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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 2026-03-10 has been entered.
Response to Amendment
Claims 1 and 6 are amended to specify that the polyester resin includes at least dicarboxylic acid unit (A2) and diol unit (B). Claims 5 and 10 are amended to specify that the polyester resin includes at least one of diol unit (B1) and diol unit (B2). Claim 10 is further amended to depend on Claim 6. Claims 3, 4, 8, 9, 21, 22, 25, and 26 are cancelled. New Claims 29 – 36 have been added. Previously presented Claims 2, 7, 11, 20, 23, 24, 27, and 28 remain pending. No new subject matter has been added.
Response to Arguments
Applicant’s arguments regarding the prior rejection under 35 U.S.C. §102(a) are mooted by the rejection under 35 U.S.C. §103 below. Applicant’s argument that unexpected results of suppression of ghosts and suppression of black spots/color spots are achieved is not persuasive. As detailed below, Noguchi’s disclosure is aimed, at least in part, at suppression of ghosts. In addition, Suzuki et al, Yoshihara, and Lee et al teach features of a photosensitive member, shared with the present invention, which suppress the appearance of black spots/color spots. Therefore, these results cannot be considered unexpected.
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.
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, 2, 5, 11, 20, 23, 24, 29, and 31 - 33 are rejected under 35 U.S.C. 103 as being unpatentable over Noguchi et al (US PGP 2017/0343909) in view of Yoshihara (US Patent 5,376,485), further in view of Lee et al (US PGP 2008/0014519).
Noguchi discloses an electrophotographic photosensitive member ([0001]), analogous to an electrophotographic photoreceptor. Noguchi’s disclosure is aimed, at least in part, at suppression of ghosts ([0013]). The photosensitive member includes a conductive support ([0039]) and an undercoat layer on the support member ([0046]). The photosensitive member also includes a photosensitive layer disposed on the undercoat layer ([0037] – [0038]). The photosensitive layer may be a multilayer photosensitive layer, analogous to a lamination type photosensitive layer ([0037]). The multilayer photosensitive layer includes a charge generating layer and a charge transport layer. The charge transport layer contains a charge transporting material ([0037]) and a polyester resin ([0052]).
Noguchi teaches a preferred thickness of the charge transport layer of 5 – 50 µm ([0061]), and a preferred thickness of the undercoat layer of 0.05 – 40 µm ([0046]).
The charge transport layer of Noguchi includes a polyester resin, which has a structure represented by a general formula (I) and a general formula (II) ([0052]). Noguchi gives as an example of a dicarboxylic acid unit conforming to general formula (I) unit (I-4) ([0025]), which is the same as unit (A2-3) of the instant application, and therefore reading on instant formulae (A) and (A2). Noguchi gives as an example of a diol unit conforming to general formula (II) unit (II-1-6) ([0027]), which is the same as unit (B1-4) of the instant application, and therefore reading on instant formulae (B) and (B1).
Yoshihara teaches a photosensitive member including a support, a charge generating layer, and a charge transport layer (Abstract). Yoshihara identifies and describes the defect of black spots (also referred to as color spots) (col. 1, lines 35 – 45). Yoshihara’s disclosure aims to provide a photosensitive member which has solved the problems previously mentioned (col 2., lines 10 – 18). One feature of the photosensitive member which advances those aims is the thickness of the charge transport layer, which is preferably 22 – 50 µm (col. 5, lines 44 – 45).
Lee teaches a photoreceptor including at least a support and a laminated photosensitive layer comprising a charge generating layer and a charge transport layer ([0013]). The photoreceptor also includes an undercoat layer ([0048]). Lee teaches that the thickness of the undercoat layer should be greater than 0.1 µm, so that the appearance of black spots can be prevented ([0049]).
In preparing the photosensitive member of Noguchi, one of ordinary skill in the art would have been motivated to prevent black spots by further constraining the thickness of the charge transport layer in the range taught by Yoshihara, and by further constraining the thickness of the undercoat layer as taught by Lee. The resulting thickness of the charge transport layer would be 22 – 50 µm, and the resulting thickness of the undercoat layer would be 0.1 – 40 µm, reading on the ranges for As and Bs, respectively, stated in Claim 1. In addition, the resulting range for the ratio As/Bs would be 0.55 – 500, encompassing the range stated in Claim 1.
22
µ
m
40
µ
m
=
0.55
50
µ
m
0.1
µ
m
=
500
This range for the ratio As/Bs also encompasses that stated in Claim 2.
