DETAILED ACTION
Claims 1-5 are presented for examination.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
The abstract of the disclosure is objected to because the abstract should reflect the scope of the inventive concept of independent claim 1. A corrected abstract of the disclosure is respectfully required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Claim Objections
Claim 5 is objected to because it should indicate the “aqueous solution comprising glycine” is “further added when the compound is deposited….” (emphasis added) since the claimed “aqueous solution comprising glycine” is an additional component not claimed in independent claim 1 (see instant specification, at e.g. ¶¶ 0017-18, 46, 53, and 81 plus e.g. Figure 1). Appropriate correction is respectfully required.
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.
Claim 5 is 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 5, the limitation “the water-soluble aluminum salt” does not have an antecedent basis (see e.g. claim 1, ll. 1-3), noting that the “aqueous solution” in the first step “supplying an aqueous solution comprising…a water-soluble aluminum salt” is a product-by-process limitation within a process step, see also e.g. MPEP § 2113, whereas claim 5 requires said “aqueous solution comprising glycine” to be added during a “deposited by mixing” step subsequent to said first “supplying.”
Regarding claim 5, the limitation “the aqueous solution comprising the water-soluble aluminum salt” (see Figure 1, item 890) is not clear as to whether an additional “aqueous solution comprising…water-soluble aluminum salt” is additionally added to deposit the compound (Id, item 805); an unreacted portion of the aqueous solution (item 890), which is used to form the mixed solution (item 901); or, a step of separately adding (e.g. from a separate beaker or tubing) an identical aqueous solution (item 890) or mixed solution (item 901) is included in the claimed limitation.
For purposes of examination, the limitation is interpreted as provided infra.
Allowable Subject Matter
Claims 1-5 are allowed. The following is a statement of reasons for the indication of allowable subject matter: none of the timely art of record teaches or suggests the claimed method including the specifically claimed steps including the separate heating steps that include the inclusion of the lithium compound and calcium compound and the specifically claimed composition of aqueous solution, said method comprising
(1) supplying
(1a) an aqueous solution comprising
a water-soluble nickel salt,
a water-soluble cobalt salt,
a water-soluble manganese salt, and
a water-soluble aluminum salt, and
(1b) an alkaline solution
to a reaction vessel and
(2) mixing the aqueous solution and the alkaline solution in the reaction vessel
to deposit a compound comprising at least nickel, cobalt, manganese, and aluminum;
(3) heating a first mixture of the compound and a lithium compound at a first heating temperature and
(4) crushing or grinding the first mixture;(5) heating the first mixture at a second heating temperature; and(6) heating a second mixture obtained by mixing the crushed or ground first mixture and a calcium compound at a third heating temperature.
See further instant specification, at e.g. ¶¶ 0022, 76, and 242. For illustrative purposes, see e.g. Figure 1.
The closest art of record is Kensaku et al (US 2018/0145326), but does not teach the claimed separate heating steps with the that include the inclusion of the lithium compound and calcium compound.
Conclusion
The art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yang et al (US 2025/0230059);
Yoshitani et al (US 2024/0092658);
Nakagaki et al (US 2022/0274846);
Du et al (US 2021/0126242);
Choi et al (US 2020/0350554);
Park et al (US 2020/0006762);
Kim et al (US 2019/0300382);
Miwa et al (US 2017/0288256);
Wu et al (US 2016/0260965);
Ishizaki et al (US 2015/0249248);
Miwa et al (US 2013/0047423); and,
Lee et al (US 2006/0204851).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSHITOSHI TAKEUCHI whose telephone number is (571)270-5828. The examiner can normally be reached M-F, 8-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TIFFANY LEGETTE-THOMPSON can be reached at (571)270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YOSHITOSHI TAKEUCHI/Primary Examiner, Art Unit 1723
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