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, representing Claims 1 – 19, drawn to a toner, developer, and image forming apparatus, in the reply filed on 2025-11-25 is acknowledged.
Claim 20 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Invention II, an image forming method, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 2025-11-25.
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 [0178] 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. All other instant claims are dependent, either directly or indirectly, on Claim 1.
In addition, Claim 15 recites limitations in terms of the loss tangent measured under various conditions. These measurements are also physical properties, and not chemical or structural features.
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 – 9, 13, and 15 - 19 are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al (US PGP 2016/0342101) in view of Inoue et al (JP 2013-156470), further in view of Zenitani et al (JP 2021-151944) (machine translations of Inoue et al and Zenitani et al are referred to henceforth).
Sato teaches a toner comprising toner particles, which comprise a binder resin (Abstract). The binder resin may comprise a combination of amorphous and crystalline polyester resins ([0027] – [0028]). The binder resin may further comprise a styrene-(meth)acrylic resin ([0061]) as a minor component ([0077]). As described by Sato, the styrene-(meth)acrylic resin particles as incorporated into the toner particles are analogous to the resin particles described in the instant application.
Sato makes mention of including fatty acid metal salt particles, such as zinc stearate, as an external additive ([0120]), but does not offer further details. Sato also makes mention of including silica particles as an external additive ([0130]), but does not offer further details.
Inoue teaches a toner comprising toner particles, to which fatty acid metal salt particles are externally added ([0010]). Inoue states a preference for zinc stearate, which can impart a lubricant film to the surface of a photoreceptor ([0016]), helping to suppress filming ([0014], [0017], [0018]). Inorganic fine particles may also be externally added to the toner particles ([0019]), which alongside the fatty acid metal salt particles, allows for improved cleaning performance while maintaining charge stability. Silica is given as a preferred 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 4), which would convert to roughly 395 parts of silica particles.
1,000
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60
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152
g
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=
394.7
p
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S
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2
Example silica particles A1, A2, and A4 – A8 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.
1
p
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395
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415
395
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Those example silica particles also possess values for NMo/NSi lying across the range 0.035 – 0.45 (Specification, Table 4). 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 Sato, one of ordinary skill in the art would have been motivated to improve the cleaning performance and charge stability of the toner by incorporating the externally added fatty acid metal salt particles and silica particles taught by Inoue. In addition, 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 Sato, incorporating the externally added fatty acid metal salt particles and silica particles of Inoue, wherein the silica particles are surface-treated as taught by Zenitani. Such a toner would comprise toner particles comprising a binder resin comprising resin particles; externally added fatty acid metal salt particles; and externally added silica particles containing a nitrogen-containing compound also containing molybdenum, and possessing a value of NMo/NSi as measured by X-ray fluorescence lying in the range stated in Claim 1.
Example silica particles A2, A4, and A5 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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395
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30
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395
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=
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Those example silica particles also possess values for NMo/NSi lying across the range 0.10 – 0.30 (Specification, Table 4). 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.
The styrene-(meth)acrylate resin particle dispersion (2-1) of the instant application is prepared from 101.65 parts by mass of polymerizable monomers in a total of 160 parts of water, or roughly 63 parts of monomers relative to 100 parts of aqueous medium (Specification, [0387]). These particles have an average particle size of 153 nm (Specification, Table 2). The styrene-(meth)acrylic resin particle dispersion of Sato is prepared from 385.6 parts by mass of polymerizable monomers in a total of 850 parts of water, or roughly 45 parts of monomers relative to 100 parts of aqueous medium ([0252] – [0257]). At this lower solids concentration, the styrene-(meth)acrylic resin particles of Sato would have an average particle size of roughly 109 nm.
45
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63
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100
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153
n
m
=
109
n
m
Inoue teaches a preferred particle size of the externally added fine particles, which may be silica particles, of 5 – 500 nm ([0022]). By the above estimation, the resulting ratio Dp/Da for the toner of Sato externally added with the toner particles of Inoue would lie in the range 0.218 – 21.8, encompassing the range stated in Claim 3.
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In addition, for Inoue’s silica particles having the largest possible diameter of 500 nm, for the ratio Dp/Da to be as large as 15, the styrene-(meth)acrylate particles of Sato would need to have an average size of 7,500 nm, an implausibly large value (roughly the size of an entire toner particle).
500
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=
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Therefore, the toner of Sato externally added with the silica particles of Inoue would necessarily possess a value for Dp/Da reading on the range stated in Claim 3.
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 4, Claim 5, and Claim 6.
As mentioned above, both Sato and Inoue teach a preference for zinc stearate as the externally added fatty acid metal salt, satisfying Claim 7.
Sato teaches a styrene-(meth)acrylic resin ([0061]), a type of vinyl resin, which may be a crosslinked resin ([0068]), satisfying Claim 8 and Claim 9.
Inoue teaches a preferred coverage of the toner by the silica particles of 50 – 95% ([0021], [0022]), overlapping the range stated in Claim 13.
