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 .
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
Currently the abstract is 172 words long, and should be reduced to 50-150 words.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-3 and 6-8 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 5-8 of copending Application No. 18/071,516 in view of Hiroyuki (JP H02207258).
Regarding claims 1-3 and 7, the ‘516 application claims an electrophotographic photoreceptor comprising: a conductive substrate and a lamination type photosensitive layer disposed on the conductive substrate and including a charge generation layer and a charge transport layer, wherein the charge transport layer contains a charge transport material and a polyester resin, and a mass proportion of a chemical substance (AA) represented by Formula (AA) in a total mass of the charge transport layer is 2,000 ppm or less,
PNG
media_image1.png
96
302
media_image1.png
Greyscale
in Formula (AA), X represents an organic group, and mAA represents an integer. (claim 1);
The electrophotographic photoreceptor according to claim 1,
wherein the polyester resin is a polyester resin (1) having a dicarboxylic acid unit (A) represented by Formula (A) and a diol unit (B) represented by Formula (B),
PNG
media_image2.png
138
402
media_image2.png
Greyscale
in Formula (A), X represents an organic group,
in Formula (B), ArB1 and ArB2 each independently represent an aromatic ring that may have a substituent, LB represents a single bond, an oxygen atom, a sulfur atom, or —C(Rb1)(Rb2)—, and nB1 represents 0, 1, or 2, and Rb1 and Rb2 each independently represent a hydrogen atom, an alkyl group having 1 or more and 20 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an aralkyl group having 7 or more and 20 or less carbon atoms, and Rb1 and Rb2 may be bonded to each other to form a cyclic alkyl group. (claim 5);
The electrophotographic photoreceptor according to claim 5,
wherein the dicarboxylic acid unit (A) is a dicarboxylic acid unit (A′) represented by Formula (A′),
PNG
media_image3.png
70
376
media_image3.png
Greyscale
in Formula (A′), ArA1 and ArA2 each independently represent an aromatic ring that may have a substituent, LA represents a single bond or a divalent linking group, and nA1 represents 0, 1, or 2. (claim 6)
The ‘516 application does not claim a compound that has a molecular weight of 255 or greater, a phenol skeleton in which a primary carbon atom or secondary carbon atom is bonded to one ortho position and a tertiary carbon atom or quaternary carbon atom is bonded to the other ortho position, and has no linear alkylene structure having 4 or more carbon atoms.
Hiroyuki teaches a photoreceptor comprising an antioxidant in the photosensitive layer, specifically a hindered phenol structure, to improve exposure sensitivity control for ultra sharp images (page 5-6). Hiroyuki further teaches the hindered phenol is selected from a group including 2,2’-methylenebis(6-t-butyl-4-methylphenol) (page 11-12) which comprises a molecular weight of 392.57, and is the same as compound C1-1 of the Instant Application (Instant Specification page 48). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to use the electrophotographic photoreceptor of the ‘516 application, with the 2,2’-methylenebis(6-t-butyl-4-methylphenol) antioxidant, as taught by Hiroyuki, to improve sharpness of produced images.
Regarding claim 6, the ‘516 application claims The electrophotographic photoreceptor according to claim 5,
wherein the dicarboxylic acid unit (A) includes at least one selected from the group consisting of a dicarboxylic acid unit (A1) represented by Formula (A1), a dicarboxylic acid unit (A2) represented by Formula (A2), a dicarboxylic acid unit (A3) represented by Formula (A3), and a dicarboxylic acid unit (A4) represented Formula (A4),
PNG
media_image4.png
474
360
media_image4.png
Greyscale
in Formula (A1), n101 represents an integer of 0 or greater and 4 or less, and n101 number of Ra101's each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms,
in Formula (A2) , n201 and n202 each independently represent an integer of 0 or greater and 4 or less, and n201 number of Ra201's and n202 number of Ra202's each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms,
in Formula (A3), n301 and n302 each independently represent an integer of 0 or greater and 4 or less, and n301 number of Ra301's and n302 number of Ra302's each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms,
in Formula (A4), n401 represents an integer of 0 or greater and 6 or less, and n401 number of Ra401's each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms. (claim 7)
Regarding claim 8, the ‘516 application claims: The electrophotographic photoreceptor according to claim 5,
wherein the diol unit (B) includes at least one selected from the group consisting of a diol unit (B1) represented by Formula (B1), a diol unit (B2) represented by Formula (B2), a diol unit (B3) represented by Formula (B3), a diol unit (B4) represented by Formula (B4), a diol unit (B5) represented by Formula (B5), a diol unit (B6) represented by Formula (B6), a diol unit (B7) represented by Formula (B7), and a diol unit (B8) represented by Formula (B8),
PNG
media_image5.png
470
378
media_image5.png
Greyscale
PNG
media_image6.png
434
350
media_image6.png
Greyscale
in Formula (B1), Rb101 represents a branched alkyl group having 4 or more and 20 or less carbon atoms, Rb201 represents a hydrogen atom or an alkyl group having 1 or more and 3 or less carbon atoms, and Rb401, Rb501, Rb801, and Rb901 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B2), Rb102 represents a linear alkyl group having 4 or more and 20 or less carbon atoms, Rb202 represents a hydrogen atom or an alkyl group having 1 or more and 3 or less carbon atoms, and Rb402, Rb502, Rb802, and Rb902 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B3), Rb113 and Rb213 each independently represent a hydrogen atom, a linear alkyl group having 1 or more and 3 or less carbon atoms, an alkoxy group having 1 or more and 4 or less carbon atoms, or a halogen atom, d represents an integer of 7 or greater and 15 or less, and Rb403, Rb503, Rb803, and Rb903 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B4), Rb104 and Rb204 each independently represent a hydrogen atom, an alkyl group having 1 or more and 3 or less carbon atoms, and Rb404, Rb504, Rb804, and Rb904 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B5), Ar105 represents an aryl group having 6 or more and 12 or less carbon atoms or an aralkyl group having 7 or more and 20 or less carbon atoms, Rb205 represents a hydrogen atom or an alkyl group having 1 or more and 3 or less carbon atoms, and Rb405, Rb505, Rb805, and Rb905 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B6), Rb116 and Rb216 each independently represent a hydrogen atom, a linear alkyl group having 1 or more and 3 or less carbon atoms, an alkoxy group having 1 or more and 4 or less carbon atoms, or a halogen atom, e represents an integer of 4 or greater and 6 or less, and Rb406, Rb506, Rb806, and Rb906 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B7) , Rb407, Rb507, Rb807, and Rb907 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B8) , Rb408, Rb508, Rb808, and Rb908 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom.
