DETAILED ACTION
Status of Claims
Claims 1 and 3-10 are pending and presented for examination on the merits.
Claims 1 and 3-9 are currently amended.
Status of Previous Objection to the Drawings
The previous objection to the drawings is withdrawn in view of the replacement drawing sheet filed on 08/05/2026.
Status of Previous Claim Objections
The previous objection to claim 5 is withdrawn in view of the amendment to the claim.
Status of Previous Claim Rejections Under 35 USC § 112
The previous rejections of claims 1 and 3-10 under 35 U.S.C. § 112(b) are withdrawn in view of the amendments to claims 1, 7, and 8.
The previous rejection of claim 2 under 35 U.S.C. § 112(b) is moot in view of the canceled status of the claim.
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 and 3-9 are rejected under 35 U.S.C. 103 as being unpatentable over CN 115961153 (A) to Shi et al. (“CN ʹ153”) (abstract and computer-generated translation in file as of 05/05/2026) in view of CN 116004987 (A) to Shi et al. (“CN ʹ987”) (abstract and computer-generated translation in file as of 05/05/2026).
Regarding claim 1, CN ʹ153 is directed to a method for recycling gas in a process for preparing vanadium-nitrogen alloy (preparation method for a vanadium-nitrogen alloy). Title. The method includes the following steps:
(i) adding ammonium vanadate salt to a first rotary kiln for heating and deamination to obtain hot vanadium oxide 1 (thermal vanadium oxide) and mixed gas 1 (p. 1 – Contents of the Invention – step (a));
(ii) sending the hot vanadium oxide 1 (thermal vanadium oxide) into a second rotary kiln, passing dry mixed gas 1 into the second rotary kiln for reduction (thermal reduction under first protective atmosphere) and nitriding to obtain vanadium oxynitride and mixed gas 2 (p. 1 – Contents of the Invention – step (c));
(iii) mixing and drying vanadium oxynitride and graphite powder to form raw material blocks (molding a mixture of graphite powder and vanadium oxynitride to obtain dried raw material block) (p. 1 – Contents of the Invention – step (e); p. 4 – first paragraph); and
(iv) sending the raw material blocks to a calcining kiln under dry mixed gas 2 and a controlled atmosphere of purified nitrogen to perform carbon thermal reduction (nitridation and carbothermal reduction under a second protective atmosphere) of nitrogen to obtain vanadium nitrogen alloy and mixed gas 3 (p. 1 – Contents of the Invention – step (e)).
The vanadium oxynitride and graphite powder are mixed according to a weight ratio of ((0.755~0.785)*oxygen content in vanadium oxynitride):1 (ratio of K:1 by mass percentage, where K is in direct proportion to the oxygen content). Page 2 – seventh paragraph; p. 4 – first paragraph. The implied interval ‘n’ is one (n=1), thereby meeting the claim limitation reciting that the oxygen content is divided into n intervals and the K value is in direct proportion to the oxygen content over this one interval.
CN ʹ153 discloses a step of putting all of mixed gas 3 into a third rotary kiln, adding vanadium pentoxide thereto at the same time, and heating and reducing (thermal reduction) to obtain hot vanadium oxide 2 (thermal vanadium oxide 2) and mixed gas 4. Page 1 – Contents of the Invention – step (f). The hot vanadium oxide 2 is circulated back into the second rotary kiln. Page 2 – step (g) (top of page). The mixed gas 4 is absorbed by alkali to obtain purified nitrogen and absorption liquid, and the purified nitrogen is circulated into the calcining kiln. Page 2 – step (g) (top of page).
CN ʹ153 is silent regarding the oxygen content of the vanadium oxynitride.
CN ʹ987 is drawn to a method for producing vanadium-nitrogen alloy by using vanadium oxynitride. Abstract; p. 1 – Technical Field. When making the vanadium nitrogen alloy, graphite powder and vanadium oxynitride are mixed according to a ratio of K:1 to obtain a mixture, with the value of K depending on the oxygen content of 4% to 20% by mass and proportional thereto. Page 1 – Contents of the Invention – step (a). The oxygen content is divided into “n” intervals, with K determined by multiplying the oxygen content with a factor, for each oxygen interval. Page 2 – second through sixth paragraphs; p. 3 – middle of page.
