DETAILED ACTION
Response to Arguments
Applicant’s arguments, see the Response, filed 7/17/2026, with respect to the rejection(s) of claim(s) 1-8 and 12-14 under 35 U.S.C 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 Therefore, the rejection has been withdrawn.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 below.
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 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kazuki (JP 2020-064140) in view of Moroiwa (EP 2578611).
Kazuki teaches a toner comprising a crystalline resin, an amorphous resin, and a release agent (Abstract). The crystalline and amorphous resins are polyester resins ([0038]). The amorphous polyester resin is comprised of an acid component and an alcohol component, wherein the acid component may contain a linear alkane dicarboxylic acid such as sebacic acid ([0042]). The crystalline polyester resin comprises a linear alkanediol having 5 to 10 carbon atoms and a linear alkane dicarboxylic acid having less than 15 carbon atoms ([0051]). Exemplary Crystalline Resins a and c contain 1,6-hexanediol in the alcohol component ([0102-103]). The crystalline resin is contained in domains with the release agent, having a major axis of 700 nm or more and 1,500 nm or less, or 0.7 µm or more and 1.5 µm or less, and an aspect ratio of 2.0 to 15.0 ([0067-68]). The release agent is preferably an ester wax ([0058]), and the ester wax may include plant-derived ester waxes ([0059]). The toner further contains a colorant ([0069]) and external additives ([0079]). The toner may be mixed with a carrier to form a developer ([0137]).
Kazuki is silent regarding the origin of the monomers for the polyester resins and the 14C concentration of the toner particles. Moroiwa teaches a toner with polyester resin comprising raw materials from biomass resources in order to reduce the effects on the environmental load ([0014], [0020-22]). Carboxylic acids for the polyester resin can be produced from raw materials of plants, and examples include succinic acid and sebacic acid ([0071], [0090], [0102]). It is preferable to use these materials derived from plants from the viewpoint of the environmental load and carbon neutrality ([0088]). 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 carboxylic acids of the polyester resins of Kazuki to use plant-derived monomers instead of petroleum-derived monomers as taught by Moroiwa in order to produce a toner that is more environmentally friendly.
The modified toner of Kazuki and Moroiwa with plant-derived monomers could easily achieve a 14C concentration of 40.0 pMC. Additionally, the plant-derived ester wax would also contribute to the 14C concentration. It would be desirable to produce a toner with a 14C concentration higher than 40.0 pMC, as the environmental load would be reduced as more of the typical petroleum-based components are replaced with the plant-derived counterparts.
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kazuki and Moroiwa as applied to claims 1-8 and 12 above, and further in view of Matsui (US PGP 2018-0004106).
The entire discussion of Kazuki and Moroiwa above is included herein. Kazuki and Moroiwa are silent regarding an image forming apparatus for use with the toner. Matsui teaches an image forming apparatus (Figures 1 and 2, [0207-209]) comprising an electrostatic latent image bearer 45, an electrostatic latent image forming unit (laser-generating apparatus) 54, and a den a developing unit 49. The toner is housed in a toner cartridge ([0142]). 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 image forming apparatus of Matsui with the modified toner of Kazuki and Moroiwa as the image forming apparatus is well known in the art.
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 09/10/2026
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