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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “crusher,” “a first separator,” “a second separator,” and “a dust collector” in claim 1.
Regarding the crusher, the phrase includes a generic placeholder (“crusher”) modified by functional language (“physically crushes lithium-ion batteries”) and not modified by sufficient structure, material, or acts for performing the claimed function. The corresponding structure is interpreted as the crusher 100 described in Para. [0020] as a multiple axis crusher and equivalents thereof.
Regarding the first separator, the phrase includes a generic placeholder (“first separator”) modified by functional language (“produces a secondary crushed material by applying a physical impact”) and not modified by sufficient structure, material, or acts for performing the claimed function. The corresponding structure is interpreted as the first separator 300 described in Para. [0033] as a hammer separator and equivalents thereof.
Regarding the second separator, the phrase includes a generic placeholder (“second separator”) modified by functional language (“produces a quaternary crushed material by applying a physical impact”) and not modified by sufficient structure, material, or acts for performing the claimed function. The corresponding structure is interpreted as the second separator 500 described in Para. [0044] as a hammer separator and equivalents thereof.
Regarding the dust collector, the phrase includes a generic placeholder (“dust collector”) modified by functional language (“recovering dust”) and not modified by sufficient structure, material, or acts for performing the claimed function. The corresponding structure is interpreted as the dust collector 800 described in Para. [0054] as a bag or air filtration type collector and equivalents thereof.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 applicant regards as his invention.
Claims 1-10 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.
Regarding claim 1, the claim recites “a first vibrating screen for separating the cathode material from the secondary crushed material that has passed through the first separator using one or more of specific gravity, area density, and particle size of the cathode material, and then recovering the cathode material and producing a tertiary crushed material” which renders the claim indefinite because it is not clear if the vibrating screen functions to do everything after “for” or if the vibrating screen only functions to separate the cathode material from the secondary crushed material, i.e., it is not clear if the vibrating screen produces the tertiary crushed material or if this is a separate operation. It is noted that claim 1 is a system claim and therefore if the “recovering” and “producing a tertiary crushed material” phrases are not functions of the vibrating screen then these would be method steps recited in a system claim, which is impermissible. For the purposes of examination, this phrase will be interpreted as everything after “for” is a function of the vibrating screen. The claim limitation for the “second vibrating screen” has the same indefiniteness issues as the first vibrating screen, and will be interpreted in the same manner. The claim also recites “while improving the recovery rate due to scattering of the cathode material powder” which renders the claim indefinite because it is not clear what is required to improve the recovery rate, i.e., does the system itself improve the recovery rate every time it runs or what is it being improved relative to. For the purposes of examination, this phrase will be interpreted as not requiring any additional components and merely describing an outcome of the components of the system previously recited. Claims 2-10 depend from claim 1 and fails to clarify the indefinite language.
Regarding claim 3, the claim recites a system claim the various components “are operated in an inert gas environment so that the risk of fire and explosion is removed during the” process which renders the claim indefinite because it appears to be outside of the wherein clause and therefore reciting a method step in a system claim. Further, it is not clear if this limitation is requiring an operator to be using inert gas for this specific purpose or if the claim covers using an inert gas for any purpose. For the purpose of examination, this phrase will be interpreted as the system components are capable of being operated in an inert gas environment. Claim 4 depends from claim 3 and fails to clarify the indefinite language.
Regarding claim 6, the claim recites “thereby improving the loss of recovery rate due to scattering of the cathode material powder occurring in the lithium-ion battery recycling process” which renders the claim indefinite because it is not clear what conditions are required for improving the loss of recovery rate, i.e., if there was already a dust recovery system in place that did not have hoods then would the hoods have to improve upon it. For the purpose of examination, this claim will be interpreted as the system includes at least one of the hoods recited in the body of the claim.
Regarding claim 7, the claim recites “thereby improving the economic feasibility and efficiency of the process” which renders the claim indefinite because it is not clear what considerations are required for improving economic feasibility and efficiency, i.e., improved relative to another system that is being operated. For the purpose of examination, claim 7 will be interpreted as the system is configured such that the exhaust gas discharged from the dust collector is capable of being filtered and continuously supplied to the crusher.
