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 .
Response to Amendment
The amendment filed on 06/24/2025 has been entered into the prosecution of the application. The correction of specification has been entered because the correction of specification filed on 06/24/2025 amounts to correcting minor formalities.
The applicant has canceled claim(s) 15, 17, 20, and 22.
The applicant has amended claims 1-13, 18, and 21.
Claim objection in the Office Action issued on 03/25/2025 for claim 13 is still outstanding because the issue is not fixed by the amendment. Please see below.
Currently, claim(s) 1-13, 18, And 21 is/are pending examination.
Claim Objections
Claim 13 is objected to because of the following informalities:
As to claim 13, “to stir the melted objected discharged” should read “to stir the melted object discharged.”
Appropriate correction is required.
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) 1-2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Antoine Allanore of US 2012/0043220 A1 (hereinafter referred to as Allanore).
As to claim 1, Allanore pertains to the instant invention because Allanore relates to extracting high-melting elements from oxide ores using electrolytic methods (Allanore, paragraphs [0003] and [0019]).
Allanore teaches to an electrolytic smelting method using an electrolytic smelting furnace, method comprising:
smelting an object in the electrolytic smelting furnace (cell 10; Allanore, paragraphs [0025]- [0035] and Fig. 1), electrolytic smelting furnace including a furnace body (furnace housing 12; Allanore, paragraph [0022]- [0023], and Fig. 1), a furnace bottom electrode at a bottom part of the furnace body (cathode 40; Allanore, paragraph [0023] and Fig. 1), and an upper electrode above the furnace bottom electrode in the furnace body (anode 50; Allanore, paragraph [0025] and Fig. 1), the upper electrode including a conductive compound with a spinel-type structure (the anode may form an oxide layer containing electronically conductive spinel; Allanore, paragraph [0055]),
Allanore does not explicitly teach electrolytic smelting V, Nb, FeV alloy and FeNb alloy.
Allanore does teach using molten oxides in a method of extracting a target element from an oxide feedstock (Allanore, paragraph [0008]), wherein species are reduced to form the target element at the cathode (Allanore, paragraph [0008]). Allanore teaches electrolytic smelting of iron from using molten oxides (Allanore, paragraphs [0020] – [0021]), but the target element is not limited to iron. Allanore teaches that, alternatively, the majority metallic element including V, Fe, Nb (Allanore, paragraph [0035]) may be the target element (Allanore, paragraph [0035]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have modified the method of using the method of Allanore to “smelt,” or in other words, electrolytically produce a product that comprises at least one of V, Nb, FeV alloy and FeNb alloy for extracting a target element from an oxide feedstock compound (Allanore, paragraph [0008]).
As to claim 2, Allanore does not explicitly teach “wherein the upper electrode contains Fe3O4”. However, Fe3O4 is an iron oxide in a type of spinel-structure. Allanore does teach that the oxide layer 63 may incorporate regions of an electronically conductive spinel (Allanore, paragraph [0047], Fig. 4), wherein Allanore teaches electrolytic smelting of iron from using molten oxides (Allanore, paragraphs [0020] – [0021]). While not inherent part of the anode substrate 54, the anode substrate 54 contains the oxide layer 63 under the broadest reasonable interpretation. Further, Allanore teaches that the anode may form an oxide layer containing regions of electronically conductive spinel during electrolysis in the cell 10 (Allanore, paragraph [0055]), wherein the upper electrode anode 50 may develop an in-situ layer of iron oxide spinel regions during iron production by electrolysis in the cell 10 (Allanore, paragraph [0056]).
Therefore, it would have been obvious to one ordinary skill in the art before the effective filing date of the instant invention to have modified the method of using the method of Allanore to ensure that the upper electrode comprise Fe3O4 because Fe3O4 is an electronically conductive spinel (Allanore, paragraph [0047]).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Antoine Allanore of US 2012/0043220 A1 (hereinafter referred to as Allanore), as applied to claim 1 above, and in further view of Robert DiMilia of US 2005/0103641 A1 (hereinafter referred to as DiMilia).
As to claim 3, Allanore does not explicitly teach “wherein the upper electrode contains Fe3O4 by 90 wt% or more and 100 wt% or less.”
