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 .
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-7, 9, 10, and 16-20, in the reply filed on 01/16/2026 is acknowledged. The traversal is on the ground(s) that all groups I-III share a technical feature under 37 C.F.R. 1.475(b)(2) to a product composition and processes of uses of said product composition. This is not found persuasive because Restriction is required under 35 U.S.C. 121 and 372. This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1.
In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
Group I, claim(s) 1-7, 9, 10, and 16-20, drawn to a composition, or a lixiviant medium comprising the composition as defined in claim 1.
Group II, claim(s) 8, drawn to a method of preparing a lixiviant medium.
Group III, claim(s) 11-14, drawn to a method of extracting gold from a gold-containing solid material.
The groups of inventions listed above do not relate to a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features for the following reasons:
Groups I-III lack unity of invention because even though the inventions of these groups require the technical feature of the composition according to claim 1, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Elms et al. (EP 1167502 A1, cited in IDS, made of record on 02/08/2023). Elms teaches a foam control composition comprising a linear alcohol ethoxylate [0011, 0012], which reads on a composition comprising a non-ionic surfactant as claimed. Elms teaches that the foam control composition further comprises a silicone polyether [0011, 0012], wherein the silicone polyether is a linear silicone polyether containing fluid that is LSPE or a linear silicone polyether which is a block copolymer of polydimethylsiloxane and polyalkylene oxide that is LSPE2 [0019], wherein the LSPE is a block copolymer of polydimethylsiloxane and polyalkylene oxide having the structure
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, wherein Me is a methyl group, j=4, k=396, m=18, n=18, and Z is hydrogen [0033], wherein the LSPE2 is a block copolymer of polydimethylsiloxane and polyalkylene oxide having the structure
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, wherein Me denotes a methyl group, j=2, k=22, m=12,n=0, and Z is -C(O)CH3 [0034], wherein the linear alcohol ethoxylate is ethoxylated tridecyl alcohol that is Iconol TDA-10 [0017], which reads on the composition further comprising a polyether-modified siloxane, wherein the polyether-modified siloxane consists of structural units selected from type (II), (III), and (IV), wherein mod represents -L-O-[-Ax~By~Cz-]#-R2, wherein A represents a structural unit having the formula -CH(R3)-CH(R4)-O-, B represents a structural unit having the formula -CH2-CH2-O-, C represents a structural unit having the formula -CH(R5)-CH(R6)-O-, x represents a number of the structural units of A and takes a value that is 0 or 18, y represents a number of the structural units of B and takes a value that is 12 or 18, z represents a number of the structural units of C and takes a value that is 0, wherein x + y + z > 1, [-Ax~By~Cz-]# is independently, in each occurrence, selected from a copolymer consisting of structural units Ax, By, and Cz arranged in a block structure represents by (@LO)-(Ax)~(By)~(Cz)-(@R2), a copolymer consisting of structural units Ax, By, and Cz arranged in a block structure represented by (@LO)-(Cz)-(By)-(Ax)-(@R2), a copolymer consisting of structural units Ax, By, and Cz arranged in a block structure represented by (@LO)-(Ax)-(Cz)-(By)-(@R2), a copolymer consisting of structural units Ax, By, and Cz arranged in a block structure represented by (@LO)-(By)-(Cz)-(Ax)-(@R2), a copolymer consisting of structural units Ax, By, and Cz arranged in a block structure represented by (@LO)-(Cz)-(Ax)-(By)-(@R2), and a copolymer consisting of structural units Ax, By, and Cz arranged in a block structural represented by (@LO)-(By)-(Ax)-(Cz)-(@R2), wherein (@LO) indicates a terminus of the copolymer that is bonded to the structural unit represented by -L-O- and (@R2) indicates a terminus of the copolymer that is bonded to the structural unit represented b -R2, L is a single bond or a linear or branched alkylene group having 1 carbon atom, R2 represents H, or a linear alkyl group having 1 carbon atom, one of R3 and R4 represents H and the other one represents a methyl group, one of R5 and R6 represents H and the other one represents a linear or branched alkyl group having 2 or 3 carbon atoms, and R1 independently represents a linear or branched alkyl chain having 1-6 carbon atoms, m represents a number of the structural units of formula (III) present in the polyether-modified siloxane and takes a value that is 2 or 4, n represents a number that is 22 or 396, t2 represents a number of the structural units of formula (II) present in the polyether-modified siloxane and takes a value that is 2, wherein t1 + t2 = 2, t1 + m ≥ 1, and