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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/27/2026 has been entered.
Status of Rejections
All previous rejections are withdrawn.
New grounds of rejection are presented.
Claims 1-12, 15-17, and 19-22 are pending and under consideration for this Office Action.
Claim Rejections - 35 USC § 112(b)
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 7 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 7: It is claimed that “the rare earth elements recovered include any one of rhenium, rubidium, scandium, strontium, tantalum, tellurium, tin, titanium, tungsten, uranium, vanadium and zirconium”. However, only scandium is a rare earth element.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3, 8-11, 15-17, and 19-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rabaey et al (US 20110315561 A1) in view of James et al (US 20080169196 A1) and Jha et al (US 20160010222 A1).
Claim 1: Rabaey discloses an apparatus for treatment of acid mine drainage (see e.g. abstract; [0054]), said apparatus comprising:
at least one electrochemical reactor (see e.g. Fig 1) comprising at least one anode electrode (see e.g. #5 on Fig 1), at least one cathode electrode (see e.g. #4 on Fig 1) and a semipermeable membrane for separating the at least one anode electrode and the at least one cathode electrode and for defining an anode chamber containing the at least one anode electrode and a cathode chamber containing the at least one cathode electrode (see e.g. #6 on Fig 1; [0017]);
at least one anolyte source containing buffer (see e.g. #7 on Fig 1; [0050]; [0056]) and at least one catholyte source containing the acid mine drainage (see e.g. #1 on Fig 1; [0054]), said at least one anolyte source and said at least one catholyte source being distinct from the at least one electrochemical reactor and in fluid communication with the at least one electrochemical reactor (see e.g. #1 and #7 on Fig 1);
a first recirculation line configured to recirculate buffer to the cathode chamber (see e.g. #50 on Fig 4; [0093])
a second recirculation line configured to recirculate acid mine drainage to the cathode chamber (see e.g. #51 on Fig 4; [0093]);
a power source for supplying an electrical current to the at least one electrochemical reactor (see e.g. [0081]),
wherein supply of the electrical current is controlled so that the electrical current is supplied until a predetermined pH is reached (see e.g. [0005]: “Bioelectrochemical wastewater treatment can be accomplished by electrically coupling a microbial bioanode to a counter electrode (cathode) that performs a reduction reaction”; [0018]: “The anode and the cathode are connected to each other by an electrical circuit…a power supply may be included in the electrical circuit. This power supply can be used to apply a voltage on the system, which increases the rate of the electrochemical reactions taking place…This may result in a volumetric current density in the bioelectrochemical cell”; [0054]: “The cathode fluid may increase in pH by either electrochemical or bio-electrochemical reduction of electron acceptor”) for selective recovery of at least one of metals, critical elements, and water (see e.g. #45 and #46 on Fig 4; [0055]; [0092]), and
wherein the selective recovery of the metals or critical elements includes precipitation of the metals or critical elements from the acid mine drainage and wherein a pH of the at least one catholyte reservoir is maintained at an elevated pH relative to untreated acid mine drainage (see e.g. [0055]: “the pH in the cathode is increased to a level where the metal ions precipitate from the fluid…The metal ions may precipitate after the cathode fluid has left the cathode compartment”) and wherein the precipitation is encouraged to occur within the at least one catholyte reservoir to resist precipitation or adherence of precipitant on a surface of the at least one cathode electrode (see e.g. #41 on Fig 4; [0055]: “precipitation may take place in a precipitation vessel”).
