Prosecution Insights
Last updated: October 02, 2026
Application No. 18/676,173

IMAGE FORMING APPARATUS

Non-Final OA §103§112§DOUBLEPATENT
Filed
May 28, 2024
Priority
May 30, 2023 — JP 2023-088962
Examiner
EVANS, BOONE ALEXANDER
Art Unit
Tech Center
Assignee
Kyocera Document Solutions Inc.
OA Round
1 (Non-Final)
66%
Grant Probability
Favorable
1-2
OA Rounds
5m
Est. Remaining
89%
With Interview

Examiner Intelligence

Grants 66% — above average
66%
Career Allowance Rate
159 granted / 241 resolved
+6.0% vs TC avg
Strong +23% interview lift
Without
With
+23.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
30 currently pending
Career history
250
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
56.6%
+16.6% vs TC avg
§102
16.1%
-23.9% vs TC avg
§112
19.3%
-20.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 241 resolved cases

Office Action

§103 §112 §DOUBLEPATENT
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 Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 1-14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-14 of copending Application No. 18/638,333 (reference application) (hereinafter “the ‘333 application”), in view of Iwashita et al. (US PGP 2022/0100110 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because both claim sets recite sufficiently similar electrophotographic image forming apparatuses that fall within the same scope of one another. For instance, both claim sets recite an electrophotographic image forming apparatus comprising an image bearing member, a charger, a light exposure device, a development device, and a transfer device, wherein the image bearing member is an electrophotographic photosensitive member comprising a conductive substrate, an intermediate layer provided on the conductive substrate and a photosensitive layer provided on the intermediate layer. In both claim sets, the intermediate layer contains a polyamide resin and inorganic particles each including a metal oxide particle, like titanium oxide, and a surface treatment layer covering at least part of a surface of the metal oxide particle. In both claim sets, the surface treatment layer includes at least one of aluminum oxide, silica, and zirconia, and the polyamide resin includes a first repeating unit derived from an aliphatic dicarboxylic acid having a carbon number of from 8 to 20, and a second repeating unit derived from a diamine compound having a cycloalkane structure. In both claim sets, a total percentage of the first repeating unit and the second repeating unit is 80% mol or more with respect to all repeating units in the polyamide resin. The ‘333 application appears to be silent to recite that the image forming apparatus includes a controller that controls voltage to be applied to the cleaning member, or that the controller causes a first voltage with negative polarity to be applied to the cleaning member in a printing mode. The ‘333 application also appears to be silent to recite that the controller causes a second voltage with positive polarity to be applied to the cleaning member in a cleaning mode. However, such configuration was known before the effective filing date of the ‘333 application. Iwashita teaches an image forming apparatus including an image bearing member, a charger, a light exposure device, a development device, a transfer device, a cleaning member, and a static eliminator ([0008]-[0009]). The image forming apparatus is taught to further include a controller including a central processing unit (CPU), random-access memory (RAM), read-only memory (ROM), and an input and output interface ([0197]). The controller is taught to control the voltage applicator to control voltage applied to the cleaning member ([0217]). Specifically, the controller is taught to cause positive voltage application by the charger in printing mode by charging the surface of the image bearing member to the positive polarity. As such, a positively charged toner is collected by being electrostatically moved from the positively charged surface of the image bearing member into the cleaning member, to which a first negative voltage is applied ([0224]). In the cleaning mode after separation of the development device, the controller is taught to control the voltage applicator to apply a second positive voltage to the cleaning member ([0231]). The photosensitive layer is taught to be a single layer and contains a charge generating material, an electron transport material, a binder resin, and a hole transport material ([0029]). The charge generating material is taught to include titanyl phthalocyanine having a Y-form crystal structure ([0031]-[0035]). The electron transport material is taught to include compounds represented by formulas (ETM1) to (ETM31), and the hole transport material is taught to include compounds represented by formulas (HTM1) to (HTM10) ([0051], [0122]). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have used the controller of Iwashita in the claims of the ‘333 application, in view of improving cleaning of the toner. