Prosecution Insights
Last updated: July 17, 2026
Application No. 18/198,477

METHOD OF PREPARING POSITIVE ELECTRODE ACTIVE MATERIAL FOR LITHIUM SECONDARY BATTERY USING WASTE POSITIVE ELECTRODE ACTIVE MATERIAL

Final Rejection §103
Filed
May 17, 2023
Priority
Dec 24, 2020 — RE 10-2020-0183671 +1 more
Examiner
NGUYEN, KHANH TUAN
Art Unit
1761
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Ecopro BM Co., Ltd.
OA Round
2 (Final)
74%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allowance Rate
799 granted / 1074 resolved
+9.4% vs TC avg
Strong +19% interview lift
Without
With
+18.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 8m
Avg Prosecution
25 currently pending
Career history
1098
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
75.3%
+35.3% vs TC avg
§102
14.0%
-26.0% vs TC avg
§112
8.1%
-31.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1074 resolved cases

Office Action

§103
DETAILED ACTION Final 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 Amendment The amendment filed on 04/20/2026 is entered and acknowledged by the Examiner. Claims 7-9, 15, and 20 have been amended. Claims 1-6 were withdrawn from further consideration by the Examiner. Claims 7-20 are currently pending in the instant application. The objection of claims 8-9 and 20 due to minor informality is withdrawn in view of Applicant’s amendment. The rejection of claims 8-9, 15, and 20 under 35 U.S.C. 112 (b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite is withdrawn in view of Applicant’s amendment. The rejection of claims 7-19 under 35 U.S.C. 103 as being unpatentable over Choi (KR 1020170033787) in view of Toshiyuki (JP 2004039539 A) is maintained. The rejection of claim 20 under 35 U.S.C. 103 as being unpatentable over Choi and Toshiyuki in view of You (US 20180241073 A1) is maintained. Response to Arguments Applicant's arguments filed on 04/20/2026 have been fully considered but they are not persuasive. The amendment to independent claim 7 to include a feature of: “(a) preparing a slurry by mixing a waste positive electrode active material, at least one sub-raw material and a solvent, prior to grinding; (b) grinding the waste positive electrode active material and the at least one sub-raw material together in the slurry” have been considered by the Examiner. At page 9 of Applicant’s remark, Applicant’s main argument is Choi does not teach or suggest the above feature. Rather, Choi discloses grinding the waste positive electrode active material, and then mixing the ground waste positive electrode active material and the sub-raw material. That is, the sub-raw material of Choi is added to the slurry after grinding the waste positive electrode active material. The Examiner respectfully disagrees with the Applicant’s remark. Choi discloses a method of preparing a cathode (positive electrode) active material by first milling lungs cathode active material (claimed wasted positive electrode active material) and pure water to form a slurry (See page 11, 2nd paragraph). Then injecting hydroxide nickel and cobaltous hydroxide compound into the slurry and mill to produce the cathode active material (See page 11, 3rd paragraph). The cobaltous hydroxide compound of Choi fulfills the claimed sub-raw material as recited in amended claim 7 and 9. The cobaltous hydroxide compound of Choi is mixed with the slurry of lungs cathode active material (claimed wasted positive electrode active material) by milling. In other words, the slurry of wasted positive electrode active material (lungs cathode active material) was prepared by milling lungs cathode active material. Then a sub-raw material (cobaltous hydroxide compound) is added to the slurry and milled to produce the cathode active material. The steps of adding the cobaltous hydroxide compound (the sub-raw material) to the slurry of lungs cathode active material and then milling to produce the cathode active material fulfills the claimed steps (a) and (b) as required in amended claim 7. Therefore, neither Toshiyuki nor You need to remedy the deficiency of Choi. Based on this rationale, the rejection of claims 7-20 are maintained over Choi, Toshiyuki, and You. 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 KHANH TUAN NGUYEN whose telephone number is (571)272-8082. The examiner can normally be reached M-F 9:00 AM to 5:00 PM EST. 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, Angela Brown-Pettigrew can be reached at (571) 272-2817. 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. /KHANH T NGUYEN/Primary Examiner, Art Unit 1761
Read full office action

Prosecution Timeline

May 17, 2023
Application Filed
Jan 20, 2026
Non-Final Rejection mailed — §103
Apr 20, 2026
Response Filed
Jun 18, 2026
Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12649654
HYDROGEN STORAGE BASED ON AQUEOUS FORMATE-BICARBONATE (HYDROGEN CARBONATE) EQUILIBRIUM
2y 5m to grant Granted Jun 09, 2026
Patent 12646711
HIGH-ENERGY LI-RICH ROCKSALT CATHODES WITH INHIBITED CATION MIGRATION
2y 3m to grant Granted Jun 02, 2026
Patent 12637553
ELECTRICALLY CONDUCTIVE COMPOSITION, SHEET-FORM FLEXIBLE ELECTRODE USING SAME, AND METHOD FOR PRODUCING SAID ELECTRODE
3y 1m to grant Granted May 26, 2026
Patent 12640369
LITHIUM NICKEL-BASED COMPOSITE OXIDE AS A POSITIVE ELECTRODE ACTIVE MATERIAL FOR RECHARGEABLE LITHIUM-ION BATTERIES
2y 6m to grant Granted May 26, 2026
Patent 12624265
ANTISTATIC AGENT, ANTISTATIC COMPOSITION COMPRISING SAME, ANTISTATIC RESIN COMPOSITION COMPRISING SAME, AND MOLDED ARTICLE THEREOF
4y 7m to grant Granted May 12, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
74%
Grant Probability
93%
With Interview (+18.7%)
2y 8m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1074 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month