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 06/05/2026, have been entered in the above
identified application.
Claims 1-4 and 7-14 are pending in the application.
Claims 5 and 6 are 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WITHDRAWN OBJECTIONS/REJECTIONS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03/11/2026 have been withdrawn due to Applicant’s amendment in the response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 06/05/2026.
The 35 U.S.C. §112 rejection of the claim 13 made of record in the office action
mailed on have been withdrawn due to Applicant’s amendment in the response
filed 06/05/2026.
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
Claims 1-4 and 7-14 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-4 and 6-13 of copending Application No. 18/350080 in view of Muramatsu et al. (JP 2012-022969 A , for prior art discussion use the reference document submitted by the applicant).
Regarding claim 1, application ‘080 claims a method for recycling a lithium-ion
secondary battery, comprising: providing a used lithium-ion secondary battery that
includes: a battery element including a ceramic positive electrode layer, a ceramic
separator, and a ceramic negative electrode layer; an electrolytic solution; a battery
container accommodating the battery element and the electrolytic solution, taking out
the battery element from the lithium-ion secondary battery; subjecting the battery
element to an electrode restoration treatment including cleaning and/or heat treatment;
and putting the battery element subjected to the electrode restoration treatment back
into the battery container to assemble a lithium-ion secondary battery (claim 1). Application ‘080 further claims that the ceramic positive electrode layer, the ceramic
separator, and the ceramic negative electrode layer form one integrated sintered body
as a whole which indicates the ceramic separator may be bonded to the ceramic
electrode taken out. (claim 1). Application ‘080 discloses wherein the electrode restoration treatment comprises degreasing the ceramic electrode at 300 to 6000C and/or firing the ceramic electrode at 650 to 10000C (claim 5); and wherein the positive electrode is a ceramic positive electrode, and the ceramic positive electrode is composed of a lithium complex oxide sintered body (claim 7).
Application ‘080 fails to claim taking out the ceramic electrode from the lithium-
ion secondary battery so that the positive electrode and the negative electrode are
separated from each other.
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
interposed between the positive and negative electrode (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.
further discloses that the battery elements of the used lithium-ion secondary battery
(LIB) is taken out of the container (exterior material, para. 0082, 0113) and the positive
electrode, the electrolytic layer (electrolytic solution-impregnated separator), and the
negative electrode are peeled off one by one there by separating from each other (para.
0082).
Regarding claim 2, application ‘080 claims electrode restoration treatment
comprises cleaning the battery element with a polar solvent to remove impurities
contained in and/or adhering to the battery element, followed by drying (claim 2).
Regarding claim 3, application ‘080 claims battery element 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 battery element after the electrode restoration treatment (claim 3).
Regarding claim 4, application ‘080 claims the electrode restoration treatment
comprises heating, at 300 to 1000°C, the battery element that has been cleaned and dried. (claim 4).
Regarding claim 7, application ‘080 claims the ceramic positive electrode layer is
an oriented positive electrode layer containing 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 with respect to a layer face of the positive
electrode layer. (claim 8).
Regarding claim 8, application ‘080 claims the lithium complex oxide is lithium
cobaltate. (claim 9).
Regarding claim 9, application ‘080 claims the negative electrode is a ceramic
negative electrode, and the ceramic negative electrode is composed of a titanium-
containing sintered body. (claims 1 and 10).
Regarding claim 10, application ‘080 claims the titanium-containing sintered body
contains lithium titanate or niobium titanium complex oxide. (claim 11).
Regarding claim 11, application ‘080 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 12)
Regarding claim 12, application '080 claims replacing the electrolytic solution in
the lithium-ion secondary battery with a fresh electrolytic solution. (claim 1)
Regarding claim 13, application ‘080 claims replacing the battery container with
an other battery container after the battery element is taken out of the lithium-ion battery and putting the battery element subjected to the electrode restoration treatment into the other battery container. (claim 13)
Regarding claim 14, application ‘080 fails to disclose replacing the positive
electrode or negative electrode other than the ceramic electrode subjected to the
electrode restoration treatment with a new or comparable positive electrode or negative
electrode.