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Claims 1-14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of copending Application No. 18/638,286 (reference application) (hereinafter “the ‘286 application”), in view of Iwashita et al. (US PGP 2022/0100110 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because both claim sets recite sufficiently similar electrophotographic image forming apparatuses that fall within the same scope of one another. For instance, both claim sets recite an electrophotographic image forming apparatus comprising an image bearing member, a charger, a light exposure device, a development device, and a transfer device, wherein the image bearing member is an electrophotographic photosensitive member comprising a conductive substrate, an intermediate layer provided on the conductive substrate and a photosensitive layer provided on the intermediate layer. In both claim sets, the intermediate layer contains a polyamide resin and inorganic particles each including a metal oxide particle, like titanium oxide, and a surface treatment layer covering at least part of a surface of the metal oxide particle. In both claim sets, the surface treatment layer includes at least one of aluminum oxide, silica, and zirconia, and the polyamide resin includes a first repeating unit derived from an aliphatic dicarboxylic acid having a carbon number of from 8 to 20, and a second repeating unit derived from a diamine compound having a cycloalkane structure. In both claim sets, a total percentage of the first repeating unit and the second repeating unit is 80% mol or more with respect to all repeating units in the polyamide resin, and the inorganic particles have a number average primary particle diameter of at least 5 nm and no greater than 100 nm and content of at least 50 parts by mass and no greater than 1000 parts by mass relative to 100 parts by mass of the specific polyamide resin in the intermediate layer. The ‘286 application appears to be silent to recite that the image forming apparatus includes a controller that controls voltage to be applied to the cleaning member, or that the controller causes a first voltage with negative polarity to be applied to the cleaning member in a printing mode. The ‘286 application also appears to be silent to recite that the controller causes a second voltage with positive polarity to be applied to the cleaning member in a cleaning mode. However, such configuration was known before the effective filing date of the ‘286 application. Iwashita teaches an image forming apparatus including an image bearing member, a charger, a light exposure device, a development device, a transfer device, a cleaning member, and a static eliminator ([0008]-[0009]). The image forming apparatus is taught to further include a controller including a central processing unit (CPU), random-access memory (RAM), read-only memory (ROM), and an input and output interface ([0197]). The controller is taught to control the voltage applicator to control voltage applied to the cleaning member ([0217]). Specifically, the controller is taught to cause positive voltage application by the charger in printing mode by charging the surface of the image bearing member to the positive polarity. As such, a positively charged toner is collected by being electrostatically moved from the positively charged surface of the image bearing member into the cleaning member, to which a first negative voltage is applied ([0224]). In the cleaning mode after separation of the development device, the controller is taught to control the voltage applicator to apply a second positive voltage to the cleaning member ([0231]). The photosensitive layer is taught to be a single layer and contains a charge generating material, an electron transport material, a binder resin, and a hole transport material ([0029]). The charge generating material is taught to include titanyl phthalocyanine having a Y-form crystal structure ([0031]-[0035]). The electron transport material is taught to include compounds represented by formulas (ETM1) to (ETM31), and the hole transport material is taught to include compounds represented by formulas (HTM1) to (HTM10) ([0051], [0122]). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have used the controller of Iwashita in the claims of the ‘286 application, in view of improving cleaning of the toner. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Claims 1-14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-15 of copending Application No. 18/676,137 (reference application) (hereinafter “the ‘137 application”), in view of Iwashita et al. (US PGP 2022/0100110 A1). Although the claims at issue are not identical, they are not patentably distinct from each other because both claim sets recite sufficiently similar electrophotographic image forming apparatuses that fall within the same scope of one another. For instance, both claim sets recite an electrophotographic image forming apparatus comprising an image bearing member, a charger, a light exposure device, a development device, and a transfer device, wherein the image bearing member is an electrophotographic photosensitive member comprising a conductive substrate, an intermediate layer provided on the conductive substrate and a photosensitive layer provided on the intermediate layer. In both claim sets, the intermediate layer contains a polyamide resin and inorganic particles each including a metal oxide particle, like titanium oxide, and a surface treatment layer covering at least part of a surface of the metal oxide particle. In both claim sets, the surface treatment layer includes at least one of aluminum oxide, silica, and zirconia, and the polyamide resin includes a first repeating unit derived from an aliphatic dicarboxylic acid having a carbon number of from 8 to 20, and a second repeating unit derived from a diamine compound having a cycloalkane structure. In both claim sets, a total percentage of the first repeating unit and the second repeating unit is 80% mol or more with respect to all repeating units in the polyamide resin, and the inorganic particles have