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 .
Claims 1-12 are pending and under consideration for this Office Action.
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 1-12 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: The limitation claiming “sends out liquid” lacks antecedent basis.
Claim 1: The limitation claiming “energization of electrodes” lacks antecedent basis.
Claim 1: It is unclear if the “a predetermined temperature range determined in advance” in the first “a pump control unit that controls…” step and the “an exchange membrane control unit that controls…” is the same or different range
Claim 2: It is unclear if the “a concentration threshold determined in advance” in the first “controls the control valve…” step and the second “controls the control valve…” is the same or different threshold.
Claim 8: The limitation claiming “sends out liquid” lacks antecedent basis.
Claim 8: The limitation claiming “energization of electrodes” lacks antecedent basis.
Claim 8: It is unclear if the “a predetermined temperature range determined in advance” in the “a first pump control step…” and the “a first exchange membrane control step…” is the same or different range
Claim 9: It is unclear if the “a concentration threshold determined in advance” in the first “controlling the control valve…” step and the second “controlling the control valve…” is the same or different threshold.
Any claims dependent on the above claim are rejected for their dependence.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1 and 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qiu et al (“Study on Recovering High-Concentration Lithium Salt from Lithium Containing Wastewater Using a Hybrid Reverse Osmosis (RO)− Electrodialysis (ED) Process”, ACS Sustainable Chem. Eng. 2019, 7, 13481−13490) in view of Zhao et al (“Separating and recovering lithium from brines using selective-electrodialysis: Sensitivity to temperature”, Chemical Engineering Research and Design, 140, 2018, 116–127) and Jariwala et al (US12157929B2).
Claim 1: Qiu discloses a metal recovery system (see e.g. abstract), comprising:
a pump that pressurizes and sends out liquid to be processed (see e.g. page 13482, col 2, “Experiment Setup”: “The magnetic pump, which was used to drive initial lithium-containing wastewater”);
a desalination apparatus that obtains freshwater with a reverse osmosis membrane from the liquid to be processed pressurized by the pump (see e.g. “RO” on Fig 1; page 13483, col 1, “Enrichment of Lithium Chloride by the Hybrid RO−ED Process”);
a metal recovery apparatus that recovers metal ions of a targeted specific metal from first drainage that is drainage liquid discharged from the desalination apparatus out of the liquid to be processed, using a metal ion exchange membrane (see e.g. “First-Stage ED” on Fig 1; page 13483, col 1, paragraph starting with “The schematic diagrams”);
a flow rate sensor that detects an inflow flow rate of the liquid to be processed flowing from the pump into the desalination apparatus (BT600-2J, see e.g. page 13482, col 2, “Experiment Setup”);
a control apparatus that controls energization of electrodes that apply an electric field to the metal ion exchange membrane (see e.g. page 13482, col 2, “Experiment Setup”).
Qiu does not explicitly teach a temperature sensor that detects an exchange membrane temperature that is a temperature of the metal ion exchange membrane. Zhao discloses a study on the recovery of lithium from brines (see e.g. abstract), making it analogous art (see MPEP § 2141.01(a) I). The electrodialysis system of Zhao includes a temperature sensor (see e.g. see e.g. page 117, col 2, paragraph starting with “As the core”). According to Zhao, “raising temperature [in the electrodialysis cells] is favorable for recovering lithium process” (see e.g. abstract) and “The influence of temperature on recovering and separating lithium from brines with different binary feed characteristics in S-ED process could be attributed as follows: the swelling of the high polymer chains on cation exchange membrane surface and the decreasing of the water molecule numbers controlled by hydrated ions in feed during their electro-transport process” (see e.g. page 126, “Conclusion”). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the system of Qiu to include the temperature sensor that detects an exchange membrane temperature as taught in Zhao to ensure that the electrodialysis process is operating at the correct temperature for optimal Li extraction.