m + n ≥ 1, and wherein the non-ionic surfactant has a chemical constitution according to general formula (V), wherein R8 represents a linear alkyl group having 10 carbon atoms, D represents a structural unit having the formula -CH(R9)-CH(R10)-O-, E represents a structural unit having the formula -CH2-CH2-O, F represents a structural unit having the formula -CH(R11), CH(R12)-O-, p represents a number of structural units D and takes a value that is 0, q represents a number of structural units E and takes a value in the range of 3-50, r represents a number of structural units F and takes a value that is 0, [-Dp~Eq~Fr-]# is independently, in each occurrence, selected from a copolymer consisting of p structural units D, q structural units E, and r structural units F arranged in a statistical sequence as claimed.
The traversal is also on the ground that dividing the claims into groups is artificial and unjustified. This is not found persuasive because Restriction is required under 35 U.S.C. 121 and 372 as explained above.
The traversal is also on the ground that searching for the claimed product composition would also cover all its uses of Groups I-III and that there would not be additional burden on the Office. This is not found persuasive because the instant application is a National Stage Application of a PCT Application, which means that restriction practice for the instant application follows PCT Rules 13.1 and 13.2, which do not require that were would need to have been an additional burden on the Office if restriction were not required.
The requirement is still deemed proper and is therefore made FINAL.
Claims 8 and 11-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 01/14/2026.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged.
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-7 and 16-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Elms et al. (EP 1167502 A1, cited in IDS, made of record on 02/08/2023) as evidenced by BASF (BASF, “Technical Bulletin Letensol TDA 10”, 2016).
Regarding claims 1-4, 6, 7, 16, 17, and 20, Elms teaches a foam control composition comprising a linear alcohol ethoxylate [0011, 0012], which reads on a composition comprising a non-ionic surfactant as claimed. Elms teaches that the foam control composition further comprises a silicone polyether [0011, 0012], which reads on the composition further comprising a polyether-modified siloxane as claimed. Elms teaches that the silicone polyether is a linear silicone polyether containing fluid that is LSPE or a linear silicone polyether which is a block copolymer of polydimethylsiloxane and polyalkylene oxide that is LSPE2 [0019], wherein the LSPE is a block copolymer of polydimethylsiloxane and polyalkylene oxide having the structure
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, wherein Me is a methyl group, j=4, k=396, m=18, n=18, and Z is hydrogen [0033], wherein the LSPE2 is a block copolymer of polydimethylsiloxane and polyalkylene oxide having the structure
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, wherein Me denotes a methyl group, j=2, k=22, m=12, n=0, and Z is -C(O)CH3 [0034], which reads on wherein the polyether-modified siloxane consists of structural units selected from type (II), (III), and (IV),
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,
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,
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, wherein mod represents
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, wherein A represents a structural unit having the formula
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, B represents a structural unit having the formula
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, C represents a structural unit having the formula
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, x represents a number of the structural units of A and takes a value in the range of 18 or 0, y represents a number of the structural units of B and takes a value in the range of 18 or 12, z represents a number of the structural units of C and takes a value in the range of 0, wherein x + y + z > 1,
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is independently in each occurrence, selected from a copolymer consisting of structural units Ax, By, and Cz arranged in a block structure represented by
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, a copolymer consisting of structural units Ax, By, and Cz arranged in a block structure represented by
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, and a copolymer consisting of structural units Ax, By, and Cz arranged in a block structure represented by
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, wherein (@LO) indicates a terminus of the copolymer that is bonded to the structural units represented by -L-O- and (@R2) indicates a terminus of the copolymer that is bonded to the structural units represented by -R2, L is linear alkylene group having 3 carbon atoms, R2 represents H, or a group
