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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/07/2026 was filed after the mailing date of the non-final rejection on 09/16/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
Status of Claims
Claims 1, 8, and 9 are currently amended, Claims 2, 4, 6, 11-13, and 16-20 are as previously presented, Claims 3, 7, 14, and 15 are as originally filed, and Claims 5, 10, 21, and 22 are canceled.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL - The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-4, 6-9, and 11-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 1 recites the following in lines 6-8:
… a metal liberator comprising an amino acid or its derivative that functions to liberate the target metal from the material to form liberated ions of the target metal that form aqueous complexes with the amino acid or derivative [emphasis added] …
The specification as originally filed does not teach that the amino acid or derivatives form aqueous complexes. On page 3, lines 16-23, the metal liberator liberates the target metal to form liberated ions, and the metal retainer complexes with liberated ions. The instant claims recite forming two complexes: one with the amino acid or its derivative and one with the metal retainer comprising at least 0.001 M of one or more of carboxylic acids, carboxylic aid salts, dicarboxylic acid salts, hydroxy-carboxylic acids, hydroxy-carboxylic acid salts, ethylene diamine tetra-acetic acid (EDTA) and EDTA salts.
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 1-4, 6-9, and 11-20 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 forming two complexes: one with the amino acid or its derivative and one with the metal retainer comprising at least 0.001 M of one or more of carboxylic acids, carboxylic aid salts, dicarboxylic acid salts, hydroxy-carboxylic acids, hydroxy-carboxylic acid salts, ethylene diamine tetra-acetic acid (EDTA) and EDTA salts and 6 mmol/mol to 5 mol/L of one or more of ammonia or ammonium salts. It is not clear if the liberated ions in line 7 and in lines 12 and 13 are the same or if they are different ions.
Claims dependent on any of the rejected claims are likewise rejected under this statute.
Allowable Subject Matter
Claims 1-4, 6-9, and 11-20 are free from prior art rejected as presented.
Clough (US 5,279,803) teaches recovery precious metal from carbonaceous ores with glycine. However, Clough does not suggest a ligand complex has the claimed composition of at least 0.001 M of one or more of carboxylic acids, carboxylic aid salts, dicarboxylic acid salts, hydroxy-carboxylic acids, hydroxy-carboxylic acid salts, ethylene diamine tetra-acetic acid (EDTA) and EDTA salts and 6 mmol/mol to 5 mol/L of one or more of ammonia or ammonium salts. Clough teaches a mold ratio of vanadium to ligand (column 5, lines 25 and 26) and a concentration of metal complex in ppm (lines 60-65).
Feng et al teaches using amino acids in thiosulfate leaching of gold. Amino acids have the ability to complex heavy metals such as Cu2+ and have stronger abilities than ammonia (page 1022). EDTA effectively stabilizes thiosulfate via its complexation with Cu2+ and amino acids are a good alternative. Feng et al does not suggest the claimed composition of at least 0.001 M of one or more of carboxylic acids, carboxylic aid salts, dicarboxylic acid salts, hydroxy-carboxylic acids, hydroxy-carboxylic acid salts, ethylene diamine tetra-acetic acid (EDTA) and EDTA salts and 6 mmol/mol to 5 mol/L of one or more of ammonia or ammonium salts.
CN 111041207 A (CN ‘207), cited in the previous office action, does not suggest the claimed composition of at least 0.001 M of one or more of carboxylic acids, carboxylic aid salts, dicarboxylic acid salts, hydroxy-carboxylic acids, hydroxy-carboxylic acid salts, ethylene diamine tetra-acetic acid (EDTA) and EDTA salts and 6 mmol/mol to 5 mol/L of one or more of ammonia or ammonium salts. CN ‘207 teaches a complexing agent comprising ammonium salts and EDTA (page 4) but does not suggest the claimed composition range.
CN 109652644 A (CN ‘644), cited in the previous office action, does not suggest that (NH4)2CO3 is a complexing agent; (NH4)3CO3 is used as a catalyst (page 2).
WO 2019/060961 A1 (WO ‘961), cited in the previous office action, teaches NH4+ salts may be combined with amino acids in the lixiviant with thiourea (page 4, lines 14-27). The complexing/chelating agents with ferric ions include additional reagents such as EDTA and hydroxycarboxylic acids (page 6, lines 19-22). However, CN ‘644 does not suggest at least 0.001 M of one or more of carboxylic acids, carboxylic aid salts, dicarboxylic acid salts, hydroxy-carboxylic acids, hydroxy-carboxylic acid salts, ethylene diamine tetra-acetic acid (EDTA) and EDTA salts and 6 mmol/mol to 5 mol/L of one or more of ammonia or ammonium salts.
WO 2019/033154 A1 (WO ‘154), cited in the previous office action, teaches a mixture of amino acid and NH4+ (page 7, lines 12-16) but does not suggest of at least 0.001 M of one or more of carboxylic acids, carboxylic aid salts, dicarboxylic acid salts, hydroxy-carboxylic acids, hydroxy-carboxylic acid salts, ethylene diamine tetra-acetic acid (EDTA) and EDTA salts and 6 mmol/mol to 5 mol/L of one or more of ammonia or ammonium salts.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tima M. McGuthry-Banks whose telephone number is (571)272-2744. The examiner can normally be reached Monday through Friday, 7:30 am to 4:00 pm.
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Tima M. McGuthry-Banks
Primary Examiner
Art Unit 1733
/TIMA M. MCGUTHRY-BANKS/Primary Examiner, Art Unit 1733