Rabaey does not explicitly teach that the at least one anolyte source and the at least one catholyte source are each connected to a reservoir that is distinct from the reactor. However, Rabaey discloses that the anolyte and catholyte can individually be sent to storage (see e.g. [0039]; [0083]) and can also be recirculated (see e.g. [0093]). James teaches an apparatus (see e.g. abstract) for treatment of acid mine drainage (see e.g. [0004], [0029]), making it analogous art (see MPEP § 2141.01(a) I). The apparatus of James recirculates at least the catholyte into a reservoir (see e.g. [0011]) so that the apparatus can be run in a batch or flowthrough mode (see e.g. [0011]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to modify the apparatus of Rabaey so that the second recirculate lane recirculates the catholyte between the cathode chamber and the at least one catholyte reservoir as taught in James to enable both batch or flowthrough processes. Furthermore, James teaches only using a single reservoir because the anolyte and catholyte are the same (see e.g. [0057]). However, it would have been obvious to a person having ordinary skill in the art before the effective filing date that a second reservoir can be included for the first recirculation line when the anolyte is different from the catholyte, such as taught in Rabaey. Furthermore, MPEP § 2144.04 VI B states “the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced”.
Rabaey does not explicitly teach at least one sensor for monitoring a pH of a contents of the reactor. However, Rabaey teaches that the pH of a contents of the reactor is controlled and monitored (see e.g. [0055]; [0085]; [0109]). Therefore, a person having ordinary skill in the art before the effective filing date would be motivated to find a device sufficient to accomplish the monitoring of pH. Jha teaches an apparatus (see e.g. abstract) for treatment of acid mine drainage (see e.g. [0046]), making it analogous art (see MPEP § 2141.01(a) I). Jha teaches a pH sensor for monitoring a pH of a contents of the reactor (see e.g. [0065]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to modify the apparatus of Rabaey to include the pH sensor of Jha as the device used to monitor the pH.
Claim 2: Rabaey in view of James and Jha discloses that the buffer can be water (see e.g. Rabaey - [0056]) or an acidic buffer (acetic acid, see e.g. Rabaey - [0050]). It would have been obvious to a person having ordinary skill in the art before the effective filing date to select water or the acetic acid from the list of possible anolyte materials disclosed in Rabaey because KSR rationale E states that it is obvious to choose “from a finite number of identified, predictable solutions, with a reasonable expectation of success” and MPEP § 2144.07 states “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”.
Claim 3: Rabaey in view of James and Jha discloses that the buffer can be acetic acid (see e.g. Rabaey - [0050]). It would have been obvious to a person having ordinary skill in the art before the effective filing date to select the acetic acid from the list of possible anolyte materials disclosed in Rabaey because KSR rationale E states that it is obvious to choose “from a finite number of identified, predictable solutions, with a reasonable expectation of success” and MPEP § 2144.07 states “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”.
Claim 8: Rabaey in view of James and Jha discloses that the semipermeable membrane can be an anion exchange membrane (see e.g. Rabaey - [0017]). It would have been obvious to a person having ordinary skill in the art before the effective filing date to select an anion exchange membrane from the list of possible membranes disclosed in Rabaey because KSR rationale E states that it is obvious to choose “from a finite number of identified, predictable solutions, with a reasonable expectation of success” and MPEP § 2144.07 states “The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945)”.
Claim 9: The limitation claiming that “the sulphuric acid is recovered from the buffer within the anode chamber of the reactor” is limiting an item in a list of alternatives in claim 1 and is contingent on the sulphuric acid being what is selectively recovered. Rabaey in view of James disclose selective recovery of at least one of metals, critical elements, and water (see e.g. Rabaey - #45 and #46 on Fig 4; [0055]; [0092]). Claim 9 does not narrow the claims to require the sulphuric acid is what is selectively recovered and thus does not limit claim 1 in the instances where a predetermined pH is reached for selective recovery of at least one of metals, critical elements, and water.
Claim 10: Rabaey in view of James and Jha discloses that the water is recovered from the acid mine drainage in the cathode chamber of the reactor (see e.g. Rabaey – [0022]; [0092]).
