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 .
DETAILED ACTION
Election/Restrictions
Applicant’s election of Group I in the reply filed on 13 March 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Newly added claims 98-107 are presented as directed to production of a titanium metal material, which is not considered to represent one of the originally-presented groups. The new group lacks unity of invention as 1 lacks inventive step for the reasons specified herein.
Claims 45, 53-56, and 98-107 are withdrawn as directed to a non-elected invention.
Drawings
The drawings were received on 14 February 2023. These drawings are accepted.
Claim Objections
Claim 1 is objected to because of the following informalities: in step ii), the language “to produce thereby producing” is an obvious typographical error. Appropriate correction is required.
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 1, 3, 6, 8, 12, 15, 16, 19, 24, and 27 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 "coating the titaniferous particles having a size of less than about 75 cubic microns." There is insufficient antecedent basis for this limitation in the claim. Prior to this, the particles described have a size of at least about 75 cubic microns. Based on a review of the specification, it is believed that the particles having less than 75 cubic microns and greater than about 75 microns are different and are treated differently, but as claimed, the material which is calcined is required to be two sizes. The point of infringement of claim 1 cannot be determined and the claim is indefinite.
Each of claims 3, 6, 8, 12, 15, 16, 19, 24, and 27 depends from claim 1 and is indefinite for the same reasons.
Claim 1 recites wherein the binder composition comprises between about 4 and about 15% sodium. No basis or units are given for the claimed percentage. It is not clear from the claim whether this would mean a weight percent, molar percent, a volume percentage of precursor solutions, a concentration, a stoichiometric percent, or some other measure. It is not clear whether this includes the titaniferous fines in the basis or not. As written, the percentages are arbitrary without a unit. The metes and bounds of claim 1 cannot be determined and the claim is indefinite.
Each of claims 3, 6, 8, 12, 15, 16, 19, 24, and 27 depends from claim 1 and is indefinite for the same reasons.
Claim 15 similarly includes a percentage value with no basis.
Conclusion
NO claims are allowable. NO rejection is made over the prior art.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2014/0193317 A1 teaches to recover a scandium material from titanium production residue (see title, SUMMARY OF THE INVENTION). 2014/0193317 A1 teaches to separate the material with a resin, elute scandium, and strip in recovery of scandium (see [0025]-[0045] and Figs 1-2).
US 2008/0241026 A1 teaches a method of benefication of titaniferous ores (see title, SUMMARY OF THE INVENTION). US 2008/0241026 A1 teaches to calcine the material and leach it (see [0012]-[0031]).
US 6149712 A teaches agglomerating titanium values for the chloride process.
US 20190144337 A1, US 7931886 B2, US 20020035188 A1, are exemplary of agglomerating processes.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER S KESSLER whose telephone number is (571)272-6510. The examiner can normally be reached 9-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Curt Mayes can be reached at 571-272-1234. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CHRISTOPHER S. KESSLER
Primary Examiner
Art Unit 1734
/CHRISTOPHER S KESSLER/ Examiner, Art Unit 1759
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