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 .
Election/Restrictions
Applicant’s election with traverse of invention I, corresponding to Claims 1 – 19, in the reply filed on 2025-11-21 is acknowledged.
Claim 20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention II, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply mentioned above.
Specification
The disclosure is objected to because of the following informalities: there is at least one typographical error in each of the condensed chemical formulae for quaternary ammonium salts in paragraph [0103] of the Specification. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1 – 19 are rejected under 35 U.S.C. 112(b) as failing to set forth the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1 - 19 are indefinite for claiming the invention in terms of physical properties rather than the chemical or structural features that produce said properties. Claim 1 and Claim 2 recite limitations in terms of the intensity of molybdenum and silicon elements resulting from measurement of the silica particles by X-ray fluorescence analysis. This measurement is a physical property, and not a chemical or structural feature, of the claimed invention.
Ex parte Slob, 157 USPQ 172, states, “Claims merely setting forth physical characteristics desired in an article, and not setting forth specific composition which would meet such characteristics, are invalid as vague, indefinite, and functional since they cover any conceivable combination of ingredients either presently existing or which might be discovered in the future and which would impart said desired characteristics.” Also, “it is necessary that the product be described with sufficient particularity that it can be identified so that one can determine what will and will not infringe.” Benger Labs, Ltd v. R.K. Laros Co., 135 USPQ 11, In re Bridgeford 149 USPQ 55, Locklin et al. v. Switzer Bros., Inc., 131 USPQ 294; furthermore, “Reciting the physical and chemical characteristics of the claimed product will not suffice where it is not certain that a sufficient number of characteristics have been recited that the claim reads only on the particular compound which applicant has invented.” Ex parte Siddiqui, 156 USPQ 426, Ex parte Davission et al., 133 USPQ 400, Ex parte Fox, 128 USPQ 157.
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 – 10, 14, and 16 – 19 are rejected under 35 U.S.C. 103 as being unpatentable over Inoue et al (JP 2013-156470) in view of Zenitani et al (JP 2021-151944) (machine translations of which are referred to henceforth).
Inoue teaches a toner comprising toner particles, to which fatty acid metal salt particles are externally added ([0010]). Inorganic fine particles may also be externally added to the toner particles ([0019]), and silica is given as an example of inorganic fine particles ([0020]). Inoue teaches that the silica particles are preferably hydrophobically surface-treated, and gives silane coupling agents as an example of a class of hydrophobic treatment agents ([0020]).
Inoue does not appear to offer further details surrounding specific silane coupling agents or the method of surface treatment, and does not appear to teach silica particles containing a nitrogen-containing compound also containing molybdenum.
Zenitani teaches silica particles which may be used as additives to improve the fluidity of powders ([0002]). The silica particles of Zenitani contain a quaternary ammonium salt ([0008]). Zenitani points out that silica particles tend to have high capacitance, leading to the accumulation of static electricity ([0022]), an effect which can be suppressed by the presence of the quaternary ammonium salt on the surface of the silica particles ([0024]). Zenitani teaches that TP-415 is a preferable quaternary ammonium salt for use as a surface treatment agent for the silica particles ([0041]), the same agent used in the present invention, which contains molybdenum. In addition, the molybdate anion is given as an optional counteranion contained alongside the quaternary ammonium ([0063]). Zenitani teaches that in the step of treating the silica particles with the quaternary ammonium treatment agent, the amount of quaternary ammonium salt is preferably 0.5 – 10% by mass relative to the mass of silica particles ([0087]).
The example silica particles of the present invention are prepared from 1000 parts by mas of TMOS (Specification, Table 1), which would convert to roughly 395 parts of silica particles.
1,000
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Example silica particles S1, S2, and S4 – S7 are treated with TP-415 in an amount of 1 – 50 parts, corresponding to a treatment amount of 0.25 – 12.7% by mass relative to the amount of silica particles.
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Those example silica particles also possess values for NMo/NSi lying across the range 0.035 – 0.45 (Specification, Table 1). Therefore, the silica particles of Zenitani, having a TP-415 treatment amount in a range encompassed by that for the particles of the present invention, would inherently possess a value for NMo/NSi lying in a range encompassed by that for the particles of the present invention.
