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 .
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.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 10-18 are rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter.
The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because “Use” claims that do not purport to claim a process, machine, manufacture, or composition of matter fail to comply with 35 U.S.C. 101. In re Moreton, 288 F.2d 708, 709, 129 USPQ 227, 228 (CCPA 1961). ("one cannot claim a new use per se, because it is not among the categories of patentable inventions specified in 35 U.S.C. § 101 "). MPEP 2173.05(q).
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 10-18 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.
Regarding claims 10-18, see rejection of claims 10-18 under 35 USC 101 as being a “Use” claim. It is unclear whether the claim is intending to claim a “Use” or whether the claim is intending to claim a method. MPEP 2173.05(q)(I). Additionally, as a method, it is unclear what steps are additionally required for “metal recovery,” whether additional steps are required or steps specific to the recovery of a waste cathode piece of a lithium-ion battery have been removed. For examination purposes, the claims have been treated as method claims requiring the steps of the claim from which it depends. Furthermore, although claims 10-18 require “in metal recovery,” note that independent claim 1 already discloses obtaining a “safe aluminum slag block.” The phrase “in metal recovery” has been treated as being met when obtaining the safe aluminum slag block, wherein the composition of the aluminum slag block is metallic aluminum (see applicant’s specification, paragraph [0033]).
Claim Rejections - 35 USC § 103
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.
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(s) 1-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cao et al (CN 105895854, cited in IDS filed 6/30/23) in view of Cai et al (CN 107732352 A, cited in IDS filed 6/30/23), Nishikawa (US 2023/0107938), Withers (US 4,342,637 A), and Siljan et al (US 2004/0112757).
Regarding claim 1, Cao et al teaches a method for a safe recovery of a waste cathode piece of a lithium ion battery (paragraph [0012], recycling scrap from lithium-ion battery cathodes, paragraph [0025], safe), comprising the following steps:
(1) crushing and sieving the waste cathode piece to obtain cathode powder A and a crushed aluminum slag (paragraph [0014], crushing the scraps of lithium-ion battery positive electrode, paragraph [0016], sieved to obtain the positive electrode material powder and aluminum particles); and
(4) melting the aluminum to obtain high-purity metallic aluminum (paragraph [0041], aluminum particles have a small amount of residual cathode material and carbon on their surface).
Cao et al teaches that the aluminum particles obtained by screening have a small amount of residual cathode material, and that the cathode material can further be recovered if it accumulates to a certain amount (paragraph [0041]), however, is quiet to the steps to do so, such as (2) mixing the crushed aluminum slag with an acid solution, and then performing wet sieving to obtain an aluminum slag and a battery powder; and then (3) washing the aluminum slag obtained in step (2) first with water.
Cai et al teaches recovering metals from waste lithium-ion battery cathode materials (paragraph [0002]), including a sulfuric acid reduction leaching after the powder has been crushed and sieved (paragraph [0010-0011]). After the reaction is completed, the mixture is sieved through a vibrating screen to obtain the leaching solution and aluminum foil powder (paragraph [0011]), which are then filtered and washed (paragraph [0011]). The resulting aluminum foil can be sent to electrolytic aluminum process for purification (paragraph [0038]). Sodium hydroxide can be added to the leaching solution to precipitate salts and to allow lithium to flocculate and separate (paragraph [0012]). Cai et al teaches the sulfuric acid reduction leaching and sieving process simplifies the metal separation and recovery process, avoids the generation of flammable and explosive hydrogen gas, and does not contain solid waste (paragraph [0031]).
It would have been obvious to one of ordinary skill in the art to modify Cao et al such that the additional residual cathode material of the aluminum particles can be further recovered by a sulfuric acid reduction leaching step and washing step as taught in Cai et al, as Cai et al teaches the process simplifies separation and avoids generation of flammable and explosive hydrogen gas (paragraph [0031]).
The combination of Cao et al as modified by Cai et al is quiet to washing with an explosion suppressant; wherein the explosion suppressant is a saturated calcium hydroxide solution; and centrifuging to obtain an explosion suppressing aluminum slag. The combination is also quiet to stirring under ultrasound in step (2).
