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 .
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.
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Claims 1-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 17-26 of copending Application No. 18/213,340 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because both the pending application and copending Application No. 18/213,340 teach a method for recovering metal from assorted waste Li- ion batteries comprising the following steps neutralizing said assorted waste Li-ion batteries by dipping it in a brine solution, mechanical treatments and thermally processing to obtain lithium carbonate and metals.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Claim(s) 1-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liet al. (CN106450542) in view of Okajima (J7232119) in view of Goda et al. (U.S. Pub. No. 2022/0045375).
Regarding claim 1, Li et al. teaches “Recycling of waste lithium-ion battery involves soaking a waste lithium-ion battery in sodium chloride solution, discharging the battery, crushing, stripping battery shell and the battery core, subjecting battery shell and core to vibrating and sieving process, collecting lithium-manganese oxide, graphite powder and binder, performing magnetic separation to remove metal component” which corresponds with method for recovering metal oxides/carbonates from assorted waste Li- ion batteries, said method comprising the following steps: a. neutralizing said assorted waste Li-ion batteries by dipping it in a brine solution for a first predetermined time period to obtain neutralized batteries; b. treating mechanically said neutralized batteries to obtain a first black mass having a predetermined particle size (page 2). Li et al. teaches separating aluminum foil current collector of anode and copper foil current collector of cathode from the plastic shell and plastic film by eddy current, hammer crushing the remaining battery positive and negative current collector, vibrating, sieving, completely stripping lithium-manganese oxide powder, binder and graphite powder from the positive and negative current collector which corresponds with c. separating said first black mass by screening through a sieve having a predetermined screen size to obtain aluminum (Al), copper (Cu) and a second black mass (page 2). Li et al. teaches adding lithium-manganese oxide powder into a calciner, vacuumizing to less than 1000 Pa, sealing the reaction system, calcining at 700-1000 degrees C for 30-60 minutes, such that 4 moles lithium-manganese oxide and 3 moles carbon are reacted to form 2 moles lithium carbonate, 8 moles manganese oxide and carbon dioxide, washing the resultant calcined product with water, filtering, concentrating the filtrate by heating, filtering to room temperature to obtain lithium carbonate powder which corresponds with d. reducing said second black mass by a carbo-thermal treatment at a first predetermined temperature for a second predetermined time period to obtain a first mixture; e. adding water to said first mixture followed by mixing to obtain a solution comprising lithium carbonate (Li2CO3) and a first residual mass; f. separating said lithium carbonate (Li2CO3) from said solution by crystallization to obtain a crystallized lithium carbonate (Li2CO3) and a separated first residual mass (page 2). Li et al. does not teach an acid/oxidation process to separate out iron, cobalt and nickel or solvent extraction.
Okajima teaches in order to recover valuable metals from lithium ion battery waste, battery powder or the like obtained through roasting or other predetermined processes is usually added to acid and leached, and the lithium, nickel, and cobalt that may be contained therein are extracted, manganese, iron, copper, aluminum, etc. are dissolved in an acidic solution (page 1). Okakima teaches oxidizing iron with an oxidizer such as manganese dioxide and an acid such as sulfuric acid to lower pH which meets the limitations g. leaching said separated first residual mass by treating it with at least one first mineral acid in the presence of an oxidizing agent at a second predetermined temperature at a predetermined speed to obtain a second mixture containing iron sulfate and a first aqueous phase; h. separating said first aqueous phase from said second mixture to obtain a separated iron sulfate and a separated first aqueous phase (page 4). Okakima teaches solvent extraction but does not provide specify types of solvents.
