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 Objections
Claim 1 is objected to because of the following informalities:
In Expression (1), Applicants are suggested to eliminate extra space between the “1” and “.” in the endpoint value 1.10 for S1/S2 ratio.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US 2002/0053663 (US ‘663).
As to Claim 1, US ‘663 discloses a method of producing a metal composite oxide by mixing metal salts at a flow rate of 200 mL/min and ammonia water at 63 mL/min wherein sodium hydroxide is further added to adjust the pH of the overall solution to 12.6 (para. 0023-0024).
US ‘663 is relied upon as discussed above, however, fails to disclose the specific ratios of S2/S1 as required by the claim.
As to the difference, the Examiner notes the production method in the instant Specification that indicates a flow rate N1/N2 where N2 is the flow rate of the alkaline solution and N1 is the flow rate of the metal salt solution falls between 2.2 and 4.5 would yield values of C10,C50,C90,S1,S2,tap density and D50 values are directly resulting from the N1/N2 ratio (Instant Specification, para. 0079-0082). The Examiner further notes that the target pH of the alkaline solution is adjusted to 12.5 or more (Instant Specification, para. 0078). The Examiner also notes that the ratio from the reference above would be 3.17 which would fall within the disclosed ranges in the instant Specification.
The Examiner respectfully submits the prior art would inherently possess the claimed S2/S1 ratio as required due to similarity of the starting materials and processes used by the prior art as compared to the instant Specification.
As to Claim 2-4, see discussion of Claim 1.
As to Claim 5, the tap density of the prior art material is 1.5 g/cc or higher (Claim 1, US ‘663).
As to Claims 6 and 7, see discussion of Claim 1.
As to Claim 8, US ‘663 discloses a method whereby a lithium oxide is made by calcining the metal oxide obtains with lithium salts (para. 0009).
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by US 2021/0130189 (US ‘189).
As to Claim 1, US ‘189 discloses a method of producing a metal composite oxide by mixing metal salts at a flow rate of 1.8 L/h and ammonia water at 0.5 L/h wherein sodium hydroxide is further added to adjust the pH of the overall solution to 12.6 (para. 0052-0056).
US ‘189 is relied upon as discussed above, however, fails to disclose the specific ratios of S2/S1 as required by the claim.
As to the difference, the Examiner notes the production method in the instant Specification that indicates a flow rate N1/N2 where N2 is the flow rate of the alkaline solution and N1 is the flow rate of the metal salt solution falls between 2.2 and 4.5 would yield values of C10,C50,C90,S1,S2,tap density and D50 values are directly resulting from the N1/N2 ratio (Instant Specification, para. 0079-0082). The Examiner further notes that the target pH of the alkaline solution is adjusted to 12.5 or more (Instant Specification, para. 0078). The Examiner also notes that the ratio from the reference above would be 3.6 which would fall within the disclosed ranges in the instant Specification.
The Examiner respectfully submits the prior art would inherently possess the claimed S2/S1 ratio as required due to similarity of the starting materials and processes used by the prior art as compared to the instant Specification.
As to Claim 2-4, see discussion of Claim 1.
As to Claim 5, the tap density of the prior art material is 1.56 g/cc or higher (Example 1, para. 0071).
As to Claims 6 and 7, see discussion of Claim 1.
As to Claim 8, US ‘663 discloses a method whereby a lithium oxide is made by calcining the metal oxide obtains with lithium salts (para. 0070).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAISON P THOMAS whose telephone number is (571)272-8917. The examiner can normally be reached Monday to Friday, 9:00 am-3:30 pm EST.
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/J.P.T/Examiner, Art Unit 1762
/jt/ 7/21/2026
/MARK KOPEC/ Primary Examiner, Art Unit 1762
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