DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. Applicant’s election without traverse of Group 2, claims 8-16 in the reply filed on 6/17/2025 is acknowledged. Claims 1-7 and 17-20 are withdrawn.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 2/22/2023 was filed timely. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 102
4. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
5. 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.
6. Claims 8-10 and 14-15 are rejected under 35 U.S.C. 102(a)(1) and rejected under 35 U.S.C. 102(a)(2) as being anticipated by (US 2010/0200465 A1) to Dana et al. (hereinafter Dana).
Dana is directed toward sequestration of mining wastes. Dana discloses at paragraph [0007] that a constructed infrastructure defines a substantially encapsulated infrastructure. Dana discloses at paragraph [0042] that the infrastructure is a combination of permeable (first) and impermeable (second) walls and layers. Dana discloses at paragraph [0044] that the confinement can include collection layers that can include calcium salts for sorbing metals. Dana discloses at paragraph [0043] that the layers may include clay. Dana discloses at paragraph [0053] that magnesium oxide, calcium silicates and silicates are present that are capable of sorbing metals. Dana discloses at paragraph [0077] that mineral tailing may be present tailings may be the berms, walls or floors of the structure and that the cap and/or floor may be an impermeable layer. Dana discloses at paragraph [0080] that the mined rubble (tailings) can be placed in layers for recovery of materials from the mined materials. Dana discloses each and every element of claims 8-10 and 14-15.
Claim Rejections - 35 USC § 103
7. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
8. 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.
9. Claims 8-10 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over (US 2010/0200465 A1) to Dana et al. (hereinafter Dana).
Dana is directed toward sequestration of mining wastes. Dana discloses at paragraph [0007] that a constructed infrastructure defines a substantially encapsulated infrastructure. Dana discloses at paragraph [0042] that the infrastructure is a combination of permeable (first) and impermeable (second) walls and layers. Dana discloses at paragraph [0044] that the confinement can include collection layers that can include calcium salts for sorbing metals. Dana discloses at paragraph [0043] that the layers may include clay. Dana discloses at paragraph [0053] that magnesium oxide, calcium silicates and silicates are present that are capable of sorbing metals. Dana discloses at paragraph [0077] that mineral tailing may be present tailings may be the berms, walls or floors of the structure and that the cap and/or floor may be an impermeable layer. Dana discloses at paragraph [0080] that the mined rubble (tailings) can be placed in layers for recovery of materials from the mined materials.
It would be obvious to one skilled in the art at the time of the filing of the disclosure of Dana to select each and every element of claims to form a prime facie case of obviousness for claims 8-10 and 14-15.
10. Claims 8-10 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over (US 2014/0209512 A1) to Alverez et al. (hereinafter Alverez) and/or (US 2010/0200465 A1) to Dana et al. (hereinafter Dana).
Dana is directed toward sequestration of mining wastes. Dana discloses at paragraph [0007] that a constructed infrastructure defines a substantially encapsulated infrastructure. Dana discloses at paragraph [0042] that the infrastructure is a combination of permeable (first) and impermeable (second) walls and layers. Dana discloses at paragraph [0044] that the confinement can include collection layers that can include calcium salts for sorbing metals. Dana discloses at paragraph [0043] that the layers may include clay. Dana discloses at paragraph [0053] that magnesium oxide, calcium silicates and silicates are present that are capable of sorbing metals. Dana discloses at paragraph [0077] that mineral tailing may be present tailings may be the berms, walls or floors of the structure and that the cap and/or floor may be an impermeable layer. Dana discloses at paragraph [0080] that the mined rubble (tailings) can be placed in layers for recovery of materials from the mined materials.
Alverez is directed toward sequestration of mining wastes. Dana and/or Alverez directed toward sequestration of mining wastes. Alverez discloses at paragraph [0038] that the tailing may be placed in a tailings cell at the bottom or on cap of a tailings deposit. Alverez discloses at paragraph [0043] that the tailing may be with a layer of clay. Alverez discloses at paragraph [0044] that an impermeable layer is present for containing tailings. Alverez discloses at paragraph [0069] that additives includes magnesium oxide and calcium carbonate as agglomeration (sorbing agents).
It would be obvious to one skilled in the art at the time of the filing of the disclosure of Dana in view Alverez to select each and every element of claims to form a prime facie case of obviousness for claims 8-10 and 14-15.
11. Claims 8-10 and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over (US 2014/0209512 A1) to Alverez et al. (hereinafter Alverez) and/or (US 2010/0200465 A1) to Dana et al. (hereinafter Dana) in view of the teachings of (US 5,090,843) to Grisby (hereinafter Grisby).
Dana is directed toward sequestration of mining wastes. Dana discloses at paragraph [0007] that a constructed infrastructure defines a substantially encapsulated infrastructure. Dana discloses at paragraph [0042] that the infrastructure is a combination of permeable (first) and impermeable (second) walls and layers. Dana discloses at paragraph [0044] that the confinement can include collection layers that can include calcium salts for sorbing metals. Dana discloses at paragraph [0043] that the layers may include clay. Dana discloses at paragraph [0053] that magnesium oxide, calcium silicates and silicates are present that are capable of sorbing metals. Dana discloses at paragraph [0077] that mineral tailing may be present tailings may be the berms, walls or floors of the structure and that the cap and/or floor may be an impermeable layer. Dana discloses at paragraph [0080] that the mined rubble (tailings) can be placed in layers for recovery of materials from the mined materials.
Alverez is directed toward sequestration of mining wastes. Dana and/or Alverez are both directed toward sequestration of mining wastes and therefore analogous art. Alverez discloses at paragraph [0038] that the tailing may be placed in a tailings cell at the bottom or on cap of a tailings deposit. Alverez discloses at paragraph [0043] that the tailing may be with a layer of clay. Alverez discloses at paragraph [0044] that an impermeable layer is present for containing tailings. Alverez discloses at paragraph [0069] that additives includes magnesium oxide and calcium carbonate as agglomeration (sorbing agents).
Grisby is directed toward sequestration of mining wastes. Dana and/or Alverez and Grisby are both directed toward sequestration of mining wastes and thus analogous art. Grisby teaches at (C1, L10) is a first top layer, such as soil with vegetation. Grisby teaches at (C1, L27) is an impermeable layer to prevent water intrusion containing clay or other water impermeable materials. Grisby teaches at (C1, L11) is a cover for mining tailings. Grisby teaches at (C1, L58) is a cover for uranium tailings. Grisby teaches at (C2, L65) is a layer for sorbing metals of uranium of calcium carbonate, silicates and magnesium.
It would be obvious to one skilled in the art at the time of the filing of the disclosure of Dana in view Alverez and Grisby to select each and every element of claims to form a prime facie case of obviousness for claims 8-10 and 13-15.
Allowable Subject Matter
12. Claims 11-12 and 16 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.
13. The following is a statement of reasons for the indication of allowable subject matter: The tailings capping systems do not teach a sorbing material having the claimed physical properties or sorbing coefficient of at least 10.
Conclusion
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY D WASHVILLE whose telephone number is (571)270-3262. The examiner can normally be reached M-F 9-5.
15. 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.
16. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached at 571-272-1302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY D WASHVILLE/Primary Examiner, Art Unit 1766