Prosecution Insights
Last updated: October 02, 2026
Application No. 18/826,394

ELECTROSTATIC-IMAGE DEVELOPING TONER SET, ELECTROSTATIC-IMAGE DEVELOPER SET, TONER CARTRIDGE SET, PROCESS CARTRIDGE, IMAGE FORMING APPARATUS, AND IMAGE FORMING METHOD

Non-Final OA §103
Filed
Sep 06, 2024
Priority
Sep 22, 2023 — JP 2023-159171 +1 more
Examiner
SEILER, GRANT STEVEN
Art Unit
Tech Center
Assignee
Fujifilm Holdings Corporation
OA Round
1 (Non-Final)
54%
Grant Probability
Moderate
1-2
OA Rounds
1y 5m
Est. Remaining
61%
With Interview

Examiner Intelligence

Grants 54% of resolved cases
54%
Career Allowance Rate
19 granted / 35 resolved
-5.7% vs TC avg
Moderate +7% lift
Without
With
+6.7%
Interview Lift
resolved cases with interview
Typical timeline
3y 5m
Avg Prosecution
30 currently pending
Career history
65
Total Applications
across all art units

Statute-Specific Performance

§103
74.6%
+34.6% vs TC avg
§102
6.5%
-33.5% vs TC avg
§112
15.4%
-24.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 35 resolved cases