Claim 11: Rabaey in view of James and Jha discloses that the predetermined pH is dependent on the selected metals or critical elements to be recovered (See e.g. [0024]: “It will be appreciated that many wastewater streams contain dissolved cations and these dissolved cations are prone to precipitate if the pH of the wastewater stream increases, as many cations form carbonate and/or hydroxide precipitates if pH values increase above a threshold value. This value is somewhat dependent upon the composition of the liquid solution”) and wherein the predetermined pH includes “above 6.5” (see e.g. Rabaey - [0024]), “above 8 to 8.5” (see e.g. Rabaey - [0029]), and “in excess of 10” (see e.g. Rabaey - [0034]), which overlaps with the claimed range of “about 2 to about 10.2”. MPEP § 2144.04 states “In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)”.
Claim 15: Rabaey discloses a process for treatment of acid mine drainage (see e.g. abstract; [0054]), said process comprising:
providing at least one electrochemical reactor (see e.g. Fig 1) comprising at least one anode electrode (see e.g. #5 on Fig 1), at least one cathode electrode (see e.g. #4 on Fig 1), and a semipermeable membrane for separating the at least one anode electrode and the at least one cathode electrode and for defining an anode chamber containing the at least one anode electrode and a cathode chamber containing the at least one cathode electrode (see e.g. #6 on Fig 1; [0017]);
providing at least one anolyte source for containing buffer (see e.g. #7 on Fig 1; [0050]; [0056]) and at least one catholyte source containing the acid mine drainage (see e.g. #1 on Fig 1; [0054]), said at least one anolyte source and said at least one catholyte source being distinct from the at least one electrochemical reactor and in fluid communication with the anode chamber and the cathode chamber of the reactor, respectively (see e.g. #1 and #7 on Fig 1);
supplying the acid mine drainage to the cathode chamber of the at least one electrochemical reactor from the at least one catholyte source (see e.g. #7 on Fig 1; [0050]; [0056]) and supplying the buffer to the anode chamber of the at least one electrochemical reactor from the at least one anolyte source (see e.g. #1 on Fig 1; [0054]);
recirculating the buffer from the anode chamber (see e.g. #50 on Fig 4; [0093]);
recirculating the acid mine drainage from the cathode chamber (see e.g. #51 on Fig 4; [0093]);
controlling supply of an electrical current to the at least one electrochemical reactor (see e.g. [0081]) until a desired pH is reached (see e.g. [0005]: “Bioelectrochemical wastewater treatment can be accomplished by electrically coupling a microbial bioanode to a counter electrode (cathode) that performs a reduction reaction”; [0018]: “The anode and the cathode are connected to each other by an electrical circuit…a power supply may be included in the electrical circuit. This power supply can be used to apply a voltage on the system, which increases the rate of the electrochemical reactions taking place…This may result in a volumetric current density in the bioelectrochemical cell”; [0054]: “The cathode fluid may increase in pH by either electrochemical or bio-electrochemical reduction of electron acceptor”) for selective recovery of at least one of metals, critical elements, and water (see e.g. #45 and #46 on Fig 4; [0055]; [0092]), and
wherein the selective recovery of the metals or the critical elements includes precipitating the metals or the critical elements from the acid mine drainage and the pH of the catholyte reservoir is controlled at an elevated pH relative to the acid mine drainage to encourage precipitation to occur within the at least one catholyte reservoir and to resist precipitation or adherence of precipitant on a surface of the at least one cathode electrode (see e.g. [0055]: “the pH in the cathode is increased to a level where the metal ions precipitate from the fluid…The metal ions may precipitate after the cathode fluid has left the cathode compartment”) and wherein the precipitation is encouraged to occur within the at least one catholyte reservoir to resist precipitation or adherence of precipitant on a surface of the at least one cathode electrode (see e.g. #41 on Fig 4; [0055]: “precipitation may take place in a precipitation vessel”).
