DETAILED ACTION
Response to Arguments
Applicant’s arguments, see the Response, filed 1/20/2026, with respect to the rejection of claims 1-8 under 35 U.S.C. 103 have been fully considered and are persuasive based on the claim amendments. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made below.
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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Haruki (US PGP 2018-0120719) in view of Fumita (US PGP 2021-0003934) and further in view of Sakimura (US PGP 2020-0257213).
Haruki teaches a yellow, magenta, cyan, or black toner ([0157-161]) wherein the toner mother particle has a plurality of convex portions on the surface formed with a hybrid amorphous polyester resin with a vinyl-based polymerization segment (Abstract). The polyester and vinyl segments are bonded through a bireactive monomer ([0103]). The average distance between the convex portions (D1) is in the range of 20 to 100 nm ([0015]). The toner may have external additives such as silica, alumina, aluminum stearate, and zinc stearate ([0228]) and these may be used in combination ([0227]).
Haruki is silent regarding a preferable median diameter for the external additives such as aluminum stearate and zinc stearate. Fumita teaches a fatty acid metal salt external additive ([0054]), which is preferably a zinc salt ([0055]), for example zinc stearate ([0059]). The median diameter (D2) for the particle is 0.15 µm to 2.00 µm, and preferably 0.40 µm to 1.30 µm ([0060]). A diameter of 0.15 µm or more improves the lubricant function and the cleaning property, and a diameter of 2.00 µm or less prevents development streaks which occur from an accumulation of the particles between the developing roller and regulation blade ([0061]). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the toner of Haruki to have included the 0.15 µm to 2.00 µm diameter zinc stearate external additive of Fumita in order to improve the lubricant function and cleaning property while avoiding development streaks.
Haruki is silent regarding an image forming apparatus containing a photoreceptor for use with the toner, so a person of ordinary skill in the art would be motivated to look to the prior art for a suitable photoreceptor. Haruki is also silent regarding a preferable diameter for the alumina external additive. Sakimura teaches a photoreceptor with a protective layer containing a polymerized cured product and an inorganic filler and a toner with alumina as an external additive (Abstract). The protective layer is formed by a cured resin ([0076]) that makes the photoreceptor wear resistant ([0077] line 9-11). The inorganic filler contains metal oxide particles ([0039]). The metal oxide particles improve the film strength and wear resistance of the protective layer ([0042] line 8-10). The alumina particles have a diameter (D3) of 10 to 60 nm to improve the fluidity of the toner, ensure sufficient mixing of the toner and carrier, and prevent embedding of the alumina in the toner base ([0118]). The Mohs hardness of the alumina is not specified, but is an inherent property of the material and would be greater than 8. Sakimura teaches an image forming apparatus and image forming method using the photoreceptor and toner ([0130-162]). The image forming apparatus includes a charging roller ([0142]). It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to have modified the toner of Haruki and Ishikawa to have included an alumina particle with a diameter of 10 to 60 nm to provide fluidity to the toner and prevent the alumina from embedding in the base particles.
The modified toner would easily satisfy Formula (1) D3 ≤ D1 ≤ D2. The alumina particles used as the non-lubricant particles have a diameter, D3, with a range of 10 to 60 nm. The average spacing, D1, of the convex portions of the toner surface is in the range of 20 to 100 nm. The fatty acid metal salt used as the lubricant particles have a diameter, D2, of 150 to 2,000 nm. Although there is some overlap between the ranges for D3 and D1, the range of D1 is higher, and as such would usually result in a higher value than that of D3. Table 2 of Haruki also shows that most exemplary toners have a distance of greater than 60 nm.
Fumita is silent regarding an ultrasonic treatment method in order to determine a release ratio R of the fatty acid metal salt particles from the toner base particles, but the modified toner would most likely fall within the range of 20% to 60%. The surface of the toner particles both have the convex portions comprised of a hybrid amorphous polyester and vinyl resin, large zinc stearate particles. Therefore, the percentage of the lubricant particle that would release from the toner surface during the ultrasonic treatment would be expected to be similar.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/J.K./Examiner, Art Unit 1734
/PETER L VAJDA/Primary Examiner, Art Unit 1737
02/24/2026