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 .
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 8-14 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 these claims recite a use but fail to recite steps for the process. There are no active process steps recite din these claims regarding the use of the process of claims 1-7 in the method of preparation of a lithium ion battery.
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 8-14 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. The claims are indefinite because they recite a use but do not recite any steps. The scope of the claims cannot be determined by a person of ordinary skill since no active steps are recited.
Allowable Subject Matter
Claims 1-7 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: Claim 1 requires “A preparation method for a nanosized lithium cobalt oxide cathode material, consisting of the following steps: (1) mixing a carbonate solution with a dispersant, adding a cobalt salt solution to perform a reaction, then aging, filtering to obtain a filter residue, drying the filter residue to obtain a nano-CoCO3 powder, and then calcinating the nano-CoCO3 powder to obtain a Co3O4 precursor; (2) mixing the CoO4 precursor with a lithium salt, and subjecting a resulting mixture to calcinating, cooling, pulverizing and sieving to obtain the nanosized lithium cobalt oxide cathode material; wherein a total molar amount of Co2+ in the cobalt salt solution is no more than 115 of a total molar amount of carbonate in the carbonate solution; in step (1), the dispersant is one or more selected from the group consisting of methanol, ethanol, ethylene glycol, propanol and glycerol; in step (2), the calcinating is carried out at a temperature of 900-1200°C for 6-18 h.”
CN 1472829 discloses a method for preparing a lithium-ion battery positive electrode material, namely, lithium cobaltate, the method comprising: using a two-stage solid-phase synthesis method with a nanoscale cobalt oxide (Co3O4) powder and battery-grade lithium carbonate (Li2CO3) as raw materials, fully mixing the raw materials at an Li/Co molar ratio= 1.03-1.05; in the first stage, roasting same at 700-800°C, and then cooling same to room temperature, followed by ball milling; and in the second stage, roasting same at 800-850°C, and then cooling, jet milling and grading same to prepare a lithium cobaltate powder (see claims 1 and 2). However, there is no teaching or suggestion from the reference regarding “(1) mixing a carbonate solution with a dispersant, adding a cobalt salt solution to perform a reaction, then aging, filtering to obtain a filter residue, drying the filter residue to obtain a nano-CoCO3 powder, and then calcinating the nano-CoCO3 powder to obtain a Co3O4 precursor; …wherein a total molar amount of Co2+ in the cobalt salt solution is no more than 115 of a total molar amount of carbonate in the carbonate solution; in step (1), the dispersant is one or more selected from the group consisting of methanol, ethanol, ethylene glycol, propanol and glycerol; in step (2), the calcinating is carried out at a temperature of 900-1200°C for 6-18 h”
CN 1344682 discloses a method for preparing a Co3O4 nanopowder through chemical precipitation and thermal decomposition, the method comprising (See Pg. 5 section 1 and 2): (1) dissolving a cobalt nitrate crystal in high-purity water to prepare a cobalt nitrate solution, and preparing a precipitant into a suspension by using food-grade NH4HCO3; (2) preparation of a cobalt salt precipitate, involving adding cobalt nitrate to the ammonium bicarbonate suspension with stirring, such that the molar ratio of CO32-/Co2+ = 2.4-2.6, adjusting the pH, and after feeding is completed, continuing stirring, standing and separation; and (3) preparation of the Co3O4 nanopowder, involving heating cobalt carbonate resulting from the previous step to 300-450°C to obtain a black powder, wherein the granularity of the Co3O4 product is less than 100 nm (see claim 1, Pg. 6 sections 3 and 4and figure 2). However, there is no teaching or suggestion regarding “…(2) mixing the CoO4 precursor with a lithium salt, and subjecting a resulting mixture to calcinating, cooling, pulverizing and sieving to obtain the nanosized lithium cobalt oxide cathode material; wherein a total molar amount of Co2+ in the cobalt salt solution is no more than 115 of a total molar amount of carbonate in the carbonate solution; in step (1), the dispersant is one or more selected from the group consisting of methanol, ethanol, ethylene glycol, propanol and glycerol; in step (2), the calcinating is carried out at a temperature of 900-1200°C for 6-18 h.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYED TAHA IQBAL whose telephone number is (571)270-5857. The examiner can normally be reached M-F; 7-5.
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/SYED T IQBAL/ Examiner, Art Unit 1736
/ANTHONY J ZIMMER/ Supervisory Patent Examiner, Art Unit 1736