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
Applicant’s election without traverse of Claims 1-11 in the reply filed on 26 August 2025 is acknowledged.
Claims 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method of operating a geothermally powered red mud processing system, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 26 August 2025.
Claim Objections
Claim 8 is objected to because of the following informalities: claim 8 recites “configured to use the heated heat transfer to generate electricity”. Examiner believes that applicant is referring to the heated heat transfer fluid from claim 1, however it appears that the word fluid has been omitted from the claim. 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.
The terms “Iron-depleted” and “metal-depleted” in claims 1-3,7,9, and 10 are relative terms which render the claims indefinite. The terms are not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
It is unclear what “iron” and “metal” mean with respect to the term “depleted”. It is unclear if this indicates that a certain amount of “iron” or “metal” has been removed from the mud or if it indicates that a certain amount was previously present in the mud, or both.
It is also unclear if “depleted” means “iron-free”/“metal-free” or if it means that the mud contains some “iron” or “metal” that has been reduced from some previous unspecified amount. If it does contain some “iron” or “metal”, it is unclear what the starting point (i.e. standard) by which the “depleted” amount is compared to.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, and 4- 9 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao Liu, et al., "Characteristic, hazard and iron recovery technology of red mud - A critical review", Journal of Hazardous Materials, Volume 420, 2021, 126542, ISSN 0304-3894 in view of US20160045841 of Kaplan, CN110935413 of Xi, and US9121393 of Schwarck.
Claim 1 claims a red mud processing system, comprising: a geothermal system comprising a wellbore extending from a surface into an underground magma reservoir, the wellbore configured to heat a heat transfer fluid via heat transfer with the underground magma reservoir to form heated heat transfer fluid; a roasting furnace comprising a vessel configured to: receive red mud with at least a portion of aluminum-containing components removed; and heat the received red mud using the heated heat transfer fluid, thereby generating roasted red mud comprising magnetite; a separator comprising: a vessel configured to receive the roasted red mud; and a magnet powered by geothermally generated electricity, positioned within or proximate to the vessel of the separator, and configured to remove the magnetite from the roasted red mud, thereby generating iron-depleted red mud; and an acid leaching tank comprising a vessel configured to: receive at least a portion of the iron-depleted red mud; heat a leaching solution using the heated heat transfer fluid; and extract one or both of titanium and scandium from the iron-depleted red mud using the heated leaching solution, thereby generating metal-depleted red mud.
Liu teaches characteristic, hazard and iron recovery technology of red mud - A
critical review, in the same field of endeavor as the claimed invention. Liu teaches red mud processing involving iron reduction roasting with a furnace, section[5.2], Fig.7., followed by magnetic separation, and heated acid leaching to extract titanium, section[5.5,5.3], Fig.8. Liu does not teach a geothermal system for heat transfer.
Kaplan teaches a new and improved system for processing various chemicals and materials in the same field of endeavor as the claimed invention. Kaplan discloses a magnetic separator for separating the material into ferrous and non-ferrous material, Para[0204]. Kaplan teaches that the magnetic separator arrangement comprises a conveyor extending between the pre-crusher unit and the crusher unit, and a magnet unit extending over the conveyor for extracting materials that are being transported by the conveyor, and where the magnetic separator arrangement comprises, a container extending under the conveyor and the magnet unit for collecting the material, Para[0205]. Therefore, based on the teachings of Liu and Kaplan, it would be obvious to one of ordinary skill in the art to produce the red mud processing system disclosed in Liu with a magnetic separator to separate the material into ferrous and non-ferrous material.
Xi teaches an acid leaching tank device for red mud acid leaching process and red mud acid leaching process method in the same field of endeavor as the claimed invention. Xi discloses an acid leaching tank device for red mud acid leaching process includes a tank body, a mixer is vertically arranged inside the tank body, a heat exchanger is arranged at the bottom of the tank body, and a feed inlet and a side portion are arranged on the upper side of the tank body. A liquid outlet is provided, and the heat exchanger is connected to the steam pipe and the return water pipe respectively, Para[0010]. Xi teaches that the large accumulation of red mud will occupy a lot of land, and the maintenance cost is high, which increases the production cost of alumina. In addition, the strong alkaline and high salinity red mud waste liquid penetrates underground, causing the surrounding soil salinization and groundwater source pollution; and the exposed red mud is easy to cause dust pollution, endangering the health of humans and other animals, and worsening the ecological environment . Therefore, the comprehensive treatment and utilization of red mud is one of the current research hotspots, Para[0004]. Xi discloses that the technical problem to be solved by the present invention is to provide an acid leaching tank device for red mud acid leaching process and a red mud acid leaching process method for the above-mentioned shortcomings in the prior art, Para[0008]. Therefore, based on the teachings of Liu and Xi, it would be obvious to one of ordinary skill in the art to use the acid leaching tank disclosed in Xi to reduce cost and pollution.