Murumatsu et al. discloses replacing the negative electrode other than the
ceramic electrode subjected to the electrode restoration treatment with a new negative
electrode when assembling the lithium-ion battery (para. 0180).
This is a provisional nonstatutory double patenting rejection.
Claim Rejections - 35 USC § 112
Claim 3 further recites the limitation “detached before and/or during the cleaning”
in line 3 is unclear and renders the claim vague and indefinite. It is unclear from what the current collector is detached whether it’s an electrode or the binder or some other component of the battery.
Claim Rejections - 35 USC § 103
Claims 1, 2, 4, 7-11, 12, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable
over Muramatsu et al. (JP 2012-022969A, for prior art discussion use the reference document submitted by the applicant ) in view of Sloop et al. (US 9484606 B1) and Yura et al. (WO 2019221140 A1, for prior art discussion use 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 interposed between the positive and negative electrode (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 container (exterior material) without damaging the electrode
(para. 0082, 0113) and the positive electrode, the electrolytic layer (electrolytic solution-
impregnated separators), and the negative electrode are peeled off one by one from
each other to be separated into positive electrode and a negative electrode (para.
0082). Muramatsu et al. further discloses the electrode restoration treatment cleaning
the electrodes with a polar medium (cleaning solvent) for predetermined time
thereby removing the deposits formed during repeated charging and discharging of the
Lithium-ion battery and cleaning the electrodes (para. 0062, 0177-0178) and drying the solvent treated electrode at 60 to 150 oC (para. 0068) thereby meeting the limitation the electrode restoration treatment including heat treatment. Muramatsu et al. further 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 the electrode restoration treatment comprises 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. further discloses directly heating, degreasing and/or firing the battery elements (spent electrode material, figure 4) to at least a threshold temperature in the range of 400-900 oC. 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 step in the
electrode restoration treatment of Muramatsu 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.
Muramatsu et al. and Sloop et al. fails to disclose wherein the positive electrode is a ceramic positive electrode, and the ceramic positive electrode is composed of a lithium complex oxide sintered body.
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),
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 the 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 secondary battery 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 electrode by regenerating the electrode and 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 ceramic electrode with polar solvents (para. 0062, 0090,
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 claims 4, Muramatsu et al. fails to disclose the electrode restoration treatment further comprises heating the cleaned and dried battery element at 300 to 1000 oC..
Sloop et al. further 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 the battery elements (spent electrode material, figure 4) to at least a threshold temperature in the range of 400-900 oC. 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 step in the
electrode restoration treatment of the combination 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.
Regarding claim 7 -11, Muramatsu et al. fails to disclose 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, lithium complex oxide is lithium cobaltate, the ceramic negative electrode is composed of a titanium-containing sintered body, the titanium-containing sintered body contains lithium titanate or niobium titanium complex oxide and 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.
Yura et al. discloses the positive electrode (positive electrode layer) is an oriented positive electrode containing a plurality of primary grains, 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 (layer face of the positive electrode layer, para. 0031). Yura et al. further discloses the positive electrode layer is composed of a lithium complex oxide where in, it is lithium cobaltate (para. 0030, 0033). Yura et al. discloses a lithium -ion secondary battery including a negative electrode (negative electrode layer) composed of a titanium-containing sintered body (para. 0014, 0043). Yura et al. further discloses the titanium-containing sintered body contains lithium titanate or niobium titanium complex oxide (para. 0043) and the separator is ceramic and it comprises of MgO (ref.#20, figure 1, para. 0017, 0051).
Regarding claim 12, Muramatsu et al. discloses the electrolytic solution of the
used lithium -ion secondary battery is replaced with a fresh electrolytic solution (para. 0096, 0127, 0160, 0183).
