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 Specification has been amended ([0184]) to remedy a typographical error in reference to a table. Claims 1 – 8, 10, and 11 are cancelled. Claims 9 and 12 have been amended to narrow the scope of some monomer units, and to incorporate the features of cancelled Claim 6.
Response to Arguments
Applicant's arguments filed 2026-01-22 have been fully considered but they are not persuasive. Applicant argues, in essence, that because Kanno does not teach in particular a crystalline vinyl resin comprising monomer units which would read on instant Formulae (1), (2), and (3), or the particular content ratios by weight of monomer units reading on instant Formulae (2) and (3), that the present invention would not be obvious to one of ordinary skill in the art over at least Kanno in view of Moriyama. However, the disclosure of an embodiment in the prior art which possesses all the features of a claimed invention is not required for that prior art to make the claimed invention obvious to one of ordinary skill in the art. As detailed in the updated rejection below, Kanno does teach that the crystalline vinyl resin of the toner binder resin may contain, simultaneously, monomer units which read on each of instant Formulae (1) – (3). In addition, where Kanno does not appear to teach preferred content ratios of individual monomer units that would read on instant Formulae (2) and (3), or the ratio of their contents relative to one another, Kanno does place a limit on the combined content of such monomer units. As detailed in the updated rejection below, the range taught by Kanno for the combined content of those monomer units would allow each to possess a content in a range encompassing those claimed. Further, varying the content ratios of said monomer units in the crystalline vinyl resin in the course of routine experimentation by one of ordinary skill would have resulted in a ratio of the two monomer units relative to one another lying in the claimed range. For these reasons, the updated rejection below is not withdrawn.
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.
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 9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kanno et al (US PGP 2021/0181651) in view of Moriyama et al (US Patent 5,660,959).
Kanno teaches a toner comprising toner particles, which contain at least a binder resin comprising a first resin and a second resin (Abstract). The first resin is a crystalline vinyl resin ([0014], [0051])), and the second resin is an amorphous resin ([0015]). Kanno teaches that in a cross-sectional view of the toner particle, there is a domain-matrix structure wherein domains of the second (amorphous) resin are present in a matrix of the first (crystalline) resin ([0020]).
Kanno’s crystalline resin comprises a first monomer unit represented by a formula (1), which is (meth)acrylates having alkyl groups of C18 – C36, reading on instant formula (1) ([0040]). Kanno teaches that the content of this monomer unit in the crystalline resin is at least 30% by mass ([0041]). Kanno also teaches a second monomer unit contained in the crystalline resin, which is at least one of the monomer units represented by a formula (2) or formula (3) ([0052]). Kanno’s formula (2) allows for (meth)acrylonitrile, which covers instant formula (2), and for hydroxyalkyl (meth)acrylates, which cover instant formula (3) ([0054] – [0056]). The second monomer units preferably comprise 1 – 70% by mass of the crystalline resin ([0053]). Kanno teaches that the crystalline resin may also contain a third monomer unit, which may be styrene or a derivative thereof, or (meth)acrylic acid ([0153] – [0154]). The content of the third monomer unit in the crystalline resin is preferably 1 – 30% by mass ([0155]).
Where the second monomer units of Kanno’s crystalline vinyl resin, which may be (meth)acrylonitrile and hydroxyalkyl (meth)acrylates, may together have a content ratio in the vinyl resin of 1 – 70% by mass, each of those monomer units individually may have a content ratio in a range encompassing the stated ranges instant W2 and W3, which represent the content ratios for the instant second and third monomer units represented by instant Formulae (2) and (3), respectively.
Kanno teaches a third resin preferably contained in the binder resin, which is a hybrid of the first crystalline resin and the second amorphous resin ([0093]). Kanno describes methods of linking the two resins by adding a radical initiator to a mixture of the first and second resin having crosslinkable groups ([0094] – [0098]). The preferable content of the third resin in the binder resin is 1 – 20% by mass ([0101]).
Kanno teaches that the toner comprises externally added inorganic fine particles, which have a preferred content of 0.1 – 15 parts by mass relative to 100 parts of toner particles ([0148]). The toner particles further comprise a pigment, which may be present in an amount of 0.1 – 30 parts by mass relative to 100 parts of binder resin ([0176]). The toner particles further comprise a wax, which may be present in an amount of 2 – 30 parts by mass relative to 100 parts of binder resin ([0180]). Kanno teaches that inorganic fine particles other than the external additive may be internally added to the toner particles ([0186]), but does not appear to provide further guidance as to internally added inorganic fine particles.
Moriyama teaches a toner comprising internally added inorganic fine particles (Abstract). The internally added inorganic fine particles may be silica, alumina, or titania (col. 2, line 65 – col. 3, line 2). The inorganic particles are preferably surface-treated to be hydrophobized (col. 3, lines 8 – 10). The addition amount of the internally added particles is preferably 1 – 10% by mass relative to the toner (col. 4, lines 8 – 12). Moriyama teaches that the internally added inorganic fine particles impart a reinforcing effect and improve the viscoelastic properties of the toner without affecting the color of the toned image (col. 3, lines 48 – 52).
In preparing the toner of Kanno, one of ordinary skill in the art would have been motivated to incorporate the internally added inorganic fine particles taught by Moriyama for the purpose of improving the viscoelastic properties of the resulting 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 Kanno having the inorganic fine particles of Moriyama internally added.
Example toner particles 1 – 9, 11 – 15, and 17 – 35 disclosed in the instant application all have inorganic fine particles internally added in amounts lying in the range taught by Moriyama (Specification, Table 6-2). These examples also have inorganic fine particles externally added in amounts lying in the range taught by Kanno. These examples all possess a content ratio of the incineration ash of the THF-insoluble fraction in the toner lying in the range stated in Claim 9 (Specification, table 9-2). The toner of Kanno as modified by Moriyama, having a similarly crosslinked binder resin and similar addition amounts of internally and externally added inorganic fine particles to the examples of the instant application would necessarily possess a value for the content of the incineration ash of the THF-insoluble fraction lying in the same range. In addition, where the second monomers of Kanno may be incorporated in the crystalline vinyl resin in amounts having ranges encompassing those for instant W2 and W3, a practitioner of ordinary skill in the art would have, in the course of routine experimentation, prepared a toner possessing a value for the ratio W2/W3 lying in the range stated in Claim 9.
Kanno teaches that the toner may be used as part of a two-component developer alongside a magnetic carrier ([0190]), satisfying Claim 12.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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
02/27/2026