Schwarck teaches passive heat extraction and electricity generation in the same field of endeavor as the claimed invention. Schwarck discloses a geothermal system using a wellbore and a working fluid to transfer heat from one or more naturally occurring or manmade subterranean heat reservoirs, Para[0002]. Schwarck teaches that the present invention is generally directed to a closed-loop system and related methods for harnessing subterranean heat energy from heated subterranean zones for generation of power and other purposes, Para[0008]. Therefore, it would be obvious to one of ordinary skill in the art to use the geothermal system taught by Schwarck to power and heat the red mud processing system disclosed by Liu, Xi, and Kaplan.
Thus, Liu in view of Kaplan further in view of Xi further in view of Schwarck covers all limitations of claim 1.
Claim 4 further limits claim 1 by claiming that one or more geothermally powered motors powered by the heated heat transfer fluid, a secondary heat transfer fluid heated by the heated heat transfer fluid, or electricity generated by the heated heat transfer fluid, wherein the one or more geothermally powered motors are configured to perform one or more of: rotating a mixer in the acid leaching tank; driving a furnace conveyor to move the red mud through the roasting furnace; and driving a magnetic separator conveyor to move the roasted red mud through the separator.
While Liu, Xi, and Schwarck are silent on conveyors, Kaplan teaches conveyors, Para[0205,0207,0208]. Kaplan teaches that the mill, as described earlier, also, and without limitation has a conveyor for transporting the material, Para[0208]. Therefore, it would be obvious to one of ordinary skill in the art to use the conveyors taught by Kaplan in the red mud processing system of Liu, Kaplan, Xi, and Schwarck to transport the materials. Thus, Kaplan teaches the conveyor limitation of claim 4.
While Liu, Kaplan, and Schwarck are silent on a mixer in the acid leaching tank, Xi teaches a mixer vertically arranged inside the tank body, Para[0010]. Xi discloses that the vertical mixer can continuously stir to ensure that the red mud and hydrochloric acid are in full contact during the whole reaction process, Para[0020]. Therefore, it would be obvious to one of ordinary skill in the art to use the mixer disclosed in Xi in the acid leaching tank of the red mud processing system of Liu, Kaplan, Xi, and Schwarck to ensure full contact during the reaction process. Thus, Xi teaches the mixer limitation of claim 4.
Therefore, Liu in view of Kaplan further in view of Xi further in view of Schwarck covers all limitations of claim 4.
Claim 5 further limits claim 1 by claiming one or more heat exchangers configured to circulate the heated heat transfer fluid to perform operations of the red mud processing system, wherein the one or more heat exchangers are configured to perform one or more of: heating the roasting furnace; and heating the acid leaching tank.
Liu discloses heat exchangers configured to heat a roasting furnace, Fig. 7. Therefore, Liu teaches the additional limitation of claim 5. Thus, Liu in view of Kaplan further in view of Xi further in view of Schwarck covers all limitations of claim 5.
Claim 6 further limits claim 1 by claiming a furnace conveyor configured to move the red mud through the roasting furnace during roasting, wherein the roasting furnace is further configured to: reduce iron in the red mud, thereby producing a magnetic form of the iron; and transfer the roasted red mud with the magnetic form of the iron to the separator.
Liu teaches reducing iron in the red mud producing a magnetic form of iron, magnetite, section[5.2]. Thus, Liu covers the iron reduction limitation of claim 6. Therefore, Liu in view of Kaplan further in view of Xi further in view of Schwarck covers all limitations of claim 6.
Claim 7 further limits claim 1 by claiming that the separator is further configured to: receive electricity to power the magnet; move the roasted red mud through the separator during magnetic separation using a magnetic separator conveyor; transfer the magnetite to a magnetite storage vessel; and transfer at least the portion of the iron-depleted red mud to the acid leaching tank.
Liu discloses magnetic separation of roasted red mud that is then acid leached, Fig. 8. Liu also teaches magnetite, section[5.2].
