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 .
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.
Status of Application
Claims 1-20 are pending and presented for examination. The preliminary amendment dated 21 February 2024 adding claims 14-20 and amending claim 13 is acknowledged and entered.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
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 5, 6 and 13-20 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.
As to claims 5 and 6, it is indefinite as it recites in S1 a molar ratio of acetic acid to cobalt ions, but this is not in step S1, this is a step prior to step S1 and thusly “in S1” should be removed which is how it is being treated for the purposes of compact prosecution.
Claims 13-20 are rejected under 35 U.S.C. 101/112(b) as they recite a “use” without setting forth the required method steps to cover the use (see MPEP 2173.05(q)). The claims should be drawn to “A method of preparing a lithium-ion battery (LIB) comprising . . . “ the language of claim 1 followed by what forms it into the LIB.
Allowable Subject Matter
Claims 1-4 and 7-12 are allowed.
As to claim 1 (and those dependent thereon), none of the cited prior art either alone or in combination discloses a method of making a long channeled cathode material comprising mixing sodium hexanitrocobaltate aqueous solution with a Mn-Ni mixed salt solution, oxalic acid, and ammonium hydroxide under pH control and solid-liquid separation followed by calcination and soaking of the calcined material in water. CN101215011 (cited and provided by Applicants) is the closest piece of prior art and it discloses making a cathode material (lithium nickel cobalt manganese oxide) by reacting aceates of nickel, cobalt, and manganese in a solvent of DI water and a complexing agent to control the pH before being calcined. It does not expressly state usage of sodium hexanitrocobaltate nor soaking in water.
Conclusion
Claims 1-4 and 7-12 are allowed. Claims 5, 6 and 13-20 are rejected.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD M RUMP whose telephone number is (571)270-5848. The examiner can normally be reached Monday-Thursday 06:45 AM to 04:45 PM.
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RICHARD M. RUMP
Primary Examiner
Art Unit 1759
/RICHARD M RUMP/Primary Examiner, Art Unit 1759
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