This is a provisional nonstatutory double patenting rejection.
Claims 1-3 and 6-8 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 9, 11, and 14-15 of copending Application No. 18/171,367 in view of Hiroyuki (JP H02207258).
Regarding claims 1-3 and 7, the ‘367 application claims: An electrophotographic photoreceptor comprising:
a conductive substrate; and
a lamination type photosensitive layer disposed on the conductive substrate and including a charge generation layer and a charge transport layer,
wherein the charge transport layer contains a charge transport material, at least one of a polyester resin that has a constitutional unit having an aromatic ring or a polycarbonate resin that has a constitutional unit having an aromatic ring, and a compound (1) represented by Formula (1) and having a melting point of 40° C. or higher,
PNG
media_image7.png
66
240
media_image7.png
Greyscale
in Formula (1), Ar represents an aromatic ring that may have a substituent, L represents a single bond, an oxygen atom, or a sulfur atom, R represents an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 20 or less carbon atoms, or an aralkyl group having 7 or more and 20 or less carbon atoms, and n represents an integer of 1 or greater. (claim 1)
The electrophotographic photoreceptor according to claim 1,
wherein the polyester resin that has a constitutional unit having an aromatic ring includes a polyester resin (1) having a dicarboxylic acid unit (A) represented by Formula (A) and a diol unit (B) represented by Formula (B),
PNG
media_image8.png
144
408
media_image8.png
Greyscale
in Formula (A), ArA1 and ArA2 each independently represent an aromatic ring that may have a substituent, LA represents a single bond or a divalent linking group, and nA1 represents 0, 1, or 2,
in Formula (B), ArB1 and ArB2 each independently represent an aromatic ring that may have a substituent, LB represents a single bond, an oxygen atom, a sulfur atom, or —C(Rb1)(Rb2)—, and nB1 represents 0, 1, or 2, where Rb1 and Rb2 each independently represent a hydrogen atom, an alkyl group having 1 or more and 20 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an aralkyl group having 7 or more and 20 or less carbon atoms, and Rb1 and Rb2 may be bonded to each other to form a cyclic alkyl group. (claim 9)
The ‘367 application does not claim a compound that has a molecular weight of 255 or greater, a phenol skeleton in which a primary carbon atom or secondary carbon atom is bonded to one ortho position and a tertiary carbon atom or quaternary carbon atom is bonded to the other ortho position, and has no linear alkylene structure having 4 or more carbon atoms.
Hiroyuki teaches a photoreceptor comprising an antioxidant in the photosensitive layer, specifically a hindered phenol structure, to improve exposure sensitivity control for ultra sharp images (page 5-6). Hiroyuki further teaches the hindered phenol is selected from a group including 2,2’-methylenebis(6-t-butyl-4-methylphenol) (page 11-12) which comprises a molecular weight of 392.57, and is the same as compound C1-1 of the Instant Application (Instant Specification page 48). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to use the electrophotographic photoreceptor of the ‘367 application, with the 2,2’-methylenebis(6-t-butyl-4-methylphenol) antioxidant, as taught by Hiroyuki, to improve sharpness of produced images.
Alternately for claims 1-3, the ‘367 application claims An electrophotographic photoreceptor comprising:
a conductive substrate; and
a single layer type photosensitive layer disposed on the conductive substrate,
wherein the single layer type photosensitive layer contains a charge transport material, at least one of a polyester resin that has a constitutional unit having an aromatic ring or a polycarbonate resin that has a constitutional unit having an aromatic ring, and a compound (1) represented by Formula (1) and having a melting point of 40° C. or higher,
PNG
media_image7.png
66
240
media_image7.png
Greyscale
in Formula (1), Ar represents an aromatic ring that may have a substituent, L represents a single bond, an oxygen atom, or a sulfur atom, R represents an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 20 or less carbon atoms, or an aralkyl group having 7 or more and 20 or less carbon atoms, and n represents an integer of 1 or greater. (claim 3).
The electrophotographic photoreceptor according to claim 3,
wherein the polyester resin that has a constitutional unit having an aromatic ring includes a polyester resin (1) having a dicarboxylic acid unit (A) represented by Formula (A) and a diol unit (B) represented by Formula (B),
PNG
media_image8.png
144
408
media_image8.png
Greyscale
in Formula (A), ArA1 and ArA2 each independently represent an aromatic ring that may have a substituent, LA represents a single bond or a divalent linking group, and nA1 represents 0, 1, or 2,
in Formula (B), ArB1 and ArB2 each independently represent an aromatic ring that may have a substituent, LB represents a single bond, an oxygen atom, a sulfur atom, or —C(Rb1)(Rb2)—, and nB1 represents 0, 1, or 2, where Rb1 and Rb2 each independently represent a hydrogen atom, an alkyl group having 1 or more and 20 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an aralkyl group having 7 or more and 20 or less carbon atoms, and Rb1 and Rb2 may be bonded to each other to form a cyclic alkyl group. (claim 11)
The ‘367 application does not claim a compound that has a molecular weight of 255 or greater, a phenol skeleton in which a primary carbon atom or secondary carbon atom is bonded to one ortho position and a tertiary carbon atom or quaternary carbon atom is bonded to the other ortho position, and has no linear alkylene structure having 4 or more carbon atoms.
Hiroyuki teaches a photoreceptor comprising an antioxidant in the photosensitive layer, specifically a hindered phenol structure, to improve exposure sensitivity control for ultra sharp images (page 5-6). Hiroyuki further teaches the hindered phenol is selected from a group including 2,2’-methylenebis(6-t-butyl-4-methylphenol) (page 11-12) which comprises a molecular weight of 392.57, and is the same as compound C1-1 of the Instant Application (Instant Specification page 48). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to use the electrophotographic photoreceptor of the ‘367 application, with the 2,2’-methylenebis(6-t-butyl-4-methylphenol) antioxidant, as taught by Hiroyuki, to improve sharpness of produced images.
