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 03/23/2026 has been entered. Claim(s) 1-18 is/are pending in this application and examined herein. Claim(s) 1-6, 8-11, and 15 is/are amended. Claim(s) 19-26 is/are cancelled.
The rejection(s) under 35 USC 112(a) of claim(s) 1 and 15 is/are withdrawn in view of the amendments to claim(s) 1 and 15.
The rejection(s) under 35 USC 112(b) of claim(s) 1 at items #17-21, #23-27, #31-34, and #36-37 of the Final Rejection dated 12/23/2025, of claim 2 at item #39 of the Final Rejection, of claims 5, 6, 8, 9, 10 at item #48 of the Final Rejection, and of claim 15 is/are withdrawn in view of the amendments to claim(s) 1, 2, 5-6, 8-9, and 15.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/18/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 13 and 15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 13 recites “a lead and silver concentrate is obtained with… Ag at 81 troy ounces” in lines 3-4. The instant specification discloses a lead and silver concentrate comprising 81.33 Oz/MT of Ag (instant specification: Tables 2 and 5), but does not disclose a lead and silver concentrate comprising Ag at 81 troy ounces, and therefore does not describe the claimed invention in a manner understandable to a person of ordinary skill in the art in a way that shows that the inventor invented the claimed invention at the time of filing.
Claim 14 recites “a gypsum concentrate is produced” in line 2, however the instant specification does not disclose producing a gypsum concentrate, and therefore does not describe the claimed invention in a manner understandable to a person of ordinary skill in the art in a way that shows that the inventor invented the claimed invention at the time of filing.
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-18 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "with a mass ratio of 3 to 1" in step 2). The limitation is indefinite as it is unclear which composition the water is compared to by the mass ratio.
Claim 1 recites the limitation “pulp" in step 2). The lack of an article preceding “pulp” renders the claim indefinite as it is unclear how the pulp is produced and what relation it has to the rest of the process, or if it is meant to refer to another composition in the process.
Claim 1 recites the limitation “aqueous leaching” in step 6). The limitation is indefinite as step 6 does not disclose what composition is leached, making unclear how step 6) relates to the rest of the method of claim 1.
Claim 1 recites the limitation “zinc recovery” in step 7). The limitation is indefinite as step 7 does not disclose what composition is subjected to zinc recovery, making unclear how step 7) relates to the rest of the method of claim 1.
Claim 1 recites the limitation “flotation, where hematite is separated other compounds” in step 8). The limitation is indefinite as step 8 does not disclose which composition is subjected to flotation to produce hematite and other compounds, making unclear how step 8) relates to the rest of the method of claim 1.
Claim 1 recites the limitation "the process gases generated" in step 10). There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the water system" in step 11). There is insufficient antecedent basis for this limitation in the claim.
Claim 2 recites the limitation “the zinc grade is determined within the range of 15.50 % to 19.50 % and the iron grade is determined within the range of 17.26 % to 28.26 %”. The limitation is indefinite as it is unclear by what basis (e.g., weight%, volume%, mol%) the ranges of each component are determined.
Claim 10 recites the limitation "zinc remains soluble sulfate, obtaining a mixture with these that is sent to an encapsulated hopper” in lines 3-5. The limitation is indefinite as it is unclear whether claim 10 further limits the soluble zinc sulfate of parent claim 1 step 7) as being sent with hematite to an encapsulated hopper and is cooled, or if claim 10 further limits a separate quantity/source of soluble zinc sulfate.
Allowable Subject Matter
Claims 1-18 would be allowable if rewritten or amended to overcome the rejections under 35 USC 112(a) and 35 USC 112(b), set forth in this Office Action.
The Examiner's statement of reasons for indicating allowable subject matter is found in the Non-final Rejection dated 05/23/2025.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nikolas T Pullen whose telephone number is (571)272-1995. The examiner can normally be reached Monday - Thursday: 10:00 AM - 6:00 PM EST.
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/Keith D. Hendricks/Supervisory Patent Examiner, Art Unit 1733
/NIKOLAS TAKUYA PULLEN/Examiner, Art Unit 1733
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