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, wherein R7 represents a linear alkyl group having 1 carbon atom, one of R3 and R4 represents H and the other one represents a methyl group, one of R5 and R6 represents H and the other one represents a linear or branched alkyl group having 2 or 3 carbon atoms, and R1 independently represents a linear alkyl chain having 1 carbon atom, and independently represents methyl, m represents a number of the structural units of formula (III) present in the polyether-modified siloxane and takes a value in the range of 4 or 2, n represents a number of the structural units of formula (IV) present in the polyether-modified siloxane and takes a value in the range of 396 or 22, t1 represents a number of the structural units of formula (I) present in the polyether-modified siloxane and takes a value in the range of 0, t2 represents a number of the structural units of formula (II) present in the polyether-modified siloxane and takes a value in the range of 2, wherein t1 + t2 = 2, t1 + m = 4 or 2, and m + n = 400 or 24 as claimed. Elms teaches that the linear alcohol ethoxylate [0011, 0012] is a mixture of ethoxylated tridecyl alcohol that is Iconol TDA-10 from BASF Corporation with a linear alcohol ethoxylate different from ethoxylated tridecyl alcohol [0017]. BASF provides evidence that TDA-10 a nonionic surfactant composed of a ten mole ethylene oxide adduct of tridecyl alcohol (p. 1), which reads on wherein the non-ionic surfactant has a chemical constitution according to general formula (V)
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, wherein R8 represents a linear alkyl group having 13 carbon atoms, D represents a structural unit having the formula
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, E represents a structural unit having the formula
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, F represents a structural unit having the formula
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, p represents a number of structural units D and takes a value in the range of 0, q represents a number of structural units E and takes a value in the range of 10, r represents a number of structural units F and takes a value in the range of 0, one of R9 and R10 represents H and the other one represents a linear or branched alkyl group having 1-4 carbon atoms or represents methyl, one of R11 and R12 represents H and the other one represents a linear or branched alkyl group having 1-4 carbon atoms,
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is independently, in each occurrence, selected from the group consisting of a copolymer consisting of p structural units D, q structural units E, and r structural units F arranged in a statistical sequence, a copolymer consisting of structural units Dp, Eq, and Fr arranged in a block structural represented by
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, a copolymer consisting of structural units Dp, Eq, and Fr arranged in a block structure represented by
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, a copolymer consisting of structural units Dp, Eq, and Fr arranged in a block structure represented by
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, a copolymer consisting of structural units, Dp, Eq, and Fr, arranged in a block structure represented by
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, a copolymer consisting of structural unites Dp, Eq, and Fr arranged in a block structure represented by
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, and a copolymer consisting of structural units Dp, Eq, and Fr arranged in a block structure represented by
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, wherein (@R8O) indicates a terminus of the copolymer that is bonded to the structural unit represented in formula (V) by R8O- and (@H) indicates a terminus of the copolymer that is bonded to the structural unit represented in formula (V) by -H as claimed,
Regarding claim 5, Elms satisfies the limitation wherein x represents a value in the range of 20-30, y represents a value in the range of 0-5, z represents 0, L represents a linear alkylene group having 3 carbon atoms, R1 represents methyl, R2 is selected from the group consisting of H and a linear or branched alkyl group having 1-4 carbon atoms, m represents 1-5, n represents 20-30, t1 represents 2, and t2 represents 0 as claimed because all the variables are present in type (I), (II), (III),, and (IV), claims 1 and 5 do not require the polyether-modified siloxane to consist of structural units selected from the group consisting of type (I), (II), (III), and (IV) if the non-ionic surfactant has a chemical constitution according to general formula (V), and Elms’s teachings that are explained above for claim 1 read on wherein the non-ionic surfactant has a chemical constitution according to general formula (V) as claimed.
