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 Claims 1-6 were withdrawn from further consideration by the Examiner.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The objection of claims 8-9 and 20 due to minor informality is withdrawn in view of Applicant’s amendment.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of claims 8-9, 15, and 20 under 35 U.S.C. 112 (b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite is withdrawn in view of Applicant’s amendment.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.
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/KHANH T NGUYEN/Primary Examiner, Art Unit 1761
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