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 1-11, 13, and 16 remain pending. Claim 1 is amended. Claims 12 and 14-15 have been cancelled.
Response to Arguments
Applicant’s arguments, see page 7, filed 12/16/2025, with respect to claims 12 and 14-15 have been fully considered and are persuasive. The rejection of claims 12 and 14-15 has been withdrawn.
The claims have been cancelled, rejection is moot.
Applicant's arguments filed 12/16/2025 have been fully considered but they are not persuasive.
Applicant argues Example 1 of Tanaka in view of Seshita, which is produced using identical materials and a nearly identical method to that of Example 1 in the Instant Application, no longer applies, because Claim 1 has been amended to adjust the range of the liberation ratio A of silica to 0.5-0.92. Example 1 of Tanaka in view of Seshita matches Example 1 of the Instant Application, which possess a liberation ratio A of 0.95. However, Applicant does not address the Examples 2-6 of Tanaka, which possess the same resin compositions in the same composition ratios as Examples 2-6 of the Instant Application, possessing liberation ratios in the range of 0.75-0.92, as denoted in the previous Office Action, 9/24/2025 page 7.
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 1-11,13, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka (US 20180224763) in view of Seshita (US 20070218383).
Regarding claims 1-2, 5, and 7-11, Tanaka discloses a toner comprising external additives containing silica on the surface of the toner, as well as a release agent, and a colorant ([0136], [0153]-[0155]). Tanaka further discloses the toner includes a tetrahydrofuran (THF) insoluble component having two glass transition temperatures during the first temperature rising of DSC, Tga1st and Tgb1st. Tga1st is between -45 to 5°C and Tgb1st between 45-70°C (abstract, [0009], [0020]). Tanaka does not disclose the liberation ratio A of silica from the toner, or the toner base including a modified layered inorganic material in an amount of 0.1-1.4 parts by mass relative to 100 parts by mass of the toner.
However, regarding the liberation ratio, A, of the silica, Tanaka discloses the toner is produced using polyesters A, B, and C ([0020]-[0025]). Tanaka further discloses producing the prepolymer A-1 by mixing 3-methyl-1,5-pentanediol, isophthalic acid, adipic acid, and trimellitic anhydride, with a OH/COOH molar ratio of 1.5, the diol component comprised 100 mol% of 3-methoyl-1,5-pentanediol, the dicarboxylic acid component comprised of 40 mol% isophthalic acid and 60 mol% adipic acid, and 1 mol% trimellitic anhydride. The monomers are mixed with titanium tetraisopropoxide, in an amount of 1000 ppm with respect to the monomers ([0278]). The mixture is heated to 200°C for 4 hours, then heated to 230°C and for 2 more hours, followed by reacting until outflow water has disappeared then for a further 5 hours under reduced pressure of 10-15 mmHg ([0279]-[0280]). The intermediate product is then mixed with isophorone diisocyanate in a molar ratio of isocyanate groups/hydroxyl groups of 2.0, and diluted with ethyl acetate to 50%, and then reacted at 100°C for 5 hours ([0281]-[0282]). This is identical to the method of producing prepolymer A-1 in the Instant Application (Instant Specification page 107-109). Furthermore, the production of prepolymers A-2 and A-3 in Tanaka ([0283]-[0290]) is identical to that of the prepolymer A-2 and A-3 in the Instant Application (page 109-112).
Similar to the production of prepolymer A-1, the production of prepolymer B-1 in Tanaka is identical to that of the Instant Application. Tanaka discloses bisphenol A ethylene oxide 2 mol adduct(BPA EO), bisphenol A propylene oxide 2 mol adduct (BPA PO), terephthalic acid, and adipic acid are mixed and reacted, such that OH/COOH are in a molar ratio of 1.1, with the diol comprising BPA EO 80 mol% and BPA PO 20 mol%, and the dicarboxylic acid components in amounts of 60 mol% terephthalic acid and 40 mol% adipic acid. Titanium tetraisopropoxide is also added in an amount of 1000 ppm with respect to the monomer. The mixture is heated to 200°C for 4 hours, then to 230°C for 2 hours and reacted until outflow water disappeared then reacting an additional 5 hours under a reduced pressure of 10-15 mmHg ([0299]). The intermediate polyester is then mixed with isophorone diisocyanate in a molar ratio of isocyanate groups/hydroxyl groups of 2.0, diluted to 50% with ethyl acetate and reacted at 100°C for 5 hours ([0300]). This is Identical to the method of producing prepolymer B-1 in the Instant Application (Instant Specification page 114-116).
Tanaka further discloses the production of polyester C-1 by mixing BPA EO, BPA PO, terephthalic acid, adipic acid and trimethylol propane, with the molar ratio of the diols BPA EO/BPA PO of 85/15, the ratio of terephthalic acid/adipic acid of 75/25, the amount of trimethylol propane 1 mol%, and the molar ratio of OH/COOH of 1.2. the monomers are reacted at 230°C for 8 hours with titanium tetraisopropoxide in an amount of 500ppm with respect to the monomers, followed by reaction at reduced pressure of 10-15 mmHg for 4 hours then trimellitic anhydride is added in an amount of 1 mol$ with respect to the total resin component and reacted at 180 for 3 hours ([0305]). This is identical to the production of polyester resin C-1 in the Instant Application (Instant Specification page 118-119). Furthermore, the production of polyester resins C-2 and C-3 in Tanaka ([0306]-[0307]) are identical to the production of polyester resins C-2 and C-3 in the Instant Application (page 119-121).
