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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Wuhan (CN-110842006-A) (see translation) is newly applied regarding claims 1-19. Applicant’s arguments regarding Cao, including the argument of the positive electrode scrap cut or shredded, thermally treating in air, and arguments regarding Lee are rendered moot.
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.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(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, 3-4, 7-10, 13-15, and 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wuhan (CN-110842006-A) (see translation).
Regarding claim 1, Wuhan discloses a method of recycling a positive electrode active material, comprising:
(a-1) cutting or shredding a positive electrode scrap comprising an active material layer on a current collector (see e.g., Wuhan; [0065], regarding example 1 wherein the scrap is cut into 1x1 cm2 pieces, [0076], regarding example 2 wherein the scrap is cut into 2x2 cm2 pieces, [0084], regarding example 3 wherein the scrap is cut into 10x10 cm2 pieces);
(a-2) thermally treating the cut or shredded positive electrode scrap comprising an active material layer on a current collector in air for thermal decomposition of a binder and a conductive material in the active material layer to separate the current collector from the active material layer during the thermal decomposition, and collecting an active material in the active material layer (see e.g., Wuhan; [0065], [0076], [0084], regarding the heating step in air atmosphere in a tube furnace for deactivation of PVDF binder, [0066], [0077], [0085], followed by knocking the positive electrode material off of the current collector in order to collect the active material);
(b) washing the active material collected from the step (a-2) with a cleaning solution (see e.g., Wuhan; [0067], [0078], [0086], regarding hydrothermal lithium supplementation, which is when the active material is washed with LiOH, [0035], regarding the solution removing impurities);
and (c) annealing the active material washed from the step (b) with an addition of a lithium precursor to obtain a recycled active material (see e.g., Wuhan; [0070], [0081], [0089], wherein the hydrothermal lithium supplementation step both washes the material and provides an addition of lithium precursor to the material, and the following step of sintering in an oxygen atmosphere to obtain a repaired material corresponds with the annealing step),
wherein a molar ratio of lithium to other metals in the active material after the thermal treatment step (a-2) or a molar ratio of lithium to other metals in the active material after the washing step (b) has a decreased range of 20% or less when compared with a molar ratio of lithium to other metals in the positive electrode scrap before the thermal treatment step (a-2) (see e.g., Wuhan; [0066], [0077], [0085], regarding the Li/Me ratio being 0.95 after a thermal treatment step, which falls within the claimed range of a decrease of 20% or less),
and wherein the cleaning solution is a lithium compound aqueous solution which is basic in an aqueous solution state (see e.g., Wuhan; [0067], [0078], [0086], wherein LiOH is basic).
Regarding claim 3, Wuhan provides the method of claim 1. Wuhan also discloses wherein the thermal treatment in step (a-2) is performed for 10 minutes to 3 hours at 300-500 °C (see e.g., Wuhan; [0028]-[0029]) and provides examples of 450 °C for 1 hour (see e.g., Wuhan; [0065]) and 400 °C for 2 hours (see e.g., Wuhan; [0076]), which directly fall within the claimed range of 10 minutes to 24 hours at 300 to 650 °C.
Regarding claim 4, Wuhan provides the method of claim 1, and Wuhan discloses the lithium compounds aqueous solution is 4mol/L LiOH in examples 1 and 3 (see e.g., Wuhan; [0067], [0086]), and 2 mol/L LiOH in example 2 (see e.g., Wuhan; [0078]), which correspond to a lithium compound is included in the lithium compound aqueous solution in an amount of more than 0% and equal to or less than 15% (4 mol/L LiOH contains about 2.53% lithium by mass and 2 mol/L LiOH contains about 1.33% lithium by mass), and the washing step (b) is performed within for 4 hours in examples 1-3 (see e.g., Wuhan; [0067], [0078], [0086]) and may be 1-6 hours (see e.g., Wuhan; [0040]), which falls within the claimed range of up to one week.
