DETAILED ACTION
Response to Arguments
Applicant's arguments filed 1/27/2026 have been fully considered but they are not persuasive. Applicant argues that Zenitani does not teach silica particles wherein the elemental nitrogen containing compound containing elemental molybdenum adheres to the inside of a coating structure formed from a reaction product of the silane coupling agent, or that the ratio NMo/NSi of a Net intensity of elemental molybdenum and elemental silicon measured by X-ray fluorescence is from 0.035 to 0.45.
Applicant points to Table 2 to show that the value NMo/NSi varies both inside and outside the claimed range when the TP-415 is used; and further, examples (S13)-(S17) all have the same value for NMo/NSi with different amounts of the molybdenum containing compound added. However, the examples having a value NMo/NSi outside of the claimed range are much smaller or much larger than the amount used in Zenitani. Silica particle (S10) uses 0.5 parts of the TP-415 compound and has a NMo/NSi value of only 0.030, and silica particle (S11) uses 50 parts of the TP-415 compound and has a NMo/NSi value of 0.50 (Table 2). For silica particles with the same average particle diameter, an increase in the amount of TP-415 results in an increase in NMo/NSi, see examples (S1)-(S2) and (S4)-(S11). Examples (S4)-(S6) all contain 30 parts TP-415 and result in a value NMo/NSi of 0.25. Examples (S13)-(S17) are pointed to that show the same value of NMo/NSi can be achieved with different amounts of TP-415. Examples (S13) and (S14) have the same amount of TP-415 and NMo/NSi as examples (S4)-(S6). Examples (S15)-(S17), having the slightly larger amount of TP-415, 35 parts as opposed to 30 parts, are also added to larger silica particles (85 – 120 nm compared to 30 – 50 nm), so the NMo/NSi value would be expected to be lower than the same amount of TP-415 added to a smaller particle.
Example 3 of Zenitani contains 4 parts of TP-415 (Table 1) added to a silica particle with a particle diameter of 70 nm (Table 3). This is most similar to example (S2) of the instant application, wherein the silica particle has an average diameter of 50 nm and the TP-415 is added in an amount of 3 parts, resulting in a value NMo/NSi of 0.11. While the particle diameter of the silica of Zenitani is slightly larger, the addition amount is also slightly larger. It would not be expected that the NMo/NSi value would fall below 0.035 or above 0.45 based on the data as explained above.
Applicant argues that Zenitani does not teach the limitation wherein the nitrogen-containing compound containing molybdenum adheres to the inside of the coating structure formed from a reaction product of the silane coupling agent. However, based on the components used in Zenitani it would be expected to contain the same structure. The coating structure is formed from the reaction of the silane coupling agent with the surface of the silica particle (instant specification [0108]). Zenitani teaches that the silica particle is treated with an organosilicon compound ([0159]), which reacts with the silica particle and forms a coating structure ([0159]). This compound may be a trifunctional silane, such as methyltrimethoxysilane ([0165]), which is the preferred type of compound for forming the coating structure (instant specification [0121]). Zenitani also teaches the addition of a quaternary ammonium salt (nitrogen containing compound) to the same silica particle ([0146]), which would adhere to the coating structure.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9 and 11-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
In claim 1, the limitation “wherein the silica particles (S) are silica particles that include a coating structure formed from a reaction product of a silane coupling agent with the elemental nitrogen-containing compound containing elemental molybdenum adhering to the coating structure, and the elemental nitrogen-containing compound containing molybdenum adheres to an inside of the coating structure formed from the reaction product of the silane coupling agent” is unclear. It is unclear whether the coating structure is formed from a reaction product of the silane coupling agent and the silica particle, or the silane coupling agent and the elemental nitrogen-containing compound containing molybdenum. This limitation is being interpreted as the coating structure is a reaction product between the silica particle and the silane coupling agent, wherein the elemental nitrogen-containing compound containing elemental molybdenum adheres to the coating structure.
It is also unclear what “inside of the coating structure” means. Based on paragraph [0108] of the instant specification, the inside of the coating structure refers to the nitrogen-containing compound containing molybdenum penetrating into pores that are formed in the coating structure.
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 1-6, 8-9, and 11-16 are rejected under 35 U.S.C. 103 as being unpatentable over Arai (US Patent Application Publication No. 2022-0206403) in view of Zenitani (US Patent Application No. 2021-0300771).