In preparing the toner of Inoue, which comprises externally added fatty acid metal salt particles and externally added silica particles, one of ordinary skill in the art would have been motivated to reduce the capacitance of the silica particles and suppress the accumulation of static electricity by the silica particles by surface-treating them as taught by Zenitani. 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 Inoue having externally added silica particles which are treated as taught by Zenitani, which would thus comprise fatty acid metal salt particles and silica particles treated with a nitrogen-containing compound also containing molybdenum, which also possess a value of NMo/NSi lying in the range stated in Claim 1.
Example silica particles S2, S4, and S5 are treated with TP-415 in an amount of 4 – 30 parts, corresponding to a treatment amount of 1.0 – 7.6% by mass relative to the amount of silica particles.
4
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Those example silica particles also possess values for NMo/NSi lying across the range 0.10 – 0.30 (Specification, Table 1). Therefore, the silica particles of Zenitani, having a TP-415 treatment amount in a range encompassing that for the particles of the present invention, would inherently possess a value for NMo/NSi lying in a range encompassing that stated in Claim 2.
Inoue teaches that the fatty acid metal salt particles are preferably added in an amount of 0.10 – 0.50 parts by mass relative to 100 parts of toner particles ([0018]). Inoue further teaches that the inorganic fine particles, which may be silica particles, are preferably contained in the toner in an amount of 0.01 – 5.0% by mass ([0022]). Where the content expressed as % by mass is nearly the same as parts by mass relative to 100 parts of toner particles, the ratio of the content of silica particles to that of fatty acid metal salt particles would be roughly 0.02 – 50, overlapping the range for M2/M1 stated in Claim 3, and encompassing the range stated for M2/M1 in Claim 4.
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As mentioned above, Inoue teaches a content of silica particles in the toner of 0.01 – 5.0% by mass, which would encompass the range as parts by mass stated in Claim 5.
Inoue teaches that the inorganic particles, which may be silica particles, preferably have a primary particle size of 5 – 500 nm, encompassing the range stated in Claim 6.
Inoue teaches that the fatty acid metal salt particles preferably have a particle size of 2 – 7 µm ([0017]), reading on the ranges stated in Claim 7, Claim 8, and Claim 9.
Inoue teaches that the fatty acid metal salt is preferably zinc stearate ([0016]), the same as the particles of Claim 10.
TP-415, the nitrogen-containing compound also containing molybdenum taught by Zenitani, is a quaternary ammonium salt, satisfying Claim 14.
Inoue teaches that the toner may be used as a one-component developer, or mixed with a carrier and used as a two-component developer ([0059]), satisfying Claim 16.
Inoue teaches a developer storage container, which stores the developer described above ([0069]) and is detachably attached to a process cartridge or an image forming apparatus ([0070]), analogous to the toner cartridge of Claim 17.
Inoue describes a process cartridge ([0095] – [0096]) and an image forming apparatus ([0097] - [0124]), satisfying Claim 18 and Claim 19.
Claims 11 – 13 are rejected under 35 U.S.C. 103 as being unpatentable over Inoue et al (JP 2013-156470) in view of Zenitani et al (JP 2021-151944), further in view of Takigaura et al (US PGP 2019/0310565).
The above discussion of Inoue et al and Zenitani et al is incorporated herein.
Inoue makes mention of externally added strontium titanate particles ([0020]), and teaches that externally added inorganic fine particles may be used in combination of two or more types, but does not give further details specific to strontium titanate particles. Further, Zenitani makes no mention of strontium titanate particles.
Takigaura teaches a toner having externally added strontium titanate fine particles (Abstract). The strontium titanate particles of Takigaura include strontium titanate fine particles (A) and strontium titanate fine particles (B) ([0064]), where the fine particles (A) have a particle diameter of 10 – 100 nm ([0067]), and the fine particles (B) have a particle diameter of 300 – 2,000 nm ([0068]). Takigaura teaches that the content of strontium titanate particles in the toner is preferably 0.1 – 10.0 parts by mass relative to 100 parts of toner particles ([0090]). Takigaura teaches that external addition of strontium titanate fine particles, which are positively chargeable, helping to suppress excessive charging of the toner ([0013]).
