Prosecution Insights
Last updated: July 17, 2026
Application No. 18/279,174

SEPARATION METHOD FOR SEPARATING CONSTITUENT MATERIAL FROM MEMBER AND METHOD FOR PROCESSING MEMBER

Final Rejection §102§103
Filed
Aug 28, 2023
Priority
Mar 31, 2021 — JP 2021-059390 +1 more
Examiner
BARCENA, CARLOS
Art Unit
1723
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Mitsui Mining & Smelting Co., Ltd.
OA Round
2 (Final)
80%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
93%
With Interview

Examiner Intelligence

Grants 80% — above average
80%
Career Allowance Rate
904 granted / 1124 resolved
+15.4% vs TC avg
Moderate +12% lift
Without
With
+12.3%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
37 currently pending
Career history
1146
Total Applications
across all art units

Statute-Specific Performance

§101
0.7%
-39.3% vs TC avg
§103
70.5%
+30.5% vs TC avg
§102
10.3%
-29.7% vs TC avg
§112
10.0%
-30.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1124 resolved cases

Office Action

§102 §103
DETAILED ACTION Status of Claims The amendment filed 06/25/2026 has been entered. Claims 1-17 remain pending. The previous objection to the drawings is withdrawn. With respect to the prior art rejections, Applicant's arguments have been fully considered but they are not persuasive. The previous prior art rejections are maintained and reiterated below. See Response to Arguments. Claim Rejections - 35 USC § 102 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tan et al. (MRS Energy & Sustainability: A Review Journal 2020). Regarding claim 1, Tan discloses a sustainable design of fully recyclable all solid-state batteries comprising: mixing a member than includes an active material and a solid electrolyte that has not been subjected to fragmentation processing with a solvent to obtain a mixture (Fig. 1b); in obtaining the mixture, the member is subject to fragmentation processing in the solvent (Fig. 1b); subjecting the mixture to solid-liquid separation to obtain a solid component and a separated liquid (Fig. 1c), wherein the solid electrolyte contains a lithium (Li) element, a sulfur (S) element, and a phosphorous (P) element (Li6PS5Cl; p. 5, left column), and the solid electrolyte is dissolved in the solvent as a result of the member subjected to fragmentation processing with the solvent (Fig. 1c). Regarding claims 2 and 8, Tan discloses ethanol and acetonitrile (p. 2, left column), wherein the solvent has a solubility for dissolving the solid electrolyte at 20 oC of 1 mg/mL or more. Regarding claims 3 and 9, Tan discloses ethanol (p. 2, left column). Regarding claims 4 and 5, Tan discloses LiCoO2, LFP, NMC, NCA (p. 4, right column). Regarding claim 6, Tan discloses the solid electrolyte contains a lithium (Li) element, a sulfur (S) element, and a phosphorous (P) element (Li6PS5Cl; p. 5, left column; Fig. 1c). Regarding claim 7, Tan discloses a sustainable design of fully recyclable all solid-state batteries comprising: mixing a member that has not been subjected to fragmentation processing including an active material and a solid electrolyte containing lithium (Li) element, a sulfur (S) element, and a phosphorous (P) element (Li6PS5Cl; p. 5, left column) with a solvent to obtain a mixture in which the solid electrolyte is dissolved (Fig. 1b); wherein in obtaining the mixture, the member is subject to fragmentation processing in the solvent (Fig. 1b) and subjecting the mixture to solid-liquid separation to obtain a solid component and a separated liquid (Fig. 1c), wherein recovering the SSE that contains lithium (Li) element, a sulfur (S) element, and a phosphorous (P) element from the separated liquid (Fig. 1d); and wherein the solid electrolyte is dissolved in the solvent as a result of the member being mixed with the solvent (Fig. 1c). Regarding claim 10, Tan discloses the recovered SSE is Li6PS5Cl (p. 6, left column). Claim Rejections - 35 USC § 103 The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claims 11-17 are rejected under 35 U.S.C. 103 as being unpatentable over Tan et al. (MRS Energy & Sustainability: A Review Journal 2020) in view of Carlson et al. (US 2022/0384867). Regarding claim 11, Tan teaches a sustainable design of fully recyclable all solid-state batteries comprising: mixing a member that has not been subjected to fragmentation processing including an active material and a solid electrolyte with a solvent to obtain a mixture in which the solid electrolyte is dissolved in the solvent (Fig. 1b); in obtaining the mixture, the member is subject to fragmentation processing in the solvent (Fig. 1b); the active material is LiCoO2 where M may be Li and/or Co (p. 7, left col.); on a mass basis, at least Co is 20% or more; subjecting the mixture to solid-liquid separation to obtain a solid component and a separated liquid (Fig. 1c); wherein the SSE that contains lithium (Li) element, a sulfur (S) element, and a phosphorous (P) element (Fig. 1d); and wherein the solid electrolyte is dissolved in the solvent as a result of the member being mixed with the solvent (Fig. 1c). Tan does not teach acid-dissolving the solid component to recover a carbon component that is a dissolved residue. Carlson, directed to a method of separation and recovery of constituent materials from an electrochemical cell, teaches after dissolution of the solid-state electrolyte, the remaining materials include carbon additives, NMC, current collector, and binders. An acid can be used to dissolve the NMC and the NMC may be filtered from the binder and the carbon to recover the carbon (para 0055). It would have been obvious to one of ordinary skill in the art before the effective filing date that the use of acid is a viable alternative in order to recover carbon from the mixture. Regarding claim 12, Tan teaches ethanol and acetonitrile (p. 2, left column), wherein the solvent has a solubility for dissolving the solid electrolyte at 20 oC of 1 mg/mL or more. Regarding claim 13, Tan teaches ethanol (p. 2, left column). Regarding claim 14, Tan teaches a sustainable design of fully recyclable all solid-state batteries comprising: mixing a member that has not been subjected to fragmentation processing including an active material and a solid electrolyte with a solvent to obtain a mixture in which the solid electrolyte is dissolved in the solvent (Fig. 1b); the active material being LiCoO2, LFP, NMC, NCA (p. 4, right column); on a mass basis, at least the transition metal in the active material is 20% or more; in obtaining the mixture, the member is subject to fragmentation processing in the solvent (Fig. 1b); subjecting the mixture to solid-liquid separation to obtain a solid component and a separated liquid (Fig. 1c); wherein the SSE that contains lithium (Li) element, a sulfur (S) element, and a phosphorous (P) element (Fig. 1d); and wherein the solid electrolyte is dissolved in the solvent as a result of the member being mixed with the solvent (Fig. 1c). Tan does not teach acid-dissolving the solid component to obtain a dissolution liquid; and recovering the element M for the dissolution liquid. Carlson, directed to a method of separation and recovery of constituent materials from an electrochemical cell, teaches after dissolution of the solid-state electrolyte, the remaining materials include carbon additives, NMC, current collector, and binders. An acid can be used to dissolve the NMC and the NMC may be filtered from the binder and carbon (para 0055) to recover the element M. It would have been obvious to one of ordinary skill in the art before the effective filing date that acid is capable of dissolving the cathode active material to be recovered. Regarding claim 15, Tan teaches the NMC may be filtered from the binder and the carbon to recover the carbon (para 0055). Regarding claim 16, Tan teaches ethanol and acetonitrile (p. 2, left column), wherein the solvent has a solubility for dissolving the solid electrolyte at 20 oC of 1 mg/mL or more. Regarding claim 17, Tan teaches ethanol (p. 2, left column). Response to Arguments Applicant argues the prior art does not teach mixing member that has not been subject to fragmentation processing and, in obtaining the mixture, the member is subject to fragmentation processing in the solvent. In response, Applicant’s attention is directed to Figure 1 of Tan. In step (a), the battery is disassembled but not subject to fragmentation processing. In step (b), an agitator is illustrated. In this step, the process of agitating the solution with the cell stack is viewed as a “fragmentation” process breaking up the respective components for phase separation in step (c). With respect to element M in an amount of 20 mass% or more, lithium cobalt oxide with a mass of 97.87 may be used for example: Li = 6.941, Co = 58.93, and O = 16; wherein when M = Co, (58.93/97.87) * 100 = ~60.2 mass%. For these reasons the prior art rejections are maintained. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS BARCENA whose telephone number is (571)270-5780. The examiner can normally be reached Monday-Thursday 8-5 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. 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. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /CARLOS BARCENA/Primary Examiner, Art Unit 1723
Read full office action

