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 based on application JP2023-164016 filed in Japan on 2023-09-26. It is noted, however, that applicant has not filed a certified copy of the Japanese application as required by 37 CFR 1.55.
Claim Objections
Claim 1 is objected to over the language “fusing the aggregated particles by heating the aggregated particles to raise a temperature”, which does not make grammatical or technical sense. The limitation should likely read “fusing the aggregated particles by heating the aggregated particles to a specified temperature” or some similar phrasing. Appropriate correction is required.
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.
Claims 2 and 3 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor, or a joint inventor, regards as the invention. In particular, the claims place bounds on the value of η(T), where η represents the viscosity of the binder resin, T represents a fusion temperature, and η(T) is the viscosity of the binder resin at the temperature T. However, where η(T) depends on the value of T, and where T can have, in principle, any value, any resin could conceivably possess any value for η(T). In order to place bounds on η(T) in a way that meaningfully describes the binder resin, a value for T must be specified.
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 - 11 are rejected under 35 U.S.C. 103 as being unpatentable over Noguchi et al (US PGP 2022/0299895) in view of Fujihara et al (US PGP 2022/0299894), further in view of Murata (JP 2016-126158, machine translation of which is referred to henceforth).
Noguchi teaches a method of producing a toner at least by aggregating binder resin particles in a dispersion liquid, and heating the aggregated particles to induce fusion of the toner particles (Abstract). Noguchi teaches that the binder resin may be a polyester resin ([0057]), which may include both an amorphous polyester and a crystalline polyester ([0058]). Examples of polycarboxylate ([0063]) and polyhydric alcohol ([0066]) monomers used in the amorphous polyester are given, which are substantially the same as those listed in the instant Specification ([0055] – [0056]). In addition, examples are given by Noguchi of polycarboxylate ([0079]) and polyhydric alcohol ([0083]) monomers used in the crystalline polyester, which are substantially the same as those listed in the instant Specification ([0063] – [0064]). Noguchi gives examples of preparation of liquid dispersions of Amorphous polyester resin (A), Amorphous polyester resin (B), and Crystalline polyester resin (C), each having a solids content of 20% ([0160] – [0177]), which is the same solids content as those dispersions disclosed in the instant Specification ([0128] – [0132]). Noguchi also prepares a dispersion liquid for aggregation ([0193] – [0204]) by mixing resin particle dispersions and other toner particle component dispersions and water in a similar ratio to that described in the instant Specification ([0135]). For the second aggregation (formation of a shell layer) described by Noguchi, amorphous polyester resin dispersions are added ([0205]) in a similar ratio to that described in the instant Specification ([0136]). Therefore, the values for the specific gravity and viscosity of the aggregated toner particle dispersion prepared by Noguchi would necessarily be roughly the same as the values for the aggregated toner particle dispersion described in the instant Specification.
Noguchi does not appear to give guidance surrounding the stirring conditions during the coalescence (fusion) step.
Fujihara teaches a method of producing toner at least by aggregating binder resin particles in a dispersion liquid, and heating the aggregated particles to induce fusion of the toner particles (Abstract). Fujihara teaches that, following the toner particle aggregation step, the stirring power during the aggregation termination step suppresses breakage of the aggregated particles and prevents the formation of fine toner particles ([0021]).
Neither of Noguchi or Fujihara appears to teach the addition of an acidic aqueous solution during the coalescence (fusion) step.
Murata teaches a method of producing toner particles including at least aggregating core-shell structured toner particles and performing a fusion step ([0011]). Murata teaches that acid is added in the fusing step, which facilitates fusion of the shell layer, maintaining proper particle size and promoting the toner’s cleaning characteristics, dot reproducibility, and charge homogeneity ([0011] – [0012]). Murata teaches that it is preferable to add acid in the form of an aqueous solution ([0149]).
In preparing a core-shell structured toner as described by Noguchi, one of ordinary skill in the art would have been motivated to prevent breakage of the toner particles by reducing the stirring power of the particle dispersion following aggregation and before fusion as taught by Fujihara. In addition, one of ordinary skill in the art would have been motivated to facilitate fusion of the shell layer and improve the characteristics of the toner mentioned above by lowering the pH with an aqueous acid solution following the aggregation step. In the course of routine experimentation, one of ordinary skill in the art would have adjusted down the stirring power applied to the aggregated particle dispersion before the fusion step such that the agitating Reynolds number in the agitation during the fusion step was in the range stated in Claim 1. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to prepare a core-shell structured toner by a method described by Claim 1.
Where the amorphous and crystalline polyester resins described by Noguchi may be composed of substantially the same monomers as those used to prepare the instant polyester resins (Specification, [0127], [0129], [0131]), the binder resin of Noguchi may possess a similar value for η(T) as the toner particle of instant Example 1, which is 3,000 Pa·s (Specification, Table 1). Therefore, the binder resin of Noguchi may possess a value for the viscosity function η(T) lying in the ranges stated in Claim 2 and Claim 3.
None of Noguchi, Fujihara, or Murata appears to teach a preferred content of the crystalline polyester in the binder resin of the toner particles. However, in the course of routine experimentation, one of ordinary skill in the art would have systematically varied the content of crystalline polyester resin in the binder resin of the toner particles, resulting in toner particles having a proportion of crystalline polyester lying in the ranges stated in Claim 4 and Claim 5.
Where the solids contents of each resin dispersion ([0166], [0172], [0177], [0183]), the release agent dispersion ([0187]), and the colorant dispersion ([0191]) are each 20%, the solid content of the particle dispersion during fusion would necessarily lie in the range stated in Claim 6.
Noguchi teaches that the temperature to which the aggregated particle dispersion is heated in the fusion step may be 10 – 35°C greater than the Tg of the binder resin ([0131]), reading on the range stated in Claim 7.
As discussed above, in the course of routine experimentation, one of ordinary skill in the art would have adjusted down the stirring power applied to the aggregated particle dispersion before the fusion step such that the agitating Reynolds number in the agitation during the fusion step was in the range stated in Claim 8.
As discussed above, Murata teaches addition of an aqueous acid solution to the aggregated particle dispersion during the fusion step, reading on Claim 9.
Murata teaches that the pH of the aggregated particle dispersion following addition of aqueous acid is preferably 4 – 7 ([0011]), reading on the range stated in Claim 10.
Noguchi describes a stirring vessel having paddle impellers disposed on a rotary shaft ([0033]), reading on the equipment described in Claim 11.
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 08/26/2026
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