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 .
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 Tsuda (US 20210003932).
Regarding claim 1, Tsuda discloses a toner including a binder resin, and fine particles A and B on the surface, Fine particles A being a fatty acid metal salt (abstract, [0019]-[0021]). Tsuda further discloses various release agents may be used including saturated fatty acid monoesters such as stearyl stearate and behenyl behenate ([0156]-[0157]). Tsuda further discloses the coverage ratio of the toner surface by fine particles A is denoted by E (%), and is preferably 0.3-40% (aka 0.003-0.4), measured by X-ray photoelectron spectroscopy ([0026], [0079]-[0081], [0211]-[0212]). Tsuda further discloses the ratio, D/C, as the “theoretical coverage ratio”. With D representing the amount of fine particles A with respect to 100 parts by mass of toner to C, representing an average theoretical surface area of the toner particles having the number average particle diameter. The “theoretical coverage ratio” D/C is between 0.03-1.50 ([0077]-[0079], [0082]). Tsuda further discloses formula (2), E/(D/C) ≤50.00, representing the degree of actual coverage with respect to the theoretical coverage ratio ([0079], [0082]).
Tsuda does not disclose the coverage ratio of the fatty acid metal salt as determined by scanning electron microscope, S(A) ≥ 0.03, or the ratio of S(A)/X(A). However, one of skill in the art would expect the “degree of actual coverage” disclosed by Tsuda to align with the coverage ratio measured by a scanning electron microscope. In view of this E/(D/C) ≤ 50, when adjusted to account for E being listed as a % would be E/(D/C) ≤ 0.5 would read on the limitations S(A)≥0.03 of the instant claim. Furthermore, while Tsuda states a lower limit for the “degree of actual coverage” is not particularly limited, 3.0 or more is preferable, again converting from % the value would be 0.03 or more.
In view of the specified range of coverage measured by XPS noted above, a value corresponding to S(A)/X(A) from the Instant Claim, can be calculated as 0.3/.4 to 0.5/0.003, or 0.075 to 167, which fully encompasses the range of the limitation of formula (3) in the Instant Claim 1.
Regarding claims 2-5, Tsuda discloses all limitations as set forth above. Tsuda further discloses examples of fatty acid metal salts including zinc stearate, calcium stearate, magnesium stearate, aluminum stearate, lithium stearate, and zinc laurate ([0076]). Tsuda further specifies the fatty acid metal salt particles A1 are produced by reacting sodium stearate with zinc sulfate, resulting in zinc stearate ([0289]-[0292], Table 2 page 16). Other fatty acid metal salts used in the examples include calcium stearate, lithium stearate and zinc laurate ([0293]-[0303], Table 2 page 16). Zinc stearate, a salt of stearic acid, has the same number of carbon atoms (18) as the alcohol ad fatty acid of stearyl stearate (both 18).
Regarding claims 6-8, Tsuda discloses all limitations as set forth above. Tsuda further discloses the toner also includes fine particles B present on the surface of the toner (abstract, [0020]). Tsuda further discloses in observation of the toner by a transmission electron microscope, a proportion F of an area occupied by a part of the fine particle B in a surface vicinity region of the cross section is 50% by area or more. This reads on the limitation of the Instant Claim 8, as defined by the Instant Specification “the inorganic fine particle is deemed to be unevenly distributed in the vicinity of the toner particle surface in a case where the value A is 30% or higher.” A being defined as the area ratio of the magnetic body (aka inorganic fine particles) in the vicinity of the surface (Instant Specification page 54-55). Tsuda further discloses the fine particles B are metal oxide particles, preferably strontium titanate, and may be surface treated to impart hydrophobicity ([0097]-[0099]). The specific examples treat the particles using isobutyltrimethoxysilane or octyltriethoxysilane ([0304]-[0320]).
Regarding claim 9, Tsuda discloses all limitations as set forth above. Tsuda further discloses
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Tsuda (US 20210003932) as applied to claim 1 above, and further in view of Matsui (US 9904195).
Regarding claims 9-10, Tsuda discloses all limitations as set forth above. Tsuda further discloses the toner is to be used in an image forming method such as an electrophotographic method ([0001]). Tsuda further discloses a method of producing the toner my mixing the toner particles with fine particles B1, followed by adding fine particles A1 (aka the fatty acid metal salt particles) ([0323]-[0326]). However, Tsuda does not disclose the mixing apparatus used to treat the toner particles and fatty acid metal salt, or a specific image forming method.
Matsui teaches a method of producing a toner using a specific mixing treatment device having a gap between the body casing, #301, and the stirring members, #303, which are attached to the rotary body, #302. The rotary body is connected to the rotary body, driving it rotationally. (Col 25 line 27-34, Fig 7 and 8). Matsui further teaches some of the stirring members, #303a, feed the toner particles in one direction axially as the rotating body rotates, while other stirring members, #303b, return the particles in the other direction while the rotary body rotates (Col 24 line 29-33, Fig. 8). Furthermore, Fig 7 and 8 in Matsui are identical, other than their numbering, to that of Fig. 1 and 2 of the Instant Application, which show the mixing process apparatus.
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Matsui further teaches mixing performed in a device such as the one depicted in figure 7 enable easy control of the coverage ratio and diffusion state of the external additives (Col 23 line 25-32). 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 Tsuda is produced using a mixing treatment device, as taught by Matsui, to ensure proper control of the coverage ratio and diffusion stat of the external additives.
Matsui further teaches an image formation method, including charging an electrostatic latent image bearing member, forming an electrostatic latent image on the charged surface, developing the latent image with the toner, transferring the toner image and fixing the toner image (Col 3 line 20-36).
Conclusion
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/C.C.S./ Examiner, Art Unit 1737
/MARK F. HUFF/ Supervisory Patent Examiner, Art Unit 1737