Regarding claim 6, the ‘367 application further claims The electrophotographic photoreceptor according to claim 9,
wherein the dicarboxylic acid unit (A) represented by Formula (A) includes at least one selected from the group consisting of a dicarboxylic acid unit (A1) represented by Formula (A1), a dicarboxylic acid unit (A2) represented by Formula (A2), a dicarboxylic acid unit (A3) represented by Formula (A3), and a dicarboxylic acid unit (A4) represented Formula (A4),
PNG
media_image9.png
500
364
media_image9.png
Greyscale
in Formula (A1), n101 represents an integer of 0 or greater and 4 or less, and n101 number of Ra101's each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms,
in Formula (A2), n201 and n202 each independently represent an integer of 0 or greater and 4 or less, and n201 number of Ra201's and n202 number of Ra202's each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms,
in Formula (A3), n301 and n302 each independently represent an integer of 0 or greater and 4 or less, and n301 number of Ra301's and n302 number of Ra302's each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms,
in Formula (A4), n401 represents an integer of 0 or greater and 6 or less, and n401 number of Ra401's each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms. (claim 14)
regarding claim 8, the ‘367 application further claims The electrophotographic photoreceptor according to claim 9,
wherein the diol unit (B) represented by Formula (B) includes at least one selected from the group consisting of a diol unit (B1) represented by Formula (B1), a diol unit (B2) represented by Formula (B2), a diol unit (B3) represented by Formula (B3), a diol unit (B4) represented by Formula (B4), a diol unit (B5) represented by Formula (B5), a diol unit (B6) represented by Formula (B6), a diol unit (B7) represented by Formula (B7), and a diol unit (B8) represented by Formula (B8),
PNG
media_image10.png
476
372
media_image10.png
Greyscale
PNG
media_image11.png
454
374
media_image11.png
Greyscale
in Formula (B1), Rb101 represents a branched alkyl group having 4 or more and 20 or less carbon atoms, Rb201 represents a hydrogen atom or an alkyl group having 1 or more and 3 or less carbon atoms, and Rb401, Rb501, Rb801, and Rb901 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B2), Rb102 represents a linear alkyl group having 4 or more and 20 or less carbon atoms, Rb202 represents a hydrogen atom or an alkyl group having 1 or more and 3 or less carbon atoms, and Rb402, Rb502, Rb802, and Rb902 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B3), Rb113 and Rb213 each independently represent a hydrogen atom, a linear alkyl group having 1 or more and 3 or less carbon atoms, an alkoxy group having 1 or more and 4 or less carbon atoms, or a halogen atom, d represents an integer of 7 or greater and 15 or less, and Rb403, Rb503, Rb803, and Rb903 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B4), Rb104 and Rb204 each independently represent a hydrogen atom, an alkyl group having 1 or more and 3 or less carbon atoms, and Rb404, Rb504, Rb804, and Rb904 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B5), Ar105 represents an aryl group having 6 or more and 12 or less carbon atoms or an aralkyl group having 7 or more and 20 or less carbon atoms, Rb205 represents a hydrogen atom or an alkyl group having 1 or more and 3 or less carbon atoms, and Rb405, Rb505, Rb805, and Rb905 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B6), Rb116 and Rb216 each independently represent a hydrogen atom, a linear alkyl group having 1 or more and 3 or less carbon atoms, an alkoxy group having 1 or more and 4 or less carbon atoms, or a halogen atom, e represents an integer of 4 or greater and 6 or less, and Rb406, Rb506, Rb806, and Rb906 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B7), Rb407, Rb507, Rb807, and Rb907 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B8), Rb408, Rb508, Rb808, and Rb908 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom. (claim 15)
This is a provisional nonstatutory double patenting rejection.
Claims 1-3 and 6-8 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 14-16 of copending Application No. 18/171,369 in view of Hiroyuki (JP H02207258).
Regarding claims 1-3, and 7 the ‘369 application claims An image forming unit comprising:
a photoreceptor; and
a charging member that comes into contact with a surface of the photoreceptor and charges the photoreceptor,
wherein the photoreceptor includes a conductive substrate, and a lamination type photosensitive layer disposed on the conductive substrate and including a charge generation layer and a charge transport layer,
the charge transport layer contains at least one of a polyester resin that has a constitutional unit having an aromatic ring or a polycarbonate resin that has a constitutional unit having an aromatic ring,
the charging member includes a support member and an elastic layer disposed on the support member, and
the elastic layer has a storage elastic modulus G′ of 5.0 MPa or less at a frequency of 100 Hz in dynamic viscoelasticity measurement under a temperature condition of 24° C. (claim 1)
The image forming unit according to claim 1,
wherein the polyester resin that has a constitutional unit having an aromatic ring includes a polyester resin (1) having a dicarboxylic acid unit (A) represented by Formula (A) and a diol unit (B) represented by Formula (B),
PNG
media_image12.png
150
400
media_image12.png
Greyscale
in Formula (A), ArA1 and ArA2 each independently represent an aromatic ring that may have a substituent, LA represents a single bond or a divalent linking group, and nA1 represents 0, 1, or 2,
in Formula (B), ArB1 and ArB2 each independently represent an aromatic ring that may have a substituent, LB represents a single bond, an oxygen atom, a sulfur atom, or —C(Rb1)(Rb2)—, and nB1 represents 0, 1, or 2, where Rb1 and Rb2 each independently represent a hydrogen atom, an alkyl group having 1 or more and 20 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an aralkyl group having 7 or more and 20 or less carbon atoms, and Rb1 and Rb2 may be bonded to each other to form a cyclic alkyl group. (claim 14)
The ‘369 application does not claim a compound that has a molecular weight of 255 or greater, a phenol skeleton in which a primary carbon atom or secondary carbon atom is bonded to one ortho position and a tertiary carbon atom or quaternary carbon atom is bonded to the other ortho position, and has no linear alkylene structure having 4 or more carbon atoms.