Goda et al. teaches method for processing positive electrode active material waste of lithium ion secondary batteries, the waste containing cobalt, nickel, manganese and lithium, the method including: a carbon mixing step of mixing the positive electrode active material waste in the form of powder with carbon to obtain a mixture having a ratio of a mass of carbon to a total mass of the positive electrode active material waste and the carbon of from 10% to 30%; a roasting step of roasting the mixture at a temperature of from 600° C. to 800° C. to obtain roasted powder; a dissolution step including a first dissolution process of dissolving lithium in the roasted powder in water or a lithium-containing solution, and a second dissolution process of dissolving the lithium in a residue obtained in the first dissolution process in water; and an acid leaching step of leaching a residue obtained in the lithium dissolution step with an acid (abstract). Goda et al. teaches Mn extracted solution obtained in the Mn extraction step mainly contains cobalt and nickel, and the like. The Mn extracted solution is subjected to solvent extraction, preferably using a phosphonate ester-based extracting agent, and cobalt is extracted from the Mn extracted solution into a solvent at a pH of 2.5 to 4.0 which meets the limitations i. mixing said separated first aqueous phase with a first fluid medium to obtain a first biphasic mixture comprising a second aqueous phase containing cobalt (Co) and nickel (Ni); and a first organic phase containing manganese (Mn); j. separating said first organic phase containing manganese (Mn) from said first biphasic mixture to obtain a separated first organic phase containing manganese (Mn) and a separated second aqueous phase containing cobalt (Co) and nickel (Ni); k. separating manganese (Mn) from said separated organic phase by stripping it with at least one second mineral acid to obtain an acid solution containing manganese (Mn) and a first filtrate I. precipitating said acid solution containing manganese (Mn) to obtain manganese dioxide (MnO2) (paragraphs 69 and 70). Goda et al. teaches extraction step is then carried out by a solvent extraction method in order to separate the cobalt ions from the nickel ions and the like to extract selectively the cobalt ions from the cobalt solution. An equilibrium pH during extraction is preferably from 4 to 7, but an appropriate pH range may be beyond that range, because the appropriate pH range varies depending on combinations of a cobalt concentration, a volume fraction of an extracting agent, a phase ratio of oil and water, a temperature, and the like and after the extraction, the organic phase containing cobalt ions is back-extracted using a back extracting solution such as an acidic aqueous solution of sulfuric acid, hydrochloric acid, nitric acid or the like which meets the limitations of m. mixing said separated second aqueous phase containing cobalt (Co) and nickel (Ni) obtained in step (j) with a second fluid medium to obtain a second biphasic mixture comprising a third aqueous phase containing nickel (Ni) and a second organic phase containing cobalt (Co); n. separating said second organic phase containing cobalt (C) from said second biphasic mixture to obtain a separated third aqueous phase containing nickel (Ni) and a separated second organic phase containing cobalt (Co); o. separating cobalt (Co) from said separated second organic phase by stripping it with at least one third mineral acid to obtain an acid solution containing cobalt (Co) and a second filtrate; p. precipitating said acid solution containing cobalt (Co) to obtain cobalt oxide (CO3O4) (paragraphs 71-79). Goda et al. teaches a nickel recovery step comprising after the Co recovery step, the Co extracted solution obtained by the solvent extraction is preferably subjected to solvent extraction using a carboxylic acid-based extracting agent to separate nickel from the Co extracted solution and the nickel-containing extracting agent (organic phase) after the solvent extraction can be back-extracted with an acidic aqueous solution of sulfuric acid, hydrochloric acid, nitric acid or the like. Nickel that has moved to the aqueous phase side is recovered by electrowinning which meets the limitation of q. mixing said separated third aqueous phase containing nickel (Ni) obtained in step (n) with oxalic acid to obtain an acidic solution containing nickel oxalate; and r. precipitating said acid solution containing nickel oxalate followed by heating at a temperature in the range of 800 ̊C to 1000 ˚C to obtain nickel oxide (NiO) (paragraphs 80-86).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, recites a “predetermined” time period in step (a), particle size in step (b), screen size in step (c), temperature in step (d), second predetermined time period in step (d), and a second predetermined temperature at a predetermined speed in step (g). The word “predetermined” merely means “determined beforehand”. Given that the claim sets no limitations on the values of any of the predetermined parameters, nor do they indicate any criteria for how one would determine appropriate values for those parameters, it is unclear what methods are (or conversely are not) intended to fall within the scope of the claim. For purposes of examination, the claims will be given their broadest reasonable interpretation consistent with the specification, and methods that include any values for those parameters will be held to fall within the scope of the claim.