Rabaey does not explicitly teach that the at least one anolyte source and the at least one catholyte source are each connected to a reservoir that is distinct from the reactor. However, Rabaey discloses that the anolyte and catholyte can individually be sent to storage (see e.g. [0039]; [0083]) and can also be recirculated (see e.g. [0093]). James teaches an apparatus (see e.g. abstract) for treatment of acid mine drainage (see e.g. [0004], [0029]), making it analogous art (see MPEP § 2141.01(a) I). The apparatus of James recirculates at least the catholyte into a reservoir (see e.g. [0011]) so that the apparatus can be run in a batch or flowthrough mode (see e.g. [0011]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to modify the method of Rabaey so that method recirculates the catholyte between the cathode chamber and the at least one catholyte reservoir as taught in James to enable both batch or flowthrough processes. Furthermore, James teaches only using a single reservoir because the anolyte and catholyte are the same (see e.g. [0057]). However, it would have been obvious to a person having ordinary skill in the art before the effective filing date that a second reservoir can be included for the anolyte recirculation line when the anolyte is different from the catholyte, such as taught in Rabaey. Furthermore, MPEP § 2144.04 VI B states “the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced”.
Rabaey does not explicitly teach monitoring a pH of contents of the at least one electrochemical reactor. However, Rabaey teaches that the pH of a contents of the reactor is controlled and known (see e.g. [0055]; [0085]; [0109]). Therefore, a person having ordinary skill in the art before the effective filing date would be motivated to find a way to know the pH in the reactor. Jha teaches an apparatus (see e.g. abstract) for treatment of acid mine drainage (see e.g. [0046]), making it analogous art (see MPEP § 2141.01(a) I). Jha teaches a pH sensor for monitoring a pH of a contents of the reactor (see e.g. [0065]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to modify the method of Rabaey to include monitoring a pH of contents of the at least one electrochemical reactor using the pH monitor of Jha.
Claim 16: Rabaey in view of James and Jha discloses supplying the acid mine drainage includes pumping the acid mine drainage from the at least one catholyte reservoir to the cathode chamber (see e.g. Rabaey - [0107]).
Claim 17: Rabaey in view of James and Jha discloses supplying the buffer includes pumping the buffer from the at least one anolyte reservoir to the anode chamber (see e.g. Rabaey - [0107]).
Claim 19: Rabaey in view of James and Jha teaches that the process can be a batch process (see e.g. James - [0011]).
Claim 20: Rabaey in view of James and Jha teaches that the process can be a continuous process (see e.g. James - [0011]).
Claim 21: Rabaey in view of James and Jha teaches the controlling the electrical current supplied to the at least one electrochemical reactor includes applying the electrical current within a specified voltage (see e.g. [0018]) until a desired pH is reached (see e.g. [0005]: “Bioelectrochemical wastewater treatment can be accomplished by electrically coupling a microbial bioanode to a counter electrode (cathode) that performs a reduction reaction”; [0018]: “The anode and the cathode are connected to each other by an electrical circuit…a power supply may be included in the electrical circuit. This power supply can be used to apply a voltage on the system, which increases the rate of the electrochemical reactions taking place…This may result in a volumetric current density in the bioelectrochemical cell”; [0054]: “The cathode fluid may increase in pH by either electrochemical or bio-electrochemical reduction of electron acceptor”) for selective recovery of at least one of metals, critical elements, and water (see e.g. #45 and #46 on Fig 4; [0055]; [0092]).
Claim 22: Rabaey in view of James and Jha teaches that the monitoring the pH includes using at least one sensor to monitor the pH (see e.g. Jha - [0065]).
Claim(s) 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rabaey in view of James and Jha as applied to claim 1 above, and in further view of Fisher (US 20190382290 A1).
