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 .
Status of Claims
Claims 1-9, 12-16 and 18-23 are currently pending
Claims 24-32, 35-39 and 41-46 were previously withdrawn from consideration
Claims 10-11, 17, 33-34 and 40 were previously currently canceled
Claims 1, 3, 7-8, 13, 15-16, 19 and 23 are currently amended
Claims 1-9, 12-16 and 18-23 are currently rejected
Information Disclosure Statement
The Information Disclosure Statement filed on 05/21/2026 is in compliance with the provisions of 37 CFR 1.97 and has been considered. An initialed copy of the Form 1449 is enclosed herewith.
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.
Claim 13 is 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 13 recites the limitation "that is a Starmerella spp. yeast or Candida spp. yeast” on line 3. It is unclear and confusing whether Applicant is trying to refer to the same ‘a Starmerella spp. yeast or Candida spp. yeast.’ as recited on lines 8-9 of claim 1, or a different yeast? FURTHERMORE, claim 13 recites the limitation “of the microbe.” on line 4. It is unclear and confusing which microbe Applicant is referring to, the microbe-based product or the biosurfactant-producing microbe?
Claim Rejections - 35 USC § 103
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.
Claims 1-9, 12-16 and 18-23 are rejected under 35 U.S.C. 103 as being unpatentable over Yoon et al. (U.S. 4,981,582) (hereinafter “Yoon”) in view of FARMER et al. (U.S. 2018/0272396 A1) (hereinafter “Farmer”).
Regarding Claim 1:
Yoon teaches a method for extracting a target metal or a mineral from particles of a source comprising the target metal or the mineral and gangue (see Yoon FIGS. 6 and 21-22) (see Yoon col. 1 lines 12-16) (see Yoon col. 4 lines 5-12 – “…primarily with respect to coal and its flotation by microbubbles, it also can apply to other minerals…the separation with the gangue being the fraction that is floated away…usually air is the gas…”) (see Yoon col. 8 lines 1-10) (see Yoon col. 9 lines 48-53 further describing coal flotation techniques and coal slurry and solids percentages) (see Yoon col. 10 lines 33-39 further describing ash content and coal particles) (see Yoon col. 11 lines 4-67), the method comprising:
applying the particles of the source to a liquid medium to form a slurry (see Yoon FIG. 6, feed slurry entering via pipe 36) (see Yoon FIGS. 21-22) (see Yoon col. 1 lines 12-16) (see Yoon col. 4 lines 5-12 – “…primarily with respect to coal and its flotation by microbubbles, it also can apply to other minerals…the separation with the gangue being the fraction that is floated away…usually air is the gas…”) (see Yoon col. 8 lines 1-10) (see Yoon col. 9 lines 48-53 further describing coal flotation techniques and coal slurry and solids percentages) (see Yoon col. 10 lines 33-39 further describing ash content and coal particles) (see Yoon col. 11 lines 4-67), and
supplying air bubbles to the slurry (see Yoon FIG. 6, microbubble inlet 43) (see Yoon FIGS. 21-22) (see Yoon col. 1 lines 12-16) (see Yoon col. 4 lines 5-12 – “…primarily with respect to coal and its flotation by microbubbles, it also can apply to other minerals…the separation with the gangue being the fraction that is floated away…usually air is the gas…”) (see Yoon col. 8 lines 1-10) (see Yoon col. 9 lines 48-53 further describing coal flotation techniques and coal slurry and solids percentages) (see Yoon col. 10 lines 33-39 further describing ash content and coal particles) (see Yoon col. 11 lines 4-67),
wherein the target metal or the mineral separate from the gangue to form a concentrate (see Yoon FIG. 6, concentrate 40) (see Yoon col. 11 lines 4-67), wherein the concentrate attaches to the air bubbles and floats to a surface of the slurry (see Yoon col. 11 lines 4-67), thereby forming a froth layer comprising the concentrate (see Yoon FIG. 6, a froth zone 41), and wherein the gangue remains in the slurry as tailings (see Yoon FIG. 6, tailings 42) (see Yoon FIGS. 21-22) (see Yoon col. 1 lines 12-16) (see Yoon col. 4 lines 5-12 – “…primarily with respect to coal and its flotation by microbubbles, it also can apply to other minerals…the separation with the gangue being the fraction that is floated away…usually air is the gas…”) (see Yoon col. 8 lines 1-10) (see Yoon col. 9 lines 48-53 further describing coal flotation techniques and coal slurry and solids percentages) (see Yoon col. 10 lines 33-39 further describing ash content and coal particles) (see Yoon col. 11 lines 4-67).