Qiu does not explicitly teach a first concentration sensor that detects a first ion concentration that is a metal ion concentration of the specific metal in the first drainage. Jariwala discloses an apparatus for extracting alkali metal from brine (see e.g. abstract) making it analogous art (see MPEP § 2141.01(a) I). According to Jariwala “The separation process 200 is generally operated to concentrate lithium and reduce the concentration of impurities such as monovalent and divalent ions other than lithium because reducing the volume of water to be handled reduced the size of equipment needed to further process the lithium. Lithium sensors can be used at various places in the process 200 to monitor operation, and operating conditions of the absorption/desorption resin unit 202 can be adjusted to affect lithium concentration in the effluent” (see e.g. col 8, lines 7-15). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the system of Qiu to include a first concentration sensor that detects a first ion concentration that is a metal ion concentration as taught in Jariwala so that the operating conditions of the system can be adjusted in response to the detected lithium concentrations. Furthermore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the system by have a concentration sensor in line with the first drainage because Jariwala teaches that “Lithium sensors can be used at various places in the process to monitor operation”.
Qiu does not explicitly teach the control apparatus also includes a pump control unit that controls energization of the pump. Jariwala discloses an apparatus for extracting alkali metal from brine (see e.g. abstract) making it analogous art (see MPEP § 2141.01(a) I). The apparatus of Jariwala includes a controller that that controls flow of the streams, the power units, and the sensors to optimize the process (see e.g. col 21, lines 1-10). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the system of Qiu so that functions of the control apparatus is expanded to control flow of the streams, the power units, and the sensors to optimize the process.
Qiu in view of Zhao and Jariwala does not explicitly teach that the pump control unit sets the inflow flow rate to a first flow rate, determined in advance, when the exchange membrane temperature is within a predetermined temperature range determined in advance. However, as taught above, the recovery of lithium with electrodialysis is affected by temperature. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to set the flow rate to a predetermined flow rate for electrodialysis when the preferred conditions (i.e. temperature) for electrodialysis are reached.
Qiu in view of Zhao and Jariwala does not explicitly teach that the exchange membrane control unit energizes the electrodes based on the first ion concentration when the exchange membrane temperature is within a predetermined temperature range determined in advance. However, as taught above, the recovery of lithium with electrodialysis is affected by temperature and the concentration of lithium through the system affects the operation of the cell. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to set power the electrodialysis cell when the preferred conditions (i.e. temperature, lithium concentration) for electrodialysis are reached.
Claim 6: Qiu in view of Zhao and Jariwala discloses that the specific metal is lithium (see e.g. Qiu - abstract).
Claim 7: Qiu in view of Zhao and Jariwala discloses that the liquid to be processed can be seawater (see e.g. Qiu - 13482, col 2, paragraph starting with “Membrane technology”).
Claim 8: Qiu a metal recovery method executed by a metal recovery system including:
a pump that pressurizes and sends out liquid to be processed (see e.g. page 13482, col 2, “Experiment Setup”: “The magnetic pump, which was used to drive initial lithium-containing wastewater”);
a desalination apparatus that obtains freshwater with a reverse osmosis membrane from the liquid to be processed pressurized by the pump (see e.g. “RO” on Fig 1; page 13483, col 1, “Enrichment of Lithium Chloride by the Hybrid RO−ED Process”);
a metal recovery apparatus that recovers metal ions of a targeted specific metal from first drainage that is drainage liquid discharged from the desalination apparatus out of the liquid to be processed, using a metal ion exchange membrane (see e.g. “First-Stage ED” on Fig 1; page 13483, col 1, paragraph starting with “The schematic diagrams”);
a flow rate sensor that detects an inflow flow rate of the liquid to be processed flowing from the pump into the desalination apparatus (BT600-2J, see e.g. page 13482, col 2, “Experiment Setup”); and
a control apparatus that controls energization of electrodes that apply an electric field to the metal ion exchange membrane (see e.g. page 13482, col 2, “Experiment Setup”);
the method comprising:
a first pump control step of controlling energization of the pump so that the inflow flow rate (see e.g. page 13482, col 2, “Experiment Setup”: “The magnetic pump, which was used to drive initial lithium-containing wastewater”); and
a first exchange membrane control step of controlling energization of the electrodes (see e.g. “First-Stage ED” on Fig 1; page 13483, col 1, paragraph starting with “The schematic diagrams”).
