DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Arguments
The applicant’s arguments submitted in the Response filed 11/21/2025 has been received and considered. The arguments submitted in said Response are found to be persuasive in overcoming the previously applied rejections. Further search and consideration has revealed new prior art necessitating new rejections as set forth below.
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.
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.
Claim(s) 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2020-132778 (henceforth JP ‘778) in view of Sasaki et al. (US PGP 2010/0196817) and further in view of Suzuki et al. (US PGP 2018/0259864).
JP ‘778 teaches a hydrophobic polymethylsilsesquioxane (PMSS) particle used as an external additive for a toner (Abstract and [0031]). The PMSS particles are taught to have an average particle diameter of from 1 to 100 nm ([0024]). JP ‘778 further teaches a suitable toner comprising a binder resin and a colorant and PMSS in an amount of 0.5 parts by weight ([0039]). The toner is taught to comprise a wax ([0215]). JP ‘778 does not teach that a circularity value for the toner nor that the toner contain a release agent nor does JP ‘778 teach a suitable image forming apparatus or imaging method.
Suzuki teaches a toner comprising toner mother particles comprising a binder resin, a release agent and a colorant (Abstract). The toner mother particles are further taught to have a circularity of 0.95 or less in order improve cleanability and prevent contamination of a photoconductor surface ([0057-58]). Additionally, the toners are taught to comprise a polyester binder resin in order to improve low-temperature fixability and environmental safety ([0024-28]). In embodiments the polyester resin constitutes 94 parts by weight of the toner (Table 3) and the release agent is taught to be present in an amount of 4 to 8 parts by mass of the toner ([0030]). Additionally, the toner is taught to be combined with a carrier particle to form a two component developer ([0049]).
Sasaki teaches a toner comprising a binder resin and a release agent and further teaches an image forming apparatus and process cartridge for developing such a toner as well as a toner cartridge for housing such a toner. It is taught that the inclusion of a release agent allows for the fixed image to have sufficient releasing property ([0102-104]). The image forming apparatus is taught to comprise a photoreceptor, a charging unit for charging the photoreceptor, an exposure unit for forming a latent image, a developing unit for developing the latent image with toner, a transfer unit for transferring the developed image to a substrate and a fixing unit for fixing the transferred image to the substrate ([0145-147]). Additionally, the process cartridge is taught to comprise at least one of the units of the image forming apparatus described above and the toner cartridge is taught to house the toner ([0148-155]). Mizutani also teaches an image forming method utilizing such an apparatus comprising the steps outlined above in describing the functions of the various components of the image forming apparatus ([0131-144]).
Therefore, both JP ‘778 and Sasaki teach toner particles for use in an image forming apparatus and image forming method but JP ‘778 does not teach the specific steps of such a method or the necessary components of such an apparatus. As such, one of ordinary skill in the art at the time of the invention would have been motivated to look to the prior art to determine what said steps and components were. Therefore, it would have been obvious to any person of ordinary skill in the art at the time of the effective filing date of the instant invention to have utilized the release agent of Sasaki in the toner of JP ‘778 in order to impart the toner of JP ‘778 with the benefits associated therewith, to have imparted the toner with a circularity value taught by Suzuki to improve cleanability and to have utilized the resulting toner in the image forming method and image forming apparatus taught by Sasaki et al.
Claim(s) 1-2, 6, 8-12, 14 are rejected under 35 U.S.C. 103 as being unpatentable over EP 3 674 806 (henceforth EP ‘806) in view of Suzuki et al. (US PGP 2018/0259864).
EP ‘806 teaches a toner comprising a binder resin and an external additive. The external additive is taught to comprise a first and second type of particle, wherein external additive B is taught to be a hydrophobic polymethylsilsesquioxane (PMSS) with a particle size or around 15 nm ([0089] and [0206]). The toner is taught to comprise a binder resin, a colorant and a release agent ([0213-220]). The content of the PMSS particles is taught to be from 0.25 to 5.00 parts by mass of the toner particles ([0091]). The binder resin is taught to be a polyester binder resin ([0105]) EP ‘806 does not teach a circularity of the toner particles.
Suzuki teaches a toner comprising toner mother particles comprising a binder resin, a release agent and a colorant (Abstract). The binder resin is taught to be a polyester resin for improving low-temperature fixability and environmental safety ([0024-28]). The release agent is taught to be an ester wax in the amount of 4 to 8 parts by mass of the toner in order to prevent exudation of the wax to the surface of the toner thereby improving releasability, low temperature fixability and hot offset resistance ([0030]). In embodiments Suzuki teaches that the binder resin should comprise 88% by weight of the toner (see Table 3). The toner mother particles are further taught to have a circularity of 0.95 or less in order improve cleanability and prevent contamination of a photoconductor surface ([0057-58]). Therefore, it would have been obvious to any person of ordinary skill in the art at the time of the filing date of the instant application to have imparted the toner particles of EP ‘806 with a circularity value of 0.95 or less and to have followed the guidance on the content of the binder resin and release agent as taught by Suzuki in order to impart the toner particles with improved cleanability, low temperature fixability and hot offset resistance.
Claim(s) 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over EP 3 674 806 (henceforth EP ‘806) in view of Suzuki et al. (US PGP 2018/0259864) and further in view of Sasaki et al. (US PGP 2010/0196817).
The complete discussions of EP ‘806 and Suzuki above are included herein. EP ‘806 does not teach an image forming apparatus of an image forming method for the toner particles.
