PREPARATION METHOD OF PLATY ALUMINUM-DOPED COBALT CARBONATE AND USE THEREOF
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/9/2023 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 5 is objected to because of the following informalities: “an ammonium bicarbonate solution” should be amended to “the ammonium bicarbonate solution” as there is already antecedent basis for this limitation in claim 1. Appropriate correction is required.
Claims 10-18 are objected to because of the following informalities: a comma is needed between the claim number and beginning of limitation. See MPEP 608.01(n) for proper claim structure. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 10-18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Claims 10-18 disclose the preparation method of claims 1-9 is used in the preparation of a lithium cobalt oxide cathode material. However, the specification does not disclose how the preparation method makes an actual cathode material, let alone a lithium cobalt oxide material. The claims are clearly directed to a method of synthesizing a platy aluminum-doped cobalt carbonate, not a lithium cobalt oxide material. The Examiner requests the Applicant to highlight where in the specification the method of making a platy aluminum-doped cobalt carbonate is use to make a lithium cobalt oxide cathode material.
Claims 10-18 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 10-18 disclose the preparation method of claims 1-9 is used in the preparation of a lithium cobalt oxide cathode material. However, the specification does not disclose a preparation method used to make an actual cathode material, let alone a lithium cobalt oxide material. The claims are clearly directed to a method of synthesizing a platy aluminum-doped cobalt carbonate, not a lithium cobalt oxide material. The Examiner requests the Applicant to highlight where in the specification the method of making a platy aluminum-doped cobalt carbonate is use to make a lithium cobalt oxide cathode material.
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.
Claim 4 is 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 4 recites the limitation "the seed crystal". There is insufficient antecedent basis for this limitation in the claim.
Allowable Subject Matter
Claims 1-3 and 5-9 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the closest prior art of record found is CN 111056575 B, CN 113772746 A, CN 113636604 A, and CN 109133198 A. Each of these references disclose various method of making cobalt carbonate (‘575) and aluminum-doped cobalt carbonate (‘746, ‘604, and ‘198). However, none of the references teach utilizing a polyhydroxy compound to make a seed crystal solution or controlling a solid content of a slurry to be 20-40% during a rection. Further, prior art searches did not yield any results of utilizing a polyhydroxy compound to synthesize an aluminum-doped cobalt carbonate.
Claim 4 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. CN 111056575 B, CN 113772746 A, CN 113636604 A, and CN 109133198 A.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL S GATEWOOD whose telephone number is (571)270-7958. The examiner can normally be reached M-F 8:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ula Tavares-Crockett can be reached at 571-272-1481. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Daniel S. Gatewood, Ph.D.
Primary Examiner
Art Unit 1729
/DANIEL S GATEWOOD, Ph. D/Primary Examiner, Art Unit 1729 February 19th, 2026
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