Regarding claim 8, the claim recites “[a] lithium-ion battery cathode material recovery method, as a cathode recovery method using the lithium-ion battery cathode material recovery system according to claim 1” which renders the claim indefinite because it is not clear if the method is restricted to being a cathode recovery method using the system of claim 1 or if the method claim covers methods not using the system of claim 1, i.e., it is not clear if “as a cathode recovery method” should be interpreted as restricting the method to only be used to with system of claim 1. For the purpose of examination, this phrase will be interpreted as a lithium-ion battery cathode material recovery method using the system of claim 1. Claims 9-10 depend from claim 8 and fail to clarify the indefinite language.
Claim Rejections - 35 USC § 103
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.
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.
Claims 1, 3-5, and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of US 4,273,746 to Kolakowski.
Regarding claim 1, Wang teaches a lithium-ion battery cathode material recovery system (Abstract) comprising:
a crusher 002 that physically crushes lithium-ion batteries to produce a primary crushed material (Fig. 1; P. 4, Paragraphs starting “Reference numbers in the figures” and “Referring to fig. 1 and fig. 2”);
a dryer 004 for drying the primary crushed material (Fig. 1; P. 4, Paragraphs starting “Reference numbers in the figures” and “Referring to fig. 1 and fig. 2”);
a first separator 008 that produces a secondary crushed material by applying a physical impact in order to separate the cathode material from the primary crushed material that has passed through the dryer (Fig. 1; P. 4, Paragraphs starting “Reference numbers in the figures” and “Referring to fig. 1 and fig. 2”);
a first vibrating screen 010 for separating the cathode material from the secondary crushed material that has passed through the first separator using one or more of specific gravity, area density, and particle size of the cathode material, and then recovering the cathode material and producing a tertiary crushed material (Fig. 1; P. 4, Paragraphs starting “Reference numbers in the figures” and “Referring to fig. 1 and fig. 2”; it is noted that this phrase is interpreted as the material that passes through the vibrating screen is the tertiary crushed material, i.e., there is not a third crushing operation);
a second separator 013 that produces a quaternary crushed material by applying a physical impact in order to separate the cathode material from the tertiary crushed material that has passed through the first vibrating screen (Fig. 1; P. 4, Paragraphs starting “Reference numbers in the figures” and “Referring to fig. 1 and fig. 2”);
a dust collector 017 for recovering dust generated from at least one of the first separator, the second separator, and the first vibrating screen (Fig. 1; P. 4, Paragraphs starting “Reference numbers in the figures” and “Referring to fig. 1 and fig. 2”); and
an eddy current separator 020 for separating the non-ferrous metals and non-metals discharged from the second vibrating screen (Fig. 1; P. 4, Paragraphs starting “Reference numbers in the figures” and “Referring to fig. 1 and fig. 2”),
wherein the crusher, the dryer, the first separator, the first vibrating screen, the second separator, the second vibrating screen, and the eddy current separator are sequentially connected by a conveyor, thereby allowing the primary crushed material, the secondary crushed material, the tertiary crushed material, the quaternary crushed material, and the non-ferrous metals and non-metals to be automatically transported so that the process of separating the cathode material from the lithium-ion batteries is performed continuously, while improving the recovery rate due to scattering of the cathode material powder (Fig. 1; P. 4, Paragraphs starting “Reference numbers in the figures” and “Referring to fig. 1 and fig. 2”; the various feeding units are interpreted as the conveyors automatically moving materials through the system).
Wang fails to explicitly teach a second vibrating screen for separating the cathode material from the quaternary crushed material that has passed through the second separator using one or more of specific gravity, area density, and particle size of the cathode material, and then recovering the cathode material and discharging non-ferrous metals and non-metals.
In the field of battery recycling, Kolakowski teaches providing a vibrating screen at the output of each of the crushing or separating mechanisms (Fig. 1; Col. 5, Lns. 30-56).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to modify the system of Wang to include vibrating screens at the output of each crusher or separator as taught by Kolakowski so that the size and shape of the crushed material exiting the crushers and separators may be better controlled for more efficient processing through the system. It is noted that providing such vibrating screens results in a second vibrating screen after the second separator.
Regarding claim 3, modified Wang teaches the lithium-ion battery cathode material recovery system of claim 1 (Fig. 1), wherein the crusher, the dryer, the first separator, the first vibrating screen, the second separator, the second vibrating screen, the eddy current separator, the dust collector, the conveyor, and the screw conveyor are sealed so that the inflow of external air is prevented, and are operated in an inert gas environment so that the risk of fire and explosion is removed during the cathode material recovery process (Fig. 1; P. 4, Paragraphs starting “Preferably, the whole process is sealed” and “preferably, nitrogen is filled”).