Hiroyuki teaches a photoreceptor comprising an antioxidant in the photosensitive layer, specifically a hindered phenol structure, to improve exposure sensitivity control for ultra sharp images (page 5-6). Hiroyuki further teaches the hindered phenol is selected from a group including 2,2’-methylenebis(6-t-butyl-4-methylphenol) (page 11-12) which comprises a molecular weight of 392.57, and is the same as compound C1-1 of the Instant Application (Instant Specification page 48). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to use the electrophotographic photoreceptor of the ‘369 application, with the 2,2’-methylenebis(6-t-butyl-4-methylphenol) antioxidant, as taught by Hiroyuki, to improve sharpness of produced images.
Regarding claim 6, the ‘369 application further claims The image forming unit according to claim 14,
wherein the dicarboxylic acid unit (A) represented by Formula (A) includes at least one selected from the group consisting of a dicarboxylic acid unit (A1) represented by Formula (A1), a dicarboxylic acid unit (A2) represented by Formula (A2), a dicarboxylic acid unit (A3) represented by Formula (A3), and a dicarboxylic acid unit (A4) represented Formula (A4),
PNG
media_image13.png
504
358
media_image13.png
Greyscale
in Formula (A1), n101 represents an integer of 0 or greater and 4 or less, and n101 number of Ra101's each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms,
in Formula (A2), n201 and n202 each independently represent an integer of 0 or greater and 4 or less, and n201 number of Ra201's and n202 number of Ra202's each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms,
in Formula (A3), n301 and n302 each independently represent an integer of 0 or greater and 4 or less, and n301 number of Ra301's and n302 number of Ra302's each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms,
in Formula (A4), n401 represents an integer of 0 or greater and 6 or less, and n401 number of Ra401's each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms. (claim 15)
Regarding claim 8, the ‘369 application further claims The image forming unit according to claim 14,
wherein the diol unit (B) represented by Formula (B) includes at least one selected from the group consisting of a diol unit (B1) represented by Formula (B1), a diol unit (B2) represented by Formula (B2), a diol unit (B3) represented by Formula (B3), a diol unit (B4) represented by Formula (B4), a diol unit (B5) represented by Formula (B5), a diol unit (B6) represented by Formula (B6), a diol unit (B7) represented by Formula (B7), and a diol unit (B8) represented by Formula (B8),
PNG
media_image14.png
938
382
media_image14.png
Greyscale
in Formula (B1), Rb101 represents a branched alkyl group having 4 or more and 20 or less carbon atoms, Rb201 represents a hydrogen atom or an alkyl group having 1 or more and 3 or less carbon atoms, and Rb401, Rb501, Rb801, and Rb901 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B2), Rb102 represents a linear alkyl group having 4 or more and 20 or less carbon atoms, Rb202 represents a hydrogen atom or an alkyl group having 1 or more and 3 or less carbon atoms, and Rb402, Rb502, Rb802, and Rb902 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B3), Rb113 and Rb213 each independently represent a hydrogen atom, a linear alkyl group having 1 or more and 3 or less carbon atoms, an alkoxy group having 1 or more and 4 or less carbon atoms, or a halogen atom, d represents an integer of 7 or greater and 15 or less, and Rb403, Rb503, Rb803, and Rb903 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B4), Rb104 and Rb204 each independently represent a hydrogen atom, an alkyl group having 1 or more and 3 or less carbon atoms, and Rb404, Rb504, Rb804, and Rb904 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B5), Ar105 represents an aryl group having 6 or more and 12 or less carbon atoms or an aralkyl group having 7 or more and 20 or less carbon atoms, Rb205 represents a hydrogen atom or an alkyl group having 1 or more and 3 or less carbon atoms, and Rb405, Rb505, Rb805, and Rb905 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B6), Rb116 and Rb216 each independently represent a hydrogen atom, a linear alkyl group having 1 or more and 3 or less carbon atoms, an alkoxy group having 1 or more and 4 or less carbon atoms, or a halogen atom, e represents an integer of 4 or greater and 6 or less, and Rb406, Rb506, Rb806, and Rb906 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B7), Rb407, Rb507, Rb807, and Rb907 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B8), Rb408, Rb508, Rb808, and Rb908 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom. (claim 16)
This is a provisional nonstatutory double patenting rejection.
Claims 1-3, 6-8, 10-12, and 16 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 3-6, 8-10, 13, and 18 of copending Application No. 18/178,538 in view of Hiroyuki (JP H02207258).
Regarding claims 1-3 and 7, the ‘538 application claims An electrophotographic photoreceptor comprising:
a conductive substrate;
an undercoat layer disposed on the conductive substrate; and
a lamination type photosensitive layer disposed on the undercoat layer and including a charge generation layer and a charge transport layer,
wherein the charge transport layer contains a charge transport material and a polyester resin, and
in a case where an average thickness of the charge transport layer is defined as As (μm) and an average thickness of the undercoat layer is defined as Bs (μm), expressions 27≤As≤50, 10≤Bs≤40, and 0.70≤As/Bs≤4.80 are satisfied. (claim 1)
The electrophotographic photoreceptor according to claim 1,
wherein the polyester resin includes a polyester resin (1) having a dicarboxylic acid unit (A) represented by Formula (A) and a diol unit (B) represented by Formula (B),
PNG
media_image15.png
156
398
media_image15.png
Greyscale
in Formula (A), ArA1 and ArA2 each independently represent an aromatic ring that may have a substituent, LA represents a single bond or a divalent linking group, and nA1 represents 0, 1, or 2,
in Formula (B), ArB1 and ArB2 each independently represent an aromatic ring that may have a substituent, LB represents a single bond, an oxygen atom, a sulfur atom, or —C(Rb1)(Rb2)—, and nB1 represents 0, 1, or 2, where Rb1 and Rb2 each independently represent a hydrogen atom, an alkyl group having 1 or more and 20 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an aralkyl group having 7 or more and 20 or less carbon atoms, and Rb1 and Rb2 may be bonded to each other to form a cyclic alkyl group. (claim 3)
The ‘538 application does not claim a compound that has a molecular weight of 255 or greater, a phenol skeleton in which a primary carbon atom or secondary carbon atom is bonded to one ortho position and a tertiary carbon atom or quaternary carbon atom is bonded to the other ortho position, and has no linear alkylene structure having 4 or more carbon atoms.