In preparing the toner of Inoue having the externally added silica particles treated as taught by Zenitani, one of ordinary skill in the art would have been motivated to suppress excessive charging of the toner by externally adding the strontium titanate particles as taught by Takigaura. 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 Inoue having externally added silica particles which are treated as taught by Zenitani, and also having externally added strontium titanate fine particles as taught by Takigaura. Such a toner would possess strontium titanate fine particles, satisfying Claim 11. The strontium titanate fine particles would also possess an average particle diameter lying in the range stated in Claim 12.
Where Takigaura teaches a preferred content of externally added strontium titanate fine particles of 0.1 – 10.0 parts by mass relative to 100 parts of toner particles, and Inoue teaches that the fatty acid metal salt particles are preferably added in an amount of 0.10 – 0.50 parts by mass relative to 100 parts of toner particles, the ratio of the content of strontium titanate particles to that of fatty acid metal salt particles would lie in the range 0.2 – 100, overlapping the range stated for M3/M1 in Claim 13.
0.1
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Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Inoue et al (JP 2013-156470) in view of Zenitani et al (JP 2021-151944), further in view of Sakai et al (JP 2005-202132).
The above discussion of Inoue et al and Zenitani et al is incorporated herein.
Inoue teaches that externally added inorganic fine particles, which may be silica particles, are preferably treated with a fluidity improver, which may be a silane coupling agent ([0020]).
Zenitani teaches surface treatment of externally added silica particles by an organosilicon compound ([0095]), which may be a silane coupling agent such as methyltrimethoxysilane (MTMS) ([0099]).
Neither Inoue nor Zenitani appears to teach a nitrogen-containing compound also containing molybdenum which is adhered to a silane coupling agent-derived coating structure on the surface of a silica particle.
Sakai teaches a toner comprising toner particles comprising at least a binder resin, a colorant, a release agent, and an external additive ([0015]). The external additive includes large-diameter particles which are surface-treated with a charge control agent ([0015]). Sakai teaches that externally added particles surface-treated with a charge control agent stabilize charging, thereby improving the fluidity, charging properties, developability, transferability, cleaning properties, and fixing of the toner ([0020]).
The externally added particles may be inorganic particles, and silica is pointed out as an example ([0025]). Sakai describes a method of pre-treating the particles with an alkoxysilane or polysiloxane before treatment with the charge control agent, resulting in more uniform treatment of the particles with the charge control agent ([0027]). Sakai gives as examples of alkoxysilane treatment agents methyltrichlorosilane, octyltrichlorosilane, and octyltrimethoxysilane ([0030]). It is preferable to add 0.15 – 45 parts by mass of alkoxysilane surface treatment agent relative to 100 parts of inorganic particles to be treated ([0033]).
A charge control agent is then added to the particles that have been treated with the alkoxysilane agent ([0034]). Sakai points out quaternary ammonium salts as preferable charge control agents ([0035]). The charge control agent is preferably added in an amount of 3 – 30 parts by mass relative to 100 parts of particles to be treated, which ensures a resultant content of 0.1 – 10% by mass of the charge control agent in the treated particles ([0038]). Sakai describes a heating and drying step in which the treated particles are heated at 40 - 150°C, resulting in conversion of the alkoxysilane treatment agent into an organosilane reaction product ([0039]). The method of surface treatment of the silica particles described by Sakai is substantially the same as that described in the instant application (Specification, [0168] – [0178]), which results in a nitrogen-containing compound also containing molybdenum being adhered to a silane-derived coating structure on the surface of the silica particles.
In preparing the toner of Inoue having the externally added silica particles treated as taught by Zenitani, one of ordinary skill in the art would have been motivated to improve the uniformity of treatment of the silica particles by using the method taught by Sakai, thereby improving the charging properties, fluidity, developability, transferability, cleaning properties, and fixing of the toner. 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 Inoue, having externally added silica particles surface-treated with the silane coupling agent and nitrogen-containing compound also containing molybdenum taught by Zenitani, wherein the silica particles are surface-treated by the method taught by Sakai. Such a toner would contain externally added silica particles having a nitrogen-containing compound also containing molybdenum adhered to a silane-derived coating structure on the surface of the silica particles, satisfying Claim 15.
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 01/20/2026