Regarding claim 18, Elms teaches that the silicone polyether is a linear silicone polyether containing fluid that is LSPE [0019], wherein the LSPE is a block copolymer of polydimethylsiloxane and polyalkylene oxide having the structure
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, wherein Me is a methyl group, j=4, k=396, m=18, n=18, and Z is hydrogen [0033], which reads on x represents a value in the range of 18 as claimed.
Regarding claim 19, Elms teaches that the silicone polyether is a linear silicone polyether which is a block copolymer of polydimethylsiloxane and polyalkylene oxide that is LSPE2 [0019], wherein the LSPE2 is a block copolymer of polydimethylsiloxane and polyalkylene oxide having the structure
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, wherein Me denotes a methyl group, j=2, k=22, m=12, n=0, and Z is -C(O)CH3 [0034], which reads on wherein n and m fulfil the relation n + m = 24 as claimed.
Claim Rejections - 35 USC § 103
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 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.
Claims 1-7, 9, 10, and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Seelmann-Eggebert et al. (US 2008/0196546 A1, cited in IDS) in view of Phukan et al. (US 2012/0329887 A1).
Regarding claims 1 and 6, Seelmann-Eggebert teaches an aqueous cyanide-containing composition which comprises at least one nonionic surfactant [0022], wherein the nonionic surfactant is [0041] an alcohol alkoxylate of the general formula [0051]
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[0052], wherein R3 is a branched or straight-chain C8-15-alkyl radical, R4 is propyl, p has a mean value of from 4 to 15, and q has a mean value of from 0.5 to 4 [0066], which reads on a composition, comprising a non-ionic surfactant, wherein the non-ionic surfactant has a chemical constitution according to general formula (V)
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, wherein R8 represents a linear or branched alkyl group having 8-15 carbon atoms, D represents a structural unit having the formula
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, E represents a structural unit having the formula
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, F represents a structural unit having the formula
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, p represents a number of structural units D and takes a value in the range of 0 or 0.5-4, q represents a number of structural units E and takes a value in the range of 4-15, r represents a number of structural units F and takes a value in the range of 0 or 0.5-4, one of R9 and R10 represents H and the other one represents a linear or branched alkyl group having 3 carbon atoms, one of R11 and R12 represents H and the other one represents a linear or branched alkyl group having 3 carbon atoms,
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is independently, in each occurrence, selected from a copolymer consisting of structural units Dp, Eq, and Fr arranged in a block structural represented by
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, a copolymer consisting of structural units Dp, Eq, and Fr arranged in a block structure represented by
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, a copolymer consisting of structural units, Dp, Eq, and Fr, arranged in a block structure represented by
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, and a copolymer consisting of structural units Dp, Eq, and Fr arranged in a block structure represented by
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, wherein (@R8O) indicates a terminus of the copolymer that is bonded to the structural unit represented in formula (V) by R8O- and (@H) indicates a terminus of the copolymer that is bonded to the structural unit represented in formula (V) by -H as claimed. Seelmann-Eggebert teaches that the composition is used in a process for extracting metals from metal-containing materials [0227-0231].