Regarding claim 7, Wuhan provides the method of claim 1, wherein the lithium precursor used in the annealing step (c) comprises LiOH (see e.g., Wuhan; [0039]-[0041], wherein the precursor corresponds to the LiOH used in hydrothermal lithium replenishment before the annealing step) which corresponds with the claimed one or more selected from the group consisting of LiOH, Li2CO3, LiNO3 and Li20.
Regarding claim 8, Wuhan provides the method of claim 1, wherein the lithium precursor is added in an amount as much as a ratio of lithium lost compared to a ratio of lithium to other metals in a raw material active material used in the active material layer (see e.g., Wuhan; [0053], regarding after hydrothermal lithium replenishment, the Li/Me ratio is about 1-1.1, which means that the lithium lost is at least fully replenished, see also [0068], [0079], [0087], regarding the examples which replenish the lithium lost).
Regarding claim 9, Wuhan provides the method of claim 1, wherein the LiOH hydrothermal lithium supplementation is performed in amounts of 4 mol/L and 2 mol/L (see e.g., Wuhan; [0067], [0078], [0086]), and the Li lost is replenished to 1.0-1.1 Li/Me from 0.95 (see e.g., [0068], [0078], [0086]), which falls within the claimed lithium precursor added in an amount lithium at a molar ratio of 0.001 to 0.4 relative to an amount of lithium in the active material before the thermal treatment step (a-2).
Regarding claim 10, Wuhan provides the method of claim 9, wherein the LiOH hydrothermal lithium supplementation is performed in amounts of 4 mol/L and 2 mol/L (see e.g., Wuhan; [0067], [0078], [0086]), and the Li lost is replenished to 1.0-1.1 Li/Me from 0.95 (see e.g., [0068], [0078], [0086]), which falls within the claimed lithium precursor added in an amount lithium at a molar ratio of 0.0001 to 0.1 relative to an amount of lithium in the active material before the thermal treatment step (a-2).
Regarding claim 13, modified Wuhan teaches the method of claim 1, wherein the annealing is performed at 600-900 °C (see e.g., Wuhan; [0045]) and examples of 680 °C, 800 °C, and 830 °C (see e.g., Wuhan; [0070], [0081], [0089]), which falls with the claimed 400 to 1000 °C, and the annealing is performed in air (see e.g., Wuhan; [0070], [0081], [0089], regarding sintering in oxygen atmosphere).
Regarding claim 14, Wuhan provides the method of claim 1, wherein a temperature of the annealing exceeds a melting point of the lithium precursor (see e.g., Wuhan; [0070], [0081], [0089], regarding temperatures of 680 °C, 800 °C, and 830 °C which exceed a melting point of the lithium precursor which is added LiOH).
Regarding claim 15, Wuhan provides the method of claim 1, wherein the recycled active material is collected in a form of powder (see e.g., Wuhan; [0016], [0069], [0080], [0088], wherein the material is crushed and screened to be in the form of a fine powder), and a carbon component generated by carbonization of the binder or the conductive material does not remain on a surface of the powder (by absence; Wuhan does not provide a carbon component remaining on the surface of the powder).
Regarding claim 18, Wuhan provides the method of claim 1. Wuhan does not disclose that the recycled active material has any fluorine content, so by absence, the disclosure of Wuhan overlaps with the claimed range of fluorine equal to or less than 100 ppm.
Regarding claim 19, Wuhan provides the method according to claim 1, wherein the lithium precursor is added in an amount corresponding to an amount of lithium depleted during the steps (a-2) and (b) (see e.g., Wuhan; [0053], regarding after hydrothermal lithium replenishment, the Li/Me ratio is about 1-1.1, which means that the lithium lost is at least fully replenished, see also [0068], [0079], [0087], regarding the examples which add the lithium precursor in an amount such that the lithium depleted is recovered to around 1.0).
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.
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wuhan (CN-110842006-A) (see translation).