Office Action

§103
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 § 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 – 7 and 11 - 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ueda et al (US PGP 2022/0397838) in view of Tsuda et al (US PGP 2018/0004108). Ueda teaches a toner set including a white toner and a colored toner ([0014]). The white toner contains at least a binder resin and a white pigment ([0013]), while the colored toner contains at least a binder resin and a colorant other than white ([0014]). One form of binder resin may be used as the binder for both the white toner and the colored toner ([0186]). The binder resin preferably includes both an amorphous resin and a crystalline resin ([0059]), of which the crystalline resin may be polyester ([0061]) and the amorphous resin may include one or more of a vinyl resin and an amorphous polyester resin ([0062]). The content of amorphous resin in the binder resin of colored toner particles is preferably in the range of 70 – 90% by mass, while the content of crystalline resin in the binder resin of colored toner particles is preferably in the range of 10 – 30% by mass ([0192]). Ueda teaches that, when the amorphous resin in the binder resin of the colored toner particles includes both a styrene-acrylic (vinyl) resin and an amorphous polyester resin, the content of styrene-acrylic resin in the amorphous resin is preferably in the range of 30 – 70% by mass ([0193]). Therefore, the mass ratio of polyester resin to vinyl resin in the colored toner particles (C) may lie in the range of roughly 0.6 – 3.7, overlapping the range stated in Claim 1. 10 %   C r .   P E + 90 % * 30 %   A m .   P E 90 % * 70 %   V i n y l = 0.587 30 %   C r .   P E + 70 % * 70 %   A m .   P E 70 % * 30 %   V i n y l = 3.762 Ueda does not appear to teach a preferred diameter of domains of polyester resin formed in the colored toner particles. Tsuda teaches a toner comprising a toner particle, which includes a binder resin, an amorphous polyester, and a colorant (Abstract). Tsuda makes no mention of a white toner or a white colorant, and so appears to teach a colored toner. The amorphous polyester is contained in an amount of 4 – 30 parts by mass relative to 100 parts of binder resin. The binder resin includes a vinyl resin ([0043]), which may be a styrene-acrylic resin ([0066] – [0069]). Tsuda teaches that it is preferable that the amorphous polyester form domains which are visible in a cross-section of the toner ([0094]), and describes a preferred spatial distribution of the domains within the toner cross-section which suppresses density unevenness, prevents cracking or crushing of the toner particles, reduces fogging, and suppresses the appearance of white spots ([0095]). The number-average diameter of the domains of polyester resin is preferably 300 – 3,000 nm (overlapping the range stated in Claim 1), which suppresses density unevenness and the appearance of white spots ([0100]). Tsuda teaches methods of forming and controlling the diameter of the domains of amorphous polyester ([0101]). In preparing the toner set of Ueda, one of ordinary skill in the art would have been motivated to suppress density unevenness and the appearance of white spots by forming and controlling the diameter of domains of amorphous polyester resin in the colored toner, as taught by Tsuda. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to prepare the toner set of Ueda, wherein the domains of amorphous polyester resin in the colored toner are controlled as taught by Tsuda, resulting in a toner set described by Claim 1, Claim 2, Claim 3, and Claim 4. Ueda teaches that the binder resin of the white toner particles preferably includes both an amorphous resin and a crystalline resin ([0059]). The crystalline resin is preferably a crystalline polyester resin ([0061]), and the amorphous resin preferably contains a styrene-acrylic (vinyl) resin and an amorphous polyester resin ([0062]). The content of amorphous resin in the binder resin of the white toner particles is preferably 75 – 95% by mass ([0095]), while the content of the crystalline resin is preferably 5 – 25% by mass ([0096]). Ueda teaches that, when a styrene-acrylic (vinyl) resin and an amorphous polyester resin are each included in the amorphous resin, the content of styrene-acrylic resin is preferably 70 – 90% by mass of the amorphous resin, while the content of the amorphous polyester is preferably 10 – 30% by mass of the amorphous resin ([0097]). Therefore, the mass ratio of polyester resin to vinyl resin in the white toner particles (W) may lie in the range of roughly 0.2 – 0.9. 5 %   C r .   P E + 95 % * 10 %   A m .   P E 95 % * 90 %   V i n y l = 0.17 25 %   C r .   P E + 75 % * 30 %   A m .   P E 75 % * 70 %   V i n y l = 0.90 The value for the difference in the ratio of polyester to vinyl resin in the binder resins of the white and colored toner particles may thus lie in the range of roughly -3.5 – 0.3, overlapping the ranges stated in Claim 5 and Claim 6. 0.2 - 3.7 =   - 3.5 0.9 - 0.6 = 0.3 The content of amorphous resin in the binder resin of colored toner particles is preferably in the range of 70 – 90% by mass, while the content of crystalline resin in the binder resin of colored toner particles is preferably in the range of 10 – 30% by mass ([0192]). Ueda teaches that, when the amorphous resin in the binder resin of the colored toner particles includes both a styrene-acrylic (vinyl) resin and an amorphous polyester resin, the content of styrene-acrylic resin in the amorphous resin is preferably in the range of 30 – 70% by mass ([0193]). As discussed above, the colored toner particles of Ueda may possess a value for the mass ratio of polyester resin to vinyl resin (C) in the range of roughly 0.6 – 3.7. Instant preparative examples of colored toners 2 and 3 possess values for C in that range, and also possess a value for the area fraction of polyester domains in the cross-section of the colored toner particles of 10% (Specification, Table 2-1). Therefore, the colored toner particles of Ueda, having a similar fraction of polyester in the binder resin, would necessarily possess a roughly similar value for the area fraction of polyester domains in the cross-section of the colored toner particles, lying in the range stated in Claim 7. Ueda describes mixing the white toner and the colored toner described above with a carrier for use as a two-component developer, or using the toners of the set as one-component developers ([0196]), reading on Claims 11 – 16. Ueda describes an image forming apparatus to which an apparatus, analogous to a process cartridge of Claim 18, may be mounted ([0205] – [0206]). The processes cartridge comprises units holding each color of toner used in the set described above, analogous to a toner cartridge set of Claim 17. The image forming apparatus comprises multiple image forming units, a transfer unit, and a fixing unit, reading on the apparatus of Claim 19. An image forming method carried out by the apparatus is described, reading on Claim 20. