CTNF 18/392,823 CTNF 100215 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Priority Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 2022-12-21 (JP2022-204137) and 2026-12-15 (JP2023-212233). It is noted, however, that applicant has not filed a certified copy of the application(s) as required by 37 CFR 1.55. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim s 1 - 10 are rejected under 35 U.S.C. 103 as being unpatentable over Hashimoto et al (US PGP 2021/0181647) in view of Kubo et al (US PGP 2017/0060015) (henceforth referred to as “Kubo”), further in view of Kubo et al (US PGP 2016/0130233) (henceforth referred to as “Kubo (2016)”) . Hashimoto teaches a toner having a toner particle, which contains a binder resin. The binder resin comprises a first resin, which is a crystalline resin, and a second resin, which is an amorphous resin. The toner has a domain-matrix structure, with a matrix of the first (crystalline) resin and domains of the second (amorphous) resin (Abstract). To facilitate formation of the domain-matrix structure, the first (crystalline) resin should have a content in the binder resin of 30 – 90% by mass ([0123]). The toner particles may contain a colorant ([0210]), and various example pigments are given ([0211] – [0218]). Hashimoto teaches that another resin may be included in the binder resin in order to improve pigment dispersibility ([0207]), but does not give details surrounding such a resin. Kubo teaches a toner comprising a pigment dispersant (Abstract), which can help to effect even distribution of the pigment in the toner particles, improving the charging property and durability of the toner ([0024] – [0026]). The pigment dispersant has a structure of a formula (1) bonded to a polymer moiety ([0028]). The weight-average molecular weight of the pigment dispersant is preferably 10,000 – 50,000 ([0074]), the same as the range stated in Claim 1. Kubo describes a vinyl copolymer ([0070] and page 7) having a structural unit which would be derived from a monomer of pigment adsorbing portion (A1) ([0147]). This is the same monomer as instant Compound (A1), reading on formula (1) of Claim 1. The polymer moiety to which the pigment adsorbing portion is bonded preferably contains at least one of an aromatic vinyl monomer and a (meth)acrylate-based monomer ([0063]). Kubo gives styrene as an example of an aromatic vinyl monomer ([0064]), and behenyl acrylate as an example of a (meth)acrylate-based monomer ([0065]), which reads on formula (2) of Claim 1. Kubo does not appear to teach preferred contents of each of the various polymerizable monomers in the pigment dispersant. Kubo (2016) teaches a pigment dispersant having a structure of formula (3) (which is the same as the above-mentioned formula (1)) bonded to a polymer moiety (Abstract). Kubo (2016) also describes a Compound (A1) ([0093]), the same as the above-mentioned pigment adsorbing portion (A1) and instant Compound (A1). The dispersant may be a vinyl copolymer, containing at least an aromatic vinyl monomer unit B, and a (meth)acrylate-based monomer unit C ([0034]). Styrene is given as an example monomer giving rise to unit B ([0035]), and behenyl (meth)acrylate is give as an example monomer giving rise to unit C ([0036]). Where the content, in terms of parts by mole, in the dispersant of the monomer giving rise to the structure of formula (3) is referred to as a ; the content of the monomer unit B is labeled b ; and the content of the monomer unit C is labeled c ; Kubo (2016) teaches that the ratio a /( b + c ) has a preferred range of 0.01 – 2.00 ([0037]). This would allow the content by mass of a structural unit reading on instant formula (1) to lie in the range stated in Claim 1, and would allow the content by mass of a structural unit reading on instant formula (2) to lie in the range stated in Claim 1. Having the ratio a /( b + c ) satisfy the preferred range stated above enhances the adsorption power and dispersing power of the pigment dispersant ([0037]). In preparing the toner of Hashimoto, one of ordinary skill in the art would have been motivated to improve the charging property and durability of the toner by incorporating in the binder resin the pigment dispersant taught by Kubo. Further, one of ordinary skill in the art would be motivated to enhance the adsorption power and dispersing power of the pigment dispersant by setting the contents of the various structural units in the dispersant to satisfy the range for a /( b + c ) taught by Kubo (2016). