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 Arguments
Applicant’s arguments, see the Response, filed 3/13/2026, with respect to the rejection(s) of claim(s) 1-5, 7-8, and 11-18 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 Therefore, the rejection has been withdrawn.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
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-8, 11-17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Hideyuki (JP 2015-148668) in view of Sacripante (US PGP 2015-0111145).
Hideyuki teaches a toner containing a non-crystalline polyester resin A, a non-crystalline polyester resin B, and a crystalline polyester resin C ([0015]). The non-crystalline polyester resin A is insoluble in THF ([0015]). The content of the THF insoluble matter with respect to the total amount of the toner is preferably 15% to 35% ([0114]). The THF insoluble matter has a glass transition temperature (Tg2nd) of -40°C to 30°C, a storage elastic modulus at 100°C, G’(100), of 1x105 to 1x107 Pa, and a ratio G’(40)/G’(100) of the storage elastic modulus at 40°C and 100°C of 3.5x10 or less ([0015]). The polyester resin A contains a diol that is preferably an aliphatic diol having 4 or more and 12 or less carbon atoms, 3-methyl-1,5-pentanediol being one of these exemplary compounds ([0026]). Exemplary Amorphous Polyester Resins A-1 and A-2 contain 3-methyl-1,5-pentanediol as the diol component ([0194], [0196]). The dicarboxylic acid component of this resin is preferably an aliphatic dicarboxylic acid having 4 or more and 12 or less carbon atoms, succinic acid and sebacic acid being exemplary compounds ([0027]). It would be obvious to select sebacic acid for the dicarboxylic acid component of the resin, as it is contained in a short list of reagents and therefore a person of ordinary skill in the art would expect to have the same results when substituting one acid for another. Amorphous Polyester Resin B-2 contains propylene glycol and adipic acid as components ([0207]). The Exemplary Crystalline Polyester Resin includes sebacic acid as the dicarboxylic acid component ([0211]).
Hideyuki is silent regarding the distribution of components within the toner particle. However, the main components of the toner particles of Hideyuki are similar to those of the instant application, and the toners are prepared in a similar manner. Therefore, it would be expected that the abundance of crystalline resin in a region from an outermost surface of each of the toner particles to a depth of 150 nm from the outermost surface is 4% or less relative to an amount of the crystalline resin in an entire region of each of the toner particles. Both toners contain the same main components of a THF insoluble amorphous polyester resin, a second amorphous polyester resin, and a crystalline polyester resin. Amorphous resin A-1 of Hideyuki ([0194]) is similar to amorphous resin A-3 of the instant application, amorphous resin B-2 of Hideyuki ([0207]) is similar to amorphous resin B-2 of the instant application, and crystalline resin C of Hideyuki ([0211]) is the same as crystalline resin C-1 of the instant application. The method of production of the particles is also very similar, wherein an oil phase and aqueous phase are emulsified to form the toner particle ([0222-227]). Similarly, the average major axis of the grains of the crystalline resin and the average aspect ratio of the grains of the crystalline resin would be expected to be similar to that of the instant application, as the makeup of the crystalline and surrounding resins are similar, and would fall in the range of 500 nm or less and 4.0 or greater, respectively.
The volume average particle diameter of the toner is 3 to 7 µm, and a component having a volume average particle diameter of 2 µm or less is contained in an amount of 1% by number to 10% by number ([0109]). The toner may contain an external additive ([0088]). The toner may be used with a carrier to form a developer ([0159]). The image forming apparatus comprises an electrostatic latent image bearer, an electrostatic latent image forming unit that forms an electrostatic latent image on the image bearer, and a developing unit that develops the latent image ([0165]). The developing device accommodates the unit storing the toner ([0168]).
Hideyuki is silent regarding a radiocarbon 14C content in the resin particles and the origin of the resin monomers. Sacripante teaches a sustainable toner (Abstract), wherein the toner contains bio-based materials ([0001]). The toner contains a wax to improve properties such as shape, charging, fusing characteristics, gloss, stripping, and offset properties ([0086]). The wax may include petroleum-based waxes and hydrocarbon waxes such as paraffin wax and microcrystalline waxes ([0088]). Petroleum based reagents may be replaced with plant-based materials to lessen the environmental impact of the toner ([0002-3]). Sacripante teaches that the toner has at least 70% sustainable content ([0012]). As the Biomass degree (%) = 14C content (pMC) / 107.5 x 100 (Applicant, Formula (1) Pg 8), a content of 70% sustainable material would have a 14C concentration of 75.25 pMC. The reagents for the polyester resins may include bio-based sebacic acid ([0057]). 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 Hideyuki to have a 14C concentration of at least 75.25 pMC, and to have used plant-based sebacic acid as taught by Sacripante in the amorphous polyester resin A of Hideyuki in order to have produced a toner that is more environmentally friendly.
Conclusion
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/J.K./Examiner, Art Unit 1734
/PETER L VAJDA/Primary Examiner, Art Unit 1737 09/10/2026
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