RESPONSE TO AMENDMENT
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 .
Amendments to the claims, filed 06/09/2026, have been entered in the above identified application.
Claims 1-4 and 7-13 are pending in the application.
Claim 6 is cancelled in the application.
WITHDRAWN OBJECTIONS/REJECTIONS
The objections to the claims made of record in the office action mailed 03/11/2026 have been withdrawn due to Applicant’s amendment in the response filed 06/09/2026.
The 35 U.S.C. §112 rejection of the claims made of record in the office action mailed on have been withdrawn due to Applicant’s amendment in the response filed 06/09/2026.
The 35 U.S.C. § 103 rejection of claim 6 made of record in the office action mailed on have been withdrawn due to Applicant’s amendment in the response filed on 06/09/2026.
REJECTIONS
The text of those sections of Title 35, U.S. Code not included in this action
can be found in a prior Office action.
Double Patenting
Claim 1-5 and 7-13 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-4 and 7-14 of copending Application No. 18/646,910 in view of Yura et al. WO 2019221140 A1, (using US PG Pub US 2021/0036305 A1 as the English translation).
This is a provisional nonstatutory double patenting rejection because the
patentably indistinct claims have not in fact been patented.
Regarding claim 1, application ‘910 claims a method of recycling a used lithium-
ion secondary battery comprising: providing a used lithium-ion secondary battery that comprises: (i) a battery element including a positive electrode, a separator, and a negative electrode, wherein at least one of the positive electrode and the negative
electrode is a ceramic electrode; (ii) an electrolytic solution; and (iii) a battery container accommodating the battery element and the electrolytic solution; taking out the ceramic electrode from the lithium-ion secondary battery; subjecting the ceramic electrode taken out to an electrode restoration treatment including heat treatment; and putting the ceramic electrode subjected to the electrode restoration treatment back into the battery container to assemble a lithium-ion secondary battery, and the method further comprising replacing the electrolytic solution in the lithium-ion secondary battery with a fresh electrolytic solution and wherein the positive electrode is a ceramic positive electrode, and the ceramic positive electrode is composed of a lithium complex oxide sintered body (claims 1 and 12).
Application ‘ 910 fails to claim the ceramic positive electrode layer, the ceramic
separator, and the ceramic negative electrode layer form one integrated sintered body as a whole.
Yura et al. discloses a lithium-ion secondary battery which includes a positive electrode layer composed of a lithium complex oxide sintered body (para. 0014), a negative electrode layer composed of a titanium-containing sintered body (para. 0015), a ceramic separator interposed between the positive electrode layer and the negative electrode layer (para. 0016) and electrolyte with which at least the ceramic separator is impregnated (para. 0017) and an exterior body comprising a closed space, the closed space accommodating the positive electrode layer, the negative electrode layer, the ceramic separator, and the electrolyte (para. 0018) wherein the positive electrode layer, the ceramic separator, and the negative electrode layer form one integrated sintered plate as a whole (para. 0019). Yura et al. further discloses a lithium secondary battery in which a positive electrode layer, a separator, and a negative electrode layer form one integrated sintered plate as a whole will have high discharge capacity and excellent charge/discharge cycle performance. (para. 0011)
It would have been obvious to one of ordinary skill in the art before effective filling
date of the claimed invention to apply the recycling method to a lithium-ion secondary battery having the ceramic positive electrode layer, the ceramic separator, and the ceramic negative electrode layer form one integrated sintered body as a whole as taught by Yura et al. One of ordinary skill in the art would have been motivated to apply recycling method to extend the useful life of ceramic battery elements by regenerating the electrodes, reducing the cost and environmental load. have high discharge capacity and excellent charge/discharge cycle performance can be provided by employing the configuration of Yura et al.
Claim 2-5 and 7-13 provisionally rejected on the ground of nonstatutory double
patenting as being unpatentable over claim 1-4 and 7-14 of copending Application No. 18/646,910. Although the claims at issue are not identical, they are not patentably distinct from each other because application '910 claims similar method of recycling lithium - ion secondary battery.
Application ‘ 910 is relied upon above.