DiMilia pertains to the instant invention because DiMilia relates to using a stable anode for use in electrolytic metal production (DiMilia, paragraph [0004]).
DiMilia teaches “wherein the upper electrode contains Fe3O4 by 90 wt% or more and 100 wt% or less” (at least a portion of the anode comprises at least about 95 weight percent iron oxide, wherein the iron oxide may comprise from zero to 100 weight percent magnetite; DiMilia, paragraph [0013]).
Both Allanore and DiMilia relate to electrolytic production of metals (DiMilia, paragraph [0004]). Allanore does not explicitly teach “wherein the upper electrode contains Fe3O4 by 90 wt% or more and 100 wt% or less.” Allanore does teach that the majority metallic element including iron (Allanore, paragraph [0035]) may be present in the substrate 54 at a concentration by weight of 90% or more (Allanore, paragraph [0036]), wherein Allanore teaches electrolytic smelting of iron from using molten oxides (Allanore, paragraphs [0020] – [0021]). DiMilia teaches using a stable anode as an upper electrode (DiMilia, paragraph [0001]), meaning that the anode is not sacrificial or is not consumed during the electrolytic process (DiMilia, paragraph [0003]) for greener electrolytic production (DiMilia, paragraph [0002]) and for preventing undesired contamination of metal production (DiMilia, paragraph [0002]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have modified the method of Allanore with the stable anode of DiMilia for greener electrolytic production (DiMilia, paragraph [0002]) and for preventing undesired contamination of metal production (DiMilia, paragraph [0002]), which are pertinent advantages of using molten oxides electrolysis (Allanore, paragraph [0019]).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Antoine Allanore of US 2012/0043220 A1 (hereinafter referred to as Allanore), as applied to claim 1 above, and in further view of Yada Zhu of US 2018/0081339 A1 (hereinafter referred to as Zhu).
As to claim 4, Allanore teaches to the method of claim 1, wherein the electrolytic smelting furnace further includes:
a power supply unit to apply voltage between the furnace bottom electrode and the upper electrode (power 60; Allanore, paragraph [0025], Fig. 2).
Allanore does not explicitly teach “a voltage control unit to control the voltage applied by the power supply unit, wherein the voltage control unit is configured to set a value of the voltage based on a type of the object to be smelted.” Allanore does teach adjusting voltage according to the type of feedstock oxide compound to be converted (Allanore, paragraph [0028]).
Zhu pertains to the instant invention because Zhu relates to an electrolytic smelter (Zhu, paragraph [0093] and Fig. 1). Zhu discloses a voltage control unit (the computer takes into account the various current operating variables so that the voltage in the pot is always the best for prevailing conditions; Zhu, paragraph [0040]; control mechanism 101 is a functional block of various control mechanisms, that issue variable control signals comprising a power control for voltage; power and resistance control; Zhu, paragraph [0118] and Figs. 3 and 4). One of ordinary skill in the art would have modified Allanore in view of Zhu because the voltage control unit of Zhu can provide the best voltage for prevailing conditions in electrolytic smelting furnace.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have modified the method of Allanore with the voltage control unit of Zhu for controlling the applied voltage for operating electrolytic smelting furnace.
Claim(s) 5-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Antoine Allanore of US 2012/0043220 A1 (hereinafter referred to as Allanore), and in further view of Yada Zhu of US 2018/0081339 A1 (hereinafter referred to as Zhu).
As to claim 5, Allanore pertains to the instant invention because Allanore relates to extracting high-melting elements from oxide ores using electrolytic methods (Allanore, paragraphs [0003] and [0019]).
Allanore teaches to an electrolytic smelting method using an electrolytic smelting furnace, method comprising:
smelting an object in the electrolytic smelting furnace (cell 10; Allanore, paragraphs [0025]- [0035] and Fig. 1), electrolytic smelting furnace including a furnace body (furnace housing 12; Allanore, paragraph [0022]- [0023], and Fig. 1), a furnace bottom electrode at a bottom part of the furnace body (cathode 40; Allanore, paragraph [0023] and Fig. 1), an upper electrode above the furnace bottom electrode in the furnace body (anode 50; Allanore, paragraph [0025] and Fig. 1), and a power supply unit to apply voltage between the furnace bottom electrode and the upper electrode (power 60; Allanore, paragraph [0025], Fig. 2).
