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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/22/2026 has been entered.
Allowable Subject Matter
The indicated allowability of the claims is withdrawn in view of the newly discovered references to Oraby et al (US 2020/0172994 A1) and Oraby et al (US 2020/0224290 A1). Rejections based on the newly cited references follow.
Status of Claims
Claim 1 is currently amended, Claims 2, 4, 6, 8, 9, 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 § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4, 6, 8, 9, 11, and 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Oraby et al (US 2020/0172994 A1).
Oraby et al ‘994 teaches recovering precious metals and chalcophile metals from materials such as ore, ore concentrate, intermediates from mining processes, or tailings [0001]. Regarding (i), the process includes contacting the material with an alkaline solution containing a lixiviant comprising an amino acid or derivative thereof and an alkali stable transition metal complex to form a leachate containing the precious metal and/or chalcophile metal. The precious and/or chalcophile metal is recovered from the leachate [0008]. Transition metals are typically insoluble in aqueous amino acid solutions under alkaline conditions as they normally precipitate as oxides or hydroxides [0025]. The alkali-stable transition metal complexes are introduced into the amino acid leaching solutions and accelerated leaching of precious and chalcophile metals [0026]. The alkaline solution comprising an amino acid reads on “a metal liberator.” The alkali stable transition metal complex reads on “a metal retainer” and includes carboxylic and dicarboxylic acid salts, hydroxy-carboxylic acids and their salts, and ethylene diamine tetra-acetic acid (EDTA) and its salts [0031-0033].
Regarding (ii), the metals include gold, silver, palladium, platinum, copper, nickel, cobalt, and zinc [0002-0003]. The alkali stable transition metal complex is present less than 5 g/L and as low as 1 g/L [0037]. Oraby et al ‘994 does not specifically identify the solution concentration for different alkali stable transition metal complexes as claimed. The concentration 0.001 mol/L (M) for different molecules are represented below in g/L based on Claim 1 and the molecules in Oraby et al ‘994 as evidenced by the references below:
Molecule
Molar mass (g/mol)
mol/L (M)
Lower Limit
Upper Limit
malonic acid1
104.06
0.0096
0.048
gluconic acid2
196.16
0.0050
0.025
citric acid1
192.12
0.0052
0.026
tartaric acid1
150.09
0.0067
0.033
lactic acid1
90.08
0.011
0.056
malic acid3
134.09
0.0074
0.037
EDTA3
292.24
0.0034
0.017
1 Matmake
2 ChemicalAid
3 NIST
The transition metal can also be partially substituted by one or more of ammonium ions [0036]. Therefore, Oraby et al ‘994 teaches at least 0.001 mol/L as claimed. In the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness exists because the prior art discloses the utility of the composition over the entire disclosed range. See MPEP § 2144.05.
Regarding Claim 2, the amino acids include glycine, histidine, valine, alanine, phenylalanine, cysteine, aspartic acid, glutamic acid, lysine, methionine, serine, threonine, and tyrosine [0012].
Regarding Claim 3, the amino acid includes glycine and glutamic acid [0012].
Regarding Claim 4, the concentration of amino acid is 0.1 g/L to 250 g/L [0013].
Regarding Claim 6, Oraby et al ‘994 does not teach the concentration of ammonium ions [0036]. However, Oraby et al ‘994 suggests the claimed range of 6 mmol/L and 5 mol/L, since a particular parameter must first be recognized as a result-effective variable, i.e., a variable which achieves a recognized result, before the determination of the optimum or workable ranges of said variable might be characterized as routine experimentation; therefore, a prima facie case of obviousness exists. See MPEP § 2144.05 II B. In this case, Oraby et al ‘994 teaches including ammonium ion combined with amino acids to partially substitute the transition metal [0036] and thus in an amount to carry out that function.
Regarding Claim 8, the concentration of the transition metal complex is less than 50 g/L [0037], and the sample concentration of metals in the solution are represented in TABLE 1 and represented below in terms of mol/L:
Metal
Molar mass (g/mol)
mol/L (M)
Au
196.967
0.254
Cu
63.546
0.787
Co
58.933
0.848
Ni
58.693
0.852
Zn
65.38
0.765
Oraby et al ‘994 teaches the claimed ratio range since the concentration of the alkali stable transition metal complexes ranges from 0.05 g/L to less than 50 g/L [0037].
Regarding Claim 9, leaching is conducted in the presence of an oxidant including air and oxygen [0042].
Regarding Claim 11, leaching is alkaline [0027].
Regarding Claim 13, the material is an ore, ore concentrate, intermediates from mining processing, scrap materials or soil [0001].
Regarding Claim 14, non-precious metals are recovered [0003].
Regarding Claim 15, non-precious metals include nickel, cobalt, and copper [0003].
Regarding Claim 16, non-precious metals include nickel and cobalt [0003].
Regarding Claim 17, FIG 5 teaches copper containing ore [0051, 0063]; another ore contains nickel and copper [0075].
Regarding Claim 18, non-precious metals include copper [0003].
Regarding Claim 19, the waste includes electronic scrap [0001].