Hiroyuki teaches a photoreceptor comprising an antioxidant in the photosensitive layer, specifically a hindered phenol structure, to improve exposure sensitivity control for ultra sharp images (page 5-6). Hiroyuki further teaches the hindered phenol is selected from a group including 2,2’-methylenebis(6-t-butyl-4-methylphenol) (page 11-12) which comprises a molecular weight of 392.57, and is the same as compound C1-1 of the Instant Application (Instant Specification page 48). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to use the electrophotographic photoreceptor of the ‘538 application, with the 2,2’-methylenebis(6-t-butyl-4-methylphenol) antioxidant, as taught by Hiroyuki, to improve sharpness of produced images.
Regarding claim 6, the ‘538 application further claims The electrophotographic photoreceptor according to claim 3,
wherein the dicarboxylic acid unit (A) represented by Formula (A) includes at least one selected from the group consisting of a dicarboxylic acid unit (A1) represented by Formula (A1), a dicarboxylic acid unit (A2) represented by Formula (A2), a dicarboxylic acid unit (A3) represented by Formula (A3), and a dicarboxylic acid unit (A4) represented Formula (A4),
PNG
media_image16.png
508
362
media_image16.png
Greyscale
in Formula (A1), n101 represents an integer of 0 or greater and 4 or less, and n101 number of Ra101's each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms,
in Formula (A2), n201 and n202 each independently represent an integer of 0 or greater and 4 or less, and n201 number of Ra201's and n202 number of Ra202's each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms,
in Formula (A3), n301 and n302 each independently represent an integer of 0 or greater and 4 or less, and n301 number of Ra301's and n302 number of Ra302's each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms,
in Formula (A4), n401 represents an integer of 0 or greater and 6 or less, and n401 number of Ra401's each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms. (claim 4)
Regarding claim 8, the ‘538 application further claims The electrophotographic photoreceptor according to claim 3,
wherein the diol unit (B) represented by Formula (B) includes at least one selected from the group consisting of a diol unit (B1) represented by Formula (B1), a diol unit (B2) represented by Formula (B2), a diol unit (B3) represented by Formula (B3), a diol unit (B4) represented by Formula (B4), a diol unit (B5) represented by Formula (B5), a diol unit (B6) represented by Formula (B6), a diol unit (B7) represented by Formula (B7), and a diol unit (B8) represented by Formula (B8),
PNG
media_image17.png
468
370
media_image17.png
Greyscale
PNG
media_image17.png
468
370
media_image17.png
Greyscale
in Formula (B1), Rb101 represents a branched alkyl group having 4 or more and 20 or less carbon atoms, Rb201 represents a hydrogen atom or an alkyl group having 1 or more and 3 or less carbon atoms, and Rb401, Rb501, Rb801, and Rb901 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B2), Rb102 represents a linear alkyl group having 4 or more and 20 or less carbon atoms, Rb202 represents a hydrogen atom or an alkyl group having 1 or more and 3 or less carbon atoms, and Rb402, Rb502, Rb802, and Rb902 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B3), Rb113 and Rb213 each independently represent a hydrogen atom, a linear alkyl group having 1 or more and 3 or less carbon atoms, an alkoxy group having 1 or more and 4 or less carbon atoms, or a halogen atom, d represents an integer of 7 or greater and 15 or less, and Rb403, Rb503, Rb803, and Rb903 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B4), Rb104 and Rb204 each independently represent a hydrogen atom, an alkyl group having 1 or more and 3 or less carbon atoms, and Rb404, Rb504, Rb804, and Rb904 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B5), Ar105 represents an aryl group having 6 or more and 12 or less carbon atoms or an aralkyl group having 7 or more and 20 or less carbon atoms, Rb205 represents a hydrogen atom or an alkyl group having 1 or more and 3 or less carbon atoms, and Rb405, Rb505, Rb805, and Rb905 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B6), Rb116 and Rb216 each independently represent a hydrogen atom, a linear alkyl group having 1 or more and 3 or less carbon atoms, an alkoxy group having 1 or more and 4 or less carbon atoms, or a halogen atom, e represents an integer of 4 or greater and 6 or less, and Rb406, Rb506, Rb806, and Rb906 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B7), Rb407, Rb507, Rb807, and Rb907 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B8), Rb408, Rb508, Rb808, and Rb908 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom. (claim 5).
Alternatively, for the single layer embodiment of claims 1-3 and 7, the ‘538 application claims An electrophotographic photoreceptor comprising:
a conductive substrate;
an undercoat layer disposed on the conductive substrate; and
a single layer type photosensitive layer disposed on the undercoat layer,
wherein the single layer type photosensitive layer contains a charge transport material and a polyester resin, and
in a case where an average thickness of the single layer type photosensitive layer is defined as At (μm) and an average thickness of the undercoat layer is defined as Bt (μm), expressions of 27≤At≤50, 10≤Bt≤40, and 0.70≤At/Bt≤4.80 are satisfied. (claim 6)
The electrophotographic photoreceptor according to claim 6,
wherein the polyester resin includes a polyester resin (1) having a dicarboxylic acid unit (A) represented by Formula (A) and a diol unit (B) represented by Formula (B),
PNG
media_image15.png
156
398
media_image15.png
Greyscale
in Formula (A), ArA1 and ArA2 each independently represent an aromatic ring that may have a substituent, LA represents a single bond or a divalent linking group, and nA1 represents 0, 1, or 2,
in Formula (B), ArB1 and ArB2 each independently represent an aromatic ring that may have a substituent, LB represents a single bond, an oxygen atom, a sulfur atom, or —C(Rb1)(Rb2)—, and nB1 represents 0, 1, or 2, where Rb1 and Rb2 each independently represent a hydrogen atom, an alkyl group having 1 or more and 20 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an aralkyl group having 7 or more and 20 or less carbon atoms, and Rb1 and Rb2 may be bonded to each other to form a cyclic alkyl group. (claim 8)
The ‘538 application does not claim a compound that has a molecular weight of 255 or greater, a phenol skeleton in which a primary carbon atom or secondary carbon atom is bonded to one ortho position and a tertiary carbon atom or quaternary carbon atom is bonded to the other ortho position, and has no linear alkylene structure having 4 or more carbon atoms.