Qiu does not explicitly teach a temperature sensor that detects an exchange membrane temperature that is a temperature of the metal ion exchange membrane. Zhao discloses a study on the recovery of lithium from brines (see e.g. abstract), making it analogous art (see MPEP § 2141.01(a) I). The electrodialysis system of Zhao includes a temperature sensor (see e.g. see e.g. page 117, col 2, paragraph starting with “As the core”). According to Zhao, “raising temperature [in the electrodialysis cells] is favorable for recovering lithium process” (see e.g. abstract) and “The influence of temperature on recovering and separating lithium from brines with different binary feed characteristics in S-ED process could be attributed as follows: the swelling of the high polymer chains on cation exchange membrane surface and the decreasing of the water molecule numbers controlled by hydrated ions in feed during their electro-transport process” (see e.g. page 126, “Conclusion”). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the system of Qiu to include the temperature sensor that detects an exchange membrane temperature as taught in Zhao to ensure that the electrodialysis process is operating at the correct temperature for optimal Li extraction.
Qiu does not explicitly teach a first concentration sensor that detects a first ion concentration that is a metal ion concentration of the specific metal in the first drainage. Jariwala discloses an apparatus for extracting alkali metal from brine (see e.g. abstract) making it analogous art (see MPEP § 2141.01(a) I). According to Jariwala “The separation process 200 is generally operated to concentrate lithium and reduce the concentration of impurities such as monovalent and divalent ions other than lithium because reducing the volume of water to be handled reduced the size of equipment needed to further process the lithium. Lithium sensors can be used at various places in the process 200 to monitor operation, and operating conditions of the absorption/desorption resin unit 202 can be adjusted to affect lithium concentration in the effluent” (see e.g. col 8, lines 7-15). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the system of Qiu to include a first concentration sensor that detects a first ion concentration that is a metal ion concentration as taught in Jariwala so that the operating conditions of the system can be adjusted in response to the detected lithium concentrations.
Qiu does not explicitly teach the control apparatus is a computer that also controls energization of the pump. Jariwala discloses an apparatus for extracting alkali metal from brine (see e.g. abstract) making it analogous art (see MPEP § 2141.01(a) I). The apparatus of Jariwala includes a controller that that controls flow of the streams, the power units, and the sensors to optimize the process (see e.g. col 21, lines 1-10). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the system of Qiu so that functions of the control apparatus is expanded to control flow of the streams, the power units, and the sensors to optimize the process.
Furthermore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to modify the system by have a concentration sensor in line with the first drainage because Jariwala teaches that “Lithium sensors can be used at various places in the process to monitor operation”.
Qiu does not explicitly teach that the first pump control step of controlling energization of the pump so that the inflow flow rate is a predetermined first flow rate when the exchange membrane temperature is within a temperature range determined in advance; and that the first exchange membrane control step of controlling energization of the electrodes based on the first ion concentration when the exchange membrane temperature is within a predetermined temperature range determined in advance. However, as taught above, the recovery of lithium with electrodialysis is affected by temperature and the concentration of lithium through the system affects the operation of the cell. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to set the flow rate and the power of the electrodialysis cell when the preferred conditions (i.e. temperature, lithium concentration) for electrodialysis are reached.
Allowable Subject Matter
Claims 2-5 and 9-12 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:
Claim 2: The prior art does not disclose nor render obvious all of the cumulative
limitations of claim(s) 2 with special attention given to the limitation claiming “a control valve that controls whether the second drainage flows into the reflux path or into the drainage path, wherein the control apparatus further includes a valve control unit that controls operation of the control valve, and the valve control unit: controls the control valve so that the second drainage flows to the reflux path when the second ion concentration is equal to or higher than a concentration threshold determined in advance and the exchange membrane temperature is equal to or lower than an upper limit temperature of the predetermined temperature range”. The closest prior art is Qiu. Qiu teaches that a second drainage from the metal recovery apparatus (see e.g. “First-stage ED” on Fig 1) can be refluxed to the desalination apparatus (see e.g. Fig 1). However, Qiu does not teach that the drainage can be refluxed or sent to a different drain path via valve based on a concentration threshold and an upper temperature limit. There is no teaching or motivation that makes the above obvious.