Nishikawa teaches recovering valuable substances from lithium ion batteries (abstract). Nishikawa teaches an acid leaching step of adding an acidic solution and subsequently performing solid-liquid separation to obtain an acid leaching liquid and an acid leaching residue (paragraph [0016]). The acid leaching residue may be washed with water, and may be subjected to solid-liquid separation after washing with water (paragraph [0172]). Washing with water makes it possible to reduce the amount of adherent acidic solution (paragraph [0172]). Nishikawa further teaches neutralizing the acid leaching liquid (paragraph [0173]) using calcium hydroxide (paragraph [0181]) as it can be easily removed, and that when sulfuric acid is used as the acid in the acid leaching step, an alkali containing calcium would form calcium sulfate which can be separated (paragraph [0182]). In the leaching method, the resultant may be stirred (paragraph [0163-0164]). Nishikawa further teaches ultrasonic stirring is known (paragraph [0119]). Nishikawa further teaches a preferable method for solid-liquid separation may be filter paper, filter press, or a centrifuge (paragraph [0157]).
It would have been obvious to one of ordinary skill in the art to modify the combination to further include neutralizing the aluminum slag, as Nishikawa suggests reducing the amount of adherent acidic solution by washing with water, and that it would have been obvious to further wash with calcium hydroxide as Nishikawa teaches calcium hydroxide functioning as a neutralizing agent for sulfuric acid. It would have been obvious to one of ordinary skill in the art to modify the combination such that the acid leaching step includes ultrasonic stirring and that solid-liquid separation is performed by centrifuging, as Nishikawa teaches that the resultant during leaching can be stirred, ultrasonic stirring is a known method of gently stirring (paragraph [0119]), and separating by centrifuge is a functionally equivalent alternative to other separation forms such as filter paper or filter press (paragraph [0157]).
The combination above teaches purifying and melting the aluminum (Cao, paragraph [0041], melting to obtain high purity metallic aluminum, Cai, paragraph [0038], electrolytic aluminum process for purification), but is quiet to doing so by packaging and compressing the explosion suppressing aluminum slag to obtain an aluminum slag block; connecting two ends of the aluminum slag block to a positive plate and a negative plate of a DC source respectively, applying a current to melt the aluminum slag block, and cooling to obtain a safe aluminum slag block.
Withers teaches electrolytic production of aluminum from aluminous materials using an electrolyte bath where the anode includes the source of aluminum (col 1 lines 15-25). The source of aluminum may be in intimate physical contact with the anode, in the form of a mixture of powders, small pellets, or larger composite briquettes that may have been formed by molding or extrusion, where uniformity of the distribution has been found to be desirable to maintain anode efficiency (col 1 lines 25-55). Electrolysis occurs preferably at temperatures exceeding the melting point of aluminum (col 6 lines 30-36). Figure 5 shows the aluminum source, such as small particles, in contact with anode 52, and connected to the cathode 45,46 through the electrolyte. As shown in figure 4, clamps 47 are provided for the source of the electric current (col 4 lines 65-68). The particulate mixture is replenished as it is consumed in the reaction (col 4 lines 1-15).
It would have been obvious to one of ordinary skill in the art to modify the combination such that the aluminum foil powder separated from the combination is compressed into briquettes and used as aluminum sources for production of aluminum via electrolysis using direct current, as Withers teaches a production process that has great energy savings (col 1 lines 15-25) as the current can be passed through conductors of low electrical resistance (col 3 line 60 - col 4 line 15).
The combination is quiet to the positive or negative plate being a circulating liquid-cooled hollow metal plate.
Siljan teaches production of molten aluminum by electrolysis (abstract). Siljan teaches that the anodes may be made of metals or metal alloys (paragraph [0038]) and are connected to a peripheral busbar system through connections 3 in which the temperatures can be controlled through a cooling system 4 (paragraph [0033]). Excess heat generated is withdrawn from the cell through the water-cooled electrode connections and/or the use of auxiliary means of cooling like heat pipes (paragraph [0040]).
It would have been obvious to one of ordinary skill in the art to modify the electrodes of the combination so as to be made of metal and have a water-cooled connection, as excess heat must be withdrawn (Siljan, paragraph [0040]) and that the heat can be used for heat/energy recovery depending on desired heat balance and operating conditions of the cell (Siljan, paragraph [0040]).