Tanaka further discloses preparation of a master batch, wax dispersion liquid, Ketimine compound, organic fine particle emulsion, and water phase ([0312]-[0314], [0316]-[0318]), which is identical to that of the Instant Application (Instant Specification page 124-127). Tanaka further discloses production of the oil phase mixing 500 parts Wax dispersion, 76 parts prepolymer A-1, 152 parts Prepolymer B-1, 836 parts Polyester C-1, 100 parts Masterbatch, and 2 parts Ketimine compound, mixing in a TK Homomixer at 5000 RPM for 60 minutes ([0315]). The method is the same as that of the Instant Application, except the 1.2 parts modified layered inorganic material is not added (page 125-126). Tanaka further discloses the emulsification step, adding 1200 pats of water phase to the oil phase, mixing by a TK Homomixer at 13000 rpm for 20 minutes, and removing the solvent at 30°C for 8 hours, and maturing at 45°C for 4 hours ([0319]). This process is identical to that of the Instant Application (Instant Specification page 127). The slurry is then washed, filtered, and dried before 0.6 parts of hydrophobic silica, 1000nm, and 1 part titanium oxide, 20nm, and 0.8 parts hydrophobic silica fine powder, 15 nm, are added to 100 parts of the dried toner particles, then mixed by a Henschel mixer to obtain the toner ([0320]-[0326]). This is identical to the washing, filtering, and drying, as well as the external addition treatment of the Instant Application (Instant Specification page 127-129). Furthermore, Tanaka discloses Examples 2-6 with Toner base particles 2-6, produced by adjusting the prepolymer A and polyester resin C used, and the ratio of the prepolymers A and B and polyester resin C used to produce the toner base particles ([0329]-[0333], Table 1 page 24). Similar to Example 1, Examples 2-6 are the same as Examples 2-6 of the Instant Application, except for the modified layered inorganic material (Instant Application page 130-131)
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date that the material properties of the Polyester resins A-1 through A-3, B-1, and C-1 through C-3, including their glass transition temperatures (Tga1st, Tga2nd, Tgb1st, and Tgb2nd), would inherently match those of the resins of the Instant Application due to the identical materials and process used to produce them.
Furthermore, due to the identical process and nearly identical materials, excluding the 1.2 parts layered inorganic material, approximately 0.1% by mass, one of skill in the art would expect the toner of Tanaka Example 1-6 to inherently possess a liberation ratio, A, of the silica to be 0.75-0.95%, matching Example 1-6 of the Instant Application as shown by Table 2-2 (Instant Specification page 139).
Seshita teaches a toner including a modified layered inorganic material, added in an amount of 0.05-10 % by weight to control the Casson yield of the toner composition liquid during production ([0126]-[0127]). Seshita further teaches the controlling the Cassion yield with a modified layered inorganic material allows formation of toner particles having the proper shape, and improved fixability ([0127]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to ensure the toner of Tanaka included a modified layered inorganic material in an amount of 0.05-10 % by weight of the toner, as taught by Seshita, to ensure the toner is formed with a proper shape and improved fixability.
Regarding claim 3, modified Tanaka discloses all limitations as set forth above. Tanaka further discloses the THF insoluble component has a glass transition temperature during the second temperature rising of DSC which is 0-50°C ([0022]).
Regarding claim 4, modified Tanaka discloses all limitations as set forth above. Tanaka further discloses the toner has a glass transition temperature during the first temperature rising of DSC, Tg1st, and a glass transition temperature during the second temperature rising of DSC, Tg2nd, and the value Tg1st-Tg2nd is greater than or equal to 10°C ([0029]).
Regarding claim 6, modified Tanaka discloses all limitations as set forth above. Tanaka further discloses the mass ratio of the polyester resin components (a, b, and c) is preferably 4(a+b)<c (0184]).
Regarding claim 13, modified Tanaka discloses all limitations as set forth above. Tanaka further discloses a developer comprising the toner of the invention ([0213]), as well as a developer container containing the developer ([0223]).
Regarding claim 16, modified Tanaka discloses all limitations as set forth above. Tanaka further discloses an image forming method including an electrostatic latent image forming step forming a latent image on the image bearer, and a developing step developing the latent image into a toner image ([0227], [0231], [0242]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Magome (US 20010028988) teaches a toner comprising an inorganic fine powder, preferably silica, with a liberation ratio of 0.1-3% ([0236]-[0237]). Magome further teaches the liberation ratio below 3% results in improved fixing performance ([0237]).
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.
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/C.C.S./Examiner, Art Unit 1737
/MARK F. HUFF/Supervisory Patent Examiner, Art Unit 1737