While Liu, Xi, and Schwarck are silent on conveyors, Kaplan teaches conveyors, Para[0205,0207,0208]. Kaplan teaches that the mill, as described earlier, also, and without limitation has a conveyor for transporting the material, Para[0208]. Therefore, it would be obvious to one of ordinary skill in the art to use the conveyors taught by Kaplan in the red mud processing system of Liu, Kaplan, Xi, and Schwarck to transport the material. Thus, Kaplan covers the conveyor limitation of claim 7.
Therefore, Liu in view of Kaplan further in view of Xi further in view of Schwarck covers all limitations of claim 7.
Claim 8 further limits claim 7 by claiming that one or more turbines configured to use the heated heat transfer to generate the electricity used to power the magnet, wherein the generated electricity provides an electric current that induces a magnetic field that can be adjusted to a predefined strength to remove the magnetite from the roasted red mud.
While Liu, Xi, and Schwarck are silent on turbines, Kaplan teaches turbines, Para[0032,0145]. Kaplan teaches that the baffles can contain fixed or revolving turbines, so as to reduce the flow velocity, and or at the same time, the turbines can generate electricity, Para[0362]. Therefore, it would be obvious to one of ordinary skill in the art to use the turbines taught by Kaplan in the red mud processing system of Liu, Kaplan, Xi, and Schwarck to generate electricity. Thus, Kaplan covers the turbine limitation of claim 8.
While Liu, Xi, and Schwarck are silent on magnetic fields, Kaplan teaches magnetic fields, Para[1705,0139]. Kaplan teaches the magnetic field to magnetize metals for enhanced extraction, Para[1705]. Therefore, it would be obvious to one of ordinary skill in the art to use the magnetic field taught by Kaplan in the red mud processing system of Liu, Kaplan, Xi, and Schwarck to enhance extraction. Thus, Kaplan covers the magnetic field limitation of claim 8.
Thus, Liu in view of Kaplan further in view of Xi further in view of Schwarck covers all limitations of claim 8.
Claim 9 further limits claim 1 by claiming that the acid leaching tank is further configured to: receive an acid; receive an organic solvent; combine the received iron-depleted red mud with the leaching solution comprising the received acid and the received organic solvent; and filter the leaching solution to extract the titanium and the scandium.
Liu teaches that at present, the acids used to extract iron from RM are mainly hydrochloric acid, sulfuric acid, phosphoric acid and nitric acid, as well as organic acid oxalic acid. Generally, one of these acids or the combination of two or more of these acids is used, section[5.3]. Liu discloses oxalic acid as the leaching agent, considered equivalent to the claimed organic solvent, section[5.3]. Liu also teaches filtering of the leaching solution, Fig. 8. Therefore, Liu covers the additional limitations of claim 9. Thus, Liu in view of Kaplan further in view of Xi further in view of Schwarck covers all limitations of claim 9.
Claims 2, 3, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao Liu, et al., "Characteristic, hazard and iron recovery technology of red mud - A critical review", Journal of Hazardous Materials, Volume 420, 2021, 126542, ISSN 0304-3894 in view of US20160045841 of Kaplan further in view of CN110935413 of Xi further in view of US9121393 of Schwarck further in view of Dongshuai Hou, et al, "Sustainable use of red mud in ultra-high performance concrete (UHPC): Design and performance evaluation", Cement and Concrete Composites, Volume 115, 2021,103862, ISSN 0958-9465.
Claim 2 further limits claim 1 by claiming a construction material pipeline comprising a series of vessels configured to: receive at least a portion of the metal-depleted red mud; heat the received metal-depleted red mud using the heated heat transfer fluid; and produce construction materials using the heated metal-depleted red mud.
While Liu, Xi, and Schwarck are silent on the use of red mud products for construction materials, Kaplan teaches that the red mud by product is used in the manufacture of high-performance concretes, especially those used in the construction of bridges and coastal features, where its low permeability and greater resistance to chlorides and sulfates can help to reduce corrosive action and deterioration of the structure, Para[0493].
Hou teaches sustainable use of red mud in ultra-high-performance concrete (UHPC): design and performance evaluation in the same field of endeavor as the claimed invention. Hou discloses that recently, the use of construction and demolition waste (CDW, with a similar chemical composition to red mud) in preparing UHPC has been reported, and comparable strength can be generated with up to 25% CDW addition, section[1.0].
Therefore, based on the teachings of Kaplan and Hou, it would be obvious to one of ordinary skill in the art to use the red mud processing system of Liu, Kaplan, Xi, and Schwarck in the production of construction materials to achieve a product with great resistance to chlorides and comparable strength to UHPC. Thus, Liu in view of Kaplan further in view of Xi further in view of Schwarck further in view of Hou covers all limitations of claim 2.
