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.
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 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Azuma et al. (US PGP 2004/0101771 A1), in view of Muto et al. (US Patent No. 5,851,712).
PNG
media_image1.png
148
368
media_image1.png
Greyscale
Azuma teaches an electrophotosensitive material comprising a conductive substrate and a photosensitive layer provided on the conductive substrate. The photosensitive layer is taught to contain a binder resin including a polyallylate (i.e., a polyester) having a repeating unit represented by the following general formula (1):
In the general formula (1), X is taught to represent a naphthylene group or a biphenylene group (Abstract).
The electrophotosensitive material is taught to be a single-layer type electrophotosensitive material or a multi-layer type electrophotosensitive material ([0031], [0079]). The single-layer type configuration is taught to comprise an electric charge generating material and an electric charge transferring material incorporated in the same layer, whereas the multi-layer type configuration is taught to comprise an electric charge generating layer containing an electric charge generating material and an electric charge transferring layer containing an electric charge transferring material (at least one of an electron transferring material and a hole transferring material) ([0080]-[0086]) (which reads on the configurations of the claimed photoreceptors recited in instant claim 1 and claim 4).
PNG
media_image2.png
376
408
media_image2.png
Greyscale
The hole transferring material is taught to include diamine compounds represented by formula (HTM1) and (HTM2) below ([0064]):
The content of the hole transferring material is taught to be incorporated within an amount of 5 to 500 parts by weight, and preferably 25 to 200 parts by weight, based on 100 parts by weight of the binder resin ([0082]). In examples, the hole transferring material was used in an amount of 50 parts by weight with respect to 100 parts by weight of the binder resin ([0108]) (which reads on the corresponding limitations recited in instant claim 2 and claim 5).
PNG
media_image3.png
134
538
media_image3.png
Greyscale
The polyallylate of resin-3 was taught to contain a repeating unit represented by the following formula (13-1):
In other words, the polyallylate of resin-3 was a polyester resin having a structural unit including a biphenyl represented by the claimed formula (1) recited in instant claim 1 and claim 4, and having a dicarboxylic acid unit represented by the claimed formula (1-A) recited in instant claim 3 and claim 6.
The polyallylate of resin-3 was taught to be included in the photosensitive layer of the single-layer type electrophotosensitive material of Example 3 and in the electric charge transporting layer of the multi-layer type electrophotosensitive material of Example 29 (Table 1 and Table 5).
Azuma teaches that the electrophotosensitive material is suitable for use in image forming apparatuses, such as electrostatic copying machines and laser beam printers ([0001]). In the examples, the electrophotosensitive material was mounted to an electrostatic copying machine commercially known as “KM-5530” (by KYOCERA MITA CORPORATION) to evaluate its sensitivity and wear amount ([0119]-[0122], [0148]). In other words, the electrophotosensitive material was contained in a commercial digital laser copier/printer including the standard electrophotographic components recited in instant claims 7-18.
Azuma appears to be silent to teach or suggest the terminal structure of the polyallylate of resin-3, or an acid value of the photosensitive layer of the single-layer type electrophotosensitive material or the electric charge transporting layer of the multi-layer type electrophotosensitive material.
PNG
media_image4.png
170
342
media_image4.png
Greyscale
Muto teaches an electrophotosensitive material including a photosensitive layer containing a diamine compound represented by the following formula (2) (Abstract):
PNG
media_image5.png
50
320
media_image5.png
Greyscale
The photosensitive layer is further taught to include a polyester including repeating units represented by the following formula (50) (Col. 10, lines 23-38):
The end of the main chain of the repeating unit represented by formula (50) is taught to have an -OH or a -COOH group attached, and the acid value indicating the quantity of the -COOH group is taught to be adjusted to be 2 mgKOH/g or less.
Muto teaches that if the acid value is greater than 2 mgKOH/g, the adhesion of the photosensitive layer to the conductive substrate is improved. However, a complex is formed with the diamine compound represented by the formula (2), resulting in the decreased resistance and charging capability (Col. 49, lines 17-28).
For instance, in Comparative Examples 20 and 22, the electrophotosensitive material contained the diamine compound and a polyester having an acid value of greater than 2 mgKOH/g and was taught to be superior in adhesive property, but the surface potentials after printing continuous copies were taught to be remarkably lowered, and the half-life light exposures were taught to be remarkably increased (Col. 76, lines 57-62).
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 adjusted the acid value of Azuma’s polyallylate to be 2 mgKOH/g or less, in view of preventing decreased resistance and charging capability of the electrophotosensitive material, as Muto teaches that an acid value in excess of 2 mgKOH/g causes a complex to be formed with the diamine hole transporting material, resulting in the above deleterious effects. In doing so, the photosensitive layer or electric transporting layer of Azuma’s electrophotosensitive material would have been expected to necessarily have an acid value of 2 mgKOH/g or less, since the polyallylate resin appears to be the only component that would be expected to contain free acid groups.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
PNG
media_image6.png
98
362
media_image6.png
Greyscale
U.S. Pre-Grant Publication 2013/0337373 A1 to Hirata et al. teaches a polycarbonate copolymer having a repeating unit represented by the following formula (100) (Abstract):
PNG
media_image7.png
132
374
media_image7.png
Greyscale
In the formula (100), Ar1 is taught to represent a group represented by the following formula (2) ([0021]):
The polycarbonate polymer is taught to be used in the binder resin of a photosensitive layer of an electrophotographic photoreceptor and its chain ends are terminated by a monovalent aromatic group or a monovalent fluorine-containing aliphatic group ([0021], [0067]).
In the examples, a polycarbonate polymer including the following repeating units and having ratio of hydroxyl groups at the end being 6 mol% was prepared ([0273]):
PNG
media_image8.png
352
378
media_image8.png
Greyscale
However, Hirata appears to be silent to teach or suggest the acid value of the polycarbonate polymer, or the acid value of the photosensitive layer containing the polycarbonate polymer as a binder resin.
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 on (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
10/06/2026
Prosecution Insights