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 papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
3. The information disclosure statements (IDS) submitted on 5/2/2023 has/have been received and complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Accordingly, the information disclosure statement(s) is/are being considered by the examiner, and a copy with initials is attached herewith.
Drawings
4. The drawings were received on 5/2/2023. These drawings are acceptable.
Election/Restrictions
5. Applicant’s election without traverse of Group I (claims 1-8 and 12-14) in the reply filed on 1/9/2026 is acknowledged. Therefore, claims 1-8 and 12-14 are examined on the merits.
Claim Rejections - 35 USC § 103
6. 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.
7. 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.
8. 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.
9. Claim(s) 1-8 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hayner et al (US 20160372784 A1) in view of Yue et al (CN 101188293 A) and Herle et al (US 20190013516 A1).
Regarding claims 1, 8 and 12, Hayner discloses a method for preparing a lithium iron phosphate lithium-rich oxide composite for lithium ion batteries. Hayner teaches providing a positive electrode comprising a lithium containing positive electrode active material and a lithium containing lithiation agent. Hayner teaches that the lithium containing positive electrode active material comprises lithium iron phosphate (LiFePO4) and lithiation agents may include lithium cobalt oxide (Li6CoO4). Hayner further teaches that a preferred cathode mixture thus includes a binder present at about 3 weight percent, the lithiation agent at about 10 weight percent and the cathode active material at about 87 weight percent of the cathode matrix material [Abstract; paragraph 0008, 0033, 0056, 0065, 0071].
Hayner remains silent about other details of the method. However, Yue discloses a positive electrode material for lithium ion power battery and its preparation method. In the example 1, lithium iron phosphate is mixed with nickel cobalt manganese lithium and nanocarbon and are put in a fusion machine operated at 1100 rpm for 2 hours. The weight ratio can be 9-7:1. Then a magnetic separator is used and the material is sieved by 325 mesh fine screening [description; claim 1].
Herle teaches that lithium is unstable in air and reacts with oxygen and carbon dioxide. Lithium is normally handled under an inert gas atmosphere (noble gases such as argon) and the strong reactivity of lithium requires that other processing operations also be performed in an inert gas atmosphere [paragraph 0004, 0057]. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to avail the teachings of inert gas atmosphere in order to have safer operation.
Regarding claims 2-3, Hayner teaches that specific examples of lithiation agents/ lithium-rich oxide may include, but are not limited to, Li2CO3, Li3FeF3, Li5FeO4, Li.xS (where x ranges from 0.01 to 2), Li2CuF2, Li2MnF2, Li3MnF3, Li3FeF3, Li2C3O5, Li2.6Co0.4N, and Li2S. In addition, lithiation agents may comprise Li6MnO4, Li6CoO4, Li4MoO5, Li8IrO6, and LiOH [paragraph 0056-0057].
Regarding claim 4, Hayner teaches that the weight ratio of the LiFePO4 to the lithium-rich oxide is 100:2-10 (Hayner teaches that a preferred cathode mixture thus includes a binder present at about 3 weight percent, the lithiation agent at about 10 weight percent and the cathode active material at about 87 weight percent of the cathode matrix material [paragraph 0071]).
Regarding claim 5, Yue teaches that lithium iron phosphate is mixed with nickel cobalt manganese lithium and nanocarbon and are put in a fusion machine operated at 1100 rpm for 2 hours. The weight ratio can be 9-7:1. Then a magnetic separator is used and the material is sieved by 325 mesh fine screening [description; claim 1].
Regarding claim 6, Herle teaches that lithium is unstable in air and reacts with oxygen and carbon dioxide. Lithium is normally handled under an inert gas atmosphere (noble gases such as argon) and the strong reactivity of lithium requires that other processing operations also be performed in an inert gas atmosphere [paragraph 0004, 0057].
Regarding claim 7, Yue teaches that magnetic extractor at 7000 gauss magnetic field strength is used to remove magnetic material, then fine sieve of 325 meshes, packing in vacuum and obtaining iron base lithium salt composite material [description].
10. Claim(s) 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hayner et al (US 20160372784 A1) in view of Yue et al (CN 101188293 A) and Herle et al (US 20190013516 A1).
Regarding claims 13-14, Hayner discloses a method for preparing a positive electrode plate of a lithium ion battery comprising a lithium iron phosphate lithium-rich oxide composite. Hayner teaches providing a positive electrode comprising a lithium containing positive electrode active material and a lithium containing lithiation agent. Hayner teaches that the lithium containing positive electrode active material comprises lithium iron phosphate (LiFePO4) and lithiation agents may include lithium cobalt oxide (Li6CoO4). Hayner further teaches that a preferred cathode mixture thus includes a binder present at about 3 weight percent, the lithiation agent at about 10 weight percent and the cathode active material at about 87 weight percent of the cathode matrix material. Hayner also teaches mixing the lithium iron phosphate lithium-rich oxide composite, a conductive agent and a binder in the presence of a solvent to obtain positive electrode slurry; and coating the positive electrode slurry onto a current collector foil, and then drying, so as to obtain the positive electrode plate of the lithium ion battery. [Abstract; paragraph 0008, 0032-0033, 0056, 0065-0066, 0069, 0071-0072].
Hayner remains silent about other details of the method. However, Yue discloses a positive electrode material for lithium ion power battery and its preparation method. In the example 1, lithium iron phosphate is mixed with nickel cobalt manganese lithium and nanocarbon and are put in a fusion machine operated at 1100 rpm for 2 hours. The weight ratio can be 9-7:1. Then a magnetic separator is used and the material is sieved by 325 mesh fine screening [description; claim 1].
Herle teaches that lithium is unstable in air and reacts with oxygen and carbon dioxide. Lithium is normally handled under an inert gas atmosphere (noble gases such as argon) and the strong reactivity of lithium requires that other processing operations also be performed in an inert gas atmosphere [paragraph 0004, 0057]. Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to avail the teachings of inert gas atmosphere in order to have safer operation.
Claim Rejections - 35 USC§ 101
11. 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.
12. Claim 12 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claims 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").
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD S SIDDIQUEE whose telephone number is (571)270-3719. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tong Guo can be reached at (571) 272-3066. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MUHAMMAD S SIDDIQUEE/Primary Examiner, Art Unit 1723