Regarding claim 2, application ‘910 claims the electrode restoration treatment
comprises cleaning the ceramic electrode with a polar solvent to remove impurities
contained in and/or adhering to the ceramic electrode, followed by drying (claim 2).
Regarding claim 3, application ‘910 claims the ceramic electrode further
comprises a positive electrode current collector and/or a negative electrode current
collector, wherein the positive electrode current collector and/or the negative electrode current collector is detached before and/or during the cleaning, and wherein the positive electrode current collector and/or the negative electrode current collector is attached to the ceramic electrode after the electrode restoration treatment (claim 3).
Regarding claim 4, application ‘910 claims the electrode restoration treatment
comprises heating, at 300 to 1000°C, the ceramic electrode that has been cleaned and dried (claim 4).
Regarding claim 5, application ‘910 claims the electrode restoration treatment
comprises degreasing the ceramic electrode at 300 to 600°C and/or firing the ceramic electrode at 650 to 1000°C (claim 1).
Regarding claim 7, application ‘910 claims the positive electrode is a ceramic
positive electrode, and the ceramic positive electrode is composed of a lithium complex oxide sintered body (claim 1).
Regarding claim 8, application ‘910 claims the positive electrode is a ceramic
positive electrode, and the ceramic positive electrode is an oriented positive electrode containing a plurality of primary grains composed of a lithium complex oxide, the plurality of primary grains being oriented at an average orientation angle of over 0° and 30° or less with respect to a principal plane of the positive electrode (claim 7).
Regarding claim 9, application ‘910 claims the lithium complex oxide is lithium
cobaltate (claim 8).
Regarding claim 10, application ‘910 claims the negative electrode is a ceramic
negative electrode, and the ceramic negative electrode is composed of a titanium-
containing sintered body (claim 9).
Regarding claim 11, application ‘910 claims the titanium-containing sintered body
contains lithium titanate or niobium titanium complex oxide (claim 10).
Regarding claim 12, application ‘910 claims the separator is a ceramic separator,
and the ceramic separator comprises at least one selected from the group consisting of MgO, Al2O3, ZrO2, SiC, Si3N4, AlN, and cordierite (claim 11).
Regarding claim 13, ‘910 claims replacing the battery container with another
battery container after the ceramic electrode is taken out and before the ceramic
electrode is put back into the other battery container (claim 13).
Claim Rejections - 35 USC § 103
Claims 1-3 and 7-13 are rejected under 35 U.S.C. 103 as being unpatentable
over Muramatsu et al. (JP 2012-022969A) in view of Yura et al. (WO 2019221140 A1,
using US PG Pub US 2021/0036305 A1 as the English translation).
Regarding claim 1, Muramatsu et al. discloses a method for recycling a used
lithium-ion secondary battery (LIB, para. 0009, ref. #10, figure 1) which has a ceramic
positive electrode (ref. # 15, figure 1, para. 0029 - lithium-transition metal composite
oxides such as, LiCoO2), a ceramic negative electrode (ref. #13, figure1, para. 0030 -
Li4Ti5O12), a separator (ref. #16 figure 1, para. 0042), an electrolytic solution (electrolyte
layer, ref. #17, figure 1, para. 0040), and a battery container (laminate sheet, ref. #29
figure 1, para. 0046) accommodating the battery element (power-generating
component) and the electrolytic solution.
Muramatsu et al. discloses that the battery elements of the used lithium-ion
secondary battery (LIB) is taken out by cutting or thermally melting and peeling the
outer periphery of the exterior material without damaging the electrode (para. 0082,
0113). Muramatsu et al. further discloses the electrode restoration treatment cleaning
the electrodes with a polar medium (cleaning solvent) for predetermined time thereafter
again rinsing the electrodes with fresh polar solvent thereby removing the deposits
formed during repeated charging and discharging of the Lithium-ion battery and
cleaning the electrodes (para. 0062, 0177-0178). Muramatsu et al. further discloses the
electrolytic solution of the used lithium -ion secondary battery is replaced with a fresh
electrolytic solution (para. 0096, 0127, 0160, 0183). Muramatsu et al. discloses the
battery element subjected to the electrode restoration treatment (regenerated power
generating component) inserted back into the battery container (laminate -type exterior
material, para. 0097) to assemble a lithium -ion battery.
