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 § 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 - 15 are rejected under 35 U.S.C. 103 as being unpatentable over Doi et al (US PGP 2016/0091811) in view of Amano et al (JP 2023-021582), further in view of Ito et al (JP 2014-137495). Machine translations of foreign patent documents are referred to henceforth.
Doi teaches a toner comprising a binder resin, which includes an amorphous polyester and a crystalline polyester (Abstract). The amorphous polyester is a condensation polymer of a polyvalent carboxylic acid component and a polyol ([0052]). Examples of polyols are given ([0056]), which include aliphatic and alicyclic diols, as well as trivalent or higher polyols ([0057]). Doi teaches that the polyols may be used singly or in combination of one or more kinds ([0058]), and does not appear to teach a preferred content of any class of polyols. Therefore, the amorphous polyester resin taught by Doi may possess a content of BPA derivatives in the range stated in Claim 1. Doi teaches a method of producing toner particles ([0125] – [0159]) which culminates in a drying process ([0160]). Flash jet drying is given as an example of a drying method ([0161]), but further details are not given.
Amano discloses a method of producing toner particles by drying wet toner particles in a loop-type airflow dryer ([0005]). Gas is supplied to the loop-type dryer by a first inlet and a second inlet ([0025]). Amano teaches the velocity of the gas supplied by the first inlet is preferably in the range of 4.5 – 14.5 m/s ([0035]), preventing backflow of toner particles into the first inlet, and preventing collisions of the toner particles with the walls of the drying tube. Amano teaches the velocity of the gas supplied by the second inlet is preferably in the range of 19 – 38.5 m/s ([0036]), allowing for sufficient drying efficiency while preventing collisions of toner particles with the walls of the tube and suppressing fusion adhesion. Both of these airflow ranges read on the inequality stated in Claim 1. Amano teaches a preferred temperature of the gas supplied from the inlets in the range of 60 – 80°C ([0039]), improving drying efficiency and suppressing fusion. This range satisfies the inequality stated in Claim 1. Amano does not appear to teach a method of pre-drying, dehydration, or desolvation of wet toner particles prior to drying in the loop-type dryer.
Ito discloses a method of drying toner particles produced in a wet manufacturing process ([0006]). Following a step of washing toner particles, the moisture content of the particles can be reduced ([0031]), analogous to a desolvation step. A filter press method of desolvation is described ([0032] – [0038]). Ito teaches that the moisture content (analogous to the solvent content) of the toner cake is preferably 20 – 60% by mass, preventing breakage of toner particles during subsequent drying and shortening the required drying time ([0039]).
In preparing the toner taught by Doi, one of ordinary skill in the art would have been motivated to maintain drying efficiency while suppressing fusion of toner particles by employing the drying method taught by Amano. In addition, one of ordinary skill in the art would have been motivated to prevent breakage of the toner particles and shorten the drying time by employing the pre-drying (analogous to desolvation) step taught by Ito. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to prepare the toner taught by Doi by a process including the steps taught by Amano and Ito, resulting in a toner produced by a method described by Claim 1.
As mentioned above, Doi teaches that the polyols may be used singly or in combination of one or more kinds ([0058]), and does not appear to teach a preferred content of any class of polyols. Therefore, the amorphous polyester resin taught by Doi may be absent of BPA or its derivatives, satisfying Claim 2.
Doi gives as examples of aliphatic diols for use in the amorphous polyester 1,5-pentanediol, 1,6-hexanediol, and 1,7-heptanediol, reading on the aliphatic polyhydric alcohols of Claim 3.
Doi teaches a preferred content of the amorphous polyester of 50 – 88% by mass in the binder resin ([0047]). Where the binder resin is the main component of the toner, the amorphous polyester resin would be allowed to make up a fraction by mass of the toner particles reading on Claim 4.
Doi teaches a preferred glass transition temperature of the amorphous polyester in the range of 50 – 80°C, overlapping the range stated in Claim 5.
Where the glass transition temperature of the amorphous polyester taught by Doi overlaps that of the instant invention, and where the toner of Doi contains a similar crystalline resin and a similar release agent (discussed below), the toner particles of Doi would necessarily possess a value for the glass transition temperature reading on that stated in Claim 6.
As mentioned above, the toner taught by Doi contains a crystalline polyester resin, reading on Claim 7.
Doi teaches a preferred melting point for the crystalline polyester resin of 72 – 80°C, reading on the inequality stated in Claim 8.
Doi lists aliphatic dicarboxylic acids ([0072]) and aliphatic diols ([0076]) which may be incorporated in the crystalline polyester resin, satisfying Claim 9.
Doi lists as examples of aliphatic diols 1,6-hexanediol, 1,7-heptanediol, 1,8-octanediol, 1,9-nonanediol, and 1,10-decanediol; and as examples of aliphatic dicarboxylic acids adipic acid (C6), suberic acid (C8), azelaic acid (C9), and sebacic acid (C10), each of which read on the range of Claim 10.
Doi teaches that the toner may contain a release agent, which preferably has a melting point in the range of 50 – 110°C ([0099] – [0101]), reading on the range stated in Claim 11.
Doi teaches that the toner particles may have a core-shell structure ([0107]), reading on Claim 12.
As mentioned above, Amano teaches a preferred airflow A of 4.5 – 14.5 m/s ([0035]), and a preferred airflow B of 19 – 38.5 m/s ([0036]), both of which read on the range stated in Claim 13.
As mentioned above, Ito teaches that the moisture content (analogous to the solvent content) of the toner cake is preferably 20 – 60% by mass, overlapping the range stated in Claim 14.
As mentioned above, Ito teaches a step of reducing the moisture content of the wet toner particles before the flash-drying step ([0031]), analogous to a desolvation step of Claim 15.
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 07/31/2026
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