Claim 3 further limits claim 2 by claiming that one or more geothermally powered motors wherein the geothermally powered motors are powered by the heated heat transfer fluid, a secondary heat transfer fluid heated by the heated heat transfer fluid, or electricity generated by the heated heat transfer fluid, wherein the one or more geothermally powered motors are configured to drive a pipeline conveyor to move the metal-depleted red mud through the construction material pipeline.
While Liu, Xi, Schwarck, and Hou are silent on conveyors, Kaplan teaches conveyors, Para[0205,0207,0208]. Kaplan teaches that the mill, as described earlier, also, and without limitation has a conveyor for transporting the material, Para[0208]. Therefore, it would be obvious to one of ordinary skill in the art to use the conveyors taught by Kaplan in the red mud processing system of Liu, Kaplan, Xi, and Schwarck to transport the material. Thus, Kaplan teaches the conveyor limitation of claim 3. Therefore, Liu in view of Kaplan further in view of Xi further in view of Schwarck further in view of Hou covers all limitations of claim 3.
Claim 10 further limits claim 2 by claiming that the construction material pipeline is further configured to: move the received metal-depleted red mud through the construction material pipeline using a pipeline conveyor; and transfer the heated metal-depleted red mud to a series of vessels along the pipeline to be mixed with additives in appropriate amounts to produce the construction materials.
While Liu, Xi, Schwarck, and Hou are silent on conveyors, Kaplan teaches conveyors, Para[0205,0207,0208]. Kaplan teaches that the mill, as described earlier, also, and without limitation has a conveyor for transporting the material, Para[0208]. Therefore, it would be obvious to one of ordinary skill in the art to use the conveyors taught by Kaplan in the red mud processing system of Liu, Kaplan, Xi, and Schwarck to transport the material. Thus, Kaplan teaches the conveyor limitation of claim 10. Therefore, Liu in view of Kaplan further in view of Xi further in view of Schwarck further in view of Hou covers all limitations of claim 10.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Xiao Liu, et al., "Characteristic, hazard and iron recovery technology of red mud - A critical review", Journal of Hazardous Materials, Volume 420, 2021, 126542, ISSN 0304-3894 in view of US20160045841 of Kaplan further in view of CN110935413 of Xi further in view of US9121393 of Schwarck further in view of WO2015058239 of Morris.
Claim 11 further limits claim 1 by claiming that the system is configured to use geothermally sourced heat and/or electricity to extract one or more of: iron in the form of magnetite produced from heating and reducing hematite during the roasting of the red mud; iron in the form of minor oxide phases and hydroxide phases produced during the roasting of the red mud; and titanium and scandium in oxide phases produced by leaching in the leaching solution.
Liu teaches magnetite produced from heating and reducing hematite during the roasting of the red mud, section[5.2]. Liu also teaches iron oxide, section[5.1,5.2.2]. Liu, Kaplan, Xi, and Schwarck are silent on hydroxide phases and titanium and scandium in oxide phases.
Morris teaches deriving high value products from waste red mud in the same field of endeavor as the claimed invention. Morris teaches titanium oxide, Para[0020], and hydroxides, Para[0003]. Morris discloses that the reclamation of iron oxides has proven successful, as has recovery of titanium employing sulphuric acid leaching followed by magnetic separation, Para[0006]. Morris teaches that a toxic by-product of the Bayer process, red mud has proven problematic in industry for several decades. The substance is generated as a waste product during the production of alumina. For every tonne of alumina produced, 1 to 2 tonnes of red mud are created as a waste stream. Current estimates put the global red mud stocks a! 2.5 to 3 billion tonnes. World output is estimated at 50 million tonnes per annum, with Australia the biggest contributor (its output is up to 25 million tonnes per annum). It is estimated that demand for alumina will increase over the following decades, from a combination of developing economies and emerging technologies. The problem of what to do with red mud is therefore a major issue, Para[0004]. Therefore, based on the teachings of Liu and Morris, it would be obvious to one of ordinary skill in the art to produce iron in the form of minor oxide phases and hydroxide phases and titanium and scandium in oxide phases from the red mud due to the abundance of red mud as a byproduct of industry. Thus, Liu in view of Kaplan further in view of Xi further in view of Schwarck further in view of Morris covers all limitations of claim 11.
Conclusion
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/Keith D. Hendricks/Supervisory Patent Examiner, Art Unit 1733
/JACOB BENJAMIN STILES/ Examiner, Art Unit 1733