Seelmann-Eggebert does not teach that the composition further comprises a polyether-modified siloxane. However, Phukan teaches at least one polyorganosiloxane compound [0005] comprising at least one monovalent polyether radical [0014, 0021, 0029], wherein the at least one polyorganosiloxane compound can be used to improve ore recovery from mining operations [0121]. Seelmann-Eggebert and Phukan are analogous art because both references are in the same field of endeavor of composition for lixiviant media. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Phukan’s at least one polyorganosiloxane compound comprising at least one monovalent polyether radical to modify Seelmann-Eggebert’s aqueous cyanide-containing composition. The proposed modification would read on the composition further comprising a polyether-modified siloxane as claimed. One of ordinary skill in the art would have been motivated to do so because Phukan teaches that the at least one polyorganosiloxane compound [0005] comprising at least one monovalent polyether radical [0014, 0021, 0229] is beneficial for being useful for improving ore recovery from mining operations and for improving the separation of minerals from their gangue [0121], which would have been desirable for Seelmann-Eggebert’s aqueous cyanide-containing composition because Seelmann-Eggebert teaches that the aqueous cyanide-containing composition [0022] is used in a process for extracting metals from metal-containing materials [0227-0231].
Regarding claim 2, Seelmann-Eggebert in view of Phukan satisfies the limitation wherein L represents a linear or branched alkylene group having 2-6 carbon atoms, and/or R1 independently represents a linear or branched alkyl chain having 1-4 carbon atoms, and/or R2 represents a linear or branched alkyl group having 1-4 carbon atoms or R2 represents a group -C(=O)-R7, wherein R7 represents a linear or branched alkyl group having 1-4 carbon atoms as claimed because all the variables are present in type (I), (II), (III), and (IV), claims 1 and 2 do not require the polyether-modified siloxane to consist of structural units selected from the group consisting of type (I), (II), (III), and (IV) if the non-ionic surfactant has a chemical constitution according to general formula (V), and Seelmann-Eggebert’s teachings that are explained above for claim 1 read on wherein the non-ionic surfactant has a chemical constitution according to general formula (V) as claimed.
Regarding claim 3, Seelmann-Eggebert in view of Phukan satisfies the limitation wherein one of R5 and R6 represents H and the other one represents ethyl, and/or y represents a value in the range of 1-40, and/or z is 0 as claimed because all the variables are present in type (I), (II), (III), and (IV), claims 1 and 3 do not require the polyether-modified siloxane to consist of structural units selected from the group consisting of type (I), (II), (III), and (IV) if the non-ionic surfactant has a chemical constitution according to general formula (V), and Seelmann-Eggebert’s teachings that are explained above for claim 1 read on wherein the non-ionic surfactant has a chemical constitution according to general formula (V) as claimed.
Regarding claim 4, Seelmann-Eggebert in view of Phukan satisfies the limitation wherein m represents a value in the range of 1-100, and/or n represents a value in the range of 1-400 as claimed because n and m are present in type (III) and (IV), claims 1 and 4 do not require the polyether-modified siloxane to consist of structural units selected from the group consisting of type (I), (II), (III), and (IV) if the non-ionic surfactant has a chemical constitution according to general formula (V), and Seelmann-Eggebert’s teachings that are explained above for claim 1 read on wherein the non-ionic surfactant has a chemical constitution according to general formula (V) as claimed.
Regarding claim 5, Seelmann-Eggebert in view of Phukan satisfies the limitation wherein x represents a value in the range of 20-30, y represents a value in the range of 0-5, z represents 0, L represents a linear alkylene group having 3 carbon atoms, R1 represents methyl, R2 is selected from the group consisting of H and a linear or branched alkyl group having 1-4 carbon atoms, m represents 1-5, n represents 20-30, t1 represents 2, and t2 represents 0 as claimed because all the variables are present in type (I), (II), (III),, and (IV), claims 1 and 5 do not require the polyether-modified siloxane to consist of structural units selected from the group consisting of type (I), (II), (III), and (IV) if the non-ionic surfactant has a chemical constitution according to general formula (V), and Seelmann-Eggebert’s teachings that are explained above for claim 1 read on wherein the non-ionic surfactant has a chemical constitution according to general formula (V) as claimed.
