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 Amendment
The amendment field 2/6/2026 has been entered. Claims 1-7 and 10 remain pending. Claim 1 is amended. Claims 8-9 are cancelled. Claims 11-18 have been added.
Response to Arguments
Applicant’s arguments, see page 5-6, filed 2/6/2026, with respect to the rejection(s) of claim(s) 1-7, and 10 under 35 USC 102(a)(1) and 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Mizutani (US 20060216627) in view of Sumioka (US 20140134532).
Applicant argues Honda does not disclose or teach an amorphous polyester comprising an adduct of bisphenol A with 1 mol of ethylene oxide, as specified by the amended claim. Examiner agrees, Honda only teaches the 1 mol ethylene oxide adduct in the comparative example 3, which would not meet the SP value limitation. Furthermore, Honda teaches the number of moles of the alkylene oxide added to bisphenol A is 2 or more to produce good results. Mizutani discloses a toner comprising a toner comprising an amorphous polyester resin produced using the 1 mol ethylene oxide adduct of bisphenol A. Sumioka teaches a toner comprising a binder resin having an SP value of 11-12, with an outer layer comprising a shell layer with an SP value of 0.3-1.4 less than the binder.
Applicant’s arguments, see page 6, filed 2/6/2026, with respect to claims 8-9 have been fully considered and are persuasive. The rejection of claims 8-9 has been withdrawn.
Claims 8-9 have been cancelled, the rejections are withdrawn.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4, 7, 10-13, 15-16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Mizutani (US 20060216627) in view of Sumioka (US 20140134532) .
Regarding claims 1-4 and 11, Mizutani discloses a toner comprising an amorphous polyester using the ethylene oxide adduct of bisphenol A, specifically the 1 mol adduct (abstract, [0031]-[0036], [0060], Table 1 page 14). Mizutani further discloses the number average molecular weight of the amorphous polyester is 2,000 to 10,000, when measuring the THF soluble matter ([0077], [0080]). Mizutani further discloses the ratio of the weight average molecular weight to the number average molecular weight (Mw/Mn) is 1.5-50 ([0077]). One of skill in the art would recognize the main peak in a molecular weight distribution would be expected to be close to the number average molecular weight for a normal distribution, and as the ratio of Mw/Mn approaches 1, the smaller the width of the weight distribution. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date would expect a polyester having a number average molecular weight of 2,000 to 10,000 to have a main peak between 4,000 to 4,500. Mizutani further discloses the toner comprises a release agent selected from several petroleum based waxes including Fischer Tropsch wax, and is used in an amount of preferably 2-10% by weight of the toner ([0113]-[0116]). However, Mizutani does not disclose the specific SP value of the polyester, or inclusion of a styrene resin with an SP value of 9.5-10.5.
Sumioka teaches a toner comprising a core including binder resin and shell, with the SP value of the binder resin (SPC) preferably 11-12, and the difference between the SP value of the binder, and the SP value of the shell (SPT) equal to 0.3-1.4 (ΔSP1) (Abstract, [0033]). Sumioka further teaches the binder resin is polyester (Claim 2, [0019], [0022]). Sumioka further teaches the shell layer is preferably an acrylic or styrene based resin ([0068]). The range for SpT can be calculate using the values for SPC and ΔSP1 as 11-1.4 to 12-0.3, or 9.6 to 11.7. Sumioka further teaches controlling the ΔSP1 prevents the shell from peeling off, while maintaining low temperature fixability ([0014]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to ensure the SP value of the polyester of Mizutani is between 11-12, and comprises a styrene based shell with a SP value of 9.6-11.7, as taught by Sumioka, to prevent peeling and maintain low temperature fixability.
Regarding claim 7, modified Mizutani discloses all limitations as set forth above. Mizutani further discloses a developer using the toner ([0003], [0025]).
Regarding claim 10, modified Mizutani discloses all limitations as set forth above. Mizutani further discloses an image forming method using the toner, ([0003], [0025]). The method comprises forming an electrostatic latent image on a latent image holding member, developing the latent image with a developer to form a toner image, transferring the toner image onto a recording medium, and thermally fixing the toner to the recording medium ([0034]).
Regarding claim 12-13, 15-16, and 18, modified Mizutani discloses all limitations as set forth above. Sumioka further teaches the toner comprises 3-15 % by mass colorant, 8-20 % by a mass release agent, 1.5-15 % by mass charge control agent, 10-35 parts per 100 parts binder of inner layer, and 15-50 parts per 100 parts binder of outer layer ([0054], [0058], [0065], [0084], [0090]). Therefore the amount of amorphous polyester resin, P, can be calculated as 100-3-8-1.5 = P+0.10P+0.15P to 100-15-20-15 = P+0.35P+0.50P, or 87.5 = 1.25P to 50 = 1.85P, or P = 70-27 % by mass of the toner. When P is 70 % by weight, the amount of inner liner is 10% that of the binder, therefore 7 % of the toner by weight.
Claims 5 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Mizutani (US 20060216627) in view of Sumioka (US 20140134532) as applied to claims 1 and 3 above, and further in view of Imai (JP 2009229697).
Regarding claims 5 and 14, modified Mizutani discloses all limitations as set forth above. However, Mizutani does not disclose the SP value of the release agent.
Imai teaches a toner comprising a wax with a SP value of 8.2 or more (abstract, [0009], [0052]). Imai further teaches using a wax with a solubility parameter of 8.2 or higher ensures the compatibility of the wax with polyester resins during wet manufacturing is improved, and improves particle size distribution ([0012]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to ensure the toner of modified Mizutani uses a wax with a solubility parameter of 8.2 or more, as taught by Imai, to improved its compatibility with the polyester resin.
Claims 6 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Mizutani (US 20060216627) in view of Sumioka (US 20140134532) as applied to claims 1 and 16 above, and further in view of Mitsui (JP 2007264222).
Regarding claims 6 and 17, modified Mizutani discloses all limitations as set forth above. However, Sumioka does not specifically teach the styrene resin comprises styrene-α-methylstyrene.
Mitsui teaches a toner comprising an aromatic petroleum resin and a synthetic hydrocarbon wax, such as a Fischer Tropsch wax, mixed in a polyester binder can achieve a higher degree of dispersion of the wax than with a polyester binder and Fischer-Tropsch wax alone ([0006]-[0008]). Mitsui further teaches the inclusion of the aromatic petroleum resin can improve the durability and fixation of the toner ([0008]). Mitsui further teaches the aromatic hydrocarbon petroleum resin used is “FTR-2140”, a α-methylstyrene type resin ([0032], [0038]-[0040]). FTR-2140 is also the same styrene resin used in the Examples in the Instant Application (Instant Specification page 21 line 5). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to use FTR-2140 as the styrene resin in the toner of Mizutani to improve the durability and fixation of the toner, as taught by Mitsui.
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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/C.C.S./Examiner, Art Unit 1737
/AMBER R ORLANDO/Supervisory Patent Examiner, Art Unit 1731
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