By keeping the oxygen content of the vanadium oxynitride to within 4% and 20%, the carbon content needed to prepare vanadium nitrogen alloy and the amount of carbon monoxide produced in the kiln are reduced, and the reactions can be completed at lower temperature in a shorter amount of time. Page 2 – paragraph preceding the ‘Detailed Ways’ section. Thus, it would have been obvious to one of ordinary skill in the art to have ensured that the oxygen content in the vanadium oxynitride in CN ‘153 is limited to the amount disclosed by CN ‘987 because it would promote a more efficient process (shorter time, less waste gas) for producing vanadium nitrogen alloy.
Regarding claim 3, CN ʹ153 discloses that mixed gas 3 includes carbon monoxide and nitrogen. Page 2 – second paragraph. The amount of vanadium pentoxide added is 32.2 to 65 times the mass of the carbon monoxide in mixed gas 3m with the reaction temperature being 350°C to 650°C for a period of time of 70-130 minutes. Page 2 – reference to step (f) (middle of page).
Regarding claim 4, CN ʹ153 discloses that the deamination by heating is 330-390°C for a reaction time of 40-70 minutes. Page 2 – reference to step (a) (fourth paragraph).
Regarding claim 5, CN ʹ153 discloses that the atmosphere in the step of making vanadium oxynitride is dried mixed gas 1, which also contains ammonia. Page 1 – Contents of the Invention – steps (b) and (c); p. 2 – second paragraph. In addition to dried mixed gas 1, ammonia is added. Page 4 – Example 1. The reduction takes includes reacting at 470-630°C for 40-80 minutes and then reacting at 740-860°C for 50-130 minutes. Page 2 – reference to step (c) (sixth paragraph).
Regarding claim 6, CN ʹ987 discloses that the vanadium oxynitride has a particles size less than 125 µm, and the composition is V 65-76%, N 10-20%, and O 4-20%, all in mass percent. Page 2 – reference to step (a) (seventh paragraph).
Regarding claim 7, CN ʹ987 discloses an interval value of four (n=4), with the following breakdown of oxygen content in mass percentage in the vanadium oxynitride (page 3 – bottom half of page):
First interval: oxygen content (O%) is 4-8%, K is (0.780-0.785)*O%
Second interval: oxygen content (O%) is 8-12%, K is (0.775-0.780)*O%
Third interval: oxygen content (O%) is 12-16%, K is (0.765-0.775)*O%
Fourth interval: oxygen content (O%) is 16-20%, K is (0.755-0.765)*O%
Regarding claim 8, CN ʹ153 discloses spray atomizing the mixed graphite and vanadium oxynitride with water until the moisture content reaches 4% to 9% and continuing to mix for 15-25 minutes to obtain a water-containing mixture that is pressed into a raw block by applying a pressure of 6-30 MPa. Page 2 – seventh paragraph. The components of the vanadium oxynitride and graphite are given in weight ratio (mass percentage); therefore, the water moisture content is assumed to also be measured in weight ratio. Page 4 – Example 1. The raw block is dried in a drying kiln to reduce the moisture content to less than 0.6% to obtain a dried raw meal block.
Regarding claim 9, CN ʹ153 discloses that the atmosphere for obtaining vanadium nitrogen alloy is purified nitrogen and dry mixed gas 2. Page 1 – Contents of the Invention – step (e). The flow rate of the purified nitrogen is controlled such that the nitrogen influx per each kilogram of dry raw metal block is 1.2-2.4 m3. Page 2 – reference to step (e) (eighth paragraph). The block is calcined for 50-210 minutes in a high-temperature constant zone temperature of 930-1280°C. Page 2 – reference to step (e) (eighth paragraph).