Yoon teaches applying a wash water to the slurry (see Yoon FIG. 6, wash water 37 entering column via arms 34) (see Yoon col. 11 lines 4-67); however, Yoon does not explicitly teach applying a microbe-based product comprising a biosurfactant to the slurry, wherein the microbe-based product is produced by a Starmerella spp. yeast or Candida spp. yeast, as recited in amended, independent claim 1.
Farmer further teaches a similar extraction system and method including applying a microbe-based product comprising a biosurfactant to a fluid source (slurry) (see Farmer paragraphs 19, 21-22, 87, 149-150, 153 and 156-158), wherein the microbe-based product is produced by a Starmerella spp. yeast or Candida spp. yeast (see Farmer paragraph 150).
Yoon and Farmer are analogous inventions in the art of teaching a treatment system and method. It would have been obvious before the effective filing date of the claimed invention to one of ordinary skilled in the art to modify the treatment system and method of Yoon to add a microbe-based product comprising a biosurfactant to the slurry, wherein the microbe-based product is produced by a Starmerella spp. yeast or Candida spp. yeast, as taught by Farmer, in order to efficiently and effectively extract the target metal or the mineral via the froth layer (see Farmer paragraphs 19, 21-22, 87, 149-150, 153 and 156-158).
Regarding Claim 2:
The combination of Yoon in view of Farmer teaches the method of claim 1, wherein Yoon further teaches the source is coal fly ash (see Yoon FIGS. 6 and 21-22) (see Yoon col. 1 lines 12-16) (see Yoon col. 4 lines 5-12 – “…primarily with respect to coal and its flotation by microbubbles, it also can apply to other minerals…the separation with the gangue being the fraction that is floated away…usually air is the gas…”) (see Yoon col. 8 lines 1-10) (see Yoon col. 9 lines 48-53 further describing coal flotation techniques and coal slurry and solids percentages) (see Yoon col. 10 lines 33-39 further describing ash content and coal particles) (see Yoon col. 11 lines 4-67).
Regarding Claim 3:
The combination of Yoon in view of Farmer teaches the method of claim 2, wherein Yoon further teaches the coal fly ash is obtained from combustion of anthracite coal (see Yoon FIGS. 6 and 21-22) (see Yoon col. 1 lines 12-16) (see Yoon col. 4 lines 5-12 – “…primarily with respect to coal and its flotation by microbubbles, it also can apply to other minerals…the separation with the gangue being the fraction that is floated away…usually air is the gas…”) (see Yoon col. 8 lines 1-10) (see Yoon col. 9 lines 48-53 further describing coal flotation techniques and coal slurry and solids percentages) (see Yoon col. 10 lines 33-39 further describing ash content and coal particles) (see Yoon col. 11 lines 4-67).
Regarding Claim 4:
The combination of Yoon in view of Farmer teaches the method of claim 1, wherein Yoon further teaches the source is a mine or a quarry (see Yoon FIGS. 6 and 21-22) (see Yoon col. 1 lines 12-16) (see Yoon col. 4 lines 5-12 – “…primarily with respect to coal and its flotation by microbubbles, it also can apply to other minerals…the separation with the gangue being the fraction that is floated away…usually air is the gas…”) (see Yoon col. 8 lines 1-10) (see Yoon col. 9 lines 48-53 further describing coal flotation techniques and coal slurry and solids percentages) (see Yoon col. 10 lines 33-39 further describing ash content and coal particles) (see Yoon col. 11 lines 4-67) (see Yoon col. 16 lines 29-44).
Regarding Claim 5:
The combination of Yoon in view of Farmer teaches the method of claim 4, wherein Yoon further teaches the mine is a coal mine, iron ore mine, copper mine, copper-nickel mine, tin mine, nickel mine, gold mine, silver mine, molybdenum mine, aluminum mine, lead-zinc mine, tungsten mine, zinc mine, ruthenium mine, palladium mine, osmium mine, iridium mine, osmiridium mine, or platinum mine (see Yoon FIGS. 6 and 21-22) (see Yoon col. 1 lines 12-16) (see Yoon col. 4 lines 5-12 – “…primarily with respect to coal and its flotation by microbubbles, it also can apply to other minerals…the separation with the gangue being the fraction that is floated away…usually air is the gas…”) (see Yoon col. 8 lines 1-10) (see Yoon col. 9 lines 48-53 further describing coal flotation techniques and coal slurry and solids percentages) (see Yoon col. 10 lines 33-39 further describing ash content and coal particles) (see Yoon col. 11 lines 4-67) (see Yoon col. 16 lines 29-44).
