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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 07/21/2026 has been entered.
Response to Amendment
The amendments filed on 07/21/2026 and 07/24/2026 have been entered. Claims 1 is amended, Claim 5 is canceled, Claims 19-20 are newly added and Claims 1, 6, 8-10, 14-15 and 17-20 are pending.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 6, 8-9 and 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-7, and 9 of U.S. Patent No. 12091327 in view of Kang et al. (US 20210036356 A1).
Claims 1 and 8 of the current application have the same features as claims 1, 2 and 5 of the reference patent except for the wrap angle of the rollers falling within a different range however the skilled artisan would be well aware of the use of different wrap angles as evidenced by Kang et al. which has adjustable rollers which are capable of spanning less than 90 up to about 270° (Kang, [0018], figure 2), which overlaps the claimed range and would be an obvious variation to try.
Claim 6 of the current application is identical to claim 4 of the reference application.
Claim 9 of the current application is identical to claim 6 of the reference application.
Claim 19 of the current application corresponds to claim 5 of the reference application wherein
a porous heat resistant conveyor is reasonably capable of permitting a gas exchange.
Claim 20 of the current application is identical to claim 3 of the reference application.
Claims 10, 14-15, and 17-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of Application number 18/764850.
Claim 10 of the current application is identical to claim 1 of the reference application except for
the method being carried out by the apparatus of claim 1, however claims 2-4 describe an
apparatus consistent with the apparatus of claim 1 and therefore would be an obvious variation
to try.
Claim 14 of the current application is identical to claim 5 of the reference application.
Claim 15 of the current application is identical to claim 6 of the reference application.
Claim 17 of the current application is identical to claim 8 of the reference application.
Claim 18 of the current application is identical to claim 9 of the reference application.
Allowable Subject Matter
Claims 1, 6, 8-10, 14-15 and 17-20 have allowable subject matter.
The following is a statement of reasons for the indication of allowable subject matter:
The present invention is related to, inter alia a manufacturing apparatus of a cathode active material for lithium ion secondary batteries with a porous heat resistant conveying device, a heating unit with a plurality of heating rollers wherein the cathode active material raw material is heated with the heating member via the porous heat-resistant member, and all adjacent heating rollers are arranged opposite to one another, and each adjacent pair sandwiches and heats the raw material without leaving a gap between the rollers, wherein a contact face of the cathode active material raw material which is not held between the heating rollers but is in contact with the heating rollers on either side is heated and at the same time is configured so that a gas exchange can be performed via an open face of the cathode active material raw material which is not in contact with the heating rollers.
Takahashi et al (JP-H10297923 A – Machine Translation) is considered to be the closest relevant prior art to independent claim 1. Takahashi et al. discloses a manufacturing apparatus of a cathode active material for lithium ion secondary batteries, the apparatus comprising a conveying device and a forming member adapted to form the cathode active material raw material into a sheet (Takahashi, Paragraph [0020]) and conveying the sheet shaped cathode active material raw material (Takahashi, Figure 1 – Endless belt [4]). Takahashi et al. also discloses a raw material that contains a metallic compound and a lithium compound, the metallic compound including at least one metallic element selected from the group consisting of nickel, cobalt and manganese (LiMn2O4 cathode active material – (Takahashi, Paragraph [0008]).
Takahashi et al. discloses a heating unit adapted to heat the cathode active material raw material (Takahashi, heating system (5)) which can be configured in different ways based on the discretion of the skilled artisan. Takahashi also discloses a sheet like conveying member wherein the cathode active material raw material is heated with the heating member via the conveying member (Takahashi, Figure 1, (4) endless belt and heating system (5)) and that the structure of the heating device 5, the type of the heater 10, the material of the belt 4, and the like are not limited to such a configuration (Takahashi, Paragraph [0024]) and Takahashi et al. discloses the material of the conveying member (belt) to be steel, Takahashi also discloses the material of the belt is not limited to such a configuration (Takahashi, Paragraph [0024]). However, Takahashi et al. does not disclose, teach, or fairly suggest, nor render obvious a plural number of heating members adapted to heat the cathode active material raw material by heat conduction and the heating members are plural heating rollers and that the conveying member is placed on both the upper and lower surfaces of the cathode active material or that wherein a contact face of the cathode active material raw material which is not held between the heating rollers but is in contact with the heating rollers on either side is heated and at the same time is configured so that a gas exchange can be performed via an open face of the cathode active material raw material which is not in contact with the heating rollers.
