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 applicant regards as his invention.
Claims 1-7 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 “the second metal element is easily chlorinated than the first metal element and, the second metal element is hardly chlorinated than lithium,” which renders the claim indefinite, because it unclear what “is easily chlorinated than the first metal element” and “is hardly chlorinated than lithium” means. For the purposes of examination, claim 1 is given the broadest reasonable interpretation such that the limitation “the second metal element is easily chlorinated than the first metal element and, the second metal element is hardly chlorinated than lithium” is interpreted as –the second metal element is more easily chlorinated than the first metal element and, the second metal element is less easily chlorinated than lithium–.
Claims 2-7 are dependent on claim 1 and are thus also indefinite for the same reasons.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 4 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 4 recites “wherein the heating temperature is 800⁰C or higher,” which fails to further limit claim 1, which recites “a heating temperature in the chloride heating step of 1000⁰C or lower,” because the temperature range recited in claim 4 encompasses temperatures higher than 1000⁰C. Examiner recommends amending claim 4 to recite –wherein the heating temperature is 800⁰C or higher and 1000⁰C or lower.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Allowable Subject Matter
Claims 1-3 and 5-7 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, the prior art fails to disclose or fairly suggest the method for manufacturing a battery terminal as recited. In particular, the closest prior art, Scheunis et al. (US 2022/0017990), hereinafter “Scheunis,” teaches a method for manufacturing a battery material, the method comprising the steps of: providing a metallurgical molten bath furnace; preparing a metallurgical charge comprising lithium-bearing material, transition metals, and fluxing agents; smelting the metallurgical charge and fluxing agents in reducing conditions in said furnace, thereby obtaining a molten bath with an alloy and a slag phase; and, optionally separating the alloy and the slag phase; characterized in that a major part of the lithium is fumed as LiCl from the molten slag, by addition of alkali or earth alkali chloride to the process (Abstract). However, in the recovery technology of Scheunis, the fumed LiCl is generated by melting and evaporating a recovery object, such as a lithium battery, and a metal chloride, which requires a setting the temperature in the heating treatment to a high temperature well in excess of 1000⁰C, such as 1500⁰C (Abstract, [0029], [0036]), while claim 1 requires that the heating temperature is 1000⁰C or lower. Thus, claim 1 is distinct over the teachings of the prior art. Claims 2-3 and 5-7 further limit the subject matter of claim 1 and are thus also distinct over the teachings of the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY M LIANG whose telephone number is (571)272-0483. The examiner can normally be reached M-F: 9:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Johnson can be reached at (571)272-1177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANTHONY M LIANG/Primary Examiner, Art Unit 1734
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