DETAILED CORRESPONDENCE
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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09/30/2025 has been entered.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
Applicant’s response, filed 09/30/2025, has been entered. Claim 1 is amended. Claims 1-4, 6, and 9 are now pending in this application.
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 1 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.
Claim 1 recites “a first step of obtaining a suspension by suspending cobalt sulfide and the nickel sulfide in dilute sulfuric acid, and a subsequent second step of dissolving the cobalt and the nickel in the suspension”. It is unclear why the claim first requires cobalt sulfide and nickel sulfide but then later requires cobalt and nickel. Claim 1 is interpreted as “a subsequent second step of dissolving the cobalt sulfide and the nickel sulfide”.
Claim 1 recites “in which cobalt and nickel” and “containing cobalt and nickel”. However, it is unclear if this is referring to the cobalt and nickel previously introduced in the claim. Claim 1 should recite “the cobalt and nickel” and “containing the cobalt and nickel”. Correction is required.
Claims 2-4, 6, and 9 are rejected in view of dependence on claim 1.
Claim Rejections - 35 USC § 103
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 1, 2, 6, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Miyazaki (US2023313337A1) in view of Xu (WO2021134517A1) (refer to enclosed translations for citations).
Regarding claim 1,
Miyazaki teaches a method [0001] for separating [0001] cobalt and nickel [0001], in which cobalt [0006-0007] and nickel [0006-0007] are separated [0007] from a lithium ion secondary battery [0006-0007], the method comprising:
a leaching step (Fig. 1, S3; [0007]) of obtaining a leachate [0007] containing cobalt [0007] and nickel [0007] from an electrode material [0007] of a lithium ion secondary battery [0006-0007],
a step of sulfurizing (Fig. 1, S4; [0065], “sulfurizing…S4”) the nickel and the cobalt in the leachate to obtain cobalt sulfide (CoS, [0064]) and nickel sulfide (NiS, [0064]), and
a re-dissolution step (Fig. 1, S6, “re-dissolving step”, [0018]) that consists of a first step of obtaining a suspension ([0073], "precipitates…immersed" wherein the precipitate/liquid mixture is a initially a suspension until complete dissolution) by suspending [0073] the cobalt sulfide [0064] and the nickel sulfide [0064] in dilute sulfuric acid [0072], and a subsequent second step of dissolving (see [0075], wherein precipitates dissolve which is subsequent to initial precipitate immersion) the cobalt [0075] and the nickel [0075] in the suspension ([0075], wherein “solid phases” remain such that it is a suspension) to obtain a cobalt and nickel solution (see [0075], wherein dissolving cobalt and nickel forms a solution) containing the cobalt and the nickel (see [0075], “cobalt-nickel solution”),
wherein the suspension ([0073], precipitates in liquid form suspension until complete dissolution) is a solution ([0073], “solution”) in which the cobalt sulfide and the nickel sulfide are suspended ([0073], wherein cobalt and nickel precipitates form a suspension until complete dissolution) in the dilute (see [0072], diluted with 20 ml hydrogen peroxide) sulfuric acid [0072],
in the second step of the re-dissolution step is a step of performing bubbling [0051] of the suspension with an oxidizing gas (see [0051], “air” wherein air contains oxygen) containing oxygen (see [0051], “air” wherein air contains oxygen) using a fine-bubble generation apparatus (air-bubbling per [0018]).
