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 .
Election/Restrictions
Applicant’s election without traverse of Group I, representing Claims 1 – 14 and 16 – 20, in the reply filed on 2026-04-16 is acknowledged.
Claim 15 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, drawn to an image forming method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2026-04-16.
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.
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.
Claims 1 – 14, 16, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa et al (US PGP 2018/0314175) in view of Ishizuka et al (US PGP 2020/0292950).
Ishikawa teaches a white toner comprising a toner particle and an external additive, wherein the toner particle comprises a binder resin and a white colorant (Abstract). The toner particles preferably have a volume-based median diameter of 4 – 12 µm ([0073]), reading on the range stated in Claim 1. Ishikawa teaches that a known inorganic fine particle and a known organic fine particle may be used in combination as external additives ([0062]). Organic fine particles may be a homopolymer of methyl methacrylate ([0067]), and the addition amount of external additives may be in the range of 0.1 – 10.0 parts by mass relative to 100 parts of toner particles ([0068]), reading on the range stated in Claim 1.
Ishikawa teaches that the toner particles may be produced by a pulverizing method, and emulsion aggregation method, or a suspension polymerization method ([0081]). As part of the pulverizing method, a step of classifying the resultant fine powder is given ([0086]), which would minimize the fraction of toner particles having a diameter of 3.2 µm or less.
Ishikawa does not appear to teach a preferred specific surface area of the toner particles.
Ishizuka teaches a toner comprising toner particles, which contain a binder resin, and an external additive, which contains silica particles (Abstract). White toner particles are given as an example of the toner particles ([0054]). An external additive included in addition to silica particles may be resin particles, and a homopolymer of methyl methacrylate is given as an example ([0155]). Ishizuka teaches that the measured specific surface area of the toner particles is preferably 0.5 – 10 m2/g, which helps to suppress contamination of a recording medium ([0120]).
In preparing the toner of Ishikawa, one of ordinary skill in the art would have been motivated to suppress contamination of a recording medium by controlling the specific surface area of the toner particles in the range taught by Ishizuka. In addition, by following the pulverization and classification procedures taught by Ishikawa, the resulting toner would have a minimal fraction of toner particles having a diameter of 3.2 µm or less, and, in the course of routine experimentation, would necessarily have such a fraction lying in the range stated in Claim 1. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to prepare the toner of Ishikawa, wherein the toner particles have a specific surface area controlled in the range taught by Ishizuka, which encompasses the range stated in Claim 1.
In the course of routine experimentation, the toner would necessarily possess a fraction of toner particles having a diameter of 3.2 µm or less lying in the range stated in Claim 2.
Ishikawa teaches a preferred diameter for the externally added organic fine particles (which may be poly(methyl methacrylate)) of 10 – 2,000 nm, encompassing the range stated in Claim 3.
Ishikawa teaches that inorganic fine particles may be included as an external additive ([0062]), and gives silica particles as an example ([0063]). A large-diameter silica particle may be used, having a number-average diameter of 80 – 200 nm ([0066]), encompassing the range stated in Claim 4.
Where the Ishikawa’s externally added organic fine particles may have a number-average diameter of 10 – 2,000 nm, and the externally added silica particles may have a number-average diameter of 80 – 200 nm, the ratio of the number-average diameters of the externally added organic and inorganic fine particles may lie in the range of 0.05 – 25. This would correspond to a ratio of the volume-average diameters having a range encompassing the range stated in Claim 5.
10
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0.05
2,000
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80
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25
Ishikawa teaches that the addition amount of external additives may be in the range of 0.1 – 10.0 parts by mass relative to 100 parts of toner particles ([0068]), allowing the addition amount of silica particles to encompass the range stated in Claim 6.
Ishikawa teaches a fusion step as part of the emulsion aggregation method of forming toner particles, which controls the shape of the particles ([0089]). According to the instant application, the average circularity of the toner particles having a diameter of 3.2 µm or less is affected by control of the temperature at this step (Specification, [0049]). Therefore, in the course of routine experimentation, one of ordinary skill in the art would have prepared white toner particles satisfying the inequality stated in Claim 7. Similarly, in the course of routine experimentation, one of ordinary skill in the art would have produced white toner particles having a difference in the average circularity of the toner particles with diameter greater than 3.2 µm and those with a diameter of 3.2 µm or less lying in the range stated in Claim 8.