a number average primary particle diameter of at least 5 nm and no greater than 100 nm and content of at least 50 parts by mass and no greater than 1000 parts by mass relative to 100 parts by mass of the specific polyamide resin in the intermediate layer. The ‘137 application appears to be silent to recite that the image forming apparatus includes a controller that controls voltage to be applied to the cleaning member, or that the controller causes a first voltage with negative polarity to be applied to the cleaning member in a printing mode. The ‘137 application also appears to be silent to recite that the controller causes a second voltage with positive polarity to be applied to the cleaning member in a cleaning mode. However, such configuration was known before the effective filing date of the ‘137 application. Iwashita teaches an image forming apparatus including an image bearing member, a charger, a light exposure device, a development device, a transfer device, a cleaning member, and a static eliminator ([0008]-[0009]). The image forming apparatus is taught to further include a controller including a central processing unit (CPU), random-access memory (RAM), read-only memory (ROM), and an input and output interface ([0197]). The controller is taught to control the voltage applicator to control voltage applied to the cleaning member ([0217]). Specifically, the controller is taught to cause positive voltage application by the charger in printing mode by charging the surface of the image bearing member to the positive polarity. As such, a positively charged toner is collected by being electrostatically moved from the positively charged surface of the image bearing member into the cleaning member, to which a first negative voltage is applied ([0224]). In the cleaning mode after separation of the development device, the controller is taught to control the voltage applicator to apply a second positive voltage to the cleaning member ([0231]). The photosensitive layer is taught to be a single layer and contains a charge generating material, an electron transport material, a binder resin, and a hole transport material ([0029]). The charge generating material is taught to include titanyl phthalocyanine having a Y-form crystal structure ([0031]-[0035]). The electron transport material is taught to include compounds represented by formulas (ETM1) to (ETM31), and the hole transport material is taught to include compounds represented by formulas (HTM1) to (HTM10) ([0051], [0122]). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have used the controller of Iwashita in the claims of the ‘137 application, in view of improving cleaning of the toner. This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented. Claims 1-14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 12,468,255 B2 (hereinafter “the ‘255 patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because both claim sets recite sufficiently similar electrophotographic image forming apparatuses that fall within the same scope of one another. For instance, both claim sets recite an electrophotographic image forming apparatus comprising an image bearing member, a charger, a light exposure device, a development device, and a transfer device, wherein the image bearing member is an electrophotographic photosensitive member comprising a conductive substrate, an intermediate layer provided on the conductive substrate and a photosensitive layer provided on the intermediate layer. In both claim sets, the intermediate layer contains a polyamide resin and inorganic particles each including a metal oxide particle, like titanium oxide, and a surface treatment layer covering at least part of a surface of the metal oxide particle. In both claim sets, the surface treatment layer includes at least one of aluminum oxide, silica, and zirconia, and the polyamide resin includes a first repeating unit derived from an aliphatic dicarboxylic acid having a carbon number of from 8 to 20, and a second repeating unit derived from a diamine compound having a cycloalkane structure. In both claim sets, a total percentage of the first repeating unit and the second repeating unit is 80% mol or more with respect to all repeating units in the polyamide resin, and the inorganic particles have a number average primary particle diameter of at least 5 nm and no greater than 100 nm and content of at least 50 parts by mass and no greater than 1000 parts by mass relative to 100 parts by mass of the specific polyamide resin in the intermediate layer. The ‘255 patent appears to be silent to recite that the image forming apparatus includes a controller that controls voltage to be applied to the cleaning member, or that the controller causes a first voltage with negative polarity to be applied to the cleaning member in a printing mode. The ‘255 patent also appears to be silent to recite that the controller causes a second voltage with positive polarity to be applied to the cleaning member in a cleaning mode. However, such configuration was known before the effective filing date of the ‘255 patent. Iwashita teaches an image forming apparatus including an image bearing member, a charger, a light exposure device, a development device, a transfer device, a cleaning member, and a static eliminator ([0008]-[0009]). The image forming apparatus is taught to further include a controller including a central processing unit (CPU), random-access memory (RAM), read-only memory (ROM), and an input and output interface ([0197]). The controller is taught to control the voltage applicator to control