Allanore does not explicitly teach electrolytic smelting V, Nb, FeV alloy and FeNb alloy.
Allanore does teach using molten oxides in a method of extracting a target element from an oxide feedstock (Allanore, paragraph [0008]), wherein species are reduced to form the target element at the cathode (Allanore, paragraph [0008]). Allanore teaches electrolytic smelting of iron from using molten oxides (Allanore, paragraphs [0020] – [0021]), but the target element is not limited to iron. Allanore teaches that, alternatively, the majority metallic element including V, Fe, Nb (Allanore, paragraph [0035]) may be the target element (Allanore, paragraph [0035]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have modified the method claim of Allanore to “smelt,” or in other words, electrolytically produce a product that comprises at least one of V, Nb, FeV alloy and FeNb alloy for extracting a target element from an oxide feedstock compound (Allanore, paragraph [0008]).
Allanore does not explicitly teach “a voltage control unit to control the voltage applied by the power supply unit, wherein the voltage control unit is configured to set a value of the voltage based on a type of the object to be smelted.” Allanore does teach adjusting voltage according to the type of feedstock oxide compound to be converted (Allanore, paragraph [0028]).
Zhu pertains to the instant invention because Zhu relates to an electrolytic smelter (Zhu, paragraph [0093] and Fig. 1). Zhu discloses a voltage control unit (the computer takes into account the various current operating variables so that the voltage in the pot is always the best for prevailing conditions; Zhu, paragraph [0040]; control mechanism 101 is a functional block of various control mechanisms, that issue variable control signals comprising a power control for voltage; power and resistance control; Zhu, paragraph [0118] and Figs. 3 and 4). One of ordinary skill in the art would have modified Allanore in view of Zhu because the voltage control unit of Zhu can provide the best voltage for prevailing conditions in electrolytic smelting furnace.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have modified the method of Allanore with the voltage control unit of Zhu for controlling the applied voltage for operating electrolytic smelting furnace.
As to claim 6, Allanore in view of Zhu teaches to the method of claim 5, wherein the smelting the object in the electrolytic smelting furnace includes:
smelting an alloy (a mixed-oxide phase such as chromite (FeCr2O4) and ilmenite (FeTiO3) as a feedstock compound; Allanore, paragraph [0021]) containing a first metal (iron) and a second metal (chromium or titanium).
Allanore does not disclose the voltage control unit setting the voltage value for the alloy, but the Office notes that this may have been obvious in view of the voltage control unit of Zhu. Allanore does teach adjusting voltage according to the type of feedstock oxide compound to be converted (Allanore, paragraph [0028]).
Zhu discloses a voltage control unit (the computer takes into account the various current operating variables so that the voltage in the pot is always the best for prevailing conditions; Zhu, paragraph [0040]; control mechanism 101 is a functional block of various control mechanisms, that issue variable control signals comprising a power control for voltage; power and resistance control; Zhu, paragraph [0118] and Figs. 3 and 4).
One of ordinary skill in the art would have modified Allanore in view of Zhu because the voltage control unit of Zhu can provide the best voltage for prevailing conditions, including the first metal and the second metal, in electrolytic smelting furnace.
Further, the Office notes that the instant claim recitation of “based on a reduction potential at which the first metal and the second metal are reduced” would have been obvious in light of the general electrolytic process because the shared goal of electrolytic processes as understood by one of ordinary skill in the art lies in electrically reducing metal ions of electrolyte at the cathode surface.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to combine the electrolytic smelting furnace of Allanore and the voltage control unit of Zhu for controlling the applied voltage for operating electrolytic smelting furnace.
As to claim 7, Allanore in view of Zhu discloses to the method of claim 6, wherein the voltage control unit (control mechanism 101 comprising a power control for voltage; power and resistance control; Zhu, paragraphs [0040], [0118], and Figs. 3 and 4) would have been capable of setting the voltage value in achieving a desired content ratio between the first metal (i.e., iron from a mixed-oxide phase such as chromite (FeCr2O4) and ilmenite (FeTiO3); Allanore, paragraph [0021]) and the second metal (chromium or titanium from a mixed-oxide phase such as chromite (FeCr2O4) and ilmenite (FeTiO3); Allanore, paragraph [0021]).
