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. JP2023-193887, filed on 11/14/2023.
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 1-7 and 9-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kembo (US PGP 2021-0253750) in view of Atsushi (JP 2022-044075A).
Kembo teaches a resin particle including a fluorescent colorant and a color pigment (Abstract). The resin particle includes a binder resin ([0118]). When the resin particles are used as a toner for electrostatic image development, they may include external additives ([0176]). The external additives may include resin particles and cleaning activating agents, such as higher fatty acids typified by zinc stearate ([0181]). The amount of the external additive is preferably 0.01% to 6% by mass ([0182]). Kembo is silent regarding a percentage of fatty acid metal salt particles which become detached from the toner when dispersed in water containing a surfactant and subjected to an ultrasonic treatment. However, Applicant teaches that this can be controlled by adjusting the rotation speed and/or rotation time of the blender during mixing ([0090]) and the exemplary Green toner 1 mixes the additives at a rotation speed of 10,000 rpm for 30 seconds ([0192]). Kembo also uses a rotation speed of 10,000 rpm for 30 seconds for the addition of the external additives ([0303]), so the detachment of particles would be expected to be the same as the instant application and fall in the range of 10% to 30%. The resin particles may further be used with a carrier to form a developer ([0231]). Kembo teaches a toner cartridge and process cartridge as recited in instant claims 15 and 16 ([0264-272]). Further, Kembo teaches an image forming apparatus and image forming method as recited in instant claims 17 and 18 ([0239]).
The color of the fluorescent pigment is not particularly limited and may be appropriately selected according to the intended purpose ([0039]). The fluorescent colorant has a fluorescence peak wavelength of 380 nm to 760 nm ([0041]). The azomethine pigment C.I. Pigment Yellow 101 is listed among the fluorescent colorants that may be used in the resin particles ([0044]), but is not taught directly to be used in the green resin particles. For a fluorescent green resin particle, the color pigment is selected from a group of green pigments, cyan pigments, and yellow pigments ([0080]). Examples of the color pigments for the green resin particle include C.I. Pigment Green 7 and C.I. Pigment Green 36 ([0083]). According to the instant application, Pigment Green 7 has a reflection peak of 500 nm, and Pigment Green 36 has a reflection peak of 510 nm ([0057]). In the fluorescent green resin particles, the content of the fluorescent colorant is from 0.01% to 20% by mass, and the content of the color pigment is from 0.005% to 10% by mass ([0085]). A ratio WB/WA of the color pigment WB to the fluorescent pigment WA (the inverse of the ratio M1/M2 if instant claim 1) is particularly preferably 0.01 or more and 1.5 or less ([0057]), or 0.67 to 100 when inverted. Further, the exemplary resin particles have ratios M1/M2 or between 1 and 6.5 (Tables 1-3).
Atsushi teaches a toner containing a fluorescent agent and inorganic particles on the surface (Abstract). The fluorescent agent Pigment Yellow 101 is preferrable due to the excellent fluorescent color development ([0027]), and is the fluorescent agent used in most of the exemplary toners (Table 1). According to the instant application, Pigment Yellow 101 has an emission peak 520 nm ([0050-51]). The volume average particle size of the fluorescent agent is preferably 200 nm to 600 nm, which results in an image that exhibits good luminescent characteristics ([0033]).
The inorganic particles on the surface of the toner may include inorganic stearic acid compound fine particles such as aluminum stearate and zinc stearate and inorganic titanate fine particles ([0035]). Exemplary Toner (4) includes strontium titanate particles in the external additives ([0207]). These inorganic particles improve the thermal conductivity of the toner particles ([0034],[0041]) and promote the melting of the toner surface and improve the overall strength of the image ([0038]). Similarly to Kembo, Atsushi teaches that the external additives may further include organic fine particles, which are resin particles ([0048]). Atsushi also teaches using a lubricant, such as metal salts of higher fatty acids, in an amount of 1% to 5% by mass in order to improve cleaning and transfer properties ([0050]).
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 green toner of Kembo to have included Pigment Yellow 101 having a particle diameter of 200nm to 600 nm as the fluorescent pigment in order to obtain a toner that has excellent color development and good luminescent characteristics. Further, 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 Kembo to have included inorganic particles such as strontium titanate particles to the external additives, alongside the resin particles and fatty acid metal salt particles which are taught by both Kembo and Atsushi, in order to improve the thermal conductivity, promote the melting of the toner surface, and improve the overall strength of the image.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kembo and Atsushi as applied to claims 1-7 and 9-18 above, and considered with UL Solutions (C.I. Pigment Green 36) and further considered with Premier Pigmented Inks (Green Pigment 36 C.I. No 74260 Product Page).
The entire discussion of Kembo and Atsushi above is included herein. Kembo is silent regarding the volume average particle size of the non-fluorescent green pigments. The pigment for use in the resin particles would be purchased from a pigment supply company. UL Solutions and Premier Pigmented Inks are two different suppliers, which both show Pigment Green 36 having an average particle size between 40 nm and 100 nm. This range can be used to approximate the particle size of the non-fluorescent pigment, D2 of instant claim 8. As Atsushi teaches that the Pigment Yellow 101 has a particle size, D1 of instant claim 8, of 200 nm to 600 nm, therefore D1 > D2.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Gerrits (US PGP 2005-0195420) in view of Kembo (US PGP 2021-0253750) and further in view of Atsushi (JP 2022-044075A).
The entire discussion of Kembo and Atsushi above is included herein. Kembo and Atsushi are silent regarding an image forming apparatus including six developing units comprising colors of pink, yellow, magenta, cyan, black, and green. However, such configuration was known in the art before the effective filing date of the claimed invention.
Gerrits teaches a system and method for processing digital multi-color images on a color printing and/or copying device provided with a plurality of process colors defining a gamut (Abstract). Gerrits teaches that most image reproduction systems employ the three classic chromatic colors: cyan, magenta, and yellow. However, to extend the color gamut, more process colors are added and that typical process color sets now include sets of cyan, magenta, yellow, and red, or cyan, magenta, yellow, orange, and green ([0008]). Other process colors such as black, white, pink, and blue may also be used to extend the color gamut ([0007],[0017]).
Gerrits teaches six process colors being selected and incorporated into a printing unit ([0036],[0039],[0041],[0049]). The printing unit is taught to include electrophotographic printers ([0040]) and an image forming method using the printing unit containing the expanded process color gamut is also described ([0036-40]). 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 a combination of the process colors of pink, yellow, magenta, cyan, black, and green in the electrophotographic printing unit of Gerrits, in view of fixing an expanded range of colors on an image recording medium. It would have also been obvious to have used the fluorescent green toner of Kembo and Atsushi as the green process color of Gerrits’s printing unit, in view of expansion of the color gamut, specifically in the region of yellowish green, green, and light blue.
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 07/31/2026
Prosecution Insights