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 § 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 appl icant regards as his invention. Claim 1-5 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. Claim 1 recites the limitation “dissolving lithium, nickel, and cobalt acetate in a solution” in line 2. This limitation is indefinite since it is unclear whether acetate also refers to the lithium and nickel as a limitation . The Specification as filed does not clarify the meaning of the claim limitation since it also refers to lithium, nickel, and cobalt acetate. Therefore, a person of ordinary skill in the art is not made reasonably aware of infringement with other lithium and nickel chemical compounds. For purposes of compact prosecution, the claim is interpreted to refer to “lithium acetate, nickel acetate, and cobalt acetate” or similarly “lithium, nickel, and cobalt acetates. Support for this interpretation is in Figure 1 as filed where the schematic of the synthesis process depicts addition of lithium acetate and nickel acetate . Claim 3 recites the limitation "the plurality of pellets" in Line 2. There is insufficient antecedent basis for this limitation in the claim. Claim Rejections - 35 USC § 103 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. 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. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim (s) 1 and 3- 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida et al (US 2014/0295277) . Yoshida teaches a method for producing a positive electrode active material containing a lithium-containing phosphate compound represented by the general formula: LixM[P(1-y)Ay]O4, the method comprising: Preparing a starting material mixture by mixing in an aqueous solvent, a lithium source, a phosphoric acid source an M element source and an A element source as starting materials added to the aqueous solvent at once or gradually added (see [0068-0069]); Where the lithium source may be selected from various lithium compounds such as lithium acetate and suitable examples may include lithium acetate dihydrate which has high solubility in aqueous solvent (see [0070]) ; Where the phosphoric acid source is an ammonium hydrogen phosphate such as ammonium dihydrogen p hosphate, triethyl phosphite, and the like (see [0071]); Where the M element is one or two or more elements selected form Ni, Mn, Fe, and Co and the M element source may include acetate salts and when the M element is Ni then nickel acetate tetrahydrate is preferably employed which has a high solubility in aqueous solvent; and when the M element is Co, the cobalt source may include cobalt acetate, cobalt carbonate, cobalt oxide, cobalt sulfate, cobalt nitrate, cobalt hydroxide, cobalt oxyhydroxide (see [0069] and [0071]) ; Where the chelating agent is citric acid which is highly soluble in aqueous solvent and is inexpensive (see [0077]) ; Heating the solution at a first temperature to volatilize the solvent to form a gel without flowability for a duration to allow sufficient dispersion of the ions and conversion to the gel state (see [0080-0082]; Preliminary firing the gel-like starting material mixture at a second temperature and grinding the product resulting from the preliminary firing then m ain firing the obtained mixture of the product resulting from the preliminary firing at a third temperature (see [00 85 ]). Claim 1 differs where it is limited to the specific species comprising lithium acetate, nickel acetate, and cobalt acetate , ammonium dihydrogen phosphate, and citric acid and where the addition of ingredients start with the metal salts, then the ammonium dihydrogen phosphate, and then the cit ric acid in order. First regarding, lithium acetate, nickel acetate, cobalt acetate, ammonium dihydrogen phosphate, and citric acid, it would have been obvious to one of ordinary skill in the art at the time of filing of the invention to choose two of any of the M sources taught by Yoshida including nickel acetate and cobalt sources, any of the phosphoric acid sources taught by Yoshida including ammonium dihydrogen phosphate, and any of the chelating agents taught by Yoshida including citric acid and perform a process as claimed since Yoshida suggests that each of these ingredients form a positive electrode material Regarding the order of adding ingredients, it has long been held that selection of any order of mixing ingredients is prima facie obvious. See MPEP 2144.04.IV.C. and In re Gibson, 39 F.2d 975, 5 USPQ 230 (CCPA 1930) . It would have been obvious to one of ordinary skill in the art at the time of filing of the invention to perform the method for producing a positive electrode material (i.e., cathode material) where the acetates, ammonium dihydrogen phosphate, and chelating agents are added in