Muramatsu et al. fails to disclose a battery to be recycled which comprises a
ceramic separator, the ceramic positive electrode layer, the ceramic separator, and the ceramic negative electrode layer form one integrated sintered body as a whole.
Yura et al. discloses a lithium-ion secondary battery which includes a ceramic positive electrode layer composed of a lithium complex oxide sintered body (para. 0014), a ceramic negative electrode layer composed of a titanium-containing sintered body (para. 0015), a ceramic separator interposed between the ceramic positive electrode layer and the ceramic negative electrode layer (para. 0016) and electrolyte with which at least the ceramic separator is impregnated (para. 0017) and an exterior body comprising a closed space, the closed space accommodating the battery elements – ceramic positive electrode layer, ceramic negative electrode layer, the ceramic separator, and the electrolyte (para. 0018). Yura et al. further discloses a lithium-ion secondary battery wherein the ceramic positive electrode layer, the ceramic separator, and the ceramic negative electrode layer form one sintered body as a whole (para. 0019). Yura et al. further discloses a lithium secondary battery in which a positive electrode layer, a separator, and a negative electrode layer form one integrated sintered plate as a whole will have high discharge capacity and excellent charge/discharge cycle performance . (para. 0011)
It would have been obvious to one of ordinary skill in the art before effective filling
date of the claimed invention to apply the recycling method of Muramatsu et al. to a
lithium-ion battery having ceramic separator, ceramic positive electrode layer, and the ceramic negative electrode layer form one sintered body as a whole as taught by Yura et al. One of ordinary skill in the art would have been motivated to apply recycling method to extend the useful life of ceramic battery elements by regenerating the electrodes, replacing the electrolyte thereby reducing the cost and environmental load and provide a battery which will have high discharge capacity and excellent charge/discharge cycle performance can be provided by employing a configuration as taught by Yura et al.
Regarding claim 2, Muramatsu et al. discloses electrode restoration treatment
step includes cleaning the battery element with polar solvents (para. 0062, 090, 0177)
to remove the impurities (solid electrolyte interface -SEI) deposits on the battery
element followed by a step of drying the solvent treated electrode (para. 0011, 0068-
0069).
Regarding claim 3, Muramatsu et al. discloses the battery element further
comprises a positive electrode current collector (ref. #12, figure 1) and a negative
electrode current collector (ref. #11, figure 1). Muramatsu et al.’s positive electrode
includes a positive electrode active material layer, a positive electrode current collector,
and positive electrode tab. Muramatsu et al.’s negative electrodes include a negative
electrode active material layer, a negative electrode current collector, and negative
electrode tab. The positive and negative electrodes, which include the electrode current
collectors, are detached from the battery before cleaning (para. 0082, 0113). The
positive and negative electrodes, which include the electrode current collectors, are
attached to the battery element after the electrode restoration treatment (para. 0096, 0178).
Regarding claim 7, Yura et al. discloses a lithium-ion secondary battery including
a positive electrode layer composed of a lithium complex oxide sintered body (abstract,
para. 0013).
Regarding claim 8, Yura et al. discloses, positive electrode layer, the lithium
complex oxide sintered plate is an oriented positive electrode layer including a plurality
of primary grains composed of lithium complex oxide, the plurality of primary grains
being oriented at an average orientation angle of over 0° and 30° or less to the layer
face of the positive electrode layer (para. 0031).
Regarding claim 9, Yura et al. discloses a lithium secondary battery including a
positive electrode layer composed of a lithium complex oxide where in it is lithium
cobaltate (para. 0030, 0033).
Regarding claim 10, Yura et al. discloses a lithium secondary battery including a
negative electrode layer composed of a titanium-containing sintered body (para. 0014,
0043).
Regarding claim 11, Yura et al. discloses a lithium secondary battery including a
negative electrode layer composed of the titanium-containing sintered body contains
lithium titanate or niobium titanium complex oxide (para. 0043).
Regarding claim 12, Yura et al. discloses a lithium secondary battery where in
the ceramic separator contains MgO (ref. #20, figure 1, para. 0015).