Allanore in view of Zhu does not explicitly teach a voltage control unit setting up the value of the voltage in achieving a desired content ratio between the first metal and the second metal. However, a direct production of an alloy of desired composition using electrolysis of molten oxides is a known method as taught by Allanore in view of Zhu.
Allanore in view of Zhu teaches smelting an alloy (ferroalloys, which can be used for steel applications; Allanore, paragraph [0021]) with a direct production of an alloy of desired composition; Allanore, paragraph [0028]). Allanore in view of Zhu does teach various control mechanisms 101 (power and resistance control; Zhu, paragraphs [0118], [0139] and Figs. 3 and 4) capable of controlling voltages and teaches that most electrolysis problems are really stoichiometry problems with the addition of an amount of electric current (Zhu, paragraph [0044]). One of ordinary skill in the art would have modified Allanore in view of Zhu for improving process control and energy efficiency (Zhu, paragraph [0089]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to combine the electrolytic smelting furnace of Allanore and the voltage control unit of Zhu for controlling the applied voltage for operating electrolytic smelting furnace.
As to claim 8, Allanore in view of Zhu teaches a loading control unit (alumina feed control and chemical combination control; Zhu, paragraph [0139] and Figs. 3 and 4).
Allanore in view of Zhu discloses that the control mechanism 101 has a feed control for feeding the alumina raw material and chemical control for formation of various alloys, such as sodium, silicon, and iron (Zhu, paragraph [0139]). The first metal may be aluminum, and the second metal may be one of the various alloys, including sodium, silicon, or iron, as disclosed by Zhu. Allanore in view of Zhu discloses that the loading control unit sets a desired loading ratio to be achieved (the control of bath composition is an important operation; Zhu, paragraph [0012]; the weight ratio of sodium fluoride and aluminum fluoride in cryolite is 1:1.5; the excess aluminum fluoride in the electrolyte is adjusted to yield a sodium fluoride/aluminum fluoride ratio in the 1:1.4 range by weight; Zhu, paragraph [0013]).
Controlling the bath composition is an important step in electrolytic smelting as acknowledged by Zhu, and one of ordinary skill in the art would have modified Allanore in view of Zhu for controlling bath compositions to achieve efficient electrolytic smelting (lowering the melting point of the bath; Zhu, paragraph [0013]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to combine the electrolytic smelting furnace of Allanore and the loading control unit of Zhu for setting the loading ratio for controlling bath compositions.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Antoine Allanore of US 2012/0043220 A1 (hereinafter referred to as Allanore), as applied to claim 1 above, and in further view of Jia Wencheng of CN 103484898 A (hereinafter referred to as Wencheng) and William Bleloch of US 3,615,349 (hereinafter referred to as Bleloch).
As to claim 9, Allanore teaches to the method of claim 1, wherein the electrolytic smelting furnace further includes:
a heating unit to heat and melt the object to be smelted (the molten oxide electrolysis of Allanore requires melting the feedstock compounds for the electrolytic production of metals, requiring a heating and Allanore teaches resistive heating through DC or AC current passing through the electrolyte 30 using anode rods 58 and cathodic metallic current collector bars 18; Allanore, paragraph [0057]).
Allanore does not explicitly teach “moving the upper electrode to a position where the upper electrode is not immersed in the electrolytic solution using the moving mechanism”,
and “heating the smelted object using the heating unit while the upper electrode is not immersed in the electrolytic solution.”
Jia pertains to the instant invention because Jia relates to an electrolytic smelting furnace (Jia, paragraph [0004]).
Ji teaches to a moving mechanism (an electrode lifting system; Jia, paragraphs [0032], [0040] and Fig. 1) to move the upper electrode, wherein the electrolytic smelting method further comprises:
storing an electrolytic solution in the furnace body (molten pool 5; Jia, Fig. 1).