Schaefer et al. (US 20020192548 A1) is also considered to be relevant prior art to independent claim 1. Schaefer et al. also teaches the conveying member is sheet-like and is placed on both the upper and lower surfaces of the cathode active material, and the cathode active material raw material is heated with the heating member via the conveying member while providing the benefit of achieving more even distribution of pressure, temperature and other forces over the surface of the active material (Shaefer, Figure 1b (116), Paragraph [0036]). Schaefer et al. also teaches a plurality of heating rollers that use conductive heat in order to heat the cathode active raw material and that some of the heating rollers are adapted to heat one surface of the cathode active material raw material, while a rest of the heating rollers are adapted to heat another surface of the cathode active material raw material and are alternately arranged from an upstream side to a downstream side in a conveying direction, while any adjacent two of the heating rollers are arranged as facing each other so as to hold the cathode active material raw material therebetween (Schaefer, Figure 1b (116)).
In addition, these heating rollers are taught as beneficial for simultaneously pressing and heating the cathode active material, combining two steps in the process of manufacturing as well as providing even heat distribution (Schaefer, Paragraph [0036]). While the heating rollers of Schaefer are configured for even heat distribution, they are arranged in but one configuration known to the skilled artisan and this configuration is not explicitly arranged so that a straight line connecting centers of any adjacent two of the heating rollers overlaps one straight line that forms the wrap angle of either one of the adjacent two heating rollers. However, Schaefer et al. does not disclose, teach, or fairly suggest, nor render obvious wherein a contact face of the cathode active material raw material which is not held between the heating rollers but is in contact with the heating rollers on either side is heated and at the same time is configured so that a gas exchange can be performed via an open face of the cathode active material raw material which is not in contact with the heating rollers.
Kang et al (US 20210036356 A1), is also considered to be relevant prior art to independent claim 1. Kang et al. teaches another configuration of heating rollers wherein the heating rollers are adjustable for tension and heat distribution of the electrode sheet and a straight line connecting centers of any adjacent two of the heating rollers overlaps one straight line that forms the wrap angle of either one of the adjacent two heating rollers (Kang, [0032], see Annotated Figure 2). However, Kang et al. does not disclose, teach, or fairly suggest, nor render obvious wherein a contact face of the cathode active material raw material which is not held between the heating rollers but is in contact with the heating rollers on either side is heated and at the same time is configured so that a gas exchange can be performed via an open face of the cathode active material raw material which is not in contact with the heating rollers.
Hirano et al. (TW 202032173 A – Machine Translation) is also considered to be relevant prior art to independent claim 1. Hirano et al. teaches a porous conveying member for transporting a sheet like material (Hirano, [19]) wherein the material of the porous conveying member is porous carbon or alumina (Hirano, [91]), which are well known to the skilled artisan to be heat resistant materials.
Hirano et al. also discloses the pore size of the porous heat resistant member is 10µm or less (Hirano, [92]), which falls within the claimed range. Hirano teaches a benefit of this configuration of conveying member to be preventing the base material from adhering to the conveying member and being uniformly supported wherein a pore size in that range the flow of hot air in the heating process can properly flow while still supporting the base material (Hirano, [91-92]). However, Hirano et al. does not disclose, teach, or fairly suggest, nor render obvious wherein a contact face of the cathode active material raw material which is not held between the heating rollers but is in contact with the heating rollers on either side is heated and at the same time is configured so that a gas exchange can be performed via an open face of the cathode active material raw material which is not in contact with the heating rollers.
Terai et al. (CN 103314044 A – Machine Translation), is also considered to be relevant prior art to independent claim 1. Terai et al. discloses a beneficial embodiment wherein the wrap angle of the rollers in the apparatus can be controlled by the skilled artisan and most preferably fall within the range of 90° or less (Terai, [0151]), However, Terai et al. does not disclose, teach, or fairly suggest, nor render obvious wherein a contact face of the cathode active material raw material which is not held between the heating rollers but is in contact with the heating rollers on either side is heated and at the same time is configured so that a gas exchange can be performed via an open face of the cathode active material raw material which is not in contact with the heating rollers.
Response to Arguments
The arguments and claim amendments filed 07/21/2026 and 07/24/2026 place the application in condition for allowance except for the formal requirements, i.e. the double patenting rejections above. As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
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/K.M.O./Examiner, Art Unit 1725
/JONATHAN CREPEAU/Primary Examiner, Art Unit 1725
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