Sasaki teaches a toner comprising a binder resin and a release agent and further teaches an image forming apparatus and process cartridge for developing such a toner as well as a toner cartridge for housing such a toner. It is taught that the inclusion of a release agent allows for the fixed image to have sufficient releasing property ([0102-104]). The image forming apparatus is taught to comprise a photoreceptor, a charging unit for charging the photoreceptor, an exposure unit for forming a latent image, a developing unit for developing the latent image with toner, a transfer unit for transferring the developed image to a substrate and a fixing unit for fixing the transferred image to the substrate ([0145-147]). Additionally, the process cartridge is taught to comprise at least one of the units of the image forming apparatus described above and the toner cartridge is taught to house the toner ([0148-155]). Mizutani also teaches an image forming method utilizing such an apparatus comprising the steps outlined above in describing the functions of the various components of the image forming apparatus ([0131-144]).
Therefore, both EP ‘806 and Sasaki teach toner particles for use in an image forming apparatus and image forming method but EP ‘806 does not teach the specific steps of such a method or the necessary components of such an apparatus. As such, one of ordinary skill in the art at the time of the invention would have been motivated to look to the prior art to determine what said steps and components were. Therefore, it would have been obvious to any person of ordinary skill in the art at the time of the effective filing date of the instant invention to have utilized the toner of EP ‘806, modified as set forth above by Suzuki, in the image forming method and image forming apparatus taught by Sasaki et al.
Claim(s) 7 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over EP 3 674 806 (henceforth EP ‘806) in view of Suzuki et al. (US PGP 2018/0259864) as applied to claims 1-2, 6, 8-12, 14 above, and further in view of JP 2016-170345 (henceforth JP ‘345).
The complete discussion of EP ‘806 and Suzuki above are included herein. EP ‘806 teaches the inclusion of a charge control agent in the toner but does not teach the use of an azo iron dye.
JP ‘345 teaches a toner comprising an azo iron dye charge control agent (see the Abstract and Description of Embodiments sections of the provided translation). The azo iron dye charge control agent is taught by JP ‘345 is taught to be extremely effective in improving the resistance to cracking of the toner (see the Description of Embodiments sections of the provided translation). Therefore, it would have been obvious to any person of ordinary skill in the art at the time of the filing date of the instant application to have imparted the toner particles of EP ‘806 modified as set forth above by Suzuki with the azo iron dye charge control agent of JP ‘345 in order to impart the toner particles with improved cleanability, low temperature fixability, hot offset resistance and resistance to cracking.
Claim(s) 15-16 rejected under 35 U.S.C. 103 as being unpatentable over EP 3 674 806 (henceforth EP ‘806) in view of Suzuki et al. (US PGP 2018/0259864) and further in view of Sasaki et al. (US PGP 2010/0196817) as applied to claims 3-5 above, and further in view of JP 2016-170345 (henceforth JP ‘345).
The complete discussions of EP ‘806, Suzuki and Sasaki above are included herein. EP ‘806 teaches the inclusion of a charge control agent in the toner but does not teach the use of an azo iron dye.
JP ‘345 teaches a toner comprising an azo iron dye charge control agent (see the Abstract and Description of Embodiments sections of the provided translation). The azo iron dye charge control agent is taught by JP ‘345 is taught to be extremely effective in improving the resistance to cracking of the toner (see the Description of Embodiments sections of the provided translation).
Therefore, both EP ‘806 and Sasaki teach toner particles for use in an image forming apparatus and image forming method but EP ‘806 does not teach the specific steps of such a method or the necessary components of such an apparatus. As such, one of ordinary skill in the art at the time of the invention would have been motivated to look to the prior art to determine what said steps and components were. Therefore, it would have been obvious to any person of ordinary skill in the art at the time of the effective filing date of the instant invention to have utilized the toner of EP ‘806, modified as set forth above by Suzuki with the azo iron dye charge control agent taught by JP ‘345 in the image forming method and image forming apparatus taught by Sasaki et al.
Claim(s) 17 is rejected under 35 U.S.C. 103 as being unpatentable over EP 3 674 806 (henceforth EP ‘806) in view of Suzuki et al. (US PGP 2018/0259864) and further in view of Sasaki et al. (US PGP 2010/0196817) and further in view of JP 2016-170345 (henceforth JP ‘345) as applied to claims 15-16 above, and further in view of Mang et al. (US PGP 2008/0241728).
The complete discussions of EP ‘806, Suzuki, Sasaki and EP ‘345 above are included herein. While EP ‘806 teaches the inclusion of a wax in the toner, EP ‘806 does not each the use of a carnauba wax.
Mang teaches a toner comprising a polyester binder resin, a colorant, a charge control agent and a carnauba wax (Abstract). The inclusion of carnauba wax in the toner is further taught to increase the glass transition temperature of the toner thereby resulting in desirable toner properties such as a low melting temperature and a reduction in toner build up ([0001]). Therefore, it would have been obvious to any person of ordinary skill in the art at the time of the effective filing date of the instant invention to have utilized the toner of EP ‘806, modified as set forth above by Suzuki with the azo iron dye charge control agent taught by JP ‘345 and the carnauba wax of Mang and to have used said modified toner in the image forming method and image forming apparatus taught by Sasaki et al.
Conclusion
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/PETER L VAJDA/Primary Examiner, Art Unit 1737 02/24/2026