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 .
The amendment filed 12/16/25 has been considered and entered. Claim 3 has been canceled. Claims 1,2 and 4-18 remain in the application for prosecution thereof.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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.
Claims 1,2 and 4-18 are rejected under 35 U.S.C. 103 as being unpatentable over CN 108448193 in combination with CN 110842006 further in combination with either CN 106450547 or CN 103915661.
CN 108448193 teaches a method for recovering positive electrode active material from a lithium secondary battery comprising the steps of separating the positive electrode into a current collector and a positive electrode portion and removing the organic substance by firing the separated positive electrode at 300-1200C whereby most of the organic matter is combusted by a calcination step and removed, washing the calcined preparation and removing residual fluorine by carrying out washing by using pure water or an acid aqueous solution at a temperature of 0-100C for 1-600 min and adding a lithium containing material to the washed preparation and roasting to recover the lithium transition metal oxide and after addition of the lithium containing raw material, the preparation may be roasted at 500-1200C to reform the lithium transition metal oxide positive electrode active material. The lithium transition metal oxide is LiaNixMnyCozMwO2 whereby M includes Al or Ti ([0011]-[0064]).
CN 108448193 fails to teach washing the collected active material with a solution of a lithium compound which is alkaline in aqueous solution, drying and washing times.
CN 110842006 teaches a dry purification separation and regeneration method of lithium battery cathode recycled material and the resulting lithium battery cathode recycled material comprising low temperature heating of the lithium battery positive electrode recycled material to binder failure to obtain a failed lithium battery positive electrode recycled material, mechanically separating said spent treated lithium battery positive recycled material to obtain the lithium battery recycled material separated from the current collector and subjecting said lithium battery positive electrode material separated from the current collector to lithium supplementation by a hydrothermal method in a solution containing lithium ions or lithium replenishment and decontamination to provide a lithium replenished lithium battery cathode recycled material and the lithium source added is lithium hydroxide (LiOH) and can remove impurities from the lithium battery cathode recycled material ([0005]-[0084]).
CN 108448193 in combination with CN 110842006 fail to teach heat treating to separate the lithium cathode material from the current collector.
CN 106450547 teaches a process for recovering iron phosphate and lithium carbonate from lithium iron phosphate waste comprising the steps of oxidative roasting spent lithium iron phosphate positive electrode sheets are put into a roasting furnace heating from 400-500C and roasting for 3-4 hrs. to obtain a positive electrode sheet roasted comprising a lithium iron phosphate active material and a current collector aluminum foil. The heat-treating positive electrode waste of a lithium composite transition metal oxide positive electrode active material layer on a current collector the current collector being separated from the active material layer. ([0003]-[0044]).
CN 103915661 teaches a method for directly recovering and repairing spent lithium ion battery cathode materials, disassembling spent lithium ion batteries, sorting to obtain cathode sheets having cathode materials that are lithium cobalt oxide or lithium nickel cobalt manganese oxides or cathode sheet whereby a clean separation of the positive electrode material from the current collector is achieved by direct destruction of the binder by decomposing the binder to achieve separation of the cathode material from the current collector using a pyrolysis method
Therefore, it would have been obvious for one skilled in the art before the effective filing date of the claimed invention to have modified CN 108448193 in combination with CN 110842006 separation and recovery process with the claimed annealing the separated positive electrode with addition of lithium or lithium compound as evidenced by CN 106450547 or CN 103915661 with the expectation of similar success.
Regarding claims 2,13 and 17, the annealed active material is subjected to surface coating comprising coating at least one of metallic, organometallic and carbon materials on the surface by solid or liquid phase treatment and heat treatment at 100C to 1200C to modify the coating material.
Regarding claims 4-6 and 16, CN 108448193 teaches step of washing the calcined preparation and thereby removing residual fluorine ([0031]-[0036]) while CN 106450547 teaches that a solution containing lithium ions under hydrothermal conditions can improve impurities in the lithium battery positive electrode recycled materials from which the current collector materials have been separated by its strong corrosiveness and solubility with eh lithium sources for lithium-ion containing solution to include but not limited to LiOH, Li2CO3, LiNO3 or Li2SO4. The Examiner takes the position that the claimed 0-15% of lithium compound would be reasonable range absent a showing of criticality thereof. The method of stirring the active material during the washing step would be envisioned and conceivable to those skilled in the art.
