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 12/29/2025 has been entered. Claim(s) 1, 3-7, 10, 12-13, 15-17, 19-25 is/are pending in the application. Applicant’s amendments to the claims have overcome each and every objection and/or 112(b) rejection previously set forth in the office action mailed 11/18/2025.
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(s) 1, 3-7, 10, 12-13, 15-17, 19-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Quix et al. (WO2017121663A1) in view of Toyotomi et al. (JP2002060852A).
Regarding Claims 1, 3, 7, and 19-21 and 23, Xiao teaches a method of recycling valuable metals from waste lithium-ion batteries (abstract, reading on claims 7 and 19-20) or other materials containing Cu, Co and Ni where the material undergoes reduction melting (bath smelting) (Col. 5, Lines 5-12);
Separating the Cu-Co-Ni alloy and slag (Table 1);
The calculated grade of the Alloy composition formed (Table 1) is 0.42, reading on the claimed range of 0.32-0.9 and the claim 21 range of 0.34-0.9 and the claim 23 range of 0.360-0.90.
While the prior art teaches a reductive melting treatment; the prior art is silent regarding performing an oxidation treatment before reducing. However, Toyotomi teaches a method of recycling copper by melting and separation (abstract) where oxidation treatment may be performed first to oxidize impurities such as sulfur to collect in the form of slag [0043] which is followed by a reduction melting treatment to minimize oxygen content in the copper to less than 350 ppm [0045]. Therefore, one of ordinary skill in the art would have been motivated to modify the method of Quix to perform oxidation treatment before reduction melting for the purpose of removing impurities such as sulfur from the copper containing scrap.
Regarding claims 4 and 10, the oxidation takes place in a furnace which is considered oxidative roasting [0041]
Regarding claims 5 and 11-13, the reduction occurs with graphite as a reducing agent [0017];
Regarding claims 6 and 15-17, 22 and 24-25, the reduction takes place at 1400-1600 C [0017] or simply above 1300 C [0044], overlapping with the claimed range 1300-1450 C. In the case where a claimed range overlaps with a range taught by the prior art, a prima facie case of obviousness exists. (See MPEP 2144.05(I)).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's submission of an information disclosure statement under 37 CFR 1.97(c) with the timing fee set forth in 37 CFR 1.17(p) on 06/05/2026 prompted the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 609.04(b). 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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/RICARDO D MORALES/Primary Examiner, Art Unit 1738
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