Miyazaki fails to teach a pH of the suspension during the bubbling is adjusted to be in a range of 3.0 or more and 7.0 or less so as to dissolve the cobalt sulfide and the nickel sulfide. Xu teaches a pH ([0041], “pH”) of a suspension ([0041], “leachate rates… 99.64%” wherein a leachate is a suspension until 100% dissolution) during the bubbling ([0010], “air, oxygen”; [0041], “air is blown”) is 5.5 ([0041], “5.5”, which is entirely within the claimed range of 3.0 or more and 7.0 or less). It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to control the pH of the suspension during the bubbling step of Miyazaki, as suggested by Xu, as a method of removing iron from the solution [0010]. Further, Miyazaki suggests applying further pH control to remove iron from the solution [0069], wherein Xu provides an acceptable embodiment of doing so. Miyazaki in view of Xu teaches so as to dissolve the cobalt sulfide and nickel sulfide (Miyazaki; [0051], wherein the redissolution step dissolves the cobalt sulfide and nickel sulfide; wherein the pH within the claimed range such that it meets all the limitations of this claim).
Regarding claim 2,
Miyazaki teaches the method for separating cobalt and nickel according to claim 1 (see rejection of claim 1 above), wherein a pH [0061-0063] of the suspension before the bubbling (see [0061] and Fig. 1, wherein S5 is before S6) is set to be in a range of 3.0 or more and 4.0 or less ([0063], which is entirely within the claimed pH range of 2.0 or more and 7.0 or less).
Regarding claim 6,
Miyazaki teaches the method for separating cobalt and nickel according to claim 1 (see rejection of claim 1 above), wherein, in the re-dissolution step (Fig. 1, S6), hydrogen peroxide [0072] is added to the suspension [0072].
Regarding claim 9,
Miyazaki teaches the method for separating cobalt and nickel according to claim 1 (see rejection of claim 1 above), further comprising: a solvent extracting step (Fig. 1, S7; [0081]) of adding an extractant solution [0080-0081] to the cobalt and nickel solution [0080] to obtain a cobalt extract and a nickel extract [0080].
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Miyazaki (JP7121885B2) (refer to enclosed translations for citations).
Regarding claim 4,
Miyazaki teaches method for separating cobalt and nickel according to the method for separating cobalt and nickel according to wherein air bubbling is used in the re-dissolution step (see rejection of claim 1 above).
It is well understood that air has an oxygen concentration of 21%, which is within the claimed range of an oxygen concentration of the oxidizing gas used in the re-dissolution step is 20% by volume or more.
Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to use an oxygen concentration of the oxidizing gas used in the re-dissolution step is 20% by volume or more, as 21% is the normal concentration of oxygen in air and because Miyazaki teaches air bubbling in the re-dissolution step.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Miyazaki (JP7121885B2) in view of Sato (JP2017150027A) (refer to enclosed translations for citations).
Regarding claim 3,
Miyazaki teaches the method for separating cobalt and nickel according to Claim 1 (see rejection of claim 1 above), wherein the bubbling in the re-dissolution step is performed for 4 hours or longer and 15 hours or shorter ([0073-0074]; which overlaps with and thus obviates the claimed range of 50 minutes or longer and 12000 minutes or shorter; see MPEP § 2144.05.I.). Miyazaki fails to teach a flow rate of the oxidizing gas of 0.1 L/min or more and 5 L/min or less with respect to 1000 mL of the suspension.
Sato, analogous in the art of bubbling in a re-dissolution step in a separation method for a battery, provides a flow rate of the oxidizing gas (air bubbles, Sato [0023]) of 0.5 L/min per 1 L of the suspension ([0023-0026], which is within the claimed range of 0.1 L/min or more and 5 L/min or less with respect to 1000 mL of the suspension).
It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify Miyazaki to incorporate a flow rate of the oxidizing gas of 0.5 L/min per 1 L of the suspension in order to achieve an ideal leaching rate [0023-0026], avoid stirring [0026] and need for oxidizing chemicals other than air bubbles [0026], and thus reduce processing cost as taught by Sato.
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argues that all other claims should be allowable based off an allowable claim 1. However, the rejections on all claims have been sustained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL WYROUGH whose telephone number is (571)272-4806. The examiner can normally be reached on Monday-Friday 10am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TIFFANY LEGETTE can be reached on (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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/PAUL CHRISTIAN ST WYROUGH/Examiner, Art Unit 1723
/TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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