Prosecution Insights
Last updated: May 29, 2026
Application No. 18/551,358

NOVEL TONER EXTERNAL ADDITIVE AND TONER COMPOSITION COMPRISING SAME

Non-Final OA §102§103
Filed
Sep 19, 2023
Priority
Mar 19, 2021 — RE 10-2021-0035988 +2 more
Examiner
KUIPERS, JENNA ANN
Art Unit
1734
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Lotte Fine Chemical Co. Ltd.
OA Round
1 (Non-Final)
76%
Grant Probability
Favorable
1-2
OA Rounds
6m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 76% — above average
76%
Career Allowance Rate
19 granted / 25 resolved
+11.0% vs TC avg
Strong +26% interview lift
Without
With
+26.1%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
22 currently pending
Career history
68
Total Applications
across all art units

Statute-Specific Performance

§103
86.5%
+46.5% vs TC avg
§102
11.1%
-28.9% vs TC avg
§112
2.4%
-37.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 25 resolved cases

Office Action

§102 §103
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 . Priority Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. KR10-2021-0035988, filed on 3/19/2021. Claim Rejections - 35 USC § 102 The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action: A person shall be entitled to a patent unless – (a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. (a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claims 1-5 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kobayashi (US PGP 2020-0257215). Kobayashi teaches a toner particle with an external additive attached to the surface of the toner particle (Abstract). The external additives are contained in the toner particles in an amount of preferably 0.5 to 2.0 parts relative to 100 parts of the toner particles ([0031]). The base particle of the external additive is strontium titanate coated in a conductive metal oxide such as tin oxides - antimony-tin oxide (ATO), indium tin oxide (ITO), and fluorine-doped tin oxide ([0037]). The content of tin oxide in relation to the base particle is 0.55 to 1.90 ([0038]), and most exemplary particles have a value of SnO2/base of 0.88 (Table 2). Therefore, the amount of tin oxide would fall within the range of 40 to 89.95%. The particle further comprises a protective layer ([0041]) and a surface treatment layer ([0047]). The protective layer may be formed of aluminum hydroxide ([0042]). The content of the protective layer is 5 parts by mass relative to 100 parts of the base particle ([0045]). The surface treatment layer is formed of a hydrophobizing agent, such as a silane coupling agent ([0048]). The silane coupling agent is preferably a monoalkyltrialkoxysilane, and preferably is isobutyltriethoxysilane ([0052]). The content of the surface treatment layer is preferably 10 to 40 parts by mass relative to 100 parts of the base particles ([0054]). 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. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi in view of Miyakawa (US PGP 2005-0058924). The entire discussion of Kobayashi above is included herein. Kobayashi teaches that no particular limitations are placed on the toner mother particles ([0063]), but is silent regarding the method of preparing the toner particles being an emulsion polymerization. Miyakawa teaches a toner produced by emulsion polymerization ([0059]), wherein a polymer latex is formed with a resin monomer, and then mixed with a pigment dispersion, a wax dispersion, and a coagulant ([0060]). The resulting particles are washed and dried ([0155]) and the external additive is added to it ([0166]). The emulsion polymerization method allows for controlling of the sphericity of the toner ([0065]). 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 Kobayashi to be produced by an emulsion polymerization method in order to be able to easily control the shape of the particle. Allowable Subject Matter Claim 6 is allowed. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jenna Kuipers whose telephone number is (571)272-0161. The examiner can normally be reached Monday - Friday 8:30 - 5:30 PT. 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. /J.K./Examiner, Art Unit 1734 /PETER L VAJDA/Primary Examiner, Art Unit 1737 03/19/2026
Read full office action

Prosecution Timeline

Sep 19, 2023
Application Filed
Mar 23, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12631982
TONER
3y 2m to grant Granted May 19, 2026
Patent 12585208
GLITTERING TONER, TONER-STORING UNIT, DEVELOPER, DEVELOPER-STORING UNIT,IMAGE FORMING APPARATUS, AND IMAGE FORMING METHOD
3y 3m to grant Granted Mar 24, 2026
Patent 12578666
TONER AND METHOD FOR PRODUCING TONER
3y 4m to grant Granted Mar 17, 2026
Patent 12535749
ELECTROSTATIC CHARGE IMAGE DEVELOPING TONER, ELECTROSTATIC CHARGE IMAGE DEVELOPER, TONER CARTRIDGE, PROCESS CARTRIDGE, IMAGE FORMING APPARATUS, AND IMAGE FORMING METHOD
3y 9m to grant Granted Jan 27, 2026
Patent 12535750
TONER
3y 7m to grant Granted Jan 27, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
76%
Grant Probability
99%
With Interview (+26.1%)
3y 2m (~6m remaining)
Median Time to Grant
Low
PTA Risk
Based on 25 resolved cases by this examiner. Grant probability derived from career allowance rate.

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