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 .
DETAILED ACTION
Response to Election/Restrictions
1. Applicant's election with traverse of Group I, claims 4-14, in the reply filed on 05/11/2026 is acknowledged. The traversal is on the ground(s) that “since claim 4 depends on claim 1, claim 4 includes all limitations of claim 1…and that it would not be a significant burden on the Office due to search and examine each of the identified inventions.” (Applicant’s response, page 1). This is not found persuasive because of the following reasons.
Since the invention of Group I is drawn to “a continuous reaction system” (or “an apparatus”), which comprises series of different reactors, feed ports, overflow ports, discharge ports, pipelines, pumps, material tanks, etc., the search for Group I would be in the apparatus class and the examination and determination for patentability of the apparatus is different from the method claims of Group II. Whereas, the search, examination, and determination for patentability of the method of production are based on the raw materials and concentrations, process steps, process conditions, such as temperatures, time, etc. recited in the claimed method. In the event the method claims of Group II are found allowable, the subject matter of the “continuous reaction system” of Group I (claim 1) must be incorporated into the method claim 4.
The requirement is still deemed proper and is therefore made FINAL.
2. Claims 1-3 & 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention(s), there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 05/11/2026.
Status of Application
3. This application is a Continuation of PCT/CN2022/106086, which was filed on 07/15/2022.
Claims 1-20 were originally presented in this application for examination.
Claims 1-20 are currently pending in this application for examination.
Information Disclosure Statement
4. The information disclosure statement (IDS) submitted on 10/17/2023, 02/14/2025, 04/14/2025, and 01/20/2026 have been made of record. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner. An initialed copy of the IDS accompanies this office action.
Specification
5. The examiner has not checked the specification to the extent necessary to determine the presence of all possible minor errors (grammatical, typographical, and idiomatic). Cooperation of the applicant(s) is requested in correcting any errors of which applicant(s) may become aware of in the specification, in the claims and in any further amendment(s) that applicant(s) may file.
Applicant(s) is also requested to complete the status of the copending applications referred to in the specification by their Attorney Docket Number or Application Serial Number, if any.
The status of the parent application(s) and/or any other application(s) cross-referenced to this application, if any, should be updated in a timely manner.
Claim Objections
6. Claims 4, 7-10, & 13-14 are objected to because of the following informalities:
A. In claim 4, line 2, “at least” should be deleted.
B. In claim 4, line 3, “required for preparing the ferromanganese oxalate precursor” should be deleted.
C. In claim 4, lines 4-5, “required for preparing the ferromanganese oxalate precursor” should be deleted.
D. In claim 7, line 2, “,” should be deleted.
E. In claim 7, line 3, “,” should be deleted.
F. In claim 8, line 2, “,” should be deleted.
G. In claim 8, line 3, “,” should be deleted.
H. In claim 9, line 3, “,” should be deleted.
I. In claim 9, line 5, “,” should be deleted.
J. In claim 10, line 3, “,” should be deleted.
K. In claim 10, line 6, “,” should be deleted.
L. In claim 10, line 7, “,” should be deleted.
M. In claim 11, lines 1-2, “required for preparing the ferromanganese oxalate precursor” should be deleted.
N. In claim 13, line 2, “,” should be deleted.
O. In claim 13, line 3, “,” should be deleted.
P. In claim 14, line 2, “,” should be deleted.
Q. In claim 14, line 3, “,” should be deleted.
R. In claim 14, line 4, “,” should be deleted.
S. In claim 14, line 5, “,” should be deleted.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b) (Second Paragraph)
7. 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 4-14 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.
A. Regarding claim 4, line 7, the phrase “different pipelines” is vague and unclear as to what different pipelines are being referred to in the claim.
B. Regarding claim 5, the claim recites a broader limitation “the complexing agent includes one or more of an aminocarboxylate, a hydrocarboxylate, and an organic phosphonate” and also recites a narrower limitation “the complexing agent includes one or more of EDTMPS, sodium edetate, sodium gluconate, and sodium citrate”. This appears improper.
Also, the phrases “optionally” and “more optionally” are taken to mean the same as “preferably” and “more preferably”. These phrases render the claim indefinite because it is unclear whether the limitation(s) following the phrases are part of the claimed invention. See MPEP § 2173.05(d).
C. Regarding claim 11, the claim limitation on “and an optional water-soluble divalent salt of a doping element M, wherein M represents a manganese-doped and iron-doped element, optionally including one or more of Co, Mg, Zn, Ca, Ti, V, Ni, or Cr” is unclear and confusing due to the phrase “optional” and “optionally” in the claim. It would appear that “a water-soluble divalent salt of a doping element M, wherein M represents a manganese-doped and iron-doped element” is not optional, but it is part of the metal salt Markush group. The claim also recites the Markush group for the water-soluble ferrous salt, the water-soluble manganous salt, and the water-soluble divalent salt of the doping element M, which is confusing due to the phrase “optionally” in lines 6, 9, & 12.
D. Regarding claim 12, line 2, same rejection applies as in C above.
*Claims 6-10 & 13-14 are rejected because they depend on rejected claims 4-5 & 11-12 and they do not cure the indefiniteness.
Allowable Subject Matter
8. Claims 4-14 are found allowable over the prior art made of record. The following is a statement of reason(s) for allowance of the claimed subject matter.
*Claims 4-14 would be allowed if the rejection(s) under 35 U.S.C 112(b) and the Claim
Objection(s) are overcome.
CN 104710302-A is identified as the most relevant prior art, which discloses a method of preparing ferromanganese oxalate precursor having a formula Fe1-x-yMnx{M}yC2O4.2H2O, wherein M is a doped element (see Abstract), however this reference does not teach to prepare the ferromanganese oxalate precursor through “a continuous reaction system” as defined in claim 4.
CN 106025282-A is also identified as the most relevant prior art, which discloses a method of preparing ferromanganese oxalate precursor by dissolving a ferrous salt and a manganous salt into deionized water under inert gas, the mixed solution and a solid oxalic acid or oxalate ae directly subjected to co-precipitation reaction under the action of mechanical stirring and ultrasonic cavitation; and filtering, multiple ultrasonic laundering and drying are sequentially carried out on a generated oxalate ferromanganese suspension to obtain oxalate manganese powder (see Abstract), however this reference does not teach to prepare the ferromanganese oxalate precursor through “a continuous reaction system” as defined in claim 4.
There would be no motivation to combine the teachings of the prior art references together to arrive to the claimed invention.
Conclusion
9. Claims 1-20 are pending. Claims 1-3 & 15-20 are withdrawn. Claims 4-14 are rejected. No claims are allowed.
Contacts
10. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Primary Examiner CAM N. NGUYEN whose telephone number is (571)272-1357. The examiner can normally be reached on M-F (8:30 am – 5:00 pm) at alternative worksite or at cam.nguyen@uspto.gov.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anthony Zimmer, can be reached at 571-270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Cam N. Nguyen/Primary Examiner, Art Unit 1736
/CNN/
July 23, 2026