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 filed 2025-11-21 have been fully considered but they are not persuasive.
Applicant asserts that Kawakami fails to teach treatment of silica particles with both an alkylsilane and a branched aliphatic hydrocarbon, which is allegedly required by Claim 1 of the instant application. However, such a combination of features is not recited by Claim 1. As noted in Applicant’s remarks, Claim 1 recites a toner comprising silica particles treated with an alkylsilane; a branched aliphatic hydrocarbon; and toner particles. Notably, no part of Claim 1 indicates that the aliphatic hydrocarbon is a surface treatment for any particles, let alone used as a surface treatment in combination with an alkyl silane for silica particles. Only Claim 9 recites any limitation of the aliphatic hydrocarbon as being part of the silica particles in any way.
Applicant also argues that Kawakami fails to teach or suggest using both an alkylsilane and an aliphatic hydrocarbon to surface-treat the same silica particles. However, as noted in the updated rejection below, Kawakami states: “In addition to the fact that the inorganic particles include the specific saturated hydrocarbons on the surfaces thereof, the surfaces of the inorganic particles may be treated with a silane coupling agent described below” ([0026]).
Even if, arguendo, the features recited by Claim 1 were required to give rise to the effect of low background fogging under highly variable temperature and humidity conditions, as asserted by Applicant, this result would not be unexpected in view of Kawakami’s disclosure. As discussed in the prior rejection and in the updated rejection below, Kawakami points out defects such as fogging, and aims the invention at suppressing such defects by suppressing charge leakage ([0011], [0214]).
For these reasons, the rejection of Claims 1 – 20 under 35 U.S.C. §103 is not withdrawn.
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 – 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kawakami et al (US PGP 2013/0252157).
Kawakami teaches a toner comprising toner particles and an external additive surface-treated with saturated hydrocarbons of 9 – 35 carbons ([0009]), overlapping the range stated in Claim 1. The inorganic particles are preferably silica ([0024]). The saturated hydrocarbons may be branched ([0017]). Kawakami teaches an “other external additive” ([0037]), which may also be silica particles ([0039]). The other external additive is preferably hydrophobically treated ([0040]), and examples of hydrophobizing agents, including methyltrimethoxysilane and dimethyldimethoxysilane, are given ([0043]). The toner of Kawakami thus comprises toner particles, silica particles treated with an alkylsilane, and a branched aliphatic hydrocarbon with a carbon number reading on the range of Claim 1.
Methyltrimethoxysilane and dimethyldimethoxysilane, mentioned above, read on Formula (1) and Formula (2), respectively, of Claim 2. They also satisfy Claim 3, having all methyl groups.
Kawakami gives dodecane as an example of a saturated hydrocarbon, which may be linear or branched ([0020]). A branched isomer of dodecane may be 2,2-dimethyldecane, which bears a quaternary carbon, satisfying Claim 4. The quaternary carbon of 2,2-dimethyldecane bears at least two methyl groups, reading on Formula (4) of Claim 5.
The saturated hydrocarbon of Kawakami, having a carbon number of 9 – 35, overlaps the range stated in Claim 6.
Kawakami teaches that surface-treatment of inorganic particles (which are preferably silica particles) with the hydrocarbons discussed above helps to prevent absorption of moisture in a high-temperature and high-humidity environment; helps to prevent electric charge leakage; and reduces the coefficient of friction of the toner particles ([0011]). Kawakami also teaches that surface-treatment of the “other external additive” particles (which may be silica particles) with a hydrophobizing agent (which is preferably one of the alkylsilanes discussed above) improves the liquidity of the toner (similar to lowering the coefficient of friction); and improves dependency of electric charging on the environment (similar to preventing electric charge leakage due to moisture absorption in a high-temperature and high-humidity environment) ([0040]). In addition, Kawakami teaches that silica particles may be surface-treated with both a saturated hydrocarbon and a silane coupling agent (analogous to instant alkylsilane agent) ([0026]). Where Kawakami teaches that surface-treatment of inorganic particles with the hydrocarbons discussed above imparts substantially the same benefits as surface-treatment with the alkylsilanes discussed above, it would have been obvious to one of ordinary skill in the art to prepare a toner having externally added silica particles treated with both a branched hydrocarbon and an alkylsilane discussed above, satisfying Claim 9.
In seeking to improve moisture resistance in a high-humidity and high-temperature environment, reduce electric charge leakage, and improve the fluidity of the toner bearing the surface-treated silica particles discussed above, it would have been obvious to one of ordinary skill in the art to optimize the treatment amount of the branched hydrocarbon relative to the amount of silica particles, achieving an amount lying in the range stated in Claim 7.
In seeking to improve moisture resistance in a high-humidity and high-temperature environment, reduce electric charge leakage, and improve the fluidity of the toner bearing the surface-treated silica particles discussed above, it would have been obvious to one of ordinary skill in the art to optimize the relative treatment amounts of the branched hydrocarbon and the alkylsilane used to treat the silica particles, achieving a ratio lying in the range stated in Claim 8.
Kawakami teaches a developer comprising at least the toner described above ([0119]). The developer may be a one-component or two-component developer ([0119]). Such a developer, comprising a toner which satisfies Claims 1 – 8, would thus satisfy Claims 10 – 17, respectively.
Kawakami teaches a toner cartridge ([0150]), which includes at least a toner containing chamber accommodating the toner as described above ([0153]). The toner cartridge of Kawakami is also detachable from an image forming apparatus ([0153]), satisfying Claim 18.
Kawakami teaches a process cartridge which includes at least a developing unit that uses the developer as described above to form a toner image on the surface of an image holding member ([0152]). The process cartridge of Kawakami is also detachable from an image forming apparatus ([0156]), satisfying Claim 19.
Kawakami teaches an image forming apparatus, which includes at least: an image holding member; a charging unit; a latent image forming unit; a developing unit which uses the developer as described above to form a toner image; a transfer unit; and a fixing unit ([0144]), satisfying Claim 20.
Conclusion
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.
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 01/15/2026
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