Regarding Claim 6:
The combination of Yoon in view of Farmer teaches the method of claim 4, wherein Yoon further teaches the quarry contains chalk, clay, cinder, coal, sand, gravel, coquina, diabase, gabbro, granite, gritstone, gypsum, limestone, marble, ores, phosphate rock, quartz, sandstone, slate, travertine, or any combination thereof (see Yoon FIGS. 6 and 21-22) (see Yoon col. 1 lines 12-16) (see Yoon col. 4 lines 5-12 – “…primarily with respect to coal and its flotation by microbubbles, it also can apply to other minerals…the separation with the gangue being the fraction that is floated away…usually air is the gas…”) (see Yoon col. 8 lines 1-10) (see Yoon col. 9 lines 48-53 further describing coal flotation techniques and coal slurry and solids percentages) (see Yoon col. 10 lines 33-39 further describing ash content and coal particles) (see Yoon col. 11 lines 4-67) (see Yoon col. 16 lines 29-44).
Regarding Claim 7:
The combination of Yoon in view of Farmer teaches the method of claim 1, wherein Yoon further teaches the target metal or the mineral is gold, silver, a platinum group metal, or a rare earth metal (see Yoon FIGS. 6 and 21-22) (see Yoon col. 1 lines 12-16) (see Yoon col. 4 lines 5-12 – “…primarily with respect to coal and its flotation by microbubbles, it also can apply to other minerals…the separation with the gangue being the fraction that is floated away…usually air is the gas…”) (see Yoon col. 8 lines 1-10) (see Yoon col. 9 lines 48-53 further describing coal flotation techniques and coal slurry and solids percentages) (see Yoon col. 10 lines 33-39 further describing ash content and coal particles) (see Yoon col. 11 lines 4-67) (see Yoon col. 16 lines 29-44).
Regarding Claim 8:
The combination of Yoon in view of Farmer teaches the method of claim 1, wherein Yoon further teaches the target metal or the mineral is iron or an iron-bearing mineral (see Yoon FIGS. 6 and 21-22) (see Yoon col. 1 lines 12-16) (see Yoon col. 4 lines 5-12 – “…primarily with respect to coal and its flotation by microbubbles, it also can apply to other minerals…the separation with the gangue being the fraction that is floated away…usually air is the gas…”) (see Yoon col. 8 lines 1-10) (see Yoon col. 9 lines 48-53 further describing coal flotation techniques and coal slurry and solids percentages) (see Yoon col. 10 lines 33-39 further describing ash content and coal particles) (see Yoon col. 11 lines 4-67) (see Yoon col. 16 lines 29-44).
Regarding Claim 9:
The combination of Yoon in view of Farmer teaches the method of claim 8, wherein Yoon further teaches the iron-bearing mineral is hematite, goethite, magnetite, martite, limonite, or any combination thereof (see Yoon FIGS. 6 and 21-22) (see Yoon col. 1 lines 12-16) (see Yoon col. 4 lines 5-12 – “…primarily with respect to coal and its flotation by microbubbles, it also can apply to other minerals…the separation with the gangue being the fraction that is floated away…usually air is the gas…”) (see Yoon col. 8 lines 1-10) (see Yoon col. 9 lines 48-53 further describing coal flotation techniques and coal slurry and solids percentages) (see Yoon col. 10 lines 33-39 further describing ash content and coal particles) (see Yoon col. 11 lines 4-67) (see Yoon col. 16 lines 29-44).
Regarding Claim 12:
The combination of Yoon in view of Farmer teaches the method of claim 1, wherein Yoon further teaches the air bubbles are supplied to the slurry via an air sparging system (see Yoon FIG. 6, microbubble inlet 43) (see Yoon FIGS. 21-22) (see Yoon col. 1 lines 12-16) (see Yoon col. 4 lines 5-12 – “…primarily with respect to coal and its flotation by microbubbles, it also can apply to other minerals…the separation with the gangue being the fraction that is floated away…usually air is the gas…”) (see Yoon col. 8 lines 1-10) (see Yoon col. 9 lines 48-53 further describing coal flotation techniques and coal slurry and solids percentages) (see Yoon col. 10 lines 33-39 further describing ash content and coal particles) (see Yoon col. 11 lines 4-67).
Regarding Claim 13:
The combination of Yoon in view of Farmer teaches the method of claim I, wherein Farmer further teaches the microbe-based product comprises, in addition to the biosurfactant, a broth in which a biosurfactant-producing microbe that is a Starmerella spp. yeast or Candida spp. yeast was cultivated, said broth optionally comprising cells and/or cellular matter of the microbe (see Farmer paragraphs 19, 21-22, 87, 149-150, 153 and 156-158).