Regarding claim 7, Seelmann-Eggebert teaches that the nonionic surfactant is [0035] alkoxylated C4- to C22-alcohols, such as fatty alcohol alkoxylates [0036], wherein these may be alkoxylated with ethylene oxide [0036], wherein the nonionic surfactants generally comprise from 2 to 50, preferably from 3 to 20, mol of at least one alkylene oxide per mole of alcohol [0036], wherein the alcohols preferably have 10 to 18 carbon atoms [0036], which optionally reads on wherein R8 represents a linear alkyl group having 4 to 22 carbon atoms, one of R9 and R10 represents H and the other one represents methyl, p represents a value in the range of 0, q represents a value in the range of 2 to 50, and r is 0.
Seelmann-Eggebert does not teach a specific embodiment wherein R8 represents a linear or branched alkyl group having 11-13 carbon atoms, one of R9 and R10 represents H and the other represents methyl, p represents a value in the range of 0-10, q represents a value in the range of 5-15, and r is 0. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select Seelmann-Eggebert’s nonionic surfactant to be an alkoxylated C11- to C13-alcohol that is a fatty alcohol alkoxylate, that is alkoxylated with ethylene oxide, and that has from 5 to 15 mol of one alkylene oxide per mole of alcohol. The proposed modification would read on wherein R8 represents a linear alkyl group having 11 to 13 carbon atoms, one of R9 and R10 represents H and the other one represents methyl, p represents a value in the range of 0, q represents a value in the range of 5 to 15, and r is 0 as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Seelmann-Eggebert teaches that the nonionic surfactant is [0035] alkoxylated C4- to C22-alcohols, such as fatty alcohol alkoxylates [0036], wherein these may be alkoxylated with ethylene oxide [0036], wherein the nonionic surfactants generally comprise from 2 to 50, preferably from 3 to 20, mol of at least one alkylene oxide per mole of alcohol [0036], wherein the alcohols preferably have 10 to 18 carbon atoms [0036]. Examples of rationales that may support a conclusion of obviousness include "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Regarding claim 9, Seelmann-Eggebert teaches that the aqueous cyanide-containing composition [0022] further comprises an aqueous solution adjusted to a pH of from 9.8 to 10.2 with NaOH [0023], wherein the composition is used in a process for extracting metals from metal-containing materials [0227-0231], which reads on a lixiviant medium, comprising (i) the composition as defined in claim 1, (ii) a pH regulator suitable for setting a pH of the composition to a value of 9 or higher, and (iv) water as claimed. Seelmann-Eggebert teaches that the aqueous cyanide-containing composition [0022] further comprises cyanide salts [0166], wherein the cyanide in examples is alkaline cyanide [0253, 0255], which optionally reads on the lixiviant medium further comprising (ii) an alkali metal cyanide.
Seelmann-Eggebert does not teach a specific embodiment of the lixiviant medium further comprising (ii) an alkali metal cyanide. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select Seelmann-Eggebert’s alkaline cyanide as the source of cyanide in Seelmann-Eggebert’s aqueous cyanide-containing composition. The proposed modification would read on the lixiviant medium further comprising (ii) an alkali metal cyanide as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for providing a source of cyanide that is suitable for Seelmann-Eggebert’s aqueous cyanide-containing composition to be used in a process for extracting metals from metal-containing materials because Seelmann-Eggebert teaches that the aqueous cyanide-containing composition [0022] further comprises cyanide salts [0166], that the cyanide in examples is alkaline cyanide [0253, 0255], that the alkaline cyanide is beneficial for leaching gold containing rock [0253], and that the composition is used in a process for extracting metals from metal-containing materials [0227-0231].
