DETAILED ACTIONNotice 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 December 19, 2025 has been made of record and entered.
Claim 13 has been amended.
Claim 24 has been added.
Claims 1-12 have been withdrawn as per the non-final office action dated July 29, 2025.
Claims 1-22 and 24 are currently pending in this application and under consideration.
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.
Claims 13-21 and 24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bernardi et al. (WO 2012/163791 A1).
With regard to Claim 13, Bernardi teaches a system for treating a lithium solution comprising an ion exchange resin (Paragraph 0015, the invention relates to a method for producing a lithium chloride solution from a lithiated brine, characterized in that the separation of the lithium chloride from the other components of the lithiated brine is carried out by means of an ion exchange resin arranged in at least one column).
Bernardi teaches the ion exchange resin having a loading configuration with a feed input and a raffinate output; an elution configuration with an eluent input and an eluate output; a counterion form in the loading configuration; and, a lithium ion form in the elution configuration (Claims 1-5; Figs. 1-6, Paragraphs 0053-0055, The six columns 1, 2, 3, 4, 5, 6 are connected in series and are each equipped with five valves and pipes on which the valves are arranged:- two inlet valves, one for the supply of lithiated brine, the other for the supply of eluent; - two outlet valves, one used for extract recovery, the other for raffinate recovery; - and a valve controlling the connection of the column with the next column; also see Table 1 of original French document).
Bernardi teaches the system being configured to receive a feed stream comprising lithium ions and anions added to the resin through the feed input (Figs. 1-6; Paragraph 0058, the lithiated brine, containing in particular Li, Mg, SO4 and B, is introduced from a reservoir 13).
Bernardi teaches expelling a raffinate stream comprising monovalent cations other than Li from the ion exchange resin and the anions from the feed stream, from the resin through the raffinate output (Paragraph 0080, It is therefore possible to extract from the third zone, in this case in the lower part of the third column 3, a brine which has been stripped of most of its initial Li content and which now contains only a fraction of its initial Mg, SO4 and B contents. A part of this brine purified in Li and rich in Mg is extracted from the circuit by a pipe 23; see Fig. 5 for reference).
Bernardi teaches receiving an eluent stream comprising the monovalent cations and anions,
added to the resin through the eluent input (Figs. 1-6; Paragraph 0066, a volume of eluent is injected from reservoir 15 at the start of zone 1; also see Table 1 of original French document, Saumure d’élution (saumure sodée)).
Bernardi teaches providing an eluate stream comprising the lithium ions of the resin and the anions of the eluent stream, eluted from the resin through the eluate output (Paragraph 0080, an identical volume of extract is recovered at the outlet of zone 1 (bottom of column 5) via a pipe 24; see Fig. 5 for reference).
With regard to Claim 14, Bernardi teaches the system wherein when the feed stream is added to the ion exchange resin in the loading configuration, the raffinate stream is expelled and the ion exchange resin is converted to the elution configuration (Claims 1-5; Figs. 1-6, Paragraphs 0053-0055, The six columns 1, 2, 3, 4, 5, 6 are connected in series and are each equipped with five valves and pipes on which the valves are arranged:- two inlet valves, one for the supply of lithiated brine, the other for the supply of eluent; - two outlet valves, one used for extract recovery, the other for raffinate recovery; - and a valve controlling the connection of the column with the next column; also see Table 1 of original French document).
With regard to Claim 15, Bernardi teaches the system wherein when the eluent stream
is added to the ion exchange resin in the elution configuration, the eluate stream is eluted and the ion exchange resin is converted to the loading configuration (Claims 1-5; Figs. 1-6, Paragraphs 0053-0055, The six columns 1, 2, 3, 4, 5, 6 are connected in series and are each equipped with five valves and pipes on which the valves are arranged:- two inlet valves, one for the supply of lithiated brine, the other for the supply of eluent; - two outlet valves, one used for extract recovery, the other for raffinate recovery; - and a valve controlling the connection of the column with the next column; also see Table 1 of original French document).
With regard to Claims 16 and 17, Bernardi teaches the system wherein the ion exchange resin is arranged in a column, and wherein two or more columns are arranged in series (Claims 1 and 3; Paragraph 0047, The brine exiting from the lower part of one column is injected into the upper part of the next column, and the columns are thus connected in series to form a loop, the lower part of the last column being connected to the upper part of the first column).
With regard to Claim 18, Bernardi teaches the system wherein the columns arranged in
series are arranged in a continuous loop in a simulated moving bed process (SMB) (Claims 1 and 2; Paragraph 0040, The separation can be carried out in a simulated moving bed (SMB process, simulating moving bed), and preferably according to the simulated sequential moving bed (SSMB process, simulated sequential moving bed) process).
With regard to Claim 19, Bernardi teaches the system wherein the ion exchange resin is a strong acid cation exchange resin (Claim 7; Paragraph 0043, Preferably, a strongly acidic cationic resin containing at least sulfonic groups and having a precise particle size of between 200 and 800 μm is used so that the Li atoms can be accommodated between the grains as exclusively as possible).
