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.
(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.
Claim(s) 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujihara et al. (US PGP 2022/0299894).
Fujihara teaches a method of producing a toner comprising a first aggregation step of aggregating polyester resin particles in a dispersion, a second aggregation step of mixing the first aggregated polyester resin particle dispersion with a second dispersion containing amorphous polyester resin particles while agitating the mixed dispersions so as to adhering the amorphous polyester resin particles on the surface of the first aggregated particles ([0166-182]). The coated particles are then subjected to a coalescing step wherein the dispersion is heated so as to coalesce the second aggregated particles to form toner particles ([0183]). Fujihara teaches that the temperature of the dispersion containing the first aggregated particles at the start of mixing is 45 °C ([0177]) and that the glass transition temperature of the amorphous polyester resin particles is 59 °C ([0139] and [0178]) thereby satisfying the Applicant’s formula (1). Additionally, the temperature of the amorphous polyester resin particle dispersion is taught to be 25 °C at the start of mixing ([0140] and [0178]) thereby satisfying the Applicant’s expression (2). Fujihara does not teach an idle agitation power for the mixing apparatus used but does teach an agitation power per unit volume of 3.2 kW/m3 ([0180]). Based on the Applicant’s description of the idle agitation power in paragraphs [0036-38] of the instant specification it is clear that the idle agitation power will not approach the agitation power of 3.2 kW/m3 utilized by Fujihara as the dispersion of Fujihara are largely identical to the dispersion utilized by the Applicant in the specific embodiments of the instant specification (compare the dispersion preparations in [0134-165]) of Fujihara with the dispersion preparations in [0125-179] of the instant specification). As such, the agitation power used by the Applicant will have the same difference from the idle agitation power of similar dispersion vessels as dispersions used by both Fujihara and the Applicant are nearly identical. As Fujihara teaches an agitation power of 3.2 kW/m3 and will inherently have a similar P-P0 value as the Applicant’s dispersion (as they are largely identical) the P-P0 value will be within the recited range as 3.2 kW/m3 – (approximately) 1.2 kW/m3 = 2.0 kW/m3.
As the polyester resins ([0141-145]) of Fujihara have the same monomeric components in the same relative ratios as the polyester resins of the Applicant ([0126] and Table 1) they will inherently have the same acid values. The Applicant teaches that the polyester resins have acid values within the range recited in pending claim 2 and therefore the polyester resins of Fujihara will also inherently have acid values within this range. In example 1 of Fujihara the solid content of the first aggregated dispersion is 14% (10,500 parts of 20% solids dispersions + 4,000 parts DI water = 10,500 x .2 = 2100 solid parts and 2100/14500 total parts x 100% = 14% solids content, see [0135-177]) and the solid content of the amorphous resin particles is 20% ([0146]). Therefore, the Ws-Wc in Fujihara is 6 and reads on expression 5 in claim 3. Additionally, in the first aggregated dispersion the content of the dispersion of crystalline and amorphous polyester resin particles is greater than 45% by solids content ([0167-173]).
Fujihara does not teach a zeta potential for the colorant dispersion, however, the colorant dispersion is identical in materials and material ratios to that taught by the Applicant in the examples to possess the requisite zeta potential and will therefore inherently possess a zeta potential within the range recited in pending claim 5 (compare [0162-166] of Fujihara and [0170-172] of the instant specification). The first aggregated particles of Fujihara are further taught to include vinyl-based resin particles and while Fujihara does not teach solubility parameters of the amorphous polyester or vinyl based resin particles both types of resin particles ([0141-157]) are identical to the resin particles taught in the inventive examples of the instant application [0137-161]) to possess the requisite difference in solubility parameter recited by the Applicant in pending claim 6. As such, the first aggregated particles of Fujihara will inherently meet the limitations recited by the Applicant in pending claim 6. Fujihara also teaches that the dispersion containing the amorphous polyester resin may further contain a release agent ([0028-30]). Furthermore, as shown above the first and second aggregation steps and the coalescence step are taught to be performed in an agitated vessel provided with an agitation unit and a heating and cooling unit ([0135-183]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PETER L VAJDA whose telephone number is (571)272-7150. The examiner can normally be reached 7:30-4:00 PM.
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/PETER L VAJDA/Primary Examiner, Art Unit 1737 09/10/2026
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