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 .
Election/Restrictions
Applicants’ election without traverse of Group I, Claims 1-10,13-18 in the reply filed on 8/31/2024 is acknowledged.
Claim Objections
Claim 2 is objected to because of the following informalities: in line 2 “mixing and grinding time” should be preceded by an –- a --.
Claim 6 is objected to because of the following informalities: in line 2 “grinding time” should be preceded by an –- a --.
Appropriate correction is required.
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 1-10 and 13-18 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 metal source" in line 6. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, the claim is construed as –- metal source powder --.
Claim 3 recites the limitation "the mixing and grinding time" in line 1. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, the phrase is construed as –- a mixing and grinding time --.
Claim 4 recites the limitation "the mixing and grinding time" in line 3. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, the phrase is construed as –- a mixing and grinding time --.
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) 1-4,8-10,14,15 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by CN 103236522 (CN ‘522).
As to Claim 1, CN ‘522 discloses a precursor containing manganese, iron and phosphate is produced by a solid-state reaction process using a manganese powder, phosphate powder and iron powder (pg. 1, lines 57-60 and pg. 2, lines 14-17). The phosphate sources can include ammonium phosphate which the Examiner construes as equivalent to triammonium phosphate.
As to Claims 2-4, CN ‘522 discloses the mixing and grind time of 1-10 hrs. at room temperature (pg. 1, lines 57-59).
As to Claim 8, the ratio of metal to phosphorous sources is 1:1.2 (pg. 2, line 60).
As to Claim 9, CN ‘522 discloses a washing with water step (pg. 3, line 2).
As to Claim 10, CN ‘522 discloses the use of ferrous chloride which is a divalent iron salt (pg. 2, line 16).
As to Claim 14, the first step of the prior art process can contain a variety of different metals used in the process (pg. 2, lines 15-17).
As to Claim 15, CN ’522 discloses a step where carbon sources are added with a lithium source and the carbon sources are inorganic or organic (pg. 2, lines 1-25).
Claim(s) 1,2,5,6,8-10 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by JP 2014225409 (JP ‘409).
As to Claim 1, JP 409 discloses a process for making an ammonia phosphate compound wherein 1:1 ratios of triammonium phosphate, manganese sulfate, iron sulfate and polyethylene glycol surfactant are ground in a mortar at a temperature of 40 deg C (pg. 6, lines 33-38).
As to Claims 2,5,6 and 8, see discussion of Claim 1 above.
As to Claim 9, the resulting compound is washed in water (pg. 6, line 36).
As to Claim 10, the iron is a divalent salt (pg. 6, line 33).
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 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.
Claim(s) 7 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN ‘522.
As to Claim 7, CN ’522 fails to disclose a step where the metal source powder and phosphorous source powder are grinded separately.
As to the difference, changing the order of steps does not render a claimed process non-obvious over the prior art, see Ex parte Rubin, 128 USPQ 440,441,442 (POBA 1959).
As to Claim 13, CN ‘522 discloses a process step of adding a lithium source in a specific ratio and drying and sintering (pg. 2, lines 1-10), however, fails to specifically disclose a step of spray drying.
As to the difference, it would have been obvious to one of ordinary skill in the art to utilize a spray drying process for the obvious advantages of achieving uniform precursor particle sizes while simultaneously drying the particle.
Allowable Subject Matter
Claims 16-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
As to Claims 16-18, none of the prior art discloses a method of utilizing the specific process steps as required by the claims nor is there any teaching, suggestion or motivation to modify the prior art steps to arrive at the claimed process.
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/ 9/10/2026
/MARK KOPEC/ Primary Examiner, Art Unit 1762
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