any workable order absent evidence of new and unexpected results. Regarding claim 3 Yoshida teaches a method comprising a main firing step at a third temperature (see [0093]). Regarding claim 4 , Yoshida teaches a method where heating to volatilize the aqueous solvent is generally 70°C or higher and preferably approximately 80°C and the preliminary firing is at a temperature of 400°C or lower and preferably 350°C (see [0081] and [0087]). Yoshida therefore teaches a method where the first temperature is lower than the second temperature. Claim (s) 1 and 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida et al (US 2014/0295277) as applied to claim 1, and in further view of Patoux et al ( US 20120279850 ) and in further view of Barker et al (US 2007/0141468) . As applied to claim 1, Yoshida teaches the method for preparing a cathode material comprising: dissolving lithium, nickel, and cobalt acetate in a solution, adding ammonium dihydrogen phosphate, adding citric acid to the solution, heating the solution to a first temperature for a first period of time to form a gel, and sintering the gel at a second temperature for a second period of time. Regarding claim 2, Yoshida further teaches ball-milling the sintered gel (see [0088]). Yoshida does not teach ball-milling the sintered gel with lithium fluoride to form a plurality of pellets. Regarding ball-milling the sintered gel with lithium fluoride, Patoux teaches that metal fluorophosphate are attractive for promising theoretical capabilities as active materials of lithium battery electrodes (see [0014]) . Patoux further teaches a metal fluorophosphate of formula X a M b (PO 4 ) c F d where X is Li, M is a transition metal or combination of at least two transition metals including Co, and Ni (See [0038-0043]) . Patoux further teaches a method for preparing the metal fluorophosphate comprising combining two precursors of the metal fluorophosphate, making the mixture homogeneous by grinding, then sintering the mixture of precursors (See [0060-0062]) . Patoux further teaches a method comprising grinding a lithium metal phosphate with a lithium fluoride then pressing and sintering to form the lithium metal fluorophosphate and used as in the positive electrode of a lithium battery having improved electrochemical performance (see Example 1 ). It would have been obvious to one of ordinary skill in the art at the time of filing of the invention to perform the method as taught by Yoshida, where the method further comprises grinding in a ball-mill the lithium metal phosphate and a lithium fluoride to produce a lithium metal fluorophosphate as taught by Patoux to produce a positive electrode with improved electrochemical performance as taught by Patoux. Regarding forming a plurality of pellets , first regarding forming a plurality of pellets, this limitation is given the broadest reasonable interpretation in view of the specification where pelletizing occurs by pressing after the ball-milling (see Instant Specification at [0021] and Figure 1). Barker teaches a method for preparing active materials for electrodes of the general formula A 1 M 1 (XY 4 ) c Z d where A is alkali metal including Li, M is at least one transition metal including Ni and Co, XY is phosphate and Z is a halide including F (see [0072-0088] and [0265]). Barker teaches the method comprising reacting starting materials in a solid-state by mixing and heating for a time and temperature where starting materials are dry-mixed using a ball milled and the mixed powders are pressed into pellets to form good grain to grain contact (see [0265-0318]). Barker teaches a method for preparing lithium transition metal fluorophosphate product of comprising two stages where the first step produces a lithium metal phosphate compound, the second stage comprises reaction of the lithium metal phosphate compound with a lithium salt such as lithium fluoride by pre-mixing using a mortar and pestle, pelletized and heated (see [0333]). It would have been obvious to one of ordinary skill in the art at the time of filing of the invention to perform the method as taught by Yoshida and Patoux, where the method further comprises grinding in a ball-mill to form a plurality of pellets as taught by Barker to improve the grain contact between he starting materials before sintering. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT MICHAEL FORREST whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-5833 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Friday (10AM-6PM) . 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, FILLIN "SPE Name?" \* MERGEFORMAT Sally A Merkling can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571)272-6297 . 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. /MICHAEL FORREST/ Primary Examiner, Art Unit 1738