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 .
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-8, 10, 13-18 and 20) in the reply filed on December 16, 2025 is acknowledged.
Claims 21-24 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on December 16, 2025.
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.
Claims 1-7, 10 and 18 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Guo et al. (CN111224187A). The English machine translation of Guo et al. is attached and is referenced below.
Regarding Claim 1, Guo et al. teaches a recycling and regeneration process of a waste lithium iron phosphate battery cathode (Para. [0030]) (i.e. a method of manufacturing a battery cell) comprising separating a positive electrode from a waste lithium-ion battery (Para. [0038], [0039]) (i.e. recovering a cathode module from a used battery cell) and assembling recovered electrode into a full cell with a negative electrode and electrolyte (Para. [0043]) (i.e. assembling a new battery cell using the recovered cathode module).
Regarding Claim 2, Guo et al. teaches all of the elements of the current invention in claim 1 as explained above.
Guo et al. further teaches the positive electrode sheet and positive electrode material are recovered (Para. [0038]) and assembled into the new full cell (Para. [0043]) (i.e. wherein the whole of the recovered cathode module is used in the new battery cell).
Regarding Claim 3, Guo et al. teaches all of the elements of the current invention in claim 1 as explained above.
Guo et al. teaches the cathode materials recovered from a waste lithium-ion battery (Para. [0008]) and defines waste lithium-ion batteries as end of lifespan batteries used in vehicles (Para. [0004]) (i.e. wherein the used battery cell is from a battery pack which has reached end-of-life).
Regarding Claim 4, Guo et al. teaches all of the elements of the current invention in claim 1 as explained above.
Guo et al. further teaches the positive electrode sheet and positive electrode material are recovered (Para. [0038]) and assembled into the new full cell with a pre-lithiated negative electrode (Para. [0043]) (i.e. wherein the new battery cell comprises the recovered cathode module and a new anode module).
Regarding Claim 5, Guo et al. teaches all of the elements of the current invention in claim 1 as explained above.
Guo et al. further teaches the assembled full cell comprises an electrolyte which is a carbonate electrolyte (i.e. wherein the new battery cell comprises a new electrolyte).
Regarding Claim 6, Guo et al. teaches all of the elements of the current invention in claim 1 as explained above.
Guo et al. further teaches the new full cell is a coin cell (Para. [0043]) and thus, inherently comprises a new separator. An inherent feature does not need to be recognized by the art at the time of the invention, but only that the subject matter is in fact inherent in the prior art reference. See MPEP §2112(II).
Regarding Claim 7, Guo et al. teaches all of the elements of the current invention in claim 1 as explained above.
Guo et al. further teaches the positive electrode sheet and positive electrode material are recovered (Para. [0038]) (i.e. wherein the recovered cathode module comprises an active material and a current collector).
Regarding Claim 10, Guo et al. teaches all of the elements of the current invention in claim 7 as explained above.
Guo et al. further teaches waste positive electrode sheet (i.e. current collector) has a load per unit area of the positive electrode material (Para. [0039]) (i.e. wherein the current collector acts as a substrate for the active material) and is assembled into functioning a coin cell (Para. [0043], [0045]). Thus, the current collector would inherently provide a path for current flow as it is part of a functioning coin cell. An inherent feature does not need to be recognized by the art at the time of the invention, but only that the subject matter is in fact inherent in the prior art reference. See MPEP §2112(II).
Regarding Claim 18, Guo et al. teaches all of the elements of the current invention in claim 1 as explained above.
Guo et al. further teaches a step of preparation of pre-lithiated graphite anode (Para. [0041]) (i.e. further comprising performing a pre-lithiation process on an anode module prior to assembling the new cell).
Claims 1-8 and 13-17 rejected under 35 U.S.C. 102(a)(2) as being anticipated by Park et al. (US 2021/0226273).
Regarding Claim 1, Park et al. teaches a method for recycling cathodes (Para. [0009]) comprising electrochemical relithiation including forming an electrode with the end-of-life batteries (i.e. recovering a cathode module from an end-of-life battery, see also Para. [0025]), making a battery cell, applying a current so that the cathode receives lithium ions from the counter electrode (Para. [0042]) and after the RM [redox mediator], the electrode was rinsed and put into a new coil cell with DBBQo electrolyte (Para. [0044]) (i.e. a method of manufacturing a battery cell, the method comprising recovering a cathode module from a used battery cell, and assembling a new battery cell using the recovered cathode module).
Regarding Claim 2, Park et al. teaches all of the elements of the current invention in claim 1 as explained above.
Park et a. further teaches the cathode composite recovered from the EOL battery comprises active material and the current collector (Para. [0060]) (i.e. the whole of the recovered cathode module is used in the new battery cell).
Regarding Claim 3, Park et al. teaches all of the elements of the current invention in claim 1 as explained above.
Park et a. further teaches the cathode composite is recovered from the EOL battery from vehicles (Para. [0021]) (i.e. wherein the used battery cell is from a battery pack which has reached end-of-life)
Regarding Claim 4, Park et al. teaches all of the elements of the current invention in claim 1 as explained above.