Regarding claim 13, Muramatsu et al. discloses the insertion of solvent treated
and dried ceramic electrode was inserted into a new container (laminate type exterior material container (para. 0097) thereby replacing the battery container with an other battery container after the ceramic electrode is taken out and before the ceramic
electrode subjected to the electrode restoration treatment into the other battery container.
Regarding claim 14, Murumatsu et al. discloses replacing the negative electrode
other than the ceramic electrode subjected to the electrode restoration treatment with a new negative electrode when assembling the lithium-ion battery (para. 0180).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Muramatsu et al. (JP 2012-022969 A) in view of Belharouak et al. (US 12,444,780).
Muramatsu, Sloop and Yura are relied upon as described above.
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).
Muramatsu et al. fails to disclose attaching of the electrode current collector to
the ceramic electrode after the electrode restoration treatment.
Belharouak et al. discloses direct recycling of a used lithium-ion battery having a
cathode (LiCoO2, col. 6 line 1-5), anode (col. 6, lines 16-20), anode current collector
(col. 7, lines 22-25), cathode current collector (col. 7, lines 17-22), separator (col. 5,
lines 24-35), and an electrolyte (col. 5, lines 41-55). The method of recycling includes
dissembling the battery in to the battery elements from the container (shell) without
damaging or destroying the electrode (Col.7, lines 43-52) and separating the current
collector from the electrode (composite electrode, abstract). Belharouak et al. further
discloses washing the spent electrodes (composite electrodes) with citrate-based
solvent (col. 8, lines 1-4) and thereby detaching the current collector during the cleaning
process. Belharouak et al. discloses the detached current collector is recovered (col. 8,
lines 35-38) and the current collector is substantially free from corrosion and residual
electrode material (col. 8, line 62-67) and can be reused to prepare a new composite
electrode and/or a new battery (col. 9, lines 5-10) there by attaching the current collector to ceramic electrode after restoration treatment.
It would have been obvious to one of the ordinary skill in the art before effective filling date of the claimed invention to apply the recycling method of Muramatsu et al. of a used lithium-ion battery to include detaching the current collector before the cleaning step and attaching it to the electrode after the restoration treatment as taught by Belharouak et al. One of ordinary skill in the art would have been motivated to incorporate the recovery and reuse of the current collector reducing the cost and environmental load.
ANSWERS TO APPLICANT’S ARGUMENTS
Applicant’s arguments in the response filed on 06/05/2026 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 06/05/2026 regarding the 35U.S.C. §112b rejection for claim 13 of record have been considered but are moot since the
rejection has been withdrawn.
Applicant’s arguments regarding the double patenting rejection on page 6 have
been considered but they are not persuasive. The claims are not patentably distinct and
the rejection is maintained.
Applicant’s arguments filed on 06/05/2026 regarding 35 U.S.C. §102 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 that includes a coated positive electrode containing a binder and the positive electrode plate in Yura is a sintered body that does not contain binder on page 7 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 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 fails to teach or suggest the specific conditions, such as degreasing or firing at specific temperature ranges (i.e., multi-stage heating), associated with heating the spent electrode material within the threshold temperature range of 400 to 900°C on page 8, have been considered but they are not persuasive because the claims as presented does not require a multi-stage heating process. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., a multi-stage heating process) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claim 1 merely recites the electrode restoration treatment includes heating and comprises degreasing the ceramic electrode at 300 to 6000C and/or firing the ceramic electrode at 650 to 1000oC. Claim 4 further recites heating the cleaned and dried electrode of claim 2 at 300-1000oC. None of these claims expressly require multi-stage heating. Claims are given their broadest reasonable interpretation consistent with the specification, and the limitations from the specification are not imported into the claims. MPEP 2111.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISWARYA MATHEW whose telephone number is (571)272-9515. The examiner can normally be reached M-F 9:00 AM - 3:00 PM.
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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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