Ishikawa teaches that the white toner may be used as a non-magnetic single-component developer, or may be mixed with a carrier and used as a two-component developer, satisfying Claim 9, Claim 10, and Claim 11.
Ishizuka teaches a toner cartridge which contains toner and is detachably attached to an image forming apparatus ([0240]), satisfying Claim 12.
Ishikawa teaches a process cartridge which is detachably attached to the main body of an image forming apparatus ([0147]), satisfying Claim 13.
Ishikawa describes an image forming apparatus comprising image forming units ([0133]). These comprise a photoreceptor (analogous to an image holding member), a charging means, an exposing means (analogous to an image forming section), a developing means, and a transferring means ([0134]). The apparatus also comprises a fixing means ([0133]), satisfying Claim 14.
Ishikawa teaches at least one colored toner other than the white toner ([0103]) for use alongside the white toner in the image forming method. Together, the white and colored toner are analogous to a toner set described by Claim 16.
The average circularity of the toner particles of the colored toner is preferably 0.951 – 0.990 ([0104]). Ishikawa teaches a preferred average circularity of the white toner particles in the range of 0.870 – 0.950 ([0029]), allowing the values for the average circularity of the two types of toner particles to satisfy the inequality stated in Claim 19.
In addition, the difference between the average circularity of the colored toner particles and the white toner particles may lie in the range 0.001 – 0.120, encompassing the range stated in Claim 20.
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0.001
0.990
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0.870
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0.120
Claims 17 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa et al (US PGP 2018/0314175) in view of Ishizuka et al (US PGP 2020/0292950), further in view of Uchinokura et al (JP 2002-278143) (machine translation of which is referred to herein).
The above discussions of Ishikawa and Ishizuka are incorporated herein.
In the description of the image forming process performed by the image forming device, Ishikawa lists image forming unit 10W first in the sequence of image forming units ([0149]). The image forming unit 10W forms a white image ([0134]) using a white toner ([0141]). Therefore, the white toner in Ishikawa’s embodiment would be considered a first toner in the sequence. While Ishikawa teaches that the external additives impart flowability to the toners ([0056]), Ishikawa does not appear to teach different addition amounts of external additives to the first or later toners in a toner set.
Uchinokura teaches an image forming method and apparatus ([0021]) which use color toners ([0023]), which include at least yellow, cyan, and magenta ([0024]). Uchinokura discusses the development of successive toner images on an image bearing member ([0024] – [0027]), rendering the collection of colored toners used analogous to a toner set. Uchinokura teaches that the toners each contain at least a binder resin, a colorant, and external additives ([0025]). Uchinokura teaches that toners earliest in the development order (analogous to a first toner) have a larger addition amount of external additive than toners later in the development order (analogous to second toners) ([0025] – [0027]). Uchinokura links addition of external additives to the fluidity of the toner ([0006], [0012], [0062], [0065]), which in turn affects the phenomena of transfer omission and dust image ([0023]).
In preparing the toner set of Ishikawa having the specific surface area of the toner particles controlled in the range taught by Ishizuka, one of ordinary skill in the art would have been motivated to suppress transfer omission and dust images by setting the relative amounts of external additives added to the first and later toners as taught by Uchinokura. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to set the addition amount of externally added organic particles on the white toner (the first toner) greater than the addition amount of externally added organic particles on a color toner, satisfying Claim 17.
In the course of routine experimentation, one of ordinary skill in the art would have set the addition amount of externally added organic particles on the white toner to be greater than the addition amount of externally added organic particles on a color toner, such that the difference between the two values read on the range stated in Claim 18.
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.
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/GRANT STEVEN SEILER/Examiner, Art Unit 1734
/PETER L VAJDA/Primary Examiner, Art Unit 1737 05/12/2026
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