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to prepare the toner of Hashimoto, incorporating the pigment dispersant of Kubo, wherein the contents of the structural units in the pigment dispersant satisfy the range taught by Kubo (2016), resulting in a toner described by Claim 1 . As discussed above, Kubo describes a structural unit which would be derived from a monomer of pigment adsorbing portion (A1) ([0147]), giving rise to a structure in the pigment dispersant reading on instant formula (3) of Claim 2 . Where the preferred range for the ratio a /( b + c ) taught by Kubo (2016) allows for monomer compositions of the pigment dispersant similar to those of instant Sy-1 – Sy-5, each of which possesses a value for Tm of 58 - 61°C (Specification, Table 1-2), the pigment dispersant described above would necessarily possess a value for the melting point of the pigment dispersant at least overlapping the range stated in Claim 3 . As discussed above, the toner of Hashimoto has a domain-matrix structure, with a matrix of the first (crystalline) resin and domains of the second (amorphous) resin, satisfying Claim 4 . Hashimoto teaches that the first (crystalline) resin has a first monomer unit represented by a formula (1) ([0078]), corresponding to alkyl (meth)acrylates of C18 – C36 and reading on formula (4) of Claim 5 . As discussed above, the preferred range for the ratio a /( b + c ) taught by Kubo (2016) allows for monomer compositions of the pigment dispersant similar to those of instant Sy-1 – Sy-5, which possess polarity parameters (P1) in the range of 0.18 – 0.37 (Specification, Table 1-2). Hashimoto teaches that the content of the first monomer (which may be derived from behenyl acrylate) in the first (crystalline) resin is preferably 30 – 90% by mass ([0082] – [0083], [0088]). The first (crystalline) resin also contains a second monomer unit ([0101]), which may be derived from (meth)acrylonitrile ([0103]). Hashimoto teaches that the content of the second monomer unit in the first resin is preferably 0.1 – 70% by mass ([0112]). The first resin further contains a third monomer unit, which may be derived from styrene ([0114]). Hashimoto teaches that the content of the third monomer unit in the first resin is preferably 10 – 50% by mass ([0116]). These ratios allow the first (crystalline) resin of Hashimoto to have a composition substantially similar to instant crystalline resins C-1 and C-2, which possess polarity parameters (P2) of 0.28 and 0.40 (Specification, Table 2). The possible ranges of P1 and P2 for the pigment dispersant of Kubo and the first (crystalline) resin of Hashimoto, respectively, allow the difference between the two to be 0.10 or less, satisfying the inequality stated in Claim 6 . Kubo teaches that the toner particles may contain a release agent, and gives dipentaerythritol hexastearate as an example ([0101]). This is the same wax used in almost all preparative examples disclosed in the instant application (Specification, Table 3-1, Table 4-1, Table 5-1, and Table 6-1), which satisfies Claim 7 , Claim 8 , and Claim 9 . Hashimoto gives as examples of pigments carbon black ([0211]); C.I. Pigment Red 31, 122, 150, and 269 ([0212]); C.I. Pigment Blue 15:3 and 15:4 ([0214]); and C.I. Pigment Yellow 74, 93, 155, 180, and 185 ([0216]), reading on the group listed in Claim 10 . Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Grant S Seiler whose telephone number is (571)272-3015. The examiner can normally be reached 9:30 - 5:30 Pacific. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Johnson can be reached at 571-272-1177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /GRANT STEVEN SEILER/Examiner, Art Unit 1734 /PETER L VAJDA/Primary Examiner, Art Unit 1737 06/11/2026 Application/Control Number: 18/392,823 Page 2 Art Unit: 1734 Application/Control Number: 18/392,823 Page 3 Art Unit: 1734 Application/Control Number: 18/392,823 Page 4 Art Unit: 1734 Application/Control Number: 18/392,823 Page 5 Art Unit: 1734 Application/Control Number: 18/392,823 Page 6 Art Unit: 1734 Application/Control Number: 18/392,823 Page 7 Art Unit: 1734
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