CN ʹ153 does not disclose cooling the calcined block to 50-160°C as claimed. However, the calcined block, now vanadium nitrogen alloy, is eventually cooled to room temperature and will pass through the claimed temperature range upon reaching ambient temperature.
Additionally, CN ʹ987 discloses that calcined blocks are cooled to 50-160°C prior to exiting the kiln to obtain vanadium nitrogen alloys. Page 2 – middle of page; p. 4 – first paragraph. It would have been obvious to one of ordinary skill in the art to have pre-cooled the vanadium nitrogen alloy before releasing it from the kiln so that it is easier to handle upon exit.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over CN ʹ153 in view of CN ʹ987, as applied to claim 9 above, and further in view of CN 115823865 (A) to Shi et al. (“CN ʹ865”) (abstract and computer-generated translation are in file as of 05/05/2026).
Regarding claim 10, CN ʹ153 and CN ʹ987 disclose kilns, but not with the claimed relative dimensions.
CN ʹ865 is directed to a rotary kiln comprising a multi-section body and intended for the preparation of vanadium oxynitride. Abstract. The diameters at both ends of the kiln are small and larger in the middle such that the diameters from first end to the second end increases first and then decreases. Page 1 – Contents of the Invention – first and second paragraphs underneath. Each section of the kiln body is equipped with an independent temperature control device. Page 1 – Contents of the Invention – second paragraph underneath.
By controlling the length and diameter of each section of the kiln body, the flow rate in the middle position decreases due to the larger diameter, which increases contact time between the gas medium and vanadium oxide and promotes reaction. Page 2 – bottom third of page. Therefore, it would have been obvious to one of ordinary skill in the art to have carried out one or more steps of the process of CN ʹ153 in view of CN ʹ987 using the kiln of CN ʹ865 because it would increase process efficiency by facilitating reaction between gas and solids in the kiln.
Response to Arguments
Applicant's arguments filed 08/05/2025 have been fully considered.
Applicant argues that neither CN ʹ153, CN ʹ987, nor CN ʹ865 qualify as prior art under any provision of 35 U.S.C. 102. With respect to 35 U.S.C. 102(a)(1), Applicant argues that the claims are entitled to an effective filing date of 12/12/2022, which pre-dates the publication of dates of 03/21/2023, 04/14/2023, 04/25/2023 of CN ʹ865, CN ʹ153, and CN ʹ987, respectively.
In response, the argument is not persuasive because the claims are not entitled to an effective filing date of 12/12/2022 at this time. December 12, 2022 is the filing date of the foreign application to which the instant application claims priority. However, Applicant has not fulfilled the requirements to obtain the benefit of date of the foreign filing. When the foreign application is not in the English language, Applicant is required to file a translation of the certified copy and the translation must demonstrate that the claims are sufficiently disclosed under 35 U.S.C. § 112. See MPEP §§ 213.04, 216, 2152.06(C).
In the present instance, a certified copy of the foreign priority application has been submitted in the file wrapper, but the copy is not in the English language, and no translation has been provided. Without a translation, the Examiner cannot determine whether the claimed subject matter is properly supported by the foreign application under 35 U.S.C. § 112(a) for enablement and written description and whether the claims are entitled to the benefit of the filing date of the foreign application. Therefore, the prior art rejections over CN ʹ153, CN ʹ987, and CN ʹ865 stand until Applicant properly perfects the priority claim.
Applicant argues that neither CN ʹ153, CN ʹ987, nor CN ʹ865 qualify as prior art under 35 U.S.C. 102(a)(2).
In response, this argument is moot, as this provision of the statute is not the basis of establishing prior art under 35 U.S.C. 102 for the aforementioned cited references.
Applicant’s arguments with respect to Goddard (US 4,562,057 (A)) and Gan (CN 108823452 (A)) have been considered but are moot because they are not relied upon to reject the claims.
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 VANESSA T. LUK whose telephone number is (571)270-3587. The examiner can normally be reached Monday-Friday 9:30 AM - 4:30 PM ET.
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/VANESSA T. LUK/Primary Examiner, Art Unit 1733
October 06, 2026