Regarding claim 13, Muramatsu et al. discloses the insertion of solvent treated
and dried battery element (regenerated power generating component) were inserted
into a new container (laminate-type exterior material, para. 0097) thereby meeting the
claim limitation replacing the battery container with an other battery container to
regenerate the lithium-ion battery.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over
Muramatsu et al. (JP2012-022969 ) in view of Yuri et al. (WO 2019221140 A1, using US
PG Pub US 2021/0036305 A1 as the English translation) as applied to claim 1-3 and 6-
13 above, and further in view of Sloop et al. (US 9484606 B1).
Muramatsu et al. in view of Yura et al. are relied upon as described above.
Regarding claims 4 and 5, Muramatsu et al. failed to disclose the electrode
restoration treatment further comprises heating the cleaned and dried battery element at
300 to 1000 oC and degreasing the battery element at 300 to 600°C and/or firing the
battery element at 650 to 1000°C.
Sloop et al. discloses recycling and reconditioning of battery electrode materials
of used lithium-ion battery, with a ceramic positive electrode (col. 3, line
34) and a ceramic negative electrode (col. 3, lines 30-35). Sloop et al. discloses the
used battery may be deconstructed into their cathode, anode, and packaging parts
(col.4, lines 64-66) and rinsing with a solvent to remove dirt, oil, moisture etc. (col. 5,
lines 2-4) and drying (col. 6, lines 41-43). Sloop et al. further discloses directly heating,
degreasing and/or firing of battery elements (spent electrode material, figure 4) to at
least a threshold temperature in the range of 400-900 oC, which overlaps with the
claimed range, to promote a change of crystallographic state in the spent electrode
material (col. 7, lines 8-13).
It would have been obvious to one of ordinary skill in the art, before the effective
filing date of the claimed invention, to include a heating and degreasing and/or firing
step in the electrode restoration treatment of Muramatsu et al. in view of Yura et al as
taught by Sloop et al. One of ordinary skill in the art would have been motivated to heat
the spent battery element to promote a change of crystallographic state and to restore
the electrochemical performance.
ANSWERS TO APPLICANT’S ARGUMENTS
Applicant’s arguments in the response filed on 06/09/2026 regarding the claim objection of record have been considered but are moot since the objection has been withdrawn.
Applicant’s arguments in the response filed on 06/09/2026 regarding the 35 U.S.C. §112b rejections of record have been considered but are moot since the rejection has been withdrawn.
Applicant’s arguments regarding the double patenting rejection on page 5 have been considered but they are not persuasive. The claims are not patentably distinct and the rejection is maintained.
Applicant’s arguments filed on 06/09/2026 regarding 35 U.S.C. §103 have been fully considered but they are not persuasive.
Regarding applicants’ argument Muramatsu 's recycling method is directed towards cleaning the electrodes of a lithium-ion secondary battery after separating the positive electrode, the separator, and the negative electrode on page 6 have been considered but they are not persuasive. The rejection does not rely on the references teaching identical electrode constructions, but rather on the applicability of recycling processes to different electrode construction. Yura et al. discloses a lithium secondary battery in which a positive electrode layer, a separator, and a negative electrode layer form one integrated sintered plate as a whole will have high discharge capacity, as expected, and excellent charge/discharge cycle performance (para. 0011) and one of ordinary skill in the art would have been motivated to apply recycling method of Muramatsu to extend the useful life of ceramic battery elements, replacing the electrolyte thereby reducing the cost and environmental load and provide a battery. The recycling steps disclosed by Muramatsu would have been expected to be applicable, with only routine adaptations appropriate for the particular electrode construction.
Regarding applicant's argument Sloop discloses processing the electrode material separated from the battery in particulate form, and not processing while maintaining the battery element structure on page 8 have been considered but they are not persuasive. Sloop is relied up on for the heating temperature range of the electrode material (pieces or particles, col. 6, lines 26-30) can be subjected to for recycling and the temperature range 400-900 oC overlaps with the claimed range. The recycling step where the electrodes are heated in the range disclosed by Sloop would not have changed the material properties of the electrode whether the electrodes were in pieces or whole.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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.
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/I.M./
Iswarya MathewExaminer, Art Unit 1788
07/10/2026
/ALEXANDRE F FERRE/Primary Examiner, Art Unit 1788
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