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 .
Election/Restrictions
Applicant’s election without traverse of Invention I, Species 1 (Chloroform) and Species A (organophosphate comprises liquid phosphine oxide) in the reply filed on 2/18/2026 and in an Interview with the examiner on 4/13/2026. The claims to be examined are 1, 5, 10, and 13-17.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 5, 10, and 15-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 108854537.
Regarding claim 1 and 10, CN ‘537 teaches a liquid-liquid extraction of lithium (Abstract). The process includes an extraction composition that includes an organic phase (Claim 1). The extraction composition may further include a co-extractant phosphine oxide, which is an organophosphate (Contents of Intention).
Regarding claim 5, the organic solvent may be chloroform (Contents of Invention).
Regarding claim 15-17, the extraction composition may include a metal lithium salt such as lithium sulfate (Example 1) and ammonia (Claim 10).
Claim(s) 1, 5, 10, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 88101566.
Regarding claim 1 and 10, CN ‘566 teaches a liquid-liquid extraction of rare earth metals (Abstract, Claim 1, Claim 23). The process includes an extraction composition that includes an organic phase (Claim 1). The extraction composition may further include a co-extractant phosphine oxide, which is an organophosphate (Claim 7).
Regarding claim 5, the organic solvent may be chloroform (Description).
Regarding claim 13, the organic phase may include high carbon alcohols with 4-15 carbon atoms (Description).
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.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 88101566.
Regarding claim 14, CN ‘566 does not expressly recite 1-pentanol as the alcohol used in the organic phase.
However, CN ‘566 teaches the organic phase may include high carbon alcohols with 4-15 carbon atoms (Description). The person having ordinary skill in the art would have understood that 1-pentanol is one of the species of alcohol within the range of alcohols from 4-15 carbon atoms that would provide predictable results because pentanol is has 5 carbon atoms and is the simplest form of an alcohol having a linear carbon chain and the alcohol attached to the end of the chain. Thus, it would have been obvious to the person having ordinary skill in the art to choose 1-pentanol in process of CN ‘566 with predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A FIORITO whose telephone number is (571)272-9921. The examiner can normally be reached Monday-Friday 9AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber Orlando can be reached at (571) 270-3149. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES A FIORITO/Primary Examiner, Art Unit 1731
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