Prosecution Timeline

Aug 28, 2023
Application Filed
Mar 26, 2026
Non-Final Rejection mailed — §102, §103
Jun 25, 2026
Response Filed
Jul 08, 2026
Final Rejection mailed — §102, §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12676346
GAS SUPPRESSION DEVICE AND METHOD FOR LITHIUM-SULFUR BATTERY
2y 10m to grant Granted Jul 07, 2026
Patent 12676322
PACKAGING ARRANGEMENT AND PACKAGING SYSTEM
3y 0m to grant Granted Jul 07, 2026
Patent 12671093
NEGATIVE ELECTRODE INCLUDING COATING LAYER AND ION TRANSPORT LAYER, AND LITHIUM SECONDARY BATTERY INCLUDING THE SAME
3y 2m to grant Granted Jun 30, 2026
Patent 12671099
GASKET ASSEMBLY AND FUEL CELL MEMBRANE HUMIDIFIER COMPRISING SAME
2y 11m to grant Granted Jun 30, 2026
Patent 12671139
HIGH VOLTAGE BATTERY DEPLOYABLE EXHAUST SYSTEM
2y 10m to grant Granted Jun 30, 2026
Study what changed to get past this examiner. Based on 5 most recent grants.

Strategy Recommendation AI-generated — please review before filing

Get a prosecution strategy drawn from examiner precedents, rejection analysis, and claim mapping.
Typically takes 5-10 seconds — AI-generated, attorney review required before filing

Prosecution Projections

3-4
Expected OA Rounds
80%
Grant Probability
93%
With Interview (+12.3%)
2y 9m (~0m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 1124 resolved cases by this examiner. Grant probability derived from career allowance rate.

Sign in with your work email

Enter your email to receive a magic link. No password needed.

Personal email addresses (Gmail, Yahoo, etc.) are not accepted.

Free tier: 3 strategy analyses per month