Yoon and Farmer are analogous inventions in the art of teaching a treatment system and method. It would have been obvious before the effective filing date of the claimed invention to one of ordinary skilled in the art to modify the treatment system and method of Yoon to add a microbe-based product comprising a biosurfactant to the slurry of Yoon, as taught by Farmer, in order to efficiently and effectively extract the target metal or the mineral via the froth layer (see Farmer paragraphs 19, 21-22, 87, 149-150, 153 and 156-158).
Regarding Claim 14:
The combination of Yoon in view of Farmer teaches the method of claim 1, wherein Farmer further teaches the microbe-based product comprises a purified biosurfactant (see Farmer paragraphs 19, 21-22, 87, 149-150, 153 and 156-158).
Yoon and Farmer are analogous inventions in the art of teaching a treatment system and method. It would have been obvious before the effective filing date of the claimed invention to one of ordinary skilled in the art to modify the treatment system and method of Yoon to add a microbe-based product comprising a biosurfactant to the slurry of Yoon, as taught by Farmer, in order to efficiently and effectively extract the target metal or the mineral via the froth layer (see Farmer paragraphs 19, 21-22, 87, 149-150, 153 and 156-158).
Regarding Claim 15:
The combination of Yoon in view of Farmer teaches the method of claim 1, wherein Farmer further teaches the microbe-based product comprises a glycolipid biosurfactant, said glycolipid biosurfactant selected from sophorolipids, mannosylerythritol lipids, trehalose lipids and rhamnolipids (see Farmer paragraphs 19, 21-22, 87, 149-150, 153 and 156-158).
Yoon and Farmer are analogous inventions in the art of teaching a treatment system and method. It would have been obvious before the effective filing date of the claimed invention to one of ordinary skilled in the art to modify the treatment system and method of Yoon to add a microbe-based product comprising a biosurfactant to the slurry of Yoon, as taught by Farmer, in order to efficiently and effectively extract the target metal or the mineral via the froth layer (see Farmer paragraphs 19, 21-22, 87, 149-150, 153 and 156-158).
Regarding Claim 16:
The combination of Yoon in view of Farmer teaches the method of claim 15, wherein Farmer further teaches the glycolipid biosurfactant is a linear sophorolipid or a lactonic sophorolipid (see Farmer paragraphs 19, 21-22, 87, 149-150, 153 and 156-158).
Yoon and Farmer are analogous inventions in the art of teaching a treatment system and method. It would have been obvious before the effective filing date of the claimed invention to one of ordinary skilled in the art to modify the treatment system and method of Yoon to add a microbe-based product comprising a biosurfactant to the slurry of Yoon, as taught by Farmer, in order to efficiently and effectively extract the target metal or the mineral via the froth layer (see Farmer paragraphs 19, 21-22, 87, 149-150, 153 and 156-158).
Regarding Claim 18:
The combination of Yoon in view of Farmer teaches the method of claim 1, wherein Yoon further teaches applying a frother and/or a collector to the slurry with the microbe-based product (see Yoon FIGS. 6 and 21-22) (see Yoon col. 1 lines 12-16) (see Yoon col. 4 lines 5-12 – “…primarily with respect to coal and its flotation by microbubbles, it also can apply to other minerals…the separation with the gangue being the fraction that is floated away…usually air is the gas…”) (see Yoon col. 8 lines 1-10) (see Yoon col. 9 lines 48-53 further describing coal flotation techniques and coal slurry and solids percentages) (see Yoon col. 10 lines 33-39 further describing ash content and coal particles) (see Yoon col. 11 lines 4-67).
Regarding Claim 19:
The combination of Yoon in view of Farmer teaches the method of claim 18, wherein Yoon further teaches the frother is selected from aliphatic alcohols, cyclic alcohols, propylene oxide and polypropylene oxide, propylene glycol, polypropylene glycol and polypropylene glycol ethers, polyglycol ethers, polyglycol glycerol ethers, polyoxyparrafins, natural oils such as pine oil, an alcohol blend which is from a waste stream of production of 2-ethyl hexanol and any combination thereof (see Yoon FIGS. 6 and 21-22) (see Yoon col. 1 lines 12-16) (see Yoon col. 4 lines 5-12 – “…primarily with respect to coal and its flotation by microbubbles, it also can apply to other minerals…the separation with the gangue being the fraction that is floated away…usually air is the gas…”) (see Yoon col. 8 lines 1-10) (see Yoon col. 9 lines 48-53 further describing coal flotation techniques and coal slurry and solids percentages) (see Yoon col. 10 lines 33-39 further describing ash content and coal particles) (see Yoon col. 11 lines 4-67).