Regarding claims 7-11 and 18, CN 108448193 teaches adding lithium raw materials to a washed preparation followed by calcination to reform the lithium transition metal oxide as lithium raw material lithium carbonate (LiCO3, lithium hydroxide (LiOH) or the same can be used and the lithium material is added in an amount of 1-40 parts by weight with respect to 100 parts by weight of preparation in order to replenish insufficient lithium and the prepared may be baked at 500-1200C to reform the lithium transition metal oxide ([0036]-[0050]).
Regarding claims 12 and 15, the collected active material is in powder form and since the heating is like that of the claimed invention no surface coating or carbonization of the binder is found on the powder.
Regarding claim 14, CN 108448193 teaches the recovered lithium metal oxide can include LiaNixMnyCozMwO2with M consisting of metal including Al and Ti ([0041]-[0043]).
Response to Arguments
Applicant's arguments filed 12/16/25 have been fully considered but they are not persuasive.
Applicant argued CN 108448193 fails to teach separating the active material from a current collector by thermal treatment in air and washing the active material collected in a basic solution including lithium compound.
The Examiner agrees and has applied a combination rejection whereby these features are detailed in the combination rejection over CN 110842006 further in combination with either CN 106450547 or CN 103915661 as noted above.
It has been well settled, that pointing out the differences between the reference and each individual reference is not sufficient to overcome a rejection based on a combination of the references. One cannot show non-obviousness by attacking references individually where the rejections are based on combinations of references. In re Keller, 208 USPQ 871 (CCPA 1981); In re Merck & Co., Inc., 231 USPQ 375 (Fed. Cir. 1986). The test of obviousness is not express suggestion of the claimed invention in any or all references but rather what the references taken collectively would suggest to those of ordinary skill in the art presumed to be familiar with them. In re Rosselet, 347 F.2d 847, 146 USPQ 183 (CCPA 1965); In re Hedges, 783 F.2d 1038.
Applicant argued CN 110842006 cannot cure the deficiencies of CN 108448193 regarding the thermal treatment in air as the separation is by mechanical means.
The Examiner agrees. CN 110842006 is relied upon for teaching the washing step with a lithium replenishment solution which would be basic and not for the separation by thermal treatment as detailed in the rejection above and argued by Applicant.
Again, it has been well settled, that pointing out the differences between the reference and each individual reference is not sufficient to overcome a rejection based on a combination of the references. One cannot show non-obviousness by attacking references individually where the rejections are based on combinations of references. In re Keller, 208 USPQ 871 (CCPA 1981); In re Merck & Co., Inc., 231 USPQ 375 (Fed. Cir. 1986). The test of obviousness is not express suggestion of the claimed invention in any or all references but rather what the references taken collectively would suggest to those of ordinary skill in the art presumed to be familiar with them. In re Rosselet, 347 F.2d 847, 146 USPQ 183 (CCPA 1965); In re Hedges, 783 F.2d 1038.
Applicant argued CN 106450547 or CN 103915661 fails to cure the deficiencies as CN 103915661 teaches removing active material and current collector by heating in inert atmosphere or a heated solvent but not in air.
Regarding CN 103915661, while the Examiner acknowledges this fact, the references clearly teach heating to remove/destroy the binder enabling the active material to be separated from the current collector and hence the Examiner takes the position that doing so in air would be suggestive as a alternative method for separation and would produce the same result, i.e. separation of the active material from the current collector. CN 103915661 also teaches washing with a LiOH solution with no details of the solution being basic or acidic and hence the Examiner takes the position that this would suggest either basic or acidic with basic being referable to avoid damage to the active material with an acidic solution.
Regarding CN 106450547 teaches a oxidizing and baking to volatize (separate) the active material from the current collector and uses a washing step to fully/completely remove the active material and hence essentially uses a two-step process of heating and washing which is not precluded by the claims and hence meets the claimed limitation of heating to volatilize which would essentially remove the binder and separate the active material from the collector.
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 BRIAN K TALBOT whose telephone number is (571)272-1428. The examiner can normally be reached Monday -Friday 7-4PM.
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, MICHAEL CLEVELAND can be reached at 571-272-1418. 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.
/BRIAN K TALBOT/ Primary Examiner, Art Unit 1712