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 12/17/2025 was filed after the mailing date of the non-final rejection on 09/18/2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Allowable Subject Matter
The indicated allowability of claim 15 is withdrawn in view of the newly discovered reference(s) to Kappes in “Chloride Leaching for Silver, Copper, Lead & Anitmony [sic].” Rejections based on the newly cited references follow.
Status of Claims
Claims 1, 4-6, 11, 14-16, and 20 are currently amended, Claims 2, 8 and 12 are canceled, Claims 3 and 10 are as originally filed, Claims 7, 8, 13, and 17-19 are as previously presented, and Claims 21-23 are new.
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 1-23 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 dosage of the water-soluble flocculating polymer is no less than 0.005%, but the dosage is defined as the weight of the water-soluble flocculating polymer to weight of solids in the feed slurry, or weight ratio. It is unclear how “0.005%” relates to a weight ratio, since the individual weights are not based on percentages.
Claim 1 recites “on a solution basis” in parentheses. If applicant intends to define “0.4 wt%” as the amount of indifferent salt in the residual leach solution, then the parentheses should be removed. Otherwise, their use reads as optional.
Claim 15 recites the dosage of the water-soluble flocculating polymer is no less than 0.005 to 0.04%, but the dosage is defined as the weight of the water-soluble flocculating polymer to weight of solids in the feed slurry, or weight ratio. It is unclear how “0.005%” relates to a weight ratio, since the individual weights are not based on percentages.
Claim 15 recites “on a solution basis” in parentheses. If applicant intends to define “1 wt%” as the amount of indifferent salt in the residual leach solution, then the parentheses should be removed. Otherwise, their use reads as optional.
Claim 21 recites “on a solution basis” in parentheses. If applicant intends to define “0.4 wt%” as the amount of indifferent salt in the residual leach solution, then the parentheses should be removed. Otherwise, their use reads as optional.
Claim 22 recites the limitation "the alkali chloride" in 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 22 recites the limitation "the indifferent salt dissolved in the leach medium" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 22 recites “on a solution basis” in parentheses. If applicant intends to define “1 wt% to 10 wt%” as the amount of indifferent salt in the leach medium, then the parentheses should be removed. Otherwise, their use reads as optional.
Claim 23 recites the dosage of the water-soluble flocculating polymer is no less than 0.005 to 0.04%, but the dosage is defined as the weight of the water-soluble flocculating polymer to weight of solids in the feed slurry, or weight ratio. It is unclear how “0.005%” relates to a weight ratio, since the individual weights are not based on percentages.
Claim 23 recites “on a solution basis” in parentheses. If applicant intends to define “2 wt% to 4 wt%” as the amount of indifferent salt in the leach medium, then the parentheses should be removed. Otherwise, their use reads as optional.
Claims dependent on any of the rejected claims are likewise rejected under this statute.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 21 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kappes.
Kappes chloride leaching as represented below in the annotated flowsheet:
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940
744
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Greyscale
The tailings (page 6) read on leach solids residue. The tailings are separated from the pregnant solution by filtration and metal salts are recovered (page 6). For batch scale tests, 15 g FeCl3/L (indifferent salt) is required (page 3) or 1.5 wt%, which reads on at least 0.4 wt% on a solution basis. Kappes teaches treating 600 tonnes of ore per day in a 45% solids slurry by weight (page 3). The solids concentration is therefore greater than 10 wt% solids. Kappes anticipates the claimed invention.
Allowable Subject Matter
Claims 1, 3-7, 9-11, and 13-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 22 and 23 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
AU 2067002 A (AU ‘002) teaches a polymer flocculant for sulfuric acid leaching separation. The polymer flocculant is a water-soluble high molecular weight copolymer such as containing 50% by mole or more of (meth)acrylamide or its derivative in the form of an aqueous salt solution (page 3). The first step of the recovery method is to concentrate an aqueous slurry of pulverized ore. The second step of the recovery method is leaching in sulfuric acid using a polymer flocculant (page 4). The polymer flocculant may contain optional components other than NaCl included salts (page 7). Regarding Claims 1, 15, 21 and 22, there is no basis to suggest using the polymer flocculant for sulfuric acid leaching in AU ‘002 in the HCl leaching in Kappes.
Response to Arguments
Applicant’s arguments with respect to claim 21 has 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