Hiroyuki teaches a photoreceptor comprising an antioxidant in the photosensitive layer, specifically a hindered phenol structure, to improve exposure sensitivity control for ultra sharp images (page 5-6). Hiroyuki further teaches the hindered phenol is selected from a group including 2,2’-methylenebis(6-t-butyl-4-methylphenol) (page 11-12) which comprises a molecular weight of 392.57, and is the same as compound C1-1 of the Instant Application (Instant Specification page 48). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to use the electrophotographic photoreceptor of the ‘538 application, with the 2,2’-methylenebis(6-t-butyl-4-methylphenol) antioxidant, as taught by Hiroyuki, to improve sharpness of produced images.
Regarding claim 6, the ‘538 application claims The electrophotographic photoreceptor according to claim 8,
wherein the dicarboxylic acid unit (A) represented by Formula (A) includes at least one selected from the group consisting of a dicarboxylic acid unit (A1) represented by Formula (A1), a dicarboxylic acid unit (A2) represented by Formula (A2), a dicarboxylic acid unit (A3) represented by Formula (A3), and a dicarboxylic acid unit (A4) represented Formula (A4),
PNG
media_image16.png
508
362
media_image16.png
Greyscale
in Formula (A1), n101 represents an integer of 0 or greater and 4 or less, and n101 number of Ra101's each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms,
in Formula (A2), n201 and n202 each independently represent an integer of 0 or greater and 4 or less, and n201 number of Ra201's and n202 number of Ra202's each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms,
in Formula (A3), n301 and n302 each independently represent an integer of 0 or greater and 4 or less, and n301 number of Ra301's and n302 number of Ra302's each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms,
in Formula (A4), n401 represents an integer of 0 or greater and 6 or less, and n401 number of Ra401's each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms. (claim 9)
Regarding claim 8, the ‘538 application further claims The electrophotographic photoreceptor according to claim 8,
wherein the diol unit (B) represented by Formula (B) includes at least one selected from the group consisting of a diol unit (B1) represented by Formula (B1), a diol unit (B2) represented by Formula (B2), a diol unit (B3) represented by Formula (B3), a diol unit (B4) represented by Formula (B4), a diol unit (B5) represented by Formula (B5), a diol unit (B6) represented by Formula (B6), a diol unit (B7) represented by Formula (B7), and a diol unit (B8) represented by Formula (B8),
PNG
media_image17.png
468
370
media_image17.png
Greyscale
PNG
media_image17.png
468
370
media_image17.png
Greyscale
in Formula (B1), Rb101 represents a branched alkyl group having 4 or more and 20 or less carbon atoms, Rb201 represents a hydrogen atom or an alkyl group having 1 or more and 3 or less carbon atoms, and Rb401, Rb501, Rb801, and Rb901 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B2), Rb102 represents a linear alkyl group having 4 or more and 20 or less carbon atoms, Rb202 represents a hydrogen atom or an alkyl group having 1 or more and 3 or less carbon atoms, and Rb402, Rb502, Rb802, and Rb902 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B3), Rb113 and Rb213 each independently represent a hydrogen atom, a linear alkyl group having 1 or more and 3 or less carbon atoms, an alkoxy group having 1 or more and 4 or less carbon atoms, or a halogen atom, d represents an integer of 7 or greater and 15 or less, and Rb403, Rb503, Rb803, and Rb903 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B4), Rb104 and Rb204 each independently represent a hydrogen atom, an alkyl group having 1 or more and 3 or less carbon atoms, and Rb404, Rb504, Rb804, and Rb904 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B5), Ar105 represents an aryl group having 6 or more and 12 or less carbon atoms or an aralkyl group having 7 or more and 20 or less carbon atoms, Rb205 represents a hydrogen atom or an alkyl group having 1 or more and 3 or less carbon atoms, and Rb405, Rb505, Rb805, and Rb905 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B6), Rb116 and Rb216 each independently represent a hydrogen atom, a linear alkyl group having 1 or more and 3 or less carbon atoms, an alkoxy group having 1 or more and 4 or less carbon atoms, or a halogen atom, e represents an integer of 4 or greater and 6 or less, and Rb406, Rb506, Rb806, and Rb906 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B7), Rb407, Rb507, Rb807, and Rb907 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B8), Rb408, Rb508, Rb808, and Rb908 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom. (claim 10)
Regarding claim 10-12 and 16, the ‘538 application claims A process cartridge comprising:
the electrophotographic photoreceptor according to claim 3,
wherein the process cartridge is attachable to and detachable from an image forming apparatus. (claim 13)
And A process cartridge comprising:
the electrophotographic photoreceptor according to claim 8,
wherein the process cartridge is attachable to and detachable from an image forming apparatus. (claim 18)
This is a provisional nonstatutory double patenting rejection.
Claims 1-3, 6-8, 10-12, and 15-17 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-7, and 15-17 of copending Application No. 18/321,800 in view of Hiroyuki (JP H02207258).
