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 12/16/2025 has been entered. Claims 1-3, and 5-23 remain pending. Claims 1, 3, 5-9, 11, and 13-23 are amended. Claim 4 has been cancelled.
Response to Arguments
Applicant's arguments filed 12/16/2025 have been fully considered but they are not persuasive.
Applicant argues Ogaki formula (1-5) does not cover Formula (1) of the amended Instant Claims. Specifically, Applicant notes Rf1 and Rf2 both representing perfluoroalkyl group having 3 carbons each, noting many of the specific examples of formula (1-5) have more than 6 carbon atoms between the perfluoroalkyl groups. While Examiner agrees the specific examples are not an exact match to the formula (1) of the amended claim, it would be an obvious variant to one of skill in the art. Examples of the perfluoroalkyl groups in formula (1-5) teach examples with 1-6 carbon atoms in the location equivalent to Rf2 in the instant claim 1, (Ogaki page 13).
Applicant further argues Ogaki formula (Rf12-9) has R20 (corresponding to R12) as a single bond, and the equivalent Rf1 having 2 carbon atoms and Rf2 of 4 carbon atoms. Examiner notes (Rf12-9) does not specifically detail the value of R20, it only provides an example of the combination of Rf1-O-Rf2 of the Instant Claim. Examiner agrees (Rf12-9) no longer anticipates the amended claim. However, in view of (Rf12-1) through (Rf12-17) a perfluoroalkyl group interrupted by an oxygen atom with 3 carbon atoms on each side of the oxygen would be obvious variation to one of skill in the art, requiring only routine experimentation.
Applicant further argues Ogaki notes formula (1-5) is responsible for the high affinity with fluorine atom-containing resin particles, and one of skill in the art would recognize a longer perfluoroalkyl chain after oxygen, closer to the tip of the Rf12 group would provide greater interaction with the fluorine containing resin particles. Examiner notes that while Ogaki does mention formula (1-5) is noted for its affinity to fluorine atom containing resin particles, Ogaki specifically mentions the importance of the oxygen interrupting the perfluoroalkyl group. (Ogaki [0077]). Furthermore, Ogaki includes examples with the perfluoroalkyl group interrupted by multiple oxygen atoms, and example Rf12 groups with as little as 1 carbon atom after the oxygen atom, (Rf12-1) and (Rf12-12). The length of the part of the perfluoroalkyl group after the oxygen, equivalent to Rf2 in the Instant Claims, is not limited by Ogaki. Ogaki does not teach away from a perfluoroalkyl group with a section equivalent to Rf2 in the Instant Claims with 3 carbon atoms, the preferred formula (1-5-13), page 15 possesses only 3 carbon atoms after the final oxygen atom.
Claim Objections
Applicant is advised that should claim 2 be found allowable, claim 3 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Following the amendments, claim 2 and claim 3 have substantially identical limitations.
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 1-7, 10-11, and 18-23 are rejected under 35 U.S.C. 103 as being unpatentable over Ogaki (US 20080199795).
Regarding claim 1, Ogaki discloses an electrophotographic photoreceptor comprising a surface layer which includes a polymers having a specific repeating unit, as well as fluorine atom containing resin particles (abstract, [0014]). Ogaki further discloses the surface layer includes a binder resin, and the polymer having the specific repeating unit has a portion having a high affinity for the resin particles and a portion having an affinity for the binder resin ([0099]). Ogaki further teaches the polymer contains repeating structural units represented by at least one of (1-1) to (1-6), with (1-5) taught to be a similar repeating unit to Applicant’s formula (1) in the pending claims 1 and 3 ([0015]-[0016], [0025] [0036], [0068]-[0072]).
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Ogaki further discloses R1 is a hydrogen atom or a methyl group, and R20 is a single bond or an alkylene group ([0016]). Ogaki further discloses Rf12 is a fluoroalkyl group interrupted with oxygen, which reads on the Rf1—O—Rf2 of the Instant Claims 1 and 3 ([0016]). Ogaki further discloses several specific examples of Rf12 which may be used in formula (1-5) which covers a range of carbon atoms before and after the oxygen atom (page 13). While no specific example are specifically 3 carbon perfluoroalkyl, oxygen, and 3 perfluoroalkyl as claimed, one of skill in the art would recognize the definition of Rf12 would cover such a group, and it could be produced with routine experimentation ([0071]-[0072], page 13). Ogaki further discloses by using the repeating structure represented by (1-5) with a fluoroalkyl group interrupted with an oxygen atom improves dispersibility of the fluorine atom containing resin particles in the surface layer ([0077]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to test possible Rf12 fluoroalkyl groups to determine which best disperses the fluorine containing resin particles.
Regarding claims 2 and 3, Ogaki discloses all limitations as set forth above. Ogaki further discloses the polymer is further produced using formula (a), comprising linking group Y and terminal group Z. Linking group Y is preferably formula (c), and terminal group Z is preferably a (meth)acrylic group represented by formula (b-1) or (b-2) ([0091]-[0100]).
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The structural units making up the polymer do not contain acidic groups known to have a pKa value of 3 or less.
Regarding claim 5, Ogaki discloses all limitations as set forth above. Ogaki further discloses the weight average molecular weight of the polymer is preferably 1,000 to 100,000 ([0102]).
Regarding claim 6-7, Ogaki discloses all limitations as set forth above. Ogaki further discloses the content of the fluorine atom containing resin particles is 0.1-30 mass% with respect to the protective layer and the content of the polymer having the specific repeating structural unit is 0.05-5 mass% of the charge transporting substance and the binder resin ([0229]). Therefore, the content of the polymer can range from 0.05/30 to 5/0.1, or 0.0017 to 50 mass% with respect to the fluorine atom containing resin particles.