Jia teaches to “moving the upper electrode to a position where the upper electrode is not immersed in the electrolytic solution using the moving mechanism” because Jia teaches to raising the electrode height to above the upper edge of the electrolytic molten pool (Jia, paragraph [0018]). The electrode lifting system of Jia would have been capable of lifting the upper electrode out of the molten pool 5 (Jia, Fig. 5) based on the teaching that the lifting system of Jia is capable of inserting the upper electrode to be immersed in electrolyte solution of molten pool. Jia teaches that the upper electrode is inserted into the furnace from above the top of the furnace cover (Jia, paragraph [0050]) to be immersed in electrolyte solution to operate electrolysis (Jia, paragraph [0050]) for batch production (Jia, paragraph [0050]) of electrolytic smelting (Jia, paragraph [0002]).
Both Allanore and Jia relate to electrolytic production of metal (i.e., electrolytic smelting) (Jia, paragraph [0002]). Allanore does not explicitly teach “moving the upper electrode to a position where the upper electrode is not immersed in the electrolytic solution using the moving mechanism”. Allanore does teach the upper electrode. Jia teaches an electrode lifting system (Jia, paragraphs [0032], [0040] and Fig. 1) that would have been capable of moving the upper electrode to a position where the upper electrode is not immersed in the electrolytic solution using the moving mechanism (Jia, paragraph [0018]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have modified the method of Allanore with the electrode lifting system of Jia for inserting in and out of the electrolyte solution in electrolytic operation of producing metals.
Allanore in view of Jia does not explicitly teach “heating the smelted object using the heating unit while the upper electrode is not immersed in the electrolytic solution.”
Bleloch pertains to the instant invention because Bleloch relates to electrolytic production of metals (Bleloch, col. 1, ln. 36-38) in regards to ferroalloys, such as ferrovanadium (Bleloch, col. 1, ln. 29-32).
Bleloch teaches to heating the molten ferroalloys, including ferrovanadium, using the heating unit while the upper electrode is not immersed in the electrolytic solution (Bleloch, Fig. 1)
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Fig. 1 of Bleloch
Both Allanore in view of Jia and Bleloch relate to electrolytic production of metals (Bleloch, col. 1, ln. 36-38). Allanore in view of Jia does not explicitly teach heating a material while an upper electrode is not immersed in an electrolytic solution. Allanore in view of Jia does teach electrolytic smelting for metals, including Fe, V, and Nb (Allanore, paragraph [0035]). Bleloch teaches removing impurities, such as carbon, from ferroalloys (Bleloch, col. 1, ln. 53-54).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have modified the method of Allanore in view of Jia with the plasma jet of Bleloch for removing impurities (Bleloch, col. 1, ln. 53-54).
Allanore in view of Jia and Bleloch does not explicitly teach “heating the smelted object.”
Allanore in view of Jia and Bleloch does teach electrolytically smelting refining metals. Allanore in view of Jia and Bleloch teach heating molten bath of ferroalloys (Bleloch, col. 1, ln. 62-73), wherein Bleloch teaches removing impurities, such as carbon, from already prepared iron alloys. For this reason, it would have been obvious for one of ordinary skill in the art before the effective filing date of the instant invention to have modified the method of Allanore in view of Jia with the method of Bleloch for heating the smelted object because the smelted object of Allanore in view of Jia could be further processed by the method of Bleloch to provide improved ferroalloys.
Claim(s) 10-11 and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Antoine Allanore of US 2012/0043220 A1 (hereinafter referred to as Allanore) and in view of Jia Wencheng of CN 103484898 A (hereinafter referred to as Wencheng) and William Bleloch of US 3,615,349 (hereinafter referred to as Bleloch).
As to claim 10, Allanore teaches to an electrolytic smelting method using an electrolytic smelting furnace, the method comprising:
smelting an object in the electrolytic smelting furnace (cell 10; Allanore, paragraphs [0025]- [0035] and Fig. 1), the electrolytic smelting furnace including a furnace body in which an electrolytic solution is stored (furnace housing 12; Allanore, paragraph [0022]- [0023], and Fig. 1), a furnace bottom electrode at a bottom part of the furnace body (cathode 40; Allanore, paragraph [0023] and Fig. 1), an upper electrode above the furnace bottom electrode in the furnace body (anode 50; Allanore, paragraph [0025] and Fig. 1).
