DETAILED ACTION
Response to Arguments
Applicant’s arguments, see the Response, filed 4/30/2026, with respect to Tomohiro 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 Therefore, the rejection has been withdrawn.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 below.
Applicant argues that Ishii teaches away from the claimed invention, as the viscoelasticity requires a massive drop at high strain values. However, this drop occurs at strain values above 50%. There are no limitations to claim 1 that express the viscoelastic properties at strain values higher than 50%. The minimum value of the storage modulus of Ishii occurs in the range of 50% to 200%, and as shown in Figure 16 and Table 4, the minimum point for exemplary toner 1 is at 158.2% strain. The difference between the storage modulus at the minimum point of 158.2% strain and the storage modulus at 10% strain is only 719 Pa (Table 4). The difference between the storage modulus at 10% strain and 50% strain appears to be less than half of this value. This is a similar difference as between 1% strain and 50% strain, as the storage modulus at 1% strain and 10% strain appear to be very similar. This small decrease would not be expected to translate to a large difference between the loss tangents at each claimed strain value.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 14 and 15 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claims 14 and 15 are dependent on claims 5 and 6, respectively. As claims 5 and 6 have been cancelled, claims 14 and 15 are in improper dependent form. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
Claims 1-4, 7-13, and 16-21 are rejected under 35 U.S.C. 103 as being unpatentable over Sekiguchi (US PGP 2014-0255840) in view of Ishii (JP 2004-333968), further in view of Zhou (US PGP 2010-0055598), and further in view of Kinoshita (US PGP 2012-0115078).
Sekiguchi teaches a toner comprising a binder resin wherein the storage modulus of the toner at 90°C is less than 1.0x105 and the storage modulus at 180°C is greater than 1.0x103 (Figure 1, [0023], Abstract). The toner includes an external additive ([0204]). Sekiguchi further teaches that the toner comprises a crystalline polyester resin ([0048]), in an amount from 1 to 15 parts by weight ([0100]). In addition to the crystalline polyester resin, the toner further comprises a non-crystalline polyester resin ([0141]). The toner has a loss tangent of 1.0 to 2.5 ([0067]). Figures 1 and 2 demonstrate that the loss tangent is within this range at both 90°C and 150°C. Additionally, Sekiguchi teaches that the THF soluble component of the toner has a number average molecular weight of 1,000 to 10,000 ([0018]). Sekiguchi teaches an image forming apparatus comprising a toner cartridge and a process cartridge that read on claims 10-13 and 17-19 and which are capable of performing the image forming method recited in claim 20 ([0210-231]). While Sekiguchi teaches the above loss tangent properties of the toner, Sekiguchi is silent regarding the strain applied during the measurement of the properties. Additionally, the toner is taught to be paired with magnetic carrier particles, but is silent regarding a true specific gravity of the particles.
Ishii teaches a toner comprising a binder resin with specific viscoelastic properties (Abstract). Ishii teaches that the storage modulus and loss tangent with regard to strain is a result effective variable that may be used to optimize high-temperature offset resistance ([0030-32]). Regarding the relationship between the storage modulus and strain, Figure 16 shows that the difference in storage modulus at strain levels 1% to 10% is relatively unchanged, and that a slight decrease in storage modulus is encountered at a strain level of 50%. Such a relationship would be expected to give ratios of loss tangent values at strain values of 1% and 50% at different temperatures within the ranges taught in pending claim 1. 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 toner of Sekiguchi to have optimized the relationship between loss tangent values at different strain values in the toner as taught by Ishii in order to optimize high-temperature offset resistance.
Zhou teaches a toner including a gel, which may be present in both the core and shell, which prevents the crystalline resin from migrating to the toner surface (Abstract). The gel may include crosslinked resin particles ([0042]). The crosslinked resin may by a copolymer of styrene and acrylates ([0035]), and Example 1 includes a polymer gel comprising styrene, n-butyl acrylate, divinylbenzene, and β-CEA ([0130]). This is a similar composition to the specific resin particle dispersion 1 of the instant application, and as such the properties of the resin particles would be expected to satisfy the limitations of claim 21. The inclusion of these crosslinked resin particles improves the charging and gloss properties of the toner ([0016]). 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 toner of Sekiguchi and Ishii to have included crosslinked resin particles in order to improve these characteristics.
Kinoshita teaches a magnetic carrier comprising composite core particles comprising ferromagnetic iron oxide particle and a cured phenol resin, and a melamine resin coating layer on the core particles (Abstract). The carrier is capable of maintaining a suitable electric resistance value upon development, exhibiting good durability, obtaining a good reproducibility of uniform solid images having a high image density, and keeping high-quality images having an excellent gradation for a long period of time ([0001]). The carrier further comprises a resin coating layer on the outer surface of the melamine resin layer ([0029]). The true specific gravity of the carrier is preferably 3.0 to 4.0 g/cm3 ([0052]). A true specific gravity in this range tends to reduce the energy upon impingement between the toner and the carrier, thereby avoiding the occurrence of spent toner ([0014]). The content of the ferromagnetic iron oxide fine particles in the carrier is preferably 80% to 99% by weight in order to produce a particle that is not too coarse, while maintaining sufficient strength of the particle ([0056]). 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 used the carrier of Kinoshita with the modified toner of Sekiguchi, Ishii, and Zhou in order to obtain the above benefits. Furthermore, it would have been obvious to a person of ordinary skill in the art at the time of the effective filing sate to have optimized the loss tangent at 90°C and the true specific gravity in order to perfect the result effective variables associated with each.
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 07/27/2026
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