Claim 1, step (e) recites “adding water to said first mixture followed by mixing to obtain a solution comprising lithium carbonate (Li2CO3)” but fails to state how lithium carbonate was obtained. It is not clear whether carbonate was added to the first mixture or whether carbonate was formed during the carbo-thermal process or whether the addition of water caused a chemical reaction to form the lithium carbonate and therefore the limitation is indefinite.
Claim 1, step (f) recites “separating said lithium carbonate (Li2CO3) from said solution by crystallization to obtain a crystallized lithium carbonate (Li2CO3)” however neither the claim or specification defines the means for achieving crystallization. The process of crystallization is highly dependent on controlling temperature, concentration, and impurity levels and can be achieved through evaporation, reactive precipitation with sodium carbonate, or controlled temperature reduction of solutions. The limitation is therefore indefinite for failing to define the method to achieve crystallization.
Claim 1, steps (k) and (f) recite “separating manganese (Mn) from said separated organic phase by stripping it with at least one second mineral acid to obtain an acid solution containing manganese (Mn) and a first filtrate; I. precipitating said acid solution containing manganese (Mn) to obtain manganese dioxide (MnO2)”. The limitations are indefinite because it is not clear what is filtered to form “a first filtrate”.
Claim 2 recites “wherein said first filtrate obtained in step (k) and said second filtrate obtained in step (o) is regenerated to obtain said first fluid medium and said second fluid medium”. Claim 2 is indefinite because the limitation is not clear how to regenerate “said first filtrate obtained in step (k) and said second filtrate obtained in step (o)”
Claims 3-19 are indefinite for depending from claim 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Liu et al. (U.S. Pub. No. 2019/0152797) teaches “dissolving battery wastes with acid, removing iron and aluminum, removing calcium, magnesium and copper, carrying extraction separation, and carrying out evaporative crystallization to prepare nickel sulfate, manganese sulfate, lithium sulfate, cobalt sulfate or/and tricobalt tetraoxide” (abstract).
Arakawa et al. (U.S. Pub. No. 2020/0044295) teaches a method for treating lithium ion battery scrap containing Li, Ni, Co, Mn, Al, Cu and Fe, the method comprising carrying out a calcination step, a crushing step and a sieving step in this order, and after the steps, the method comprising: a leaching step of leaching the lithium ion battery scrap by adding it to an acidic solution to leave at least a part of Cu as a solid; a Fe/Al removal step comprising allowing a leached solution obtained in the leaching step to pass through a Fe removal process for separating and removing Fe by addition of an oxidizing agent and an Al removal process for separating and removing a part of Al by neutralization in any order; an Al/Mn extraction step of extracting and removing a residue of Al and Mn from a separated solution obtained in the Fe/Al removal step by solvent extraction; a Co recovery step of extracting and back-extracting Co from a first extracted solution obtained in the Al/Mn extraction step by solvent extraction and recovering the Co by electrolytic winning; a Ni recovery step of extracting and back-extracting, by solvent extraction, a part of Ni from a second extracted solution obtained by the solvent extraction in the Co recovery step and recovering the Ni by electrolytic winning; a Li concentration step of extracting and back-extracting, by solvent extraction, a residue of Ni and Li from a third extracted solution obtained by the solvent extraction in the Ni recovery step and repeating the operations of the extracting and the back-extracting to concentrate Li; and a Li recovery step of carbonating Li in a Li concentrated solution obtained in the Li concentration step to recover the Li as lithium carbonate.
Kobayashi et al. (U.S. Pub. No. 2011/0135547) teaches a method for recovering nickel from an sulfuric acid aqueous solution, for recovering nickel in an effectively utilizable form as a raw material of nickel industry material, by separating efficiently impurity elements of iron, aluminum, manganese and the like, from the sulfuric acid aqueous solution containing nickel and cobalt, and the impurity elements, iron, aluminum, manganese and the like
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/GUINEVER S GREGORIO/Primary Examiner, Art Unit 1732 02/17/2026