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, claims 1-8 and 12-14 in the reply filed on 3/30/2026 is acknowledged.
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 Hama (US PGP 2016/0363878) in view of Moroiwa (EP 2578611).
Hama teaches a toner comprising a toner particle comprising an amorphous polyester resin, a crystalline polyester resin, and a wax, wherein the crystalline polyester resin occupies domains with an aspect ratio of 5.0 to 25.0 (Abstract). The toner further comprises a colorant ([0072]) and an external additive ([0101]). The average major axis of the domains (Dc) is from 0.8 to 2.0 times the average diameter of the wax domains (Dw) ([0019]). Since Dw is from 60 nm to 240 nm ([0018]), Dc is therefore 48 nm to 480 nm. The crystalline resin comprises a diol having 4 to 12 carbon atoms ([0088]) and a dicarboxylic acid having 6 to 14 carbon atoms ([0092]). Particularly preferable diols include ethylene glycol and 1,6-hexane diol ([0088] line 9-12). The amorphous resin comprises an alcohol component and an acid component ([0038]). The acid component may include succinic acid or sebacic acid, wherein succinic acid is a preferred compound ([0044]). The wax may preferably be carnauba wax, a vegetable wax ([0069]). Hama teaches that the toner may be used with a carrier to form a developer ([0107]).
Hama is silent regarding the dicarboxylic acid component of the crystalline resin being plant-derived, or a 14C concentration of the toner. Moroiwa teaches a toner with a polyester resin comprising raw materials from biomass resources in order to reduce the effects on the environmental load ([0014],[0020-22]). Carboxylic acids for polyester resin can be produced from raw materials of plants, such as 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 toner of Hama to have included the carboxylic acids that are derived from plant material of Moroiwa in order to produce a toner that is more environmentally friendly.
When the carboxylic acids in the polyester resins of Hama are replaced with the plant-derived components of Moroiwa, a carbon radioisotope 14C concentration of 40.0 pMC could be easily achieved. Additionally, the plant-derived carnauba wax would also contribute to the 14C concentration. It would be desirable to produce a toner with 14C concentration higher than 40.0 pMC, as the environmental load would be reduced more 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 Hama 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 Hama and Moroiwa above are included herein. Hama teaches that the toner is for use in electrophotographic systems ([0002]), but is 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 developing unit 49. The toner is housed in a toner cartridge ([0142]). 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 Hama and Moroiwa as an image forming apparatus is well known in the art as how a toner is used in an electrophotographic system.
Conclusion
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/J.K./ Examiner, Art Unit 1734
/PETER L VAJDA/ Primary Examiner, Art Unit 1737 05/12/2026
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