Claim 4: Rabaey in view of James and Jha does not explicitly teach that the metals or critical elements recovered are at least one of aluminium, arsenic, barium, chromium, copper, iron, molybdenum, selenium, lead, cobalt, magnesium, manganese, molybdenum, nickel, zinc and cadmium. Rabaey discloses that the apparatus can treat mine drainage by precipitating metal ions out of the solution (see e.g. [0054]; [0055]) but does not specify what those metals are. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to precipitate known metals from mine drainage. Fisher teaches an apparatus (see e.g. abstract) for treatment of mine drainage (see e.g. [0147]), making it analogous art (see MPEP § 2141.01(a) I). Fisher teaches that arsenic, barium, chromium, copper, selenium, lead, cobalt, magnesium, manganese, nickel, zinc and cadmium can be recovered from these waste streams (see e.g. [0183]; [0185]; [0186]; [0188]; [0189]) to produce clean water (see e.g. abstract). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to modify the apparatus of Rabaey so that the arsenic, barium, chromium, copper, selenium, lead, cobalt, magnesium, manganese, nickel, zinc and cadmium is precipitated out of the water to clean the water.
Claim 5: Rabaey in view of James and Jha does not explicitly teach that the critical elements recovered include rare earth elements and yttrium (REY). Rabaey discloses that the apparatus can treat mine drainage by precipitating metal ions out of the solution (see e.g. [0054]; [0055]) but does not specify what those metals are. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to precipitate known metals from mine drainage. Fisher teaches an apparatus (see e.g. abstract) for treatment of mine drainage (see e.g. [0147]), making it analogous art (see MPEP § 2141.01(a) I). Fisher teaches that rare earth elements and yttrium (REY) can be recovered from these waste streams (see e.g. [0185]; [0190]) to produce clean water (see e.g. abstract). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to modify the apparatus of Rabaey so that the rare earth elements and yttrium is precipitated out of the water to clean the water.
Claim 6: Rabaey in view of James and Jha does not explicitly teach that the critical elements recovered include any one or more of cerium, dysprosium, erbium, europium, gadolinium, holmium, lanthanum, lutetium, neodymium, praseodymium, terbium, thulium and ytterbium or a hydroxide, oxide, (oxy)hydroxide or sulphate thereof. Rabaey discloses that the apparatus can treat mine drainage by precipitating metal ions out of the solution (see e.g. [0054]; [0055]) but does not specify what those metals are. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to precipitate known metals from mine drainage. Fisher teaches an apparatus (see e.g. abstract) for treatment of mine drainage (see e.g. [0147]), making it analogous art (see MPEP § 2141.01(a) I). Fisher teaches that cerium, dysprosium, erbium, europium, gadolinium, holmium, lanthanum, lutetium, neodymium, praseodymium, terbium, thulium and ytterbium can be recovered from these waste streams (see e.g. [0185]; [0190]) to produce clean water (see e.g. abstract). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to modify the apparatus of Rabaey so that the cerium, dysprosium, erbium, europium, gadolinium, holmium, lanthanum, lutetium, neodymium, praseodymium, terbium, thulium and ytterbium is precipitated out of the water to clean the water.
Claim 7: Rabaey in view of James, Jha, and Fisher teaches that the rare earth elements recovered includes scandium (see e.g. Fisher – [0190]).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rabaey in view of James and Jha as applied to claim 1 above, and in further view of Morkovsky (US 5928493 A)
Claim 12: Rabaey in view of James and Jha does not explicitly teach one or more additional electrochemical reactors arranged in series for sequential recovery of different metals and/or critical elements. Morkovsky teaches the use of multiple sequential reactors (see e.g. col 5, line 64-col 6, line 2) to extract useful metals (via precipitation) (see e.g. col 13 lines 12-18). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date to modify the apparatus of Rabaey to use the additional reactors disclosed by Morkovsky in order to more efficiently recover desired metals and critical elements from a stream of mixed metal-containing acid mine drainage.
Response to Arguments
Applicant’s arguments with respect to claim 1 has 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER W KEELING whose telephone number is (571)272-9961. The examiner can normally be reached 7:30 AM - 4:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Luan Van can be reached at 571-272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER W KEELING/Primary Examiner, Art Unit 1795
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