Arai teaches a toner comprising toner base particles and an external additive containing the perovskite compound strontium titanate, containing lanthanum (Abstract). In addition to the strontium titanate particles the external additive may contain other particles such as silica ([0106]). Exemplary toners 1-25 contain 1.0 part by mass of a silica particle ([0194] line 1-3, [0195]). The amount of the strontium titanate particles varies from 0.1 to 2.5 parts by mass (Table 1). The total content of the perovskite compound particles and the silica particles is therefore between 1.1 and 3.5 parts based on 100 parts by mass of the toner particles. The mass percentage of the silica particles with respect to the total mass of the perovskite compound particle and the silica particles for Example 2 is 1.0/2.0 = 50% and for Example 7 is 1.0/1.8 = 56% ([0194], Table 1). The average primary particle size of the strontium titanate particles is 8 to 40 nm ([0093]), and exemplary particles have sizes of 20 nm, 25 nm, and 40 nm (Table 1).
Arai further teaches that the toner may be used as part of a two-component developer ([0128]).
Arai does not teach an elemental nitrogen-containing compound containing molybdenum included in the silica particle. However, Zenitani teaches a silica particle that includes a quaternary ammonium salt, a nitrogen containing compound (Abstract). The quaternary ammonium salt contains an anion ([0080]), which may be MoO42- ([0093]). Compound TP-415 is used in Example 3, which is the same compound used in the instant application for the nitrogen-containing compound containing molybdenum (Table 2). Zenitani is silent regarding an X-ray fluorescence analysis to determine a ratio NMo/NSi of the net intensity of elemental molybdenum to net intensity of elemental silicon, however, the addition amount of the TP-415 in Example 3 of Zenitani is 4 parts to 100 parts of silica, and the addition amount of the TP-415 in (S2) of the instant application is 3 parts to 100 parts of the silica, so it can be assumed that the ratio NMo/NSi would be slightly higher than the 0.11 value of (S2), and within the claimed range of 0.035 to 0.45 (Zenitani Table 1, Applicant Table 2). The silica particle also has surface treatment step with an organosilicon compound ([0158]). The organosilicon compound reacts with the surface of the silica particles ([0159]), which would form a coating structure on the outside of the silica particles. Since the quaternary ammonium salt is also added to the surface of the silica particles it would be expected to adhere to the coating structure formed with the organosilicon compound. Examples of the organosilicon compound include silane coupling agents such as the alkyltrialkoxysilane methyltrimethoxysilane ([0165]). The average particle diameter of the silica is preferably 5 to 100 nm ([0072]). The silica particle containing the quaternary ammonium salt prevents an increase in electrostatic capacitance ([0014]), thereby preventing accumulation of static electricity ([0027]). 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 external additives of Arai to have included the silica particle with surface treatments of Zenitani in order to produce an external additive that prevents an increase in electrostatic capacitance.
The diameter of the strontium titanate particles is 8 to 40 nm and the diameter of the silica particles is 5 to 100 nm, therefore, with the significant overlap in the ranges, a ratio D2/D1, of the diameter D2 of the silica particles to the diameter D1 of the titanate particles of 0.50 to 1.70 would easily be produced by a person of ordinary skill in the art.
Claims 7 and 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Arai and Zenitani as applied to claims above, and further in view of Yamagishi (US Patent Application Publication No. 2019-0033739).
The entire discussion of Arai and Zenitani above is included herein. Arai and Zenitani are silent regarding a preferable circularity for the silica particle. Yamagishi teaches a toner with silica particles and strontium titanate particles as external additives (Abstract). The average circularity of the silica particles is 0.90 to 1.00 ([0073]). The higher circularity of the silica in comparison to the circularity of the strontium titanate allows for the transferability of the toner to be maintained ([0076]). 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 silica particle of Arai and Zenitani to have a circularity of 0.90 or greater in order to maintain transferability of the toner.
Arai and Zenitani are also silent regarding an image forming apparatus and image forming method for use with the toner. Yamagishi teaches an image forming apparatus and image forming method comprising an image holding member, a charging device that charges the surface of the image holding member, an electrostatic image forming device that forms an electrostatic image on the charged surface of the image holding member, a developing device that develops the electrostatic charge image using the toner, a transferring device that transfers the toner image onto the surface of a recording medium, and a fixing device that fixes the toner image to the recording medium ([0186-188]). The image forming apparatus includes a process cartridge that is detachably attached to the image forming apparatus and includes the developing device and houses the developer ([0213-214]). The image forming apparatus also includes a toner cartridge that is detachably attached to the image forming apparatus and contains the toner ([0220]).
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 05/01/2026
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