As mentioned above, Noguchi gives as an example of a diol unit conforming to general formula (II) unit (II-1-6) ([0027]), which is the same as unit (B1-4) of the instant application, and therefore reads on instant formula (B1) of Claim 5.
Noguchi teaches a process cartridge which integrally supports the electrophotographic photosensitive member, and which is detachably attachable to an electrophotographic apparatus ([0069]). Where, as discussed above, the photoreceptor of Noguchi is described by instant Claim 1, the process cartridge including said photoreceptor therefore reads on Claim 11.
Noguchi teaches an electrophotographic apparatus (analogous to an image forming apparatus) which includes the described photosensitive member, and at least one of: a charging device; an exposure device (analogous to an electrostatic latent image forming unit, [0072]); a developing device; and a transfer device ([0069] – [0070]). Therefore, the apparatus of Noguchi containing the photoreceptor of Noguchi reads on the apparatus of Claim 20.
As mentioned above, the thickness of the charge transport layer would be 22 – 50 µm, and the resulting thickness of the undercoat layer would be 0.1 – 40 µm, encompassing the ranges stated for As and Bs in Claim 23, Claim 24, Claim 31, and Claim 32. In addition, as mentioned above, the resulting range for the ratio As/Bs would be 0.55 – 500, encompassing that stated in Claim 33.
As mentioned above, Noguchi gives as an example of a dicarboxylic acid unit conforming to general formula (I) unit (I-4) ([0025]), which is the same as unit (A2-3) of Claim 29.
Claims 6, 7, 10, 27, 28, 30, and 34 - 36 are rejected under 35 U.S.C. 103 as being unpatentable over Noguchi et al (US PGP 2017/0343909) in view of Suzuki et al (US PGP 2004/0183883), further in view of Lee et al (US PGP 2008/0014519).
The above discussions of Noguchi et al and Lee et al are incorporated herein.
Noguchi teaches that the photosensitive layer may have a single-layer structure, which includes a charge generating material, a charge transport material, and the polyester resin discussed above ([0067]). This represents simply adding a charge generating material to the charge transport layer described above. The resulting single-layer photosensitive layer would therefore have a preferred thickness substantially similar to that of the charge transport layer of the multilayer embodiment.
Suzuki teaches an electrophotographic photoreceptor comprising at least a support and a photosensitive layer (Abstract). Suzuki gives an example of a single-layer photosensitive layer, which may include both a charge generating material and a charge transport material ([0205] – [0206]). The thickness of the single-layer photosensitive layer is preferably 30 – 45 µm, preventing black spots (also referred to as color spots) ([0207]).
In preparing the photosensitive member of Noguchi having a single-layer photosensitive layer, one of ordinary skill in the art would have been motivated to prevent black spots by constraining the thickness of the single-layer photosensitive layer in the range taught by Suzuki, and by further constraining the thickness of the undercoat layer as taught by Lee. The resulting thickness of the single-layer photosensitive layer would be 30 – 45 µm, and the resulting thickness of the undercoat layer would be 0.1 – 40 µm, reading on the ranges for At and Bt, respectively, stated in Claim 6. In addition, the resulting range for the ratio At/Bt would be 0.75 – 450, reading on the range stated in Claim 6.
30
µ
m
40
µ
m
=
0.75
45
µ
m
0.1
µ
m
=
450
This range for the ratio At/Bt also encompasses that stated in Claim 7.
As mentioned above, Noguchi gives as an example of a diol unit conforming to general formula (II) unit (II-1-6) ([0027]), which is the same as unit (B1-4) of the instant application, and therefore reads on instant formula (B1) of Claim 10.
As mentioned above, the thickness of the single-layer photosensitive layer would be 30 – 45 µm, and the resulting thickness of the undercoat layer would be 0.1 – 40 µm, reading on the ranges stated for At and Bt in Claim 27, Claim 28, Claim 34, and Claim 35. In addition, as mentioned above, the resulting range for the ratio At/Bt would be 0.75 – 450, encompassing that stated in Claim 36.
As mentioned above, Noguchi gives as an example of a dicarboxylic acid unit conforming to general formula (I) unit (I-4) ([0025]), which is the same as unit (A2-3) of Claim 30.
Conclusion
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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/GRANT STEVEN SEILER/ Examiner, Art Unit 1734
/PETER L VAJDA/ Primary Examiner, Art Unit 1737 04/02/2026
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