With regard to Claim 20, Bernardi teaches the system wherein the ion exchange resin in
the loading configuration is in a Na+ or K+ form (Table 1 of original French document; Paragraph 0007, a brine, that is to say water saturated with NaCl (approximately 250 g/l) which also contains lithium (0.3 to 1.5 g/l), potassium (at a rate of approximately 30 g/l of KCI), magnesium, calcium, and sulfates).
With regard to Claim 21, Bernardi is silent to the eluent stream comprising sodium hydroxide (NaOH), sodium bicarbonate (NaHCO3) or a mix of NaHCO3 and sodium carbonate (Na2CO3), instead teaching the eluent stream comprising sodium chloride (NaCl) (Fig. 1-6, Paragraph 0107, The elution brine at 300 g/l NaCl passes through the columns).
However, as set forth in MPEP 2114.II., a claim containing a "recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
With regard to Claim 24, Bernardi teaches the system wherein the feed stream further comprises at least one of silica, chloride, boron and sulfate (Figs. 1-6; Paragraph 0058, the lithiated brine, containing in particular Li, Mg, SO4 and B, is introduced from a reservoir 13).
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 22 is rejected under 35 U.S.C. 103 as being unpatentable over Bernardi et al. (WO 2012/163791 A1) as applied to claims 13-21 and 24 above, and further in view of Snydacker et al. (US 2019/0256987 A1).
With regard to Claim 22, Bernardi is silent to the system further comprising a crystallization stage, optionally including a precipitation stage using direct steam or boiling by indirect heat.
Snydacker teaches a crystallization stage following ion exchange treatment, optionally including a precipitation stage using direct steam or boiling by indirect heat (Figs. 9-12; Claim 202, optionally providing a first crystallizer to treat said lithium eluate of step (c) with a precipitant to precipitate said lithium salt and create a residual eluate; Paragraph 0236, a lithium salt solution is concentrated using evaporation. The lithium stream may be heated to a temperature less than its boiling point or to its boiling point to produce steam). Snydacker notes that obtained lithium compounds have applications in various fields, including batteries (Paragraph 0003, The concentrated lithium ion solution can be further processed into chemicals for the battery industry or other industries).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for Bernardi to teach a crystallization stage following ion exchange treatment, optionally including a precipitation stage using direct steam or boiling by indirect heat, as taught in Snydacker, as obtained lithium compounds have applications in various fields, including batteries.
Response to Arguments
Applicant's arguments filed December 19, 2025, with respect to the rejections of claims 13-21 under 35 U.S.C. 102 in view of Bernardi et al. (WO 2012/163791 A1) and of claim 22 under 35 U.S.C. 103 over Bernardi et al. (WO 2012/163791 A1) in view of Snydacker et al. (US 2019/0256987 A1) have been fully considered but they are not persuasive. Furthermore, new grounds of rejection are made under 35 U.S.C. 102 over claim 24 in view of Bernardi et al. (WO 2012/163791 A1).
Regarding the rejections of Claims 13-21 in view of Bernardi, in page 8 of Applicant’s arguments, Applicant argues that Bernardi “does not teach a system configured to convert a resin from a counterion form to a lithium form and then back to a counterion form by elution of the lithium ions while recharging the resin, simultaneously”. The Examiner maintains that Bernardi teaches the system as claimed in the amended Claim 13, in addition to the system wherein the ion exchange resin is converted to the elution and loading configurations, as claimed in Claims 14 and 15 (see Claims 13-15 rejections). Furthermore, it is noted that the feature of “recharging the resin, simultaneously” is not recited in the rejected claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Regarding the rejection of Claim 22 over Bernardi in view of Snydacker, in page 8 of Applicant’s arguments, Applicant argues that “Snydacker would not remedy these deficiencies [of Bernardi], nor would there be any motivation or expectation of success for a skilled person in the art to combine these references”. The Examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Snydacker teaches a crystallization stage following ion exchange treatment, optionally including a precipitation stage using direct steam or boiling by indirect heat, which Bernardi is silent to (see Claim 22 rejection). Furthermore, the Examiner notes that Snydacker is used as a secondary reference to overcome the deficiencies of Bernardi with regard to Claim 22 alone. As explained above, the Examiner maintains that Bernardi meets the limitations of the system of Claim 13, as claimed.
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.
Conclusion
Claims 1-22 and 24 are pending. Claims 13-22 and 24 are rejected. Claims 1-12 are withdrawn. No claims are allowed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDUL-RAHMAN YUSUF WALEED SMARI whose telephone number is (571)270-7302. The examiner can normally be reached M-Th 7:30-5, F 7:30-4.
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/ABDUL-RAHMAN YUSUF WALEED SMARI/Examiner, Art Unit 1736 March 6, 2026
/Cam N. Nguyen/Primary Examiner, Art Unit 1736 March 06, 2026