Regarding claim 4, modified Wang teaches the lithium-ion battery cathode material recovery system of claim 3 (Fig. 1), wherein the inert gas includes at least one of N2, CO2, and Ar (Fig. 1; P. 4, Paragraphs starting “Preferably, the whole process is sealed” and “preferably, nitrogen is filled”).
Regarding claim 5, modified Wang teaches the lithium-ion battery cathode material recovery system of claim 1 (Fig. 1), wherein the dust collector is driven at a filtration speed of 0.5 to 3.0 m/sec (Fig. 1; P. 4, Paragraphs starting “Reference numbers in the figures” and “Referring to fig. 1 and fig. 2”; it is noted that this is a system claim and therefore this wherein clause is interpreted as the dust collector is capable of being driven at such a speed, and dust collector of Wang is capable of doing so depending on the conditions of the pneumatic pipeline).
Regarding claim 7, modified Wang teaches lithium-ion battery cathode material recovery system of claim 1 (Fig. 1), wherein the exhaust gas discharged from the dust collector is filtered and then continuously supplied to the crusher, thereby improving the economic feasibility and efficiency of the process (Fig. 1; P. 4, Paragraphs starting “Reference numbers in the figures” and “Referring to fig. 1 and fig. 2”).
Regarding claim 8, Wang teaches a lithium-ion battery cathode material recovery method (Fig. 1), as a cathode material recovery method using the lithium-ion battery cathode material recovery system according to claim 1 (Fig. 1; it is noted that Wang in view of Kolakowski teaches the system of claim 1, and thus even though Wang teaches the method steps of claim 8 the rejection is still under 103 because the claim requires the system of claim 1), comprising:
a lithium-ion battery crushing step of crushing the lithium-ion batteries with the crusher 002 to produce the primary crushed material (Fig. 1; P. 4, Paragraphs starting “Reference numbers in the figures” and “Referring to fig. 1 and fig. 2”; the batteries are crushed by crusher 002);
a primary crushed material drying step of drying the primary crushed material in the dryer 004 (Fig. 1; P. 4, Paragraphs starting “Reference numbers in the figures” and “Referring to fig. 1 and fig. 2”; the crushed materials are dried in the dryer 004);
a cathode material recovery step of recovering the cathode material from the primary crushed material dried in the primary crushed material drying step (Fig. 1; P. 4, Paragraphs starting “Reference numbers in the figures” and “Referring to fig. 1 and fig. 2”; after the drying step, the materials are further sorted and processed by the vibrating screens, cyclones, separators and eddy current separators to recover the cathode material); and
a non-metal and non-ferrous metal recovery step of separating and recovering the non-metals and the non-ferrous metals by separating the non-metals and the non- ferrous metals that have passed the cathode material recovery step using the eddy current separator (Fig. 1; P. 4, Paragraphs starting “Reference numbers in the figures” and “Referring to fig. 1 and fig. 2”; the eddy current separator separates the ferrous material from the non-ferrous material).
Regarding claim 9, modified Wang teaches lithium-ion battery cathode material recovery method of claim 8 (Fig. 1), wherein the cathode material recovery step includes:
a primary crushed material separation step of separating the cathode material using the first separator 008 to produce the secondary crushed material (Fig. 1; P. 4, Paragraphs starting “Reference numbers in the figures” and “Referring to fig. 1 and fig. 2”);
a secondary crushed material screening step of separating the cathode material contained in the secondary crushed material produced in the primary crushed material separation step using one or more of specific gravity, area density, and particle size, and separating the cathode material using the first vibrating screen to produce a tertiary crushed material (Fig. 1; P. 4, Paragraphs starting “Reference numbers in the figures” and “Referring to fig. 1 and fig. 2”; it is noted that this phrase is interpreted as the material that passes through the vibrating screen is the tertiary crushed material, i.e., there is not a third crushing operation);
a tertiary crushed material separation step of separating the cathode material contained in the tertiary crushed material produced in the secondary crushed material screening step using the second separator 013 to produce the quaternary crushed material (Fig. 1; P. 4, Paragraphs starting “Reference numbers in the figures” and “Referring to fig. 1 and fig. 2”).