voltage applied to the cleaning member ([0217]). Specifically, the controller is taught to cause positive voltage application by the charger in printing mode by charging the surface of the image bearing member to the positive polarity. As such, a positively charged toner is collected by being electrostatically moved from the positively charged surface of the image bearing member into the cleaning member, to which a first negative voltage is applied ([0224]). In the cleaning mode after separation of the development device, the controller is taught to control the voltage applicator to apply a second positive voltage to the cleaning member ([0231]). The photosensitive layer is taught to be a single layer and contains a charge generating material, an electron transport material, a binder resin, and a hole transport material ([0029]). The charge generating material is taught to include titanyl phthalocyanine having a Y-form crystal structure ([0031]-[0035]). The electron transport material is taught to include compounds represented by formulas (ETM1) to (ETM31), and the hole transport material is taught to include compounds represented by formulas (HTM1) to (HTM10) ([0051], [0122]). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have used the controller of Iwashita in the claims of the ‘255 patent, in view of improving cleaning of the toner. Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention. The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph: The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention. Claim 11 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claim 11 recites that “the hole transport material includes at least one of compounds represented by formulas (HTM-1) to (HTM-8) below”. However, formulas (ETM-1) to (ETM-8) are then subsequently shown. According to pg. 27-28 of the instant specification, formulas (ETM-1) to (ETM-8) depict examples of electron transport materials, not hole transport materials (see pg. 21-22 of the instant specification). Moreover, formulas (HTM-1) to (HTM-8) are absent from the claim. For purposes of examination, claim 11 will be interpreted as rereferring to electron transport materials including at least one of compounds represented by the formulas (ETM-1) to (ETM-8). 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. 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 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Iwashita et al. (US PGP 2022/0100110 A1), in view of Sakimura (JP 4288949 B2) (references herein made with respect to English machine translation attached). Iwashita teaches an image forming apparatus including an image bearing member, a charger, a light exposure device, a development device, a transfer device, a cleaning member, and a static eliminator ([0008]-[0009]) (which reads on the corresponding limitations recited in instant claim 1 and claim 8). The image forming apparatus is taught to further include a controller including a central processing unit (CPU), random-access memory (RAM), read-only memory (ROM), and an input and output interface ([0197]). The controller is taught to control the voltage applicator to control voltage applied to the cleaning member ([0217]) (which reads on the corresponding limitations recited in instant claim 1). Specifically, the controller is taught to cause positive voltage application by the charger in printing mode by charging the surface of the image bearing member to the positive polarity. As such, a positively charged toner is collected by being electrostatically moved from the positively charged surface of the image bearing member into the cleaning member, to which a first negative voltage is applied ([0224]) (which reads on the corresponding limitation recited in instant claim 1). In the cleaning mode after separation of the development device, the controller is taught to control the voltage applicator to apply a second positive voltage to the cleaning member ([0231]) (which reads on the corresponding limitation recited in instant claim 7). The image bearing member is taught to be an electrophotographic photosensitive member including a conductive substrate and a photosensitive layer ([0025]). An intermediate layer is taught to be present between the conductive substrate and the photosensitive layer ([0026]) (which reads on the corresponding limitation recited in instant claim 1). The intermediate layer is taught to contain inorganic particles and a resin. The presence of the intermediate layer is taught to facilitate flow of current generated when the photosensitive member is exposed to light and inhibit increasing resistance, while also maintaining insulation to inhibit charge leakage ([0185]). The inorganic particles are taught to include particles of metals and metal oxides, such as titanium oxide ([0186]) (which reads on the corresponding limitation recited in instant claim 2). The photosensitive layer is taught to be a single layer and contains a charge generating material, an electron transport material, a binder resin, and a hole transport material ([0029]) (which reads on the corresponding limitation recited in instant claim 9). The charge generating material is taught to include titanyl phthalocyanine having a Y-form crystal structure ([0031]-[0035]) (which reads on the corresponding limitation recited in instant claim 10). The electron transport material is taught to include compounds represented by formulas (ETM1) to (ETM31), and the hole transport material is taught to include compounds represented by formulas (HTM1) to (HTM10) ([0051], [0122]) (which