Regarding claims 1-3 and 7 the ‘800 application claims What is claimed is: 1. An electrophotographic photoreceptor comprising:
a conductive substrate; and
a lamination type photosensitive layer including a charge generation layer and a charge transport layer or a single layer type photosensitive layer that is a photosensitive layer disposed on the conductive substrate,
wherein the charge transport layer or the single layer type photosensitive layer is an outermost layer and contains a charge transport material and a binder resin containing a polyester resin having an aromatic ring,
the charge transport layer or the single layer type photosensitive layer has an average thickness of 28 μm or greater and 50 μm or less, and
a weight reduction ratio of the charge transport layer or the single layer type photosensitive layer from 30° C. to 175° C. in thermogravimetric analysis is 0.1% by mass or less. (claim 1)
The electrophotographic photoreceptor according to claim 1,
wherein the polyester resin is a polyester resin (1) having a dicarboxylic acid unit (A) represented by Formula (A) and a diol unit (B) represented by Formula (B),
PNG
media_image18.png
148
426
media_image18.png
Greyscale
in Formula (A), X represents an organic group,
in Formula (B), ArB1 and ArB2 each independently represent an aromatic ring that may have a substituent, LB represents a single bond, an oxygen atom, a sulfur atom, or —C(Rb1)(Rb2)—, and nB1 represents 0, 1, or 2, where Rb1 and Rb2 each independently represent a hydrogen atom, an alkyl group having 1 or more and 20 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an aralkyl group having 7 or more and 20 or less carbon atoms, and Rb1 and Rb2 may be bonded to each other to form a cyclic alkyl group. (claim 4)
The electrophotographic photoreceptor according to claim 4,
wherein the dicarboxylic acid unit (A) is a dicarboxylic acid unit (A′) represented by Formula (A′),
PNG
media_image19.png
82
414
media_image19.png
Greyscale
in Formula (A′), ArA1 and ArA2 each independently represent an aromatic ring that may have a substituent, LA represents a single bond or a divalent linking group, and nA1 represents 0, 1, or 2. (claim 5)
The ‘800 application does not claim a compound that has a molecular weight of 255 or greater, a phenol skeleton in which a primary carbon atom or secondary carbon atom is bonded to one ortho position and a tertiary carbon atom or quaternary carbon atom is bonded to the other ortho position, and has no linear alkylene structure having 4 or more carbon atoms.
Hiroyuki teaches a photoreceptor comprising an antioxidant in the photosensitive layer, specifically a hindered phenol structure, to improve exposure sensitivity control for ultra sharp images (page 5-6). Hiroyuki further teaches the hindered phenol is selected from a group including 2,2’-methylenebis(6-t-butyl-4-methylphenol) (page 11-12) which comprises a molecular weight of 392.57, and is the same as compound C1-1 of the Instant Application (Instant Specification page 48). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to use the electrophotographic photoreceptor of the ‘800 application, with the 2,2’-methylenebis(6-t-butyl-4-methylphenol) antioxidant, as taught by Hiroyuki, to improve sharpness of produced images.
Regarding claim 6, the ‘800 application further claims The electrophotographic photoreceptor according to claim 4,
wherein the dicarboxylic acid unit (A) includes at least one selected from the group consisting of a dicarboxylic acid unit (A1) represented by Formula (A1), a dicarboxylic acid unit (A2) represented by Formula (A2), a dicarboxylic acid unit (A3) represented by Formula (A3), and a dicarboxylic acid unit (A4) represented by Formula (A4),
PNG
media_image20.png
508
364
media_image20.png
Greyscale
in Formula (A1), n101 represents an integer of 0 or greater and 4 or less, and n101 number of Ra101's each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms,
in Formula (A2), n201 and n202 each independently represent an integer of 0 or greater and 4 or less, and n201 number of Ra201's and n202 number of Ra202's each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms,
in Formula (A3), n301 and n302 each independently represent an integer of 0 or greater and 4 or less, and n301 number of Ra301's and n302 number of Ra302's each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms,
in Formula (A4), n401 represents an integer of 0 or greater and 6 or less, and n401 number of Ra401s each independently represent an alkyl group having 1 or more and 10 or less carbon atoms, an aryl group having 6 or more and 12 or less carbon atoms, or an alkoxy group having 1 or more and 6 or less carbon atoms. (claim 6)
Regarding claim 8, the ‘800 application further claims The electrophotographic photoreceptor according to claim 4,
wherein the diol unit (B) includes at least one selected from the group consisting of a diol unit (B1) represented by Formula (B1), a diol unit (B2) represented by Formula (B2), a diol unit (B3) represented by Formula (B3), a diol unit (B4) represented by Formula (B4), a diol unit (B5) represented by Formula (B5), a diol unit (B6) represented by Formula (B6), a diol unit (B7) represented by Formula (B7), and a diol unit (B8) represented by Formula (B8),
PNG
media_image21.png
474
376
media_image21.png
Greyscale
PNG
media_image22.png
456
372
media_image22.png
Greyscale
in Formula (B1), Rb101 represents a branched alkyl group having 4 or more and 20 or less carbon atoms, Rb201 represents a hydrogen atom or an alkyl group having 1 or more and 3 or less carbon atoms, and Rb401, Rb501, Rb801, and Rb901 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B2), Rb102 represents a linear alkyl group having 4 or more and 20 or less carbon atoms, Rb202 represents a hydrogen atom or an alkyl group having 1 or more and 3 or less carbon atoms, and Rb402, Rb502, Rb802, and Rb902 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B3), Rb113 and Rb213 each independently represent a hydrogen atom, a linear alkyl group having 1 or more and 3 or less carbon atoms, an alkoxy group having 1 or more and 4 or less carbon atoms, or a halogen atom, d represents an integer of 7 or greater and 15 or less, and Rb403, Rb503, Rb803, and Rb903 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B4), Rb104 and Rb204 each independently represent a hydrogen atom, an alkyl group having 1 or more and 3 or less carbon atoms, and Rb404, Rb504, Rb804, and Rb904 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B5), Ar105 represents an aryl group having 6 or more and 12 or less carbon atoms or an aralkyl group having 7 or more and 20 or less carbon atoms, Rb205 represents a hydrogen atom or an alkyl group having 1 or more and 3 or less carbon atoms, and Rb405, Rb505, Rb805, and Rb905 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B6), Rb116 and Rb216 each independently represent a hydrogen atom, a linear alkyl group having 1 or more and 3 or less carbon atoms, an alkoxy group having 1 or more and 4 or less carbon atoms, or a halogen atom, e represents an integer of 4 or greater and 6 or less, and Rb406, Rb506, Rb806, and Rb906 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B7), Rb407, Rb507, Rb807, and Rb907 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom,
in Formula (B8), Rb408, Rb508, Rb808, and Rb908 each independently represent a hydrogen atom, an alkyl group having 1 or more and 4 or less carbon atoms, an alkoxy group having 1 or more and 6 or less carbon atoms, or a halogen atom. (Claim 7)
regarding claims 10-12 and 16, the ‘800 application further claims A process cartridge comprising:
the electrophotographic photoreceptor according to claim 5,
wherein the process cartridge is attachable to and detachable from an image forming apparatus. (claim 15)
regarding claim 15, the ‘800 application further claims A process cartridge comprising:
the electrophotographic photoreceptor according to claim 6,
wherein the process cartridge is attachable to and detachable from an image forming apparatus. (claim 16)
regarding claim 17, the ‘800 application further claims A process cartridge comprising:
the electrophotographic photoreceptor according to claim 7,
wherein the process cartridge is attachable to and detachable from an image forming apparatus. (claim 17)
This is a provisional nonstatutory double patenting rejection.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fujii (US 20130209928) in view of Hiroyuki (JP H02207258).