Wang fails to explicitly teach a quaternary crushed material screening step of separating the cathode material contained in the quaternary crushed material produced in the tertiary crushed material separation step using one or more of specific gravity, area density, and particle size, and separating the cathode material using the second vibrating screen to produce the non-metals and the non-ferrous metals.
In the field of battery recycling, Kolakowski teaches providing a vibrating screen at the output of each of the crushing or separating mechanisms (Fig. 1; Col. 5, Lns. 30-56).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to modify the system of Wang to include vibrating screens at the output of each crusher or separator as taught by Kolakowski so that the size and shape of the crushed material exiting the crushers and separators may be better controlled for more efficient processing through the system. It is noted that providing such vibrating screens results a quaternary crushed material screening step with the second vibrating screen.
Claims 2 and 10 rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Kolakowski in further view of US 2023/0076830 A1 to Verma.
Regarding claim 2, modified Wang teaches lithium-ion battery cathode material recovery system of claim 1 (Fig. 1)
Wang fails to explicitly teach wherein dust recovered in the dust collector is put into the first vibrating screen through a screw conveyor.
In the field of battery recycling, Verma teaches a system for recycling batteries including crushing the batters in a crusher 104, collecting the dust from crushing operation in a filtering system 110 and the providing the dust into a screen receiving other material from the system 106 (Fig. 1; Para. [0039]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to modify the dust collector of Wang to include outputting the dust collected to a screen in the system, such as the first vibrating screen, so that the dust collected may be further processed and recycled thus increasing the efficiency of the system.
Regarding claim 10, modified Wang teaches lithium-ion battery cathode material recovery method of claim 8 (Fig. 1), wherein the cathode material recovery step includes:
a dust recovery step of recovering dust generated in the primary crushed material separation step, the secondary crushed material screening step, the tertiary crushed material separation step, and the quaternary crushed material screening step using the dust collector (Fig. 1; P. 4, Paragraphs starting “Reference numbers in the figures” and “Referring to fig. 1 and fig. 2”; dust is recovered by the air current separator 015 and the cloth bag dust remover 017).
Wang fails to explicitly teach a dust supply step of supplying dust recovered in the dust recovery step to the secondary crushed material screening step.
In the field of battery recycling, Verma teaches a method for recycling batteries including crushing the batters in a crusher 104, collecting the dust from crushing operation in a filtering system 110 and the providing the dust into a screen receiving other material from the system 106 (Fig. 1; Para. [0039]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to modify the dust collecting step of Wang to include outputting the dust collected to a screen in the system, such as the first vibrating screen used in the secondary crushed material step, so that the dust collected may be further processed and recycled thus increasing the efficiency of the system.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Kolakowski in further view of US 2010/0230518 A1 to Ewles.
Regarding claim 6, modified Wang teaches the lithium-ion battery cathode material recovery system of claim 1 (Fig. 1).
Wang fails to explicitly teach the system further comprising at least one of: a first separator hood installed in the first separator; a second separator hood installed in the second separator; a first vibrating screen hood installed on the first vibrating screen; and a second vibrating screen hood installed on the second vibrating screen, and thus allowing dust to be recovered by the dust collector, thereby improving the loss of recovery rate due to scattering of the cathode material powder occurring in the lithium-ion battery recycling process. Wang teaches dust is recovered by the air current separator 015 and the cloth bag dust remover 017 (Fig. 1; P. 4, Paragraphs starting “Reference numbers in the figures” and “Referring to fig. 1 and fig. 2”), however Wang is silent about hoods being provided at the components to direct the air and dust to these components.
Ewles teaches a battery recycling system (Abstract) including crushers 12, 14 and separator 50 that each include hoods 13, 15, 51 to recover dust from these components (Fig. 1, Para. [0020]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to modify the system of Wang to include hoods on the crushers and separators as taught by Ewles so that the dust may be efficiently collected from each of these components for further processing and recovery.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2022/0320619 A1 (Fig. 1), US 2025/0038290 A1 (Figs. 1-3) and US 2023/0115052 A1 (Fig. 1) each teach battery recycling systems including at least one crusher and at least one separator.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW STEPHENS whose telephone number is (571)272-6722. The examiner can normally be reached M-F 930-630.
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/MATTHEW STEPHENS/Examiner, Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725