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 .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-2 are rejected under 35 U.S.C. 102((a)(1)) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Nukada (US 5395722).
Regarding claims 1-2, Nukada discloses an electrophotographic photoreceptor comprising a conductive substrate with a perylene pigment in the photosensitive layer (Col 2 line 16-26). Nukada further discloses formulae (VI) and (VII) for the cis and trans isomers of bisbenzimidazo(2,1-a-1',1'-b)anthra(2,1,9-def:6,5,10-d'e'f')diisoquinoline-6,11-dione, which meet formulae (1) and (2) of the Instant Claims (Col 5 line 4-36).
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Nukada further discloses Synthesis Example in which produces a mixture of the cis and trans forms of bisbenzimidazole perylene, which is then milled in Synthesis Example 2 (Col 10 line 65 to Col 11 line 32). Nukada further discloses a coating liquid is produced using the bisbenzimidazole perylene of Synthesis Example 2 (Col 12 line 59 to Col 14 line 20).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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 3-6 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Nukada (US 5395722) in view of Okuda (US 20140004454).
Regarding claims 3-4, Nukada discloses all limitations as set forth above. Nukada further discloses the electrophotographic photoreceptor includes multiple layers, including a charge generating layer and a charge transporting layer (Col 2 line 16-25). However, Nukada does not disclose the charge transporting layer as specifically electron or hole transporting.
Okuda teaches a similar electrophotographic photosensitive member comprising a support, an electron transporting layer on the support, and a photosensitive layer formed on the electron transporting layer ([0010]). The photosensitive layer further contains a charge generating layer and a hole transport layer ([0024]). Okuda further teaches the electron transport layer comprises a high homogeneity, with little variation in the atomic ratios of carbon, nitrogen, and oxygen ([0041]). Okuda further teaches when an electron transport layer comprising a high homogeneity is used in a laminated photosensitive member, then positive memory generation is suppressed, and potential variation in long-term repeated use is therefore suppressed ([0013], [0042]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to ensure the photoreceptor of Nukada consists of a laminated structure with an electron transport layer having high homogeneity, as taught by Okuda, to suppress positive memory and long term potential variation.
Regarding claim 5, modified Nukada discloses all limitations as set forth above. Okuda further teaches the electron transporting layer includes a crosslinking agent such as an isocyanate or blocked isocyanate, which would result in a polyurethane ([0095]-[0100]). Okuda further example resins such as AQD-457 and AQD-473 by Nippon Polyurethane ([0110]).
Regarding claim 6, modified Nukada discloses all limitations as set forth above. Okuda further teaches the electron transporting layer may include metal oxide particles such as titanium oxide, zinc oxide, tin oxide ([0116]).
Regarding claim 8, modified Nukada discloses all limitations as set forth above. Okuda further teaches a process cartridge comprising the electrophotographic photosensitive member and at least one of a charging unit, a developing unit, a transfer unit, and a cleaning unit, which is detachably attached to an electrophotographic apparatus ([0011]).
Regarding claim 9,modified Nukada discloses all limitations as set forth above. Okuda further teaches an electrophotographic apparatus comprising the electrophotographic photosensitive member, a charging unit, a light irradiation unit (aka exposing unit), a developing unit, and a transfer unit ([0012]-[0013]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Nukada (US 595722) with consideration of Allen (US 5322755).
Regarding claim 7, Nukada discloses all limitations as set forth above. Nukada does not specifically disclose the ratio of the cis and trans bisbenzimidazole perylene produced. However, Nukada does disclose the production of the bisbenzimidazole perylene by mixing 817g of perylene tetracarboxylic acid dianhydride, 1169g of o-phenylenediamine, and 9.36 liters of 1-chloronapthalene, which is heated to 240-250°C for 3 hours while stirring, then cooled to room temperature followed by filtering, washing, and drying. The pigment is further purified by sublimation (Col 10 line 64 to Col 11 line 16).
Allen also prepares benzimidazole perylene by mixing perylene tetracarboxylic dianhydride and o-phenylenediamine in 1-chloronaphthalene, heated to 240-245°C and reacted, cooled, filtered, washed, and dried. The produced [bis]benzimidazole perylene is then sublimated to purify it, resulting is a cis trans mix with a weight ratio of 50:50 (Col 8 line 20 to Col 9 line 29). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date that the bisbenzimidazole perylene produced by Nukada would also result in a 50:50 ratio of the cis and trans isomers.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLES COLLINS SULLIVAN IV whose telephone number is (571)272-2208. The examiner can normally be reached M-F 8-4:30.
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/C.C.S./Examiner, Art Unit 1737
/AMBER R ORLANDO/Supervisory Patent Examiner, Art Unit 1731
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