5% by mass relative to the whole toner particles, overlapping the range stated in Claim 15.
5
%
*
65
%
=
3.25
%
70
%
*
95
%
=
66.5
%
Sacripante discloses the preparation of three different resins, which are amorphous polyester resins, having glass transition temperatures ([0141] – [0142], [0143], [0145]) lying in the range stated in Claim 16.
Sacripante discloses the preparation of an amorphous polyester resin having an acid value ([0145]) lying in the range stated in Claim 17.
Sacripante teaches that a crystalline polyester resin may contain monomer units of linear aliphatic diols having 2 – 10 or 12 carbons ([0034]), and monomer units of linear aliphatic dicarboxylic acids having 4 – 6 or 8 – 10 carbons ([0035]), reading on the monomers described in Claim 18.
Sacripante teaches that the toner may contain a charge control additive in an amount of 0.1 – 10% by weight, encompassing the range stated in Claim 19.
Iwamoto teaches a process cartridge which is detachably mounted to an image forming apparatus ([0026]), and which includes a latent electrostatic image bearing member ([0027]) and a developing unit ([0028]), satisfying Claim 20.
Takemori teaches that the binder resin may contain a crystalline polyester resin ([0034]). Takemori gives as example diol monomers for use in preparing the crystalline polyester aliphatic diols of 2 – 8 carbons, which would include ethylene glycol ([0036]). Where Takemori teaches inclusion of biomass-derived alcohols in the polyester binder resin ([0030]), it would have been obvious to one of ordinary skill in the art to include plant-derived ethylene glycol in the crystalline polyester resin, satisfying Claim 21.
As discussed above, Uosaki teaches the use of flakes of recycled PET/PBT, satisfying Claim 22. In addition, as discussed above, Sacripante teaches a binder resin of a toner particle having biomass-derived resin and recycled materials, satisfying Claim 23.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Johnson can be reached at 571-272-1177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GRANT STEVEN SEILER/ Examiner, Art Unit 1734
/PETER L VAJDA/ Primary Examiner, Art Unit 1737 09/10/2026
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