Regarding claim 5, Wuhan provides the method of claim 1. Wuhan provides a LiOH cleaning solution in an amount of 2 and 4 mol/L (see e.g., Wuhan; [0067], [0078], [0086]), which falls within the claimed lithium compound included in the lithium compound aqueous solution in an amount of more than 0% and equal to or less than 15%. Because Wuhan teaches an identical lithium compound aqueous solution with overlapping concentrations to those provided in the instant specifications, it is the examiners position that the resulting cleaning solution comprises LiF having a dissolving amount of 0.127 g/100ml at 18 °C and 0.134 g/100ml at 25 °C.
MPEP 2112 I. states “[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer.” Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999).
Wuhan further discloses a ratio of the active material during the washing step (b) to the cleaning solution is 1:1 in example 1 (see e.g., Wuhan; [0067]), 2:1 in example 2 (see e.g., Wuhan; [0078]), and 4:1 in example 3 (see e.g., Wuhan; [0086]), and may be 1:20 to 2:1 (see e.g., Wuhan; [0039]), which falls within the claimed range of the active material to the cleaning solution of equal to or less than 1:200.
MPEP 2144.05 I states that 'In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)'."
Claim(s) 2 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wuhan (CN-110842006-A) (see translation) as applied to claim 1 above, and in further view of Kwak (US-20150030928-A1).
Regarding claim 2, Wuhan provides the method of claim 1. Wuhan does not explicitly disclose (d) surface coating the active material annealed from the step (c). However, Kwak teaches surface coating a positive electrode active material (see e.g., Kwak; [0041]-[0047]). Kwak is equivalent analogous art because Kwak similarly teaches a lithium manganese oxide as the positive electrode active material. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the positive electrode active material disclosed by Wuhan after annealing in step (c) by providing a lithium boron oxide coating disclosed by Kwak. One of ordinary skill in the art would have been motivated to make this modification in order to provide a protective layer that prevents direct contact between the cathode active material and the electrolyte solution of a secondary battery, provide advantages particularly in vehicles, and reduce swelling phenomenon to improve battery life characteristics (see e.g., Kwak; [0042]).
Regarding claim 16, modified Wuhan teaches the method of claim 2. Wuhan does not explicitly disclose wherein the surface coating step (d) includes coating at least one of a metal, an organic metal or a carbon component on a surface of the active material annealed from the step (c) by a solid or liquid phase process and then performing heat treatment at 100 to 1200 °C. However, Kwak teaches coating layer of lithium boron oxide on a surface of the active material (see e.g., Kwak; [0042]-[0043]) by a solid-liquid separation process and heat treatment of about 120 to 300 °C (see e.g., Kwak; [0068]-[0072]), which overlaps with the claimed solid or liquid phase process and performing heat treatment at 100 to 1200 °C. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the positive electrode active material disclosed by modified Wuhan and providing a lithium boron oxide coating by a solid or liquid phase process and then performing heat treatment at 120 to 300 °C disclosed by Kwak after the recycling and annealing processes from step (c). One of ordinary skill in the art would have been motivated to make this modification in order to provide a protective layer that prevents direct contact between the cathode active material and the electrolyte solution of a secondary battery, provide advantages particularly in vehicles, and reduce swelling phenomenon to improve battery life characteristics (see e.g., Kwak; [0042]).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wuhan (CN-110842006-A) (see translation) as applied to claim 4 above, and in further view of Tsuchida (US-8557412-B2).
Regarding claim 6, Wuhan provides the method of claim 4. Wuhan also discloses hydrothermal lithium supplementation with LiOH solution above regrading claim 1, which correlates to the claimed washing step performed that impregnates the active material collected from step (a-2) in the lithium compounds aqueous solution.
Wuhan does not explicitly disclose stirring at the same time. However, Tsuchida teaches a battery recovery method wherein battery elements immersed in solution and stirred at the same time (see e.g., Tsuchida; (14), (28), (39), (48), (53), figs. 1-2). Tsuchida is equivalent analogous art because Tsuchida similarly teaches a recovery method for a lithium battery. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the washing step (b) disclosed by Wuhan by providing an immersion and stirring function disclosed by Tsuchida. One of ordinary skill in the art would have been motivated to make this modification in order to efficiently recover the active material by achieving a large area of contact between the battery member and the process solution and promoting the reaction between the battery member and the process solution (see e.g., Tsuchida; (21), (28)).