Regarding claim 10, Seelmann-Eggebert teaches that in the aqueous cyanide-containing composition [0022], the nonionic surfactant is in a concentration of from 0.01 to 0.2% by weight in an aqueous solution adjusted to a pH of from 9.8 to 10.2 with NaOH, which leads to a reduction in the contact angle on glass after 1 second by at least 10° [0023], that the cyanide content of the composition is from 100 to 500 ppm [0187], that the cyanide in examples is alkaline cyanide [0253, 0255], that the aqueous cyanide-containing composition achieves the objective [0022] of a reduction in the amount of cyanide required for leaching [0021] of metals from materials or minerals which comprise the corresponding metal [0001], and that the nonionic surfactant leads to an increase in the metal extraction and, if appropriate, a reduction in the duration of leaching [0033], which reads on wherein a content of said composition (i) and said alkali metal cyanide is 200 to 2500 ppm relative to a total weight of the lixiviant medium. The ppm is based on the calculations 0.01 / 100 * 1,000,000 + 100 = 200 and 0.2 / 100 * 1,000,000 + 500 = 2500.
Seelmann-Eggebert does not teach that a content of said composition (i) and said alkali metal cyanide is 2000 ppm or les relative to a total weight of the lixiviant medium. However, Phukan teaches at least one polyorganosiloxane compound [0005] comprising at least one monovalent polyether radical [0014, 0021, 0029], wherein the at least one polyorganosiloxane compound can be used to improve ore recovery from mining operations [0121], wherein the polyorganonosiloxane can be used in an amount of from 0.1 ppm to about 10,000 ppm [0107], wherein those skilled in art will be able to vary the amount of polyorganosiloxane depending on the desired degree of demulsification and the contents of emulsion [0107]. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to use Phukan’s at least one polyorganosiloxane compound comprising at least one monovalent polyether radical to modify Seelmann-Eggebert’s aqueous cyanide-containing composition, and to optimize the total amount of Seelmann-Eggebert’s non-ionic surfactant, Phukan’s at least one polyorganosiloxane compound, and Seelmann-Eggebert’s alkaline cyanide in Seelmann-Eggebert’s aqueous cyanide-containing composition to be from 200 to 2,000 ppm by weight. The proposed modification would read on wherein a content of said composition (i) and said alkali metal cyanide is from 200 to 2000 ppm relative to a total weight of the lixiviant medium as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been beneficial for optimizing an amount of metal that Seelmann-Eggebert’s aqueous cyanide-containing composition is able to leach from materials or minerals which comprise the corresponding metal, and the time duration required for leaching metal from materials or minerals which comprise the corresponding metal because Phukan teaches that the at least one polyorganosiloxane compound [0005] comprising at least one monovalent polyether radical [0014, 0021, 0229] is beneficial for being useful for improving ore recovery from mining operations, for improving the separation of minerals from their gangue [0121], and for being useful in an amount of from 0.1 ppm to about 10,000 ppm [0107], and that those skilled in art will be able to vary the amount of polyorganosiloxane depending on the desired degree of demulsification and the contents of emulsion [0107], which would have been desirable for Seelmann-Eggebert’s aqueous cyanide-containing composition because Seelmann-Eggebert teaches that the aqueous cyanide-containing composition [0022] is used in a process for extracting metals from metal-containing materials [0227-0231], that in the aqueous cyanide-containing composition [0022], the nonionic surfactant is in a concentration of from 0.01 to 0.2% by weight in an aqueous solution adjusted to a pH of from 9.8 to 10.2 with NaOH, which leads to a reduction in the contact angle on glass after 1 second by at least 10° [0023], that the cyanide content of the composition is from 100 to 500 ppm [0187], that the cyanide in examples is alkaline cyanide [0253, 0255], that the aqueous cyanide-containing composition achieves the objective [0022] of a reduction in the amount of cyanide required for leaching [0021] of metals from materials or minerals which comprise the corresponding metal [0001], and that the nonionic surfactant leads to an increase in the metal extraction and, if appropriate, a reduction in the duration of leaching [0033], which means that the total amount of Seelmann-Eggebert’s non-ionic surfactant, Phukan’s at least one polyorganosiloxane compound, and Seelmann-Eggebert’s alkaline cyanide in Seelmann-Eggebert’s aqueous cyanide-containing composition in ppm by weight would have affected an amount of metal that Seelmann-Eggebert’s aqueous cyanide-containing composition is able to leach from materials or minerals which comprise the corresponding metal, and the time duration required for leaching metal from materials or minerals which comprise the corresponding metal.