Regarding claim 2, the combination teaches wherein step (2) further comprises the following steps: filtering the battery powder and washing a resulting filter residue to obtain cathode powder B (note combination, wherein Cai et al teaches washing and filtering, and separating Li), mixing the cathode powder A and the cathode powder B (obvious in combination as Cao teaches further processing the recovered positive electrode material, and that additional positive electrode material that was residual on the aluminum can be recovered to reduce material loss (paragraph [0041])), soaking and stirring a resulting mixture in an aluminum-dissolving solution, filtering, washing a resulting residue to obtain cathode powder (Cao, paragraph [0055] washing the sieved positive electrode material for 30 mins in a NaOH solution, let stand, filtering the bottom slurry, washing the filter cake with water, filter, and drying to obtain qualified positive electrode material).
Regarding claim 3, the combination teaches wherein the aluminum-dissolving solution is a sodium hydroxide solution (Cao, paragraph [0042], water soluble alkaline substances such as sodium hydroxide for removing carbon and aluminum from the cathode material, paragraph [0055], NaOH solution).
Regarding claim 4, the combination suggests a volume concentration of the aluminum-dissolving solution is 0.003-2 mol/L (Cao, paragraph [0055], 1.5 mol/L NaOH); and a temperature of the aluminum-dissolving solution is 15-45°C (Cao, paragraph [0053-0055], not explicit, however, discloses the crushed material is cooled to room temperature and then washed with the NaOH solution, suggesting room temperature, which falls within the claimed range).
Regarding claim 5, the combination teaches the acid is sulfuric acid (Cai, paragraph [0011], sulfuric acid).
Regarding claim 6, the combination is quiet to a solid-to-liquid ratio of the crushed aluminum slag to the acid solution is 1: 0.3-5 kg/L and a concentration of the acid solution is 0.1-2 mol/L.
However, Cai et al teaches several examples where a liquid to solid ratio of the leaching step is varied, as well as the amount of sulfuric acid added (paragraph [0051], [0057], [0065]), so as to control the final pH. Cai et al teaches that the pH range for controlling acidity is 1-1.5 (paragraph [0017]).
It would have been obvious to one of ordinary skill in the art, through routine experimentation, to optimize the solid to liquid ratio and the concentration of the acid solution, to be the claimed range, as Cai et al teaches the amount of acid solution is a result effective variable that adjusts the pH (paragraph [0051,0057,0065]), where it is desired for the final pH to be alkaline (paragraph [0031]).
"[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). MPEP 2144.05(II).
Regarding claim 7, the combination is quiet to the aluminum slag is washed with water for 0.5-5 min and washed with the explosion suppressant for 0.5 - 5 min.
However, Nishikawa teaches washing with an amount of water so as to reduce the amount of adherent acidic solution (paragraph [0172]).
It would have been obvious to one of ordinary skill in the art to modify the combination so as to wash the aluminum slag for an overlapping amount of time, in order to provide enough water to reduce the amount of adherent acidic solution. Note that it would similarly be obvious to wash with the neutralizing agent for a sufficient amount of time to neutralize the remaining adherent acidic solution. "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). MPEP 2144.05(II).
Regarding claim 8, the combination is quiet to wherein the current is 80-500 A and the current is applied for 0.5-5 s. However, Withers et al teaches that the process conditions for the electrolytic production of aluminum have not been found to be critical with respect to the voltage applied or the current density (col 11 lines 27-46). Withers et al teaches that the spacing between anode and cathode may vary depending on the desired current density, and can be chosen for substantial energy savings (col 9 lines 1-10), with exemplary current densities ranging from 2 to 40 amps/in2 (col 15 lines 1-25).
It would have been obvious to one of ordinary skill in the art to select a range of operating conditions falling within the claimed range, as Withers teaches the process conditions are not critical and can be selected for substantial energy savings (col 9 lines 1-10). "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). MPEP 2144.05(II).
Regarding claim 9, the combination teaches the positive plate or the negative plate is a circulating liquid-cooled hollow metal plate (note combination, Siljan paragraph [0033] temperatures controlled through cooling system 4, paragraph [0040], water cooled electrode connections); wherein the metal is copper (note combination, Siljan teaches in paragraph [0038] the anodes are preferably made of metals, metal alloys, ceramic materials, cermets, etc, with high electrical conductivity, and that Siljan recognizes that copper has been considered as a possible anode material in paragraph [0010]).
Regarding claims 10-18, the combination teaches the method used in metal recovery, as metallic aluminum is recovered (Cao, paragraph [0041], high purity metallic aluminum, Cai, paragraph [0038], electrolytic aluminum process for purification).
Conclusion
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/JACKY YUEN/
Examiner
Art Unit 1735
/KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735