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wuhan (CN-110842006-A) (see translation), and in further view of Lee (US-20180212282-A1) and Nakayama (WO-2012029673-A1).
Regarding claim 11, Wuhan provides the method of claim 1. As above regarding claim 1, Wuhan provides that the washing step of LiOH is when the lithium precursor is added into the active material. Wuhan does not disclose that the washing step is separate from the addition of the lithium precursor, such that without drying after the washing step (b), the lithium precursor is added in the step (c) by mixing the washed active material in a lithium precursor solution and spray drying the active material.
However, Lee discloses without drying after a washing step (b) (see e.g., Lee; [0031]-[0032]), the lithium precursor is added in the step (c) by mixing the washed active material in a lithium precursor solution (see e.g., Lee; [0033]-[0036]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the cathode material recycling process of Wuhan with mixing the washed active material with the lithium precursor solution of Lee before drying to achieve an excellent resistive characteristic, an electrical conductivity characteristic, and a capacity characteristic without deteriorating electrochemical performance (see e.g., Lee; [0008]).
Modified Wuhan with Lee does not teach spray drying the active material. However, Nakayama teaches spray drying an active material (see e.g., Nakayama; page 3 paragraph 2). Nakayama is equivalent analogous art to Lee because Nakayama similarly teaches a method for producing a positive electrode active material wherein the raw material for the lithium element can be lithium hydroxide or lithium carbonate, and wherein the solvent includes water. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the positive electrode active material processing steps disclosed by Lee by providing a spray drying step of the active material after lithium precursor is added disclosed by Nakayama in order to remove the solution to obtain a dried active material product, provide an active material with superior uniformity, and control the BET specific surface area, size, and shape of the active material (see e.g., Nakayama; page 3 paragraph 2, page 4 paragraph 2).
Regarding claim 12, modified Wuhan teaches the method of claim 11. Wuhan does not explicitly disclose a temperature of the spray drying is 100 to 300 °C. However, Nakayama teaches spray drying in the temperature range of most preferably 100 to 350 °C (see e.g., Nakayama; page 3 paragraph 2), which overlaps with the claimed range of 100 to 300 °C. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the positive electrode active material processing steps disclosed by modified Wuhan by providing a spray drying step of the active material after lithium precursor is added in the temperature range of 100 to 300 °C as disclosed by Nakayama. One of ordinary skill in the art would have been motivated to make this modification in order to remove the solution to obtain a dried active material product, provide an active material with superior uniformity, and control the BET specific surface area, size, and shape of the active material (see e.g., Nakayama; page 3 paragraph 2, page 4 paragraph 2).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wuhan (CN-110842006-A) (see translation), and in further view of Lee (US-20180212282-A1).
Regarding claim 17, Wuhan provides the method of claim 1. Wuhan does not explicitly disclose the resulting recycled active material of chemical formula 1 as claimed. However, Lee discloses the recycled active material may be a lithium transition metal oxide represented by the formula: LiaNixMnyCozMwO2+d wherein M includes or more selected from the group consisting of B, Al, Mg, and Ti among others, and 0.9<a<2.0, O<x<0.95, O<y<0.8, O<w<0.1, -0.2<d<0.02, x+y+z<1 (see e.g., Lee; [0038]-[0039]), which overlaps with the claimed formula 1. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have the had the recycling process of Wuhan with a lithium transition metal oxide of the formula disclosed by Lee in order to have a positive electrode active material that achieves an excellent resistive characteristic, an electrical conductivity characteristic, and a capacity characteristic without deteriorating electrochemical performance (see e.g., Lee; [0008]).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN SONG whose telephone number is (571)270-7337. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at (571) 270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN SONG/ Examiner, Art Unit 1728
/MATTHEW T MARTIN/ Supervisory Patent Examiner, Art Unit 1728
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