Park et al. further teaches after the RM [redox mediator], the [recovered cathode] electrode was rinsed and put into a new coil cell with DBBQo electrolyte (Para. [0025], [0044]) (i.e. wherein the new battery cell comprises the recovered cathode module and a new anode module).
Regarding Claim 5, Park et al. teaches all of the elements of the current invention in claim 1 as explained above.
Park et al. further teaches after the RM [redox mediator], the [recovered cathode] electrode was rinsed and put into a new coil cell with DBBQo electrolyte (Para. [0025], [0044]) (i.e. wherein the new battery cell comprises a new electrolyte).
Regarding Claim 6, Park et al. teaches all of the elements of the current invention in claim 1 as explained above.
Park et al. further teaches after the RM [redox mediator], the [recovered cathode] electrode was rinsed and put into a new coil cell with DBBQo electrolyte (Para. [0025], [0044]) and thus, inherently comprises a new separator. An inherent feature does not need to be recognized by the art at the time of the invention, but only that the subject matter is in fact inherent in the prior art reference. See MPEP §2112(II).
Regarding Claim 7, Park et al. teaches all of the elements of the current invention in claim 1 as explained above.
Park et a. further teaches the cathode composite recovered from the EOL battery comprises active material and the current collector (Para. [0060]) (i.e. the recovered cathode module comprise an active material and a current collector).
Regarding Claim 8, Park et al. teaches all of the elements of the current invention in claim 7 as explained above.
Park et al. further teaches the cathode material comprising lithium nickel cobalt manganese oxide (Table 1) (i.e. the active material comprises a lithium metal oxide).
Regarding Claim 13, Park et al. teaches all of the elements of the current invention in claim 1 as explained above.
Park et al. further teaches the electrochemical relithiation including forming an electrode with the end-of-life batteries, making a battery cell, applying a current so that the cathode receives lithium ions from the counter electrode (Para. [0042], [0025]) (i.e. comprising performing a re-lithiation process on the recovered cathode module) and after the RM [redox mediator], the electrode was rinsed and put into a new coil cell with DBBQo electrolyte (Para. [0044]) (i.e. prior to assembling the new battery cell).
Regarding Claim 14, Park et al. teaches all of the elements of the current invention in claim 13 as explained above.
Park et al. further teaches the electrochemical relithiation including forming an electrode with the end-of-life batteries, making a battery cell, applying a current so that the cathode receives lithium ions from the counter electrode (Para. [0042], [0025]) (i.e. wherein the re-lithiation process is an electrochemical process).
Regarding Claim 15, Park et al. teaches all of the elements of the current invention in claim 14 as explained above.
Park et al. further teaches the electrochemical relithiation including forming an electrode with the end-of-life batteries, making a battery cell, applying a current so that the cathode receives lithium ions from the counter electrode (Para. [0042], [0025]) (i.e. during the re-lithiation process, the recovered cathode module is used as an electrode).
Regarding Claim 16, Park et al. teaches all of the elements of the current invention in claim 13 as explained above.
Park et al. further teaches the electrochemical relithiation including forming an electrode with the end-of-life batteries, making a battery cell, applying a current so that the cathode receives lithium ions from the counter electrode which is lithium metal (Para. [0042], [0025]) (i.e. wherein the re-lithiation process is performed using a full cell in which the recovered cathode module is used as a negative electrode, the full cell further comprising a positive electrode comprising lithium).
Regarding Claim 17, Park et al. teaches all of the elements of the current invention in claim 13 as explained above.
Park et al. further teaches the relithiation with redox mediators includes the use of redox-mediator electrolyte which can deliver lithium ions to the cathode (Para. [0022]) (i.e. the re-lithiation process comprises chemical immersion with a lithium electrolyte).
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.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Guo et al. (CN111224187A) in view of Brambilla et al. (US 2020/0082997).
Guo et al. does not teach the method further comprising packaging the new battery cell in a container.
However, Brambilla et al. teaches forming an energy storage device which may be a battery (Para. [0029]) (i.e. a method of manufacturing a battery) wherein the storage cell is packaged into a cylindrical or prismatic housing (i.e. comprising packaging a new battery cell in a container) (Para. [0099]).
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 method of Guo et al. to incorporate the teaching of packaging the new battery cell in a container as taught by Brambilla et al., as a housing may provide robust physical protection to the cell (Para. [0099]).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 2021/0226273) in view of Brambilla et al. (US 2020/0082997).
Park et al. does not teach the method further comprising packaging the new battery cell in a container.
However, Brambilla et al. teaches forming an energy storage device which may be a battery (Para. [0029]) (i.e. a method of manufacturing a battery) wherein the storage cell is packaged into a cylindrical or prismatic housing (i.e. comprising packaging a new battery cell in a container) (Para. [0099]).
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 method of Park et al. to incorporate the teaching of packaging the new battery cell in a container as taught by Brambilla et al., as a housing may provide robust physical protection to the cell (Para. [0099]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARMINDO CARVALHO JR. whose telephone number is (571)272-5292. The examiner can normally be reached Monday-Thursday 7:30a.m.-5p.m..
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/ARMINDO CARVALHO JR./ Primary Examiner, Art Unit 1729