Regarding Claim 20:
The combination of Yoon in view of Farmer teaches the method of claim 18, wherein Yoon further teaches the collector is selected from as fuel oil, tar oil, animal oil, vegetable oil, fatty acids, fatty acid esters, fatty amines, hydrophobic polymers, neutralized fatty acids, soaps, amine compounds, petroleum-based oily compounds (such as diesel fuels, decant oils, and light cycle oils, kerosene or fuel oils), an organic collector (e.g., xanthates, xanthogen formates, thionocarbamates, dithiophosphates (including sodium, zinc and other salts of dithiophosphates), and mercaptans (including mercaptobenzothiazole), ethyl octylsulfide), and any combination thereof (see Yoon FIGS. 6 and 21-22) (see Yoon col. 1 lines 12-16) (see Yoon col. 4 lines 5-12 – “…primarily with respect to coal and its flotation by microbubbles, it also can apply to other minerals…the separation with the gangue being the fraction that is floated away…usually air is the gas…”) (see Yoon col. 8 lines 1-10) (see Yoon col. 9 lines 48-53 further describing coal flotation techniques and coal slurry and solids percentages) (see Yoon col. 10 lines 33-39 further describing ash content and coal particles) (see Yoon col. 11 lines 4-67).
Regarding Claim 21:
The combination of Yoon in view of Farmer teaches the method of claim 1, wherein Farmer further teaches the microbe-based product serves as a frother or a collector (see Farmer paragraphs 19, 21-22, 87, 149-150, 153 and 156-158).
Yoon and Farmer are analogous inventions in the art of teaching a treatment system and method. It would have been obvious before the effective filing date of the claimed invention to one of ordinary skilled in the art to modify the treatment system and method of Yoon to add a microbe-based product comprising a biosurfactant to the slurry of Yoon, as taught by Farmer, in order to efficiently and effectively extract the target metal or the mineral via the froth layer (see Farmer paragraphs 19, 21-22, 87, 149-150, 153 and 156-158).
Regarding Claim 22:
The combination of Yoon in view of Farmer teaches the method of claim 1, wherein Yoon further teaches separating the concentrate from the froth layer using mechanical force (see Yoon FIGS. 6 and 21-22) (see Yoon col. 1 lines 12-16) (see Yoon col. 4 lines 5-12 – “…primarily with respect to coal and its flotation by microbubbles, it also can apply to other minerals…the separation with the gangue being the fraction that is floated away…usually air is the gas…”) (see Yoon col. 8 lines 1-10) (see Yoon col. 9 lines 48-53 further describing coal flotation techniques and coal slurry and solids percentages) (see Yoon col. 10 lines 33-39 further describing ash content and coal particles) (see Yoon col. 11 lines 4-67).
Regarding Claim 23:
The combination of Yoon in view of Farmer teaches the method of claim 22, wherein Yoon further teaches drying the concentrate to obtain the target metal or the mineral (see Yoon FIGS. 6 and 21-22) (see Yoon col. 1 lines 12-16) (see Yoon col. 4 lines 5-12 – “…primarily with respect to coal and its flotation by microbubbles, it also can apply to other minerals…the separation with the gangue being the fraction that is floated away…usually air is the gas…”) (see Yoon col. 8 lines 1-10) (see Yoon col. 9 lines 48-53 further describing coal flotation techniques and coal slurry and solids percentages) (see Yoon col. 10 lines 33-39 further describing ash content and coal particles) (see Yoon col. 11 lines 4-67).
Other Reference Considered
Klunder (U.S. 7,992,718 B1) (hereinafter “Klunder”) teaches a system and method for recovering flotation particles in a flotation column.
Response to Arguments
Applicant's arguments filed 03/23/2026 have been fully considered but they are not persuasive and focus on amended claim limitations, which have been addressed above in the updated rejection (see above).
The previous claim objections have been considered and are now withdrawn as a result of the current claim amendments.
The previous 112(b) claim rejections have been considered and are now updated (see above).
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 AKASH K. VARMA whose telephone number is (571)272-9627. The examiner can normally be reached Monday-Friday 9-5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin L. Lebron can be reached at (571)-272-0475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AKASH K VARMA/Primary Examiner, Art Unit 1773
Prosecution Insights