Allanore does not explicitly teach the following:
1) “a heating unit to heat and melt a smelted object, and a moving mechanism configured to move the upper electrode:
to a first position whereat at least part of the upper electrode is immersed in the electrolytic solution during smelting of the object, and
to a second position whereat no part of the upper electrode is immersed in the electrolytic solution after the smelting has stopped and a smelted object has been obtained” and
2) “heating the smelted object using the heating unit, after the moving mechanism has placed the upper electrode at the second position where the upper electrode is not immersed in the electrolytic solution.”
As to 1) above, Jia pertains to the instant invention because Jia relates to an electrolytic smelting furnace (Jia, paragraph [0004]).
Ji teaches to a moving mechanism (an electrode lifting system; Jia, paragraphs [0032], [0040] and Fig. 1) to move the upper electrode, wherein the electrolytic smelting method further comprises:
storing an electrolytic solution in the furnace body (molten pool 5; Jia, Fig. 1).
Jia teaches to “moving the upper electrode to a position where the upper electrode is not immersed in the electrolytic solution using the moving mechanism” because Jia teaches to raising the electrode height to above the upper edge of the electrolytic molten pool (Jia, paragraph [0018]). The electrode lifting system of Jia would have been capable of lifting the upper electrode out of the molten pool 5 (Jia, Fig. 5) based on the teaching that the lifting system of Jia is capable of inserting the upper electrode to be immersed in electrolyte solution of molten pool. Jia teaches that the upper electrode is inserted into the furnace from above the top of the furnace cover (Jia, paragraph [0050]) to be immersed in electrolyte solution to operate electrolysis (Jia, paragraph [0050]) for batch production (Jia, paragraph [0050]) of electrolytic smelting (Jia, paragraph [0002]).
Both Allanore and Jia relate to electrolytic production of metal (i.e., electrolytic smelting) (Jia, paragraph [0002]). Allanore does not explicitly teach “moving the upper electrode to a position where the upper electrode is not immersed in the electrolytic solution using the moving mechanism”. Allanore does teach the upper electrode. Jia teaches an electrode lifting system (Jia, paragraphs [0032], [0040] and Fig. 1) that would have been capable of moving the upper electrode to a position where the upper electrode is not immersed in the electrolytic solution using the moving mechanism (Jia, paragraph [0018]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have modified the method of Allanore with the electrode lifting system of Jia for inserting in and out of the electrolyte solution in electrolytic operation of producing metals.
In regards to 2) above, Bleloch pertains to the instant invention because Bleloch relates to electrolytic production of metals (Bleloch, col. 1, ln. 36-38) in regards to ferroalloys, such as ferrovanadium (Bleloch, col. 1, ln. 29-32).
Bleloch teaches to heating the molten ferroalloys, including ferrovanadium, using the heating unit while the upper electrode is not immersed in the electrolytic solution (Bleloch, Fig. 1)
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Fig. 1 of Bleloch
Both Allanore in view of Jia and Bleloch relate to electrolytic production of metals (Bleloch, col. 1, ln. 36-38). Allanore in view of Jia does not explicitly teach heating a material while an upper electrode is not immersed in an electrolytic solution. Allanore in view of Jia does teach electrolytic smelting for metals, including Fe, V, and Nb (Allanore, paragraph [0035]). Bleloch teaches removing impurities, such as carbon, from ferroalloys (Bleloch, col. 1, ln. 53-54).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have modified the method of Allanore in view of Jia with the plasma jet of Bleloch for removing impurities (Bleloch, col. 1, ln. 53-54).
Allanore in view of Jia and Bleloch does not explicitly teach “heating the smelted object.”
Allanore in view of Jia and Bleloch does teach electrolytically smelting refining metals. Allanore in view of Jia and Bleloch teach heating molten bath of ferroalloys (Bleloch, col. 1, ln. 62-73), wherein Bleloch teaches removing impurities, such as carbon, from already prepared iron alloys. For this reason, it would have been obvious for one of ordinary skill in the art before the effective filing date of the instant invention to have modified the method of Allanore in view of Jia with the method of Bleloch for heating the smelted object because the smelted object of Allanore in view of Jia could be further processed by the method of Bleloch to provide improved ferroalloys.
