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 .
Drawings
Acknowledgment is made to Applicant’s replacement drawings received 3 December 2025. The objections presented to the drawings in the Office Action of 4 September 2025 are withdrawn.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(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 201, 213, 216 and 217 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.
As to claims 201, 216 and 217, the claim recites the limitation “the counter electrode”. There is insufficient antecedent basis for this limitation in the claim. Antecedent basis does exists for “the one or more counter electrodes”.
As to claim 213, at line 9, the claim recites the limitation “the electrode connections”. There is insufficient antecedent basis for this limitation in the claim. Antecedent basis does exists for “the one or more electrode connection”, which is important to note is different from “one or more of the electrode connections”.
Further as to claim 213, at line 16, the claim recites the limitation “the counter electrodes”. There is insufficient antecedent basis for this limitation in the claim. Antecedent basis does exists for “the one or more counter electrodes”, which is important to note is different from “one or more of the counter electrodes”.
Further as to claim 213, at line 12, the claim recites the limitation “one or more counter electrodes”. However, this limitation is already presented in claim 198, upon which claim 213 is dependent. It is therefore unclear as to if the limitation of claim 213 intends to refer back to that of 198 or to a new and separate limitation. This further renders unclear as to which limitation the later instances of “the one or more counter electrodes” intend to refer back to.
Claim Rejections - 35 USC § 102
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.
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.
Claims 198-201 and 211-217 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 102719617 A to Jia at al. (Jia).
As to claim 198, Jia teaches a method for electrorefining a molten ferrous alloy comprising carbon as an impurity, the method comprising; providing the ferrous molten metal to be refined (5) in a treatment ladle (furnace body) (4) with an electrolyte (3) in contact with the ferrous molten metal (5) to form a metal-electrolyte interface; contacting an electrode connection (anode) (11) made of a molybdenum cement, thus a first electronically conductive materially remaining in solid form in and substantially inert to, the ferrous molten metal with the ferrous molten metal (5) for electronic conduction therewith; contacting a counter electrode (cathode) (9) made of a metal ceramic containing molybdenum, thus a second electronically conductive material remaining in solid form in and substantially inert to the electrolyte with the electrolyte (3) for forming an electrolyte-counter electrode interface; and during electrorefining operations supplying an electromotive force between the electrode connection and the counter electrode via application of DC voltage to induce electrochemical reactions to occur at both the metal-electrolyte interface and the electrolyte counter electrode interface; and producing a ferrous molten metal depleted of the carbon (Translation Paragraphs 0017, 0031, and 0034; Figure 1).
As to claim 199, Jia teaches the method of claim 198. Jia teaches that the electrolyte (3) is provided in a molten form on top of the ferrous molten metal (5) (Translation Paragraphs 0017 and 0031; Figure 1).
As to claim 200, Jia teaches the method of claim 198. Jia teaches that the molten electrolyte (3) is an ionic slag formed on top of the ferrous molten metal (5) (Translation Paragraph 0016).
As to claim 201, Jia teaches the method of claim 198. Jia further teaches that the counter electrode (cathode) (9) is at least partially submerged in the electrolyte (3) (Figure 1).
As to claim 211, Jia teaches the method of claim 199. As discussed above, Jia teaches that the impurity comprises carbon.
As to claim 212, Jia teaches the method of claim 199. As discussed above, Jia teaches that the ferrous molten metal comprises a molten iron-alloy (Table 1).
As to claim 213, Jia teaches the method of claim 199. Jia further teaches that, the electrode connection (anode) (11) is submerged into the ferrous molten metal (5) for electronic conduction therewith; the electrode connection (anode) (11) extends from the treatment ladle (furnace body) (4); the counter electrode (cathode) (9) is at least partially submerged in the electrolyte (3); contacting a plurality of counter electrodes (cathodes) (9) for forming the electrolyte-counter electrode interface; positioning the counter electrode (9) opposite to the metal-electrolyte interface (Figure 1).
As to claim 214, Jia teaches the method of claim 200. Jia further teaches that the ferrous molten metal is a molten steel (Paragraph 0011).
As to claim 215, Jia teaches the method of claim 200. As discussed above, Jia teaches that the impurity comprises carbon.
As to claim 216, Jia teaches the method of claim 199. Jia further teaches that the counter electrode (cathode) (9) is at least partially submerged in the electrolyte (3) (Figure 1).
As to claim 217, Jia teaches the method of claim 200. Jia further teaches that the counter electrode (cathode) (9) is at least partially submerged in the electrolyte (3) (Figure 1).
Response to Arguments
Applicant's arguments filed 3 December 2025 regarding Jia have been fully considered but they are not persuasive. Applicants argue that Jia melts the iron material inside the ladle and thus cannot meet the claim limitation of “providing the ferrous molten metal to be refined in a treatment ladle”. However, the Examiner maintains that the Applicant’s interpretation of “providing” is too narrow. The claims do not contain any limitation that require the ferrous molten metal to never have been solid inside the ladle at any point in time and the Examiner maintains that once melted the ferrous material is provided to the ladle in a molten form.
Applicants further argue that the electrode connection and counter electrode of Jia cannot be considered “substantially inert to the ferrous molten metal” or “substantially inert to the electrolyte” respectively and simultaneously conductive, arguing that molybdenum is reactive and that consumable embodiments are taught and that ceramic portions are . However, the Examiner disagrees. While consumable embodiments are taught Jia also specifically teaches high temperature resistance ceramics, thus considered to be “substantially” inert (Paragraph 0018). These materials must be electronically conductive in order to perform their functions as cathodes and anodes.
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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/CIEL P CONTRERAS/Primary Examiner, Art Unit 1794
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