reads on the corresponding limitations recited in instant claim 11 and claim 12). Iwashita teaches that the resin of the intermediate layer includes polyamide resins ([0098], [0187]), but it silent to teach or suggest the composition of a suitable polyamide resin. Iwashita also appears to be silent to teach or suggest suitable surface treatments for the inorganic particles. Sakimura teaches an image forming apparatus comprising a latent image forming means for forming an electrostatic latent image on an electrophotographic photoreceptor (image bearing member) having a repeating unit structure represented by a general formula (1), wherein the intermediate layer between a conductive support and a photosensitive layer contains a polyamide resin, the polyamide resin contains 60 to 100 mol% of a repeating unit amide structure having 7 to 30 carbon atoms between amide bonds and 10 mol% or more of a non-linear repeating unit amide structure ([0026]). The polyamide having the specific structure is taught to improve solvent solubility and reduce black spots and environmental memory ([0036]). The image forming apparatus is also taught to include a charger, a light exposure device, a development device, a transfer device, and a cleaning member (Fig. 1, [0160]). The intermediate layer is taught to further contain metal oxide particles that are hydrophobized using hydrophobic treatment agents such as titanium coupling agents, silane coupling agents, high molecular weight fatty acids, or their metal salts ([0098]). Specific examples of the hydrophobic treatment agents include stearic acid and siloxane compounds ([0099]-[0100]) (which reads on the corresponding limitations recited in instant claim 5 and claim 6). The inclusion of the hydrophobized metal oxide particles into the polyamide resin is taught to improve the electrophotographic properties of the photoreceptor, particularly with respect to humidity dependence of the potential during repeated use ([0101]). The primary particle diameter of the metal oxide particles dispersed and contained in the polyamide resin is taught to be 10 to 400 nm ([0058]) (which reads on the corresponding limitation recited in instant claim 14). Additionally, the amount of metal oxide particles dispersed in the polyamide resin is taught to be 10 to 10,000 parts by mass, preferably 50 to 1,000 parts by mass, with respect to the polyamide resin ([0094]) (which reads on the corresponding limitation recited in instant claim 13). In the examples, a polyamide resin N-12 including 15 mol% of nylon 12, 75 mol% of isophoronediamine (IPDA), and 15 mol% of dodecanedioic acid (carbon number = 12) is mentioned as a suitable example of the polyamide of the intermediate layer PNG media_image1.png 130 528 media_image1.png Greyscale ([0051]-[0053]). The polyamide resin N-12 is shown below: In other words, a total percentage content of a repeating unit derived from an aliphatic dicarboxylic acid (dodecanedioic acid) and a repeating unit derived from a diamine compound (IPDA) was 90 mol% with respect to all repeating units included in the polyamide resin (which reads on the corresponding limitation recited in instant claim 1). In the polyamide resin N-12, the diamine repeating unit has a cycloalkane structure and the aliphatic dicarboxylic acid has a carbon number of 12 (which reads on the corresponding limitations recited in instant claim 3 and claim 4). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have used the polyamide resin of Sakimura in the intermediate layer of Iwashita, in view of improving solvent solubility, reducing black spots and environmental memory, and improving the electrophotographic properties of the photoreceptor, particularly with respect to humidity dependence of the potential during repeated use. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: U.S. Pre-Grant Publication 2011/0085823 A1 to Katayama et al. teaches an electrophotographic photoreceptor comprising a conductive support, a photosensitive layer, and an intermediate layer interposed between the conductive support and the photosensitive layer. The intermediate layer is taught to contain metal oxide microparticles surface-treated with silicon dioxide anhydride and a binder resin, where the binder resin contains a polyamide resin containing a piperazine-based compound (Abstract). The polyamide resin is taught to be obtained by polymerizing a piperazine-based compound with an aliphatic di- or tri-carboxylic acid compound ([0043]). The polyamide may contain other structural units so long as they are provided in an amount of 50 mol% or less ([0070]). Any inquiry concerning this communication or earlier communications from the examiner should be directed to Boone A Evans whose telephone number is (571)272-1420. The examiner can normally be reached Monday - Friday: 9:00 AM - 6:00 PM EST. 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, Amber Orlando can be reached at (571) 270-3149. 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. /BOONE ALEXANDER EVANS/Examiner, Art Unit 1737 08/19/2026
Read full office action

Prosecution Timeline

May 28, 2024
Application Filed
Aug 24, 2026
Non-Final Rejection mailed — §103, §112, §DOUBLEPATENT (current)

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Prosecution Projections

1-2
Expected OA Rounds
66%
Grant Probability
89%
With Interview (+23.3%)
2y 9m (~5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 241 resolved cases by this examiner. Grant probability derived from career allowance rate.

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