As to claim 11, Allanore in view of Jia and Bleloch teaches to the method of claim 10, wherein the heating unit is on the upper electrode (plasma arc tube 6; Bleloch, Fig. 1).
As to claim 21, Allanore in view of Jia and Bleloch teaches to the method of claim 10, wherein the object to be smelted comprises at least one of V, Nb, FeV alloy, and FeNb alloy (Allanore, paragraphs [0035]-[0036]).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Antoine Allanore of US 2012/0043220 A1 (hereinafter referred to as Allanore) and in view of Jia Wencheng of CN 103484898 A (hereinafter referred to as Wencheng) and William Bleloch of US 3,615,349 (hereinafter referred to as Bleloch), as applied to claims 10 and 11 above, and in further view of Christophe Girold of US 2009/0261081 A1 (hereinafter referred to as Girold).
As to claim 12, Allanore in view of Jia and Bleloch does not explicitly teach an inner peripheral side of a through-hole formed in the upper electrode, and a plasma torch electrode on an inner peripheral side of the torch body.
Girold pertains to the instant invention because Girold pertains to plasma torch (Girold, paragraph [0005]) and steel industry (Girold, paragraph [0011]).
Girold teaches a torch body with a tubular shape on an inner peripheral side of a through-hole formed in the upper electrode, and a plasma torch electrode on an inner peripheral side of the torch body (Girold, Fig. 1).
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Both Allanore in view of Jia and Bleloch and Girold relate to plasma torch (Girold, paragraph [0005]). , Allanore in view of Jia and Bleloch does not explicitly teach an inner peripheral side of a through-hole formed in the upper electrode, and a plasma torch electrode on an inner peripheral side of the torch body. Allanore in view of Jia and Bleloch does teach a plasma torch (plasma torch 3; Bleloch, Fig. 1) with a tubular shape. Girold teaches a torch body with a tubular shape on an inner peripheral side of a through-hole formed in the upper electrode, and a plasma torch electrode on an inner peripheral side of the torch body (Girold, Fig. 1), such that neutral gas 80 in the sheath may pass for plasma ejection (Girold, paragraph [0005])
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have modified the method of Allanore in view of Jia and Bleloch with the plasma torch of Girold for ejecting plasma for heating.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Antoine Allanore of US 2012/0043220 A1 (hereinafter referred to as Allanore) and in view of Jia Wencheng of CN 103484898 A (hereinafter referred to as Wencheng) and Bleloch as applied to claim 10 above, and in further view of Zili Hu of CN 2357815 Y (hereinafter referred to as Hu).
As to claim 13, Allanore in view of Jia and Bleloch teaches to the method of claim 10, wherein the electrolytic smelting furnace further includes a discharge channel formed at a bottom part (discharge ports 6,7; Jia, paragraph [0036] and Fig. 1) of the furnace body and discharging the object melted by the heating unit.
Allanore in view of Jia and Bleloch does not explicitly teach a stirring unit that stirs the dissolved electrolyte.
Hu pertains to the instant invention because Hu relates to stirring electrolyte in an electrolytic cell (Hu, paragraph [0001]). Hu teaches, for the purpose of achieving uniform and constant speed stirring (Hu, paragraph [0002]), an electromagnetic stirrer within an electrolytic cell (the magnetic rod 14 of the electrolytic cell; Hu, paragraph [0007] and Fig. 1). One of ordinary skill in the art would have modified the method of Allanore in view of Jia with the stirring unit of Hu for maintaining a uniform electrolyte solution (the mixed oxide liquid electrolyte 30; Allanore, paragraph [0052]) in an electrolytic cell.
Both Allanore in view of Jia and Bleloch and Hu relate to electrolytic cell (Hu, paragraph [0001]). Allanore in view of Jia and Bleloch does not explicitly teach a stirring unit. Allanore in view of Jia and Bleloch does teach a discharge channel (discharge ports 6,7; Jia, paragraph [0036] and Fig. 1). Allanore in view of Jia and Bleloch does teach stirring molten metal bath thermally (Bleloch, col. 2, ln. 35; col. 3, ln. 65-71; col. 4, 19). Hu teaches an electromagnetic stirrer within an electrolytic cell (the magnetic rod 14 of the electrolytic cell; Hu, paragraph [0007] and Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to combine the electrolytic smelting furnace of Allanore in view of Jia and the stirring unit of Hu for maintaining mixed electrolyte components (Hu, paragraph [0002]).