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Ueda et al (US PGP 2022/0397838) in view of Tsuda et al (US PGP 2018/0004108), further in view of Yawada et al (US PGP 2023/0092262). The above discussions of Ueda and Tsuda are incorporated herein. Neither of Ueda or Tsuda appears to teach a preference for the relative area fractions of the release agent in cross-sections of the white toner versus the colored toner. Ueda teaches that the white toner particles may contain a release agent ([0099]). The content of the release agent is preferably in the range of 2 – 20 parts by mass relative to 100 parts of binder resin ([0102]). Ueda teaches that the white toner particles contain a white pigment ([0048]), which is preferably titanium oxide ([0049]). The content of the titanium oxide particles in the white toner particles is preferably in the range of 1.5 – 50% by mass of the white toner particles ([0058]). Yawada teaches a white toner including a toner particle, which contains at least a binder resin, a release agent, and titanium oxide (Abstract). The mass ratio of the release agent to titanium oxide in the toner particles is preferably in the range of 0.01 – 0.3, which balances releasability, whiteness, and concealability of a white image ([0058]). Applying Yawada’s preferred mass ratio of release agent to titanium oxide to Ueda’s preferred content of titanium oxide gives an upper limit on the range of content of release agent in the white toner particles of 15%. 0.3   m a s s   r a t i o * 50 %   T i O 2 = 15 %   r e l e a s e   a g e n t Tsuda teaches a preferred content of release agent in the toner particles (which are colored toner particles) of 1 – 30 parts by mass relative to 100 parts of binder resin ([0130]). Where the binder resin makes up the main component of the toner particle, the ratio of release agent contents in the white toner particles to the colored toner particles would lie in the range of roughly 0.067 – 15.0. 2 %   ( w h i t e   t o n e r ) 30 %   ( c o l o r e d   t o n e r ) = 0.067 15 %   ( w h i t e   t o n e r ) 1 %   ( c o l o r e d   t o n e r ) = 15.0 In preparing the toner set of Ueda modified as taught by Tsuda as described above, one of ordinary skill in the art would have been motivated to balance the releasability, whiteness, and concealability of a white image by controlling the content ratio of release agent to titanium oxide in the white toner particles as taught by Yawada. Where the area fraction of release agent domains in toner particles is roughly correlated with the content of release agent in the toner particles, the ratio of the area fraction of domains of release agent in the white toner particles to the colored toner particles would lie roughly in the range described above. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to prepare the toner set of Ueda modified as taught by Tsuda, wherein the content of release agent in the white toner particles was controlled as taught by Yawada, resulting in a toner set described by Claim 8. Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Ueda et al (US PGP 2022/0397838) in view of Tsuda et al (US PGP 2018/0004108), further in view of Taguchi et al (US PGP 2018/0164709). The above discussions of Ueda and Tsuda are incorporated herein. Neither of Ueda or Tsuda appears to teach a preference for the lower number-grain size distribution index of the white toner or the colored toner. Taguchi teaches a toner set containing at least a white toner comprising white toner particles, and which may contain a colored toner comprising colored toner particles (Abstract). The small-diameter-side number particle diameter distribution index, GSDp, is calculated as D50p/D16p ([0122]), where D is the diameter at which toner particles cumulated in ascending size make up a certain proportion, the same as instant GSD. Taguchi teaches that the lower GSDp of the white toner particles is preferably in the range of 1.25 - 1.35, which helps prevent toner scattering upon fixing ([0123]). In preparing the toner set of Ueda modified as taught by Tsuda as described above, one of ordinary skill in the art would have been motivated to suppress toner scattering of the white toner by controlling the lower GSDp of the white toner as taught by Taguchi. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to prepare the toner set of Ueda modified as taught by Tsuda as described above, wherein the lower GSDp of the white toner is controlled in the range taught by Taguchi, reading on the range stated in Claim 9. Taguchi teaches that the lower GSDp of the white toner particles of the toner set is greater than that of the colored toner particles ([0010]). Therefore, the value of the ratio of the GSDp of the white toner particles to that of the colored toner particles would be greater than 1.0, an inequality which reads on the range stated for the value of the ratio stated in Claim 10. 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. 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. /GRANT STEVEN SEILER/ Examiner, Art Unit 1734 /JONATHAN JOHNSON/ Supervisory Patent Examiner, Art Unit 1734
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Prosecution Timeline

Sep 06, 2024
Application Filed
Sep 23, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
54%
Grant Probability
61%
With Interview (+6.7%)
3y 5m (~1y 5m remaining)
Median Time to Grant
Low
PTA Risk
Based on 35 resolved cases by this examiner. Grant probability derived from career allowance rate.

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