Regarding claim 16, Seelmann-Eggebert in view of Phukan satisfies the limitation wherein L represents a linear or branched alkylene group having 3 or 4 carbon atoms as claimed because L is present in type (I) and (III), claims 1, 2, and 16 do not require the polyether-modified siloxane to consist of structural units selected from the group consisting of type (I), (II), (III), and (IV) if the non-ionic surfactant has a chemical constitution according to general formula (V), and Seelmann-Eggebert’s teachings that are explained above for claim 1 read on wherein the non-ionic surfactant has a chemical constitution according to general formula (V) as claimed.
Regarding claim 17, Seelmann-Eggebert in view of Phukan satisfies the limitation wherein R1 independently represents methyl as claimed because R1 is present in type (I), (II), (III), and (IV), claims 1, 2, and 17 do not require the polyether-modified siloxane to consist of structural units selected from the group consisting of type (I), (II), (III), and (IV) if the non-ionic surfactant has a chemical constitution according to general formula (V), and Seelmann-Eggebert’s teachings that are explained above for claim 1 read on wherein the non-ionic surfactant has a chemical constitution according to general formula (V) as claimed.
Regarding claim 18, Seelmann-Eggebert in view of Phukan satisfies the limitation wherein x represents a value in the range of 1-40 as claimed because x is present in type (I) and (II), claims 1, 3, and 18 do not require the polyether-modified siloxane to consist of structural units selected from the group consisting of type (I), (II), (III), and (IV) if the non-ionic surfactant has a chemical constitution according to general formula (V), and Seelmann-Eggebert’s teachings that are explained above for claim 1 read on wherein the non-ionic surfactant has a chemical constitution according to general formula (V) as claimed.
Regarding claim 19, Seelmann-Eggebert in view of Phukan satisfies the limitation wherein n and m fulfil the relation 15 ≤ n + m ≤ 150 as claimed because n and m are present in type (III) and (IV), claims 1, 4, and 19 do not require the polyether-modified siloxane to consist of structural units selected from the group consisting of type (I), (II), (III), and (IV) if the non-ionic surfactant has a chemical constitution according to general formula (V), and Seelmann-Eggebert’s teachings that are explained above for claim 1 read on wherein the non-ionic surfactant has a chemical constitution according to general formula (V) as claimed.
Regarding claim 20, Seelmann-Eggebert teaches that the nonionic surfactant is [0041] an alcohol alkoxylate of the general formula [0051]
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[0052], wherein R3 is a branched or straight-chain C8-15-alkyl radical [0066], which reads on wherein R8 is a linear or branched alkyl having 8-15 carbon atoms.
Seelmann-Eggebert does not teach a specific embodiment wherein R8 is a linear or branched alkyl group having 10-16 carbon atoms. Before the effective filing date of the claimed invention, one of ordinary skill in the art would have found it obvious to select Seelmann-Eggebert’s R3 to be a branched or straight-chain C10-15-alkyl radical. The proposed modification would read on wherein R8 is a linear or branched alkyl group having 10-15 carbon atoms as claimed. One of ordinary skill in the art would have been motivated to do so because it would have been obvious to try with a reasonable expectation of success because Seelmann-Eggebert teaches that the nonionic surfactant is [0041] an alcohol alkoxylate of the general formula [0051]
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[0052], wherein R3 is a branched or straight-chain C8-15-alkyl radical [0066]. Examples of rationales that may support a conclusion of obviousness include "Obvious to try" – choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success (MPEP 2143(I)(E)).
Correspondence
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/DAVID T KARST/Primary Examiner, Art Unit 1767