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Antoine Allanore of US 2012/0043220 A1 (hereinafter referred to as Allanore) in view of Yada Zhu of US 2018/0081339 A1 (hereinafter referred to as Zhu) as applied to claim 5 above, and in further view of Wencheng Jia of CN 103484898 A (hereinafter referred to as Jia) and William Bleloch of US 3,615,349 (hereinafter referred to as Bleloch).
As to claim 18, Allanore in view of Zhu teaches to the method of claim 5, wherein the electrolytic smelting furnace further includes:
a heating unit to heat and melt the object to be smelted (the molten oxide electrolysis of Allanore requires melting the feedstock compounds for the electrolytic production of metals, requiring a heating and Allanore teaches resistive heating through DC or AC current passing through the electrolyte 30 using anode rods 58 and cathodic metallic current collector bars 18; Allanore, paragraph [0057]).
Allanore in view of Zhu does not explicitly teach a moving mechanism to move the upper electrode,
wherein the electrolytic smelting method further comprises:
storing an electrolytic solution in the furnace body, and a moving mechanism.
Ji teaches to a moving mechanism (an electrode lifting system; Jia, paragraphs [0032], [0040] and Fig. 1) to move the upper electrode, wherein the electrolytic smelting method further comprises:
storing an electrolytic solution in the furnace body (molten pool 5; Jia, Fig. 1).
Jia teaches to “moving the upper electrode to a position where the upper electrode is not immersed in the electrolytic solution using the moving mechanism” because Jia teaches to raising the electrode height to above the upper edge of the electrolytic molten pool (Jia, paragraph [0018]). The electrode lifting system of Jia would have been capable of lifting the upper electrode out of the molten pool 5 (Jia, Fig. 5) based on the teaching that the lifting system of Jia is capable of inserting the upper electrode to be immersed in electrolyte solution of molten pool. Jia teaches that the upper electrode is inserted into the furnace from above the top of the furnace cover (Jia, paragraph [0050]) to be immersed in electrolyte solution to operate electrolysis (Jia, paragraph [0050]) for batch production (Jia, paragraph [0050]) of electrolytic smelting (Jia, paragraph [0002]).
Both Allanore in view of Zhu and Jia relate to electrolytic production of metal (i.e., electrolytic smelting) (Jia, paragraph [0002]). Allanore in view of Zhu does not explicitly teach “moving the upper electrode to a position where the upper electrode is not immersed in the electrolytic solution using the moving mechanism”. Allanore in view of Zhu does teach the upper electrode. Jia teaches an electrode lifting system (Jia, paragraphs [0032], [0040] and Fig. 1) that would have been capable of moving the upper electrode to a position where the upper electrode is not immersed in the electrolytic solution using the moving mechanism (Jia, paragraph [0018]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have modified the method of Allanore with the electrode lifting system of Jia for inserting in and out of the electrolyte solution in electrolytic operation of producing metals.
Response to Arguments
Applicant’s arguments, see page 9 of 11, filed 06/24/2025, with respect to the rejection(s) of claim(s) 1 under 35 U.S.C. 102(a)(1), claims 5 and 10 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made:
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Antoine Allanore of US 2012/0043220 A1 (hereinafter referred to as Allanore).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Antoine Allanore of US 2012/0043220 A1 (hereinafter referred to as Allanore), and in further view of Yada Zhu of US 2018/0081339 A1 (hereinafter referred to as Zhu).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Antoine Allanore of US 2012/0043220 A1 (hereinafter referred to as Allanore) in view of Jia Wencheng of CN 103484898 A (hereinafter referred to as Wencheng) and William Bleloch of US 3,615,349 (hereinafter referred to as Bleloch).
Please refer to the rejection above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/JOHN LEE/Examiner, Art Unit 1794
/JAMES LIN/Supervisory Patent Examiner, Art Unit 1794