As described in the instant application, the viscoelastic properties of the toner may be controlled by the resin particles (that is, crosslinked styrene-(meth)acrylic resin) contained in the toner particles (Specification, [0309]). Sato teaches that the crystalline polyester resin may make up 2 – 40% by mass of the binder resin of the toner particles ([0028]). This range is encompassed by a range of values reported for the preparative examples of the instant application (Specification, Tables 3-1, 3-2, 3-3, and 3-4). Specifically, example toner particles (14) have 0% by mass crystalline resin content in the binder resin, and example toner particles (12) have 49% by mass crystalline resin content.
Sato also teaches that the crosslinked styrene-(meth)acrylic resin is preferably present in the toner particles in an amount of 10 – 30% by mass ([0077]). This range is also encompassed by a range of values reported for the preparative examples of the instant application. Specifically, example toner particles (24) have 1% by mass resin particles content in the toner particles, and example toner particles (25) have 31% by mass resin particles content in the toner particles, and example toner particles.
Instant example toners 10 and 48 – 78 (Specification, Tables 7-1, 7-2, 7-3, and 7-4), each of which comprises one of the toner particles (1) – (32) (discussed above), possess values for D1(90), D50(90), D1(150), and D50(150) in the range 0.5 – 2.5. Each of those examples also possesses a value for the difference (150) below 1.5, and a value for the difference (90) below 1.0.
The toner of Sato comprising the externally added fatty acid metal salt particles and silica particles of Inoue, wherein the silica particles are surface-treated as taught by Zenitani, having toner particles possessing amounts of amorphous polyester, crystalline polyester, and crosslinked styrene-(meth)acrylic resins in the same ranges as the instant example toner particles mentioned above, would inherently possess similar values for the various loss tangent measurements to those possessed by the instant example toners mentioned above. Therefore, the toner of Sato comprising the externally added fatty acid metal salt particles and silica particles of Inoue, wherein the silica particles are surface-treated as taught by Zenitani, would inherently possess values for D1(90), D50(90), D1(150), D50(150), D50(150) – D1(150), and D50(90) – D1(90) lying in the ranges stated in Claim 15.
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 10 – 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Sato et al (US PGP 2016/0342101) in view of Inoue et al (JP 2013-156470), further in view of Zenitani et al (JP 2021-151944), further in view of Takigaura et al (US PGP 2019/0310565).
The above discussion of Sato et al, Inoue et al, and Zenitani et al are 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. 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]). Neither Sato nor Zenitani teaches 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 Sato comprising the externally added fatty acid metal salt particles and silica particles of Inoue, wherein the silica particles are surface-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 Sato comprising the externally added fatty acid metal salt particles and silica particles of Inoue, wherein the silica particles are surface-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.
Takigaura teaches that inorganic fine particles other than strontium titanate may be included as an external additive ([0086]), and gives silica particles as an example ([0087]). The inorganic particles, which may be silica particles, may be hydrophobized by surface treatment with, for example, silicone oil ([0087]). Where the silica particles of Inoue treated as taught by Zenitani are analogous to silica particles (A) of the instant application, the silica particles taught by Takigaura are analogous to silica particles (B) of the instant application, satisfying Claim 10.
Takigaura teaches that the inorganic fine particles other than strontium titanate, which may be silica particles, analogous to silica particles (B) of the instant application, preferably have a number-average particle diameter of 70 – 300 nm ([0087]), encompassing the size range stated in Claim 14. The total content of strontium titanate particles and other external additives (that is, silica particles analogous to silica particles (B) of the instant application) is 0.1 – 10 parts by mass relative to 100 parts of toner particles ([0090]). This would allow the addition amount of Takigaura’s other silica particles to have a similar addition amount to the silica particles of Inoue treated as taught by Zenitani. Where both types of silica particles are hydrophobically treated, and are being added to the same toner base particle in similar amounts, they would possess roughly similar surface coverage ratios of the toner particles.
Therefore, the toner of Sato comprising the externally added fatty acid metal salt particles and silica particles of Inoue, wherein the silica particles are surface-treated as taught by Zenitani, and also having externally added strontium titanate fine particles and other silica particles as taught by Takigaura, would possess a value for C1/C2 of roughly 1.0, lying in the range stated in Claim 14. In addition, if, for example, the silica particles of Inoue, surface-treated as taught by Zenitani, analogous to the silica particles (A) of the instant application, had a value for C1 of 50%, then the other silica particles of Takigaura, analogous to the silica particles (B) of the instant application, could possess a value for C2 ranging as low as 33% and having no upper bound, and still satisfy the range stated in Claim 14.
50
%
(
C
1
)
1.5
=
C
2
=
33
%
50
%
(
C
1
)
0.2
=
C
2
>
100
%
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Johnson can be reached at 571-272-1177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GRANT STEVEN SEILER/ Examiner, Art Unit 1734
/PETER L VAJDA/ Primary Examiner, Art Unit 1737 01/22/2026