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 with traverse of Claims 1-19, 21-43, and 45-56 in the reply filed on 4/15/2026 is acknowledged. The traversal is on the ground(s) that there is no serious burden of search. This is not found persuasive because the different species would require is different fields of search and different search considerations.
The requirement is still deemed proper and is therefore made FINAL.
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) 1-19, 21-43, and 45-56 is/are rejected under 35 U.S.C. 103 as being unpatentable over Harrison US 8901032.
Regarding claims 1 and 55-56, Harrison teaches a process of intercalating an aluminum based adsorbent precursor (col. 4, l. 20-25). The intercalation may be in the presence of brines (col. 4, l. 33) and LiOH (col. 4, l. 38). After intercalation a reaction liquor may be separated from the adsorbent (Examples), which is considered decanted under the broadest reasonable interpretation of the claims. The process may also include a neutralizing step (col. 9, l. 8-30).
Harrison teaches that the intercalation may occur by treating a liquid volume several times the adsorbent volume until and capture 83 to 96% of the lithium present in the feed solution (col. 11, l. 64 – col. 12, l. 5).
Harrison does not expressly state the liquor is augmented and recycled as in instant steps d and e. However, it would have been obvious to augment and recycle the effluent liquor of Harrison as an alternative batchwise or continuous process with predictable results in capturing lithium in fresh or recycled brine liquors (Examples).
Regarding claim 2-4, the intercalation temperature may be 85-90 deg. C (Example 3).
Regarding claims 5-6, the pH may be between 9 and 12 (col. 5, l. 35).
Regarding claims 7-9, 11-12, and 17 the reaction liquid may be a brine including LiOH (col. 4, l. 33-38).
Regarding claim 10 and 13-16, the aluminum to lithium hydroxide ratio may be 1:1 to 1.5:1 (Example 1).
Regarding claim 18-19 and 21, the brines may include a majority of chlorides, such as sodium chloride (col. 6, l. 26-59).
Regarding claims 22-24, the intercalation may occur for 3 hours (Example 3).
Regarding claims 25-30, the neutralization may occur at a temperature less than about 60 deg. C and at a pH of 4 to 6 (col. 9, l. 20-35), which overlap the ranges recited in claims 25-30. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claims 31-34, the neutralization acid may be 5% acetic acid (col. 10, l. 2-30).
Regarding claims 35-36, and 38, the neutralization may occur for 2 hours (Example 1).
Regarding claim 37, Harrison does not expressly that the neutralization time if between 0.25 and 1 hour. However, it would have been obvious to perform the neutralization in this time frame according to the strength of the acid to achieve the desired neutralization pH of 4 to 6 (col. 9, l. 20-35) with predictable results.
Regarding claim 39-43, and 45, the brines may include a majority of chlorides, such as sodium chloride (col. 6, l. 26-59) and LiOH (col. 4, l. 33-38).
Harrison does not expressly state that augmenting or recycling. However, as stated above in the rejection of claim 1, it would have been obvious to augment and recycle the effluent liquor of Harrison as an alternative batchwise or continuous process with predictable results in capturing lithium in fresh or recycled brine liquors (Examples), which would have the same brine contents as the starting brine taught in Harrison.
Regarding claim 46-49, Harrison teaches that the intercalation may occur by treating a liquid volume several times the adsorbent volume until and capture 83 to 96% of the lithium present in the feed solution (col. 11, l. 64 – col. 12, l. 5).
Harrison does not expressly state the liquor is augmented and recycled as in instant steps d and e and instant claims 46-49. However, it would have been obvious to augment and recycle the effluent liquor of Harrison as an alternative batchwise or continuous process according claims instant claims 46-49 with predictable results in capturing lithium in fresh or recycled brine liquors (Examples).
Regarding claims 50-54, the Al(OH)3 may be formed in situ in a weak anion exchange resin Dowex Marathon WBA, which is a polystyrene based resin, by impregnation of aluminum chloride (col. 15, l. 40-60).
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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/JAMES A FIORITO/Primary Examiner, Art Unit 1731
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