Regarding claims 1-3, and 6-8, Fujii discloses an electrophotographic photoreceptor comprising a conductive support and a photosensitive layer on the conductive support. The photosensitive layer comprises a charge transport substance, and a polyester resin with a structural unit of either (6), (X), or (Y) ([0014]). One of skill in the art would recognize the structural unit of (6), (X) and (Y) are a combination of a dicarboxylic acid and a diol, each with at least one aromatic ring.
PNG
media_image23.png
52
226
media_image23.png
Greyscale
PNG
media_image24.png
212
496
media_image24.png
Greyscale
Fujii does not disclose a compound that has a molecular weight of 255 or greater, a phenol skeleton in which a primary carbon atom or secondary carbon atom is bonded to one ortho position and a tertiary carbon atom or quaternary carbon atom is bonded to the other ortho position, and has no linear alkylene structure having 4 or more carbon atoms.
Hiroyuki teaches a photoreceptor comprising an antioxidant in the photosensitive layer, specifically a hindered phenol structure, to improve exposure sensitivity control for ultra sharp images (page 5-6). Hiroyuki further teaches the hindered phenol is selected from a group including 2,2’-methylenebis(6-t-butyl-4-methylphenol) (page 11-12) which comprises a molecular weight of 340.5, and is the same as compound C1-1 of the Instant Application (Instant Specification page 48). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to use the electrophotographic photoreceptor of Fujii, with the 2,2’-methylenebis(6-t-butyl-4-methylphenol) antioxidant, as taught by Hiroyuki, to improve sharpness of produced images.
Regarding claim 4, modified Fujii discloses all limitations as set forth above. Hiroyuki further teaches the antioxidant is 0.01-100 % by weight of the organic pigment in the photosensitive layer (page 12). Hiroyuki further teaches the organic pigment is 10-300 parts by weight per 100 parts binder resin (page 11, and with correction on page 34). Therefore the antioxidant can range from (0.0001*10)/((0.0001*10)+10+100) = 0.0001 mass% to (1*300)/((1*300)+300+100) = 42.9 mass% of the photosensitive layer.
Regarding claim 5, Fujii teaches production of the coating solution for a charge transport layer, comprising a mix of equal parts formula (1)-2 and formula (2)-2 (0138]). Formula (1)-1 possesses a molecular weight of 389.54, and (2)-2 possesses a molecular weight of 544.73.
PNG
media_image25.png
170
300
media_image25.png
Greyscale
PNG
media_image26.png
172
296
media_image26.png
Greyscale
(page 5 and 6)
Hiroyuki teaches the charge transport material is used in a ratio of 1:5 or less to the organic pigment (page 5). Hiroyuki further teaches the antioxidant is used in an amount of 0.01-100 parts by weight per 100 parts of organic pigment (page 12). One of skill in the art could determine a photoreceptor produced with 1 mol of charge transport material (a 50:50 mix of formula (1)-2 and formula (2)-2) as disclosed by Fujii would equal (389.54/2)+(544.73/2) = 467.12 pats by weight, and would be mixed with at least 2335.58 parts organic pigment (using the ratio of 1:5 taught by Hiroyuki). Therefore, according to Hiroyuki the antioxidant is used in an amount of 23.36 to 2335.58 parts by weight, which would be 0.069 to 6.9 mol of the antioxidant. However, 2,2’-methylenebis (6-t-butyl-4-methylphenol) contains 2 phenolic hydroxyl groups, so the molar amount of phenolic hydroxyl groups range would range from 0.137 to 13.7 mol. The amounts therefore produce an amount of phenolic hydroxyl groups being 13.7 to 1370 % by mol with respect to the antioxidant.
Regarding claim 9, modified Fujii discloses all limitations as set forth above. A note above Fujii uses formula (2)-2 in Example 1, with formula (2)-2 meeting the definition of claimed Formula (D2) of the Instant Application. Furthermore, Fujii discloses general formula (2) (0037]-[0040]), which meets the definition of claimed Formula (D2) and (D4) of the Instant Application.
PNG
media_image27.png
74
196
media_image27.png
Greyscale
PNG
media_image28.png
162
262
media_image28.png
Greyscale
Regarding claims 10-18, modified Fujii discloses all limitations as set forth above. Fujii further discloses the photoreceptor may be configured as an integrated cartridge, by combining it with at least one other device such as a cleaning device. The cartridge may be configured to be removeable from the main body of the image forming apparatus ([0134]). Fujii further discloses the cleaning device may be a blade cleaner ([0123]).
Regarding claims 19-20, modified Fujii discloses all limitations as set forth above. Fujii further discloses the photoreceptor may be used in an image forming apparatus comprising the electrophotographic photoreceptor, a charging device for charging the photoreceptor, an exposure device for exposing the photoreceptor to form a latent image, a developing device to develop the latent image, and a transfer device for transferring the toner to a recording medium, and may include a cleaning device ([0014], [0017]-[0033], Fig 1, [0111]-[0112]). Fujii discloses the cleaning device may be a blade cleaner ([0123]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES COLLINS SULLIVAN IV whose telephone number is (571)272-2208. The examiner can normally be reached M-F 8-4:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Huff can be reached at (571) 272-1385. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/C.C.S./ Examiner, Art Unit 1737
/MARK F. HUFF/ Supervisory Patent Examiner, Art Unit 1737
Prosecution Insights