Regarding Claim 20, Oraby et al ‘994 does not teach a dissolved oxygen concentration of 0.1-100 mg/L as claimed. However, Oraby et al ‘994 suggests this claimed range, since a particular parameter must first be recognized as a result-effective variable, i.e., a variable which achieves a recognized result, before the determination of the optimum or workable ranges of said variable might be characterized as routine experimentation; therefore, a prima facie case of obviousness exists. See MPEP § 2144.05 II B. In this case, Oraby et al ‘994 teaches an oxidant to oxidize a lower oxidation state of the transition metal to its higher oxidation state [0042] and thus in an amount sufficient to carry out that function.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Oraby et al ‘994 as applied to claims 1 and 6 above, and further in view of Dixon et al (US 2012/0067174 A1).
Oraby et al ‘994 discloses the invention substantially as claimed. However, Oraby et al ‘994 does not teach ammonium salts as recited in Claim 7.
Dixon et al teaches extracting nickel from a nickel-containing source with an iron-complexing agent including a hydroxy-carboxylic acid [0010] in an alkaline pH [0012] with ammonia in the form of salts including carbonate, chloride, iodide, fluoride, bromide, and sulfate [0049]. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use the ammonium salts in Oraby et al ‘994 as taught by Dixon et al, since Dixon et al teaches ammonium salts sufficient for extracting nickel along with carboxylic acids.
Claims 1-4, 8, 9, 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Oraby et al (US 2020/0224290 A1).
Oraby et al ‘290 teaches recovering precious metals and chalcophile metals. Regarding (i), the recovery includes leaching with an aqueous solution comprising am amino acid-thiourea compound to enhance the rate and extent of metal dissolution [0009]. The leachate contains precious metal and/or chalcophile metal [0014], which reads on a metal liberator. Additional reagents may be added to increase the stability of ferric ions including EDTA, gluconic acid, oxalate, hydroxycarboxylic acids, and organic carboxylic acids with at least one hydroxide group [0021] to form a complex [0026], which reads on a metal retainer.
Regarding (ii), precious metal and/or chalcophile are recovered [0015]. Oraby et al ‘290 teaches stabilizing complexing agent may be present in less than 5 g/L and at a minimum of 0.1 g/L. The stabilizing complexing agents include oxalate, oxalic acid, lactic acid, citric acid tartaric acid, gluconic acid, succinic acid, salts thereof and EDTA [0026]. The concentration of 0.001 mol/L (M) for different molecules are represented below in g/L based on Claim 1 and the molecules in Oraby et al ‘994 as evidenced by the references below:
Molecule
Molar mass (g/mol)
mol/L (M)
Lower Limit
Upper Limit
oxalic acid1
90.03
0.0011
0.056
gluconic acid2
196.16
0.00051
0.025
citric acid1
192.12
0.00052
0.026
tartaric acid1
150.09
0.00067
0.033
lactic acid1
90.08
0.0011
0.056
succinic acid1
118.09
0.00074
0.042
EDTA3
292.24
0.00034
0.017
1 Matmake
2 ChemicalAid
3 NIST
Therefore, Oraby et al ‘290 teaches at least 0.001 mol/L as claimed. In the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness exists because the prior art discloses the utility of the composition over the entire disclosed range. See MPEP § 2144.05. The precious and chalcophile metals include gold, silver, palladium, platinum, copper, nickel, cobalt, and zinc [0002-0003].
Regarding Claim 2, the amino acids include glycine, histidine, valine, alanine, phenylalanine, cysteine, aspartic acid, glutamic acid, lysine, methionine, serine, threonine, and tyrosine [0017].
Regarding Claim 3, the amino acids include glycine and glutamic acid [0017].
Regarding Claim 4, the amino concentration is 0.01-250 g/ L [0041].
Regarding Claim 8, the ratio of metal to the acidic lixiviant is 100:1 to 1:1 [0049], and the concentration of the stabilizing complexing agent is less than 10 g/L [0058], which reads on the claimed range of at least 1:2 to 1:8 as claimed.
Regarding Claim 9, leaching may be conducted in the presence of an oxidant [0020].
Regarding Claim 12, the leaching is conducted in acidic conditions [0046].
Regarding Claim 13, the material includes ore, ore concentrate, waste material [0001], mining material and soil [0023].
Regarding Claim 14, the target metals include non-precious metal [0002].
Regarding Claim 15, the metals include nickel, cobalt, and copper [0003].
Regarding Claim 16, the metals include nickel and cobalt [0003].
Regarding Claim 17, the material includes chalcophile metal ores [0004], which includes nickel and cobalt ore.
Regarding Claim 18, the metal includes copper [0003].
Regarding Claim 19, the material includes electronic scrap [0001].
Regarding Claim 20, Oraby et al ‘290 does not teach a dissolved oxygen concentration of 0.1-100 mg/L as claimed. However, Oraby et al ‘290 suggests this claimed range, since a particular parameter must first be recognized as a result-effective variable, i.e., a variable which achieves a recognized result, before the determination of the optimum or workable ranges of said variable might be characterized as routine experimentation; therefore, a prima facie case of obviousness exists. See MPEP § 2144.05 II B. In this case, Oraby et al ‘290 teaches an oxidant to oxidize a lower oxidation state of the transition metal to its higher oxidation state [0020] and thus in an amount sufficient to carry out that function.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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
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