Regarding claim 10, Ogaki discloses all limitations as set forth above. Ogaki further discloses the fluorine atom containing resin particles are preferably tetrafluoroethylene resin particles ([0175])
Regarding claim 11, Ogaki discloses all limitations as set forth above. Ogaki further discloses the average particle size of the tetrafluoroethylene resin particles is 0.15µm (aka 150nm) ([0276]). Ogaki further discloses other Examples, comprising average particles sizes of 0.14-0.17 µm ([0304], [0305]).
Regarding claims 18-20, Ogaki discloses all limitations as set forth above. Ogaki further discloses polycarbonate or polyarylate is used as the binder of the surface layer ([0214]-[0217]). Ogaki further discloses use of charge transport substance (CTM-2), which reads on applicant’s formula (3) of pending claim 19.
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Regarding claims 21 and 22, Ogaki discloses all limitations as set forth above. Ogaki further discloses a process cartridge and electrophotographic apparatus each having the electrophotographic photosensitive member ([0003], [0013], [0018]-[0020]). Ogaki further discloses the process cartridge is integrally supported and detachably attached to the main body of an electrophotographic apparatus ([0018]).
Regarding claim 23 Ogaki discloses all limitations as set forth above. Ogaki further discloses a method of manufacturing the electrophotographic member ([0003], [0013]). Ogaki further teaches the method comprises forming the surface layer using a coating solution containing the polymer having repeating structural units represented by formula (1) ([0017]). Ogaki further discloses the charge transporting layer coating solution (aka surface-layer coating solution) is prepared by dispersion with the addition of the fluorine containing resin particles ([0217]-[0219]). Ogaki further discloses the solution is prepared, applied using dip coating, and dried to form the charge transporting layer ([0274]-[0278]).
Claims 8-9 and 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Ogaki (US 20080199795) as applied to claims 1-7, 10-11, and 18-23 above, and further in view of Iwasaki (US 20200257212).
Regarding claims 8-9, Ogaki discloses all limitations as set forth above. Ogaki does disclose the polymer having the specific repeating unit also has a repeating unit meeting formula (a), with the terminal group Z represented by formula (b-1) or (b-2) ([0091]), which reads on Applicant’s formula (2). However, Ogaki does not disclose how many times (b-1) or (b-2) is repeated.
Iwasaki teaches a similar photoreceptor comprising a surface layer that contains fluorine containing resin particles and a fluorine containing graft polymer (abstract). The fluorine containing graft polymer has a fluorinated segment (FA) and a non-fluorinated segment (FB) similar to that of Ogaki. The non-fluorinated segment (FB) reads on the Applicant’s formula (2) in pending claim 8, wherein YA1 is an alkylene group, YB is an ester group bounded on either side by an alkylene group and an ester group that corresponds to the applicants formula (2A) ([0133]-[0134]).
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Iwasaki further teaches fn is an integer of 1 or more ([0134]). Iwasaki further teaches the fluorine containing graft polymer is used as a dispersant to enhance the dispersibility of the fluorine containing resin particles ([0009]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to ensure the photoreceptor of Ogaki uses a fluorine containing graft copolymer comprising a non-fluorinated segment comprising the formula (FB), as taught by Iwasaki, to improve dispersibility of the fluorine containing resin particles.
Regarding claims 12-13, Ogaki discloses all limitations as set forth above. Ogaki further discloses Ogaki does not disclose the binder resin as a cured product of a hole transporting compound having a polymerizable functional group.
Iwasaki teaches the charge transport layer contains a polymeric charge-transporting material ([0229]). Iwasaki further teaches the charge transport material is preferably a triarylamine derivative having the structure of formula (a-1), which reads on the claimed structure (CT-1) in pending claim 13 ([0231]-[0237]).
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Regarding claim 14, modified Ogaki discloses all limitations as set forth above. Ogaki further discloses the content of the fluorine atom containing resin particles is 0.1-30 mass% with respect to the protective layer and the content of the polymer having the specific repeating structural unit is 0.05-5 mass% of the charge transporting substance and the binder resin ([0229]).
Claims 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Ogaki (US 20080199795) in view of Iwasaki (US 20200257212) as applied to claims 8-9 and 12-14 above, and further in view of Yamamoto (JP 2014038139).
Regarding claims 15-16, modified Ogaki discloses all limitations as set forth above. Ogaki does not disclose a triazine based compound used in the binder resin.
Yamamoto teaches a photoreceptor with a desired elastic deformation ration in the surface layer to prevent peeling of the photosensitive member ([0004]-[0012]). Yamamoto further teaches peeling is prevented by using a surface layer with a charge transport polymer that is formed by reacting a charge transporting compound having an alcohol or alkoxy group with guanamine or melamine compound ([0061]-[0063]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to ensure the photosensitive member of modified Ogaki produces the binder by reacting the charge transport material with a guanamine or melamine resin, as taught by Yamamoto, to prevent peeling of the surface layer.
Regarding claim 17, modified Ogaki discloses all limitations as set forth above. Ogaki further discloses the content of the fluorine atom containing resin particles is 0.1-30 mass% with respect to the protective layer and the content of the polymer having the specific repeating structural unit is 0.05-5 mass% of the charge transporting substance and the binder resin ([0229]).
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.
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, Mark Huff can be reached at (571) 272-1385. 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
/MARK F. HUFF/Supervisory Patent Examiner, Art Unit 1737