Claim 3: The prior art does not disclose nor render obvious all of the cumulative
limitations of claim(s) 3 with special attention given to the limitation claiming “the pump control unit controls energization of the pump so that the inflow flow rate is a second flow rate that is lower than the first flow rate when the exchange membrane temperature is lower than the predetermined temperature range, and the exchange membrane control unit controls energization of the electrodes so that a temperature rise rate per hour of the exchange membrane temperature is within a range, determined in advance, when the exchange membrane temperature is lower than the predetermined temperature range”. The closest prior art is Qiu in view of Zhao and Jariwala, which is discussed above. However, although Zhao teaches that temperature affects the electrodialysis process, there is no teaching regarding adjusting the inflow rate to a lower rate when the temperature is also lowered.
Claim 5: The prior art does not disclose nor render obvious all of the cumulative
limitations of claim(s) 5 with special attention given to the limitation claiming “the pump control unit controls energization of the pump so that the inflow flow rate is a third flowrate that is higher than the first flow rate when the exchange membrane temperature is higher than the predetermined temperature range”. The closest prior art is Qiu in view of Zhao and Jariwala, which is discussed above. However, although Zhao teaches that temperature affects the electrodialysis process, there is no teaching regarding adjusting the inflow rate to a higher rate when the temperature is also increased.
Claim 9: The prior art does not disclose nor render obvious all of the cumulative
limitations of claim(s) 9 with special attention given to the limitation claiming “a control valve that controls whether the second drainage flows into the reflux path or into the drainage path, the method further comprising a reflux control step of: controlling the control valve so that the second drainage flows to the reflux path when the second ion concentration is equal to or higher than a concentration threshold determined in advance and the exchange membrane temperature is equal to or lower than an upper limit temperature of the predetermined temperature range; and controlling the control valve so that the second drainage flows to the drainage path when the second ion concentration is less than a concentration threshold determined in advance or the exchange membrane temperature is above the predetermined temperature range”. The closest prior art is Qiu. Qiu teaches that a second drainage from the metal recovery apparatus (see e.g. “First-stage ED” on Fig 1) can be refluxed to the desalination apparatus (see e.g. Fig 1). However, Qiu does not teach that the drainage can be refluxed or sent to a different drain path via valve based on a concentration threshold and an upper temperature limit. There is no teaching or motivation that makes the above obvious.
Claim 10: The prior art does not disclose nor render obvious all of the cumulative
limitations of claim(s) 10 with special attention given to the limitation claiming “a second pump control step of controlling energization of the pump so that the inflow flow rate is a second flow rate that is lower than the first flow rate when the exchange membrane temperature is lower than the predetermined temperature range; and a second exchange membrane control step of controlling energization of the electrodes so that a temperature rise rate per hour of the exchange membrane temperature is within a range, determined in advance, when the exchange membrane temperature is lower than the predetermined temperature range”. The closest prior art is Qiu in view of Zhao and Jariwala, which is discussed above. However, although Zhao teaches that temperature affects the electrodialysis process, there is no teaching regarding adjusting the inflow rate to a lower rate when the temperature is also lowered.
Claim 12: The prior art does not disclose nor render obvious all of the cumulative
limitations of claim(s) 12 with special attention given to the limitation claiming “a third pump control step of controlling energization of the pump so that the inflow flow rate is a third flow rate that is higher than the first flow rate when the exchange membrane temperature is higher than the predetermined temperature range”. The closest prior art is Qiu in view of Zhao and Jariwala, which is discussed above. However, although Zhao teaches that temperature affects the electrodialysis process, there is no teaching regarding adjusting the inflow rate to a higher rate when the temperature is also increased.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALEXANDER W KEELING whose telephone number is (571)272-9961. The examiner can normally be reached 7:30 AM - 4:00 PM. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Luan Van can be reached at 571-272-8521. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALEXANDER W KEELING/Primary Examiner, Art Unit 1795
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