DETAILED ACTION
Response to Amendment
The Amendment filed 03 June 2026 has been entered. Claims 1-6, 8-11, and 13 remain pending in the application. Claims 7 and 12 have been canceled. No new claims have been added.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 23 October 2023 and 05 June 2026 were considered by the examiner. The submission is in compliance with the provisions of 37 CFR 1.97.
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, 2, 6, 8, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over CN105274362 (machine translation) of Yanfei, in view of CN113151697 (machine translation) of Zhao and CN111482452 (machine translation) of Yu.
Claim 1 claims a method for leaching full-phase rare earth from an ion- adsorption type rare earth ore (IAREO), comprising the step of conducting rare earth leaching on the IAREO by using an organic acid-containing leaching solution, to obtain a rare earth leaching liquor, wherein the organic acid-containing leaching agent comprises an organic acid leaching agent or an organic acid-chemical compound leaching agent, and a solvent in the organic acid- containing leaching agent is water; an organic acid in the organic acid-containing leaching agent comprises one or more selected from the group consisting of ascorbic acid, gluconic acid, lactobionic acid, malic acid, citric acid, isobutyric acid, formic acid, and glyoxylic acid; a molar ratio of an organic acid to a chemical agent in the organic acid-chemical compound leaching agent is in a range of 1 : (0.10-12); and the chemical agent in the organic acid-chemical compound leaching agent comprises one or more selected from the group consisting of a water- soluble ammonium salt, a water-soluble magnesium salt, a water-soluble potassium salt, a water- soluble sodium salt, a water-soluble calcium salt, a water-soluble ferric salt, and a water-soluble ferrous salt; a solid-to-liquid ratio of the IAREO to the organic acid-containing leaching agent is in a range of 1 g: (4-12) mL: the organic acid-containing leaching agent during the column leaching has a flow rate of 0.05 m/min to 0.5 m/min; and a total concentration of the organic acid and the chemical agent in the organic acid-chemical compound leaching agent is in a range of 0.005 mol/L to 0.18 mol/L.
Yanfei discloses a method for reinforcement-reduction leaching of rare earth in ion absorption type rare earth mine in the same field of endeavor as the claimed invention. Yanfei teaches ion absorption type rare earth ore, Para[0002], and an organic acid-containing leaching solution (ascorbic acid) with water as the solvent, Para[0002],[0008]. Yanfei discloses a molar ratio of an organic acid (ascorbic acid) to a chemical agent in the organic acid-chemical compound leaching agent that overlaps with the claimed range. In comparative example 2, Yanfei discloses a magnesium sulphate solution with magnesium concentration of 0.2 mol/L and ascorbic acid concentration of 0.05 mol/L, Para[0028]. This corresponds to an acid salt ratio of 1:4. In example 2, Yanfei discloses an ammonium sulphate solution with ammonium concentration of 0.42 mol/L and ferrous ion concentration of 0.02 mol/L, Para[0031]. This corresponds to an acid salt ratio of 1:4.2. These ratios overlap with the claimed range of 1:(0.10-12). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Yanfei discloses a water-soluble ammonium salt, Para[0003]. Yanfei also teaches that the concentration of the cation other than the hydrogen ion is 0.15 to 0.70 mol/L, preferably 0.15 to 0.45 mol/L, Para[0014], the concentration of ferrous ions in the immersion liquid is 0.02 to 0.20 mol/L, preferably 0.05 to 0.15 mol/L, Para[0015, and the concentration of ascorbic acid in the immersion liquid is 0.01 to 0.10 mol/L. This means that the minimum concentration of the organic acid and the chemical agent in the leaching compound is (0.15 + 0.02 + 0.01) 0.18 mol/L. This overlaps with the claimed range of 0.005 to 0.18 mol/L. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Yanfei does not teach a solid to liquid ratio or a flow rate in the claimed ranges.
Zhao teaches a method for leaching weathered crust ion-adsorption type rare earth ores in the same field of endeavor as the claimed invention. Zhao discloses a liquid-to-solid ratio of leaching of 1:1-10:1, Para[0015]. This corresponds to a solid to liquid ratio of 1: (1-10). This overlaps with the claimed range of 1: (4-12). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Zhao teaches that the purpose of the present invention is to provide a method for leaching weathered crust leaching rare earth ore by using organic acids and organic acid salts as leaching agents. The method has the effects of good selectivity and high leaching rate, and can reduce the leaching of impurities at the same time, which is beneficial to the follow-up Separation of rare earth elements in the leachate, Para[0008]. Therefore, it would be obvious to one of ordinary skill in the art to use the solid to liquid ratio taught by Zhao in the method disclosed by Yanfei in order to achieve good selectivity and a high leaching rate.
Yu teaches gradient technology of weathering crust elution-deposited rare earth ore residual ore leaching agent in the same field of endeavor as the claimed invention. Yu teaches a flow rate of 0.4-0.8 mL/min, pg[2]. This overlaps with the claimed range of 0.05 to 0.5 mL/min. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Yu also teaches a leaching compound with magnesium salt and malic acid, wherein the magnesium salt concentration is 0.02-0.05 mol/L, and the malic acid concentration is 0.005-0.01 mol/L, Pg[2]. This means a minimum total concentration of the organic acid and the chemical agent is (0.02 + 0.005) 0.025. This falls within the claimed range of 0.005 to 0.18 mol/L. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Yu teaches that the main purpose of the present invention is to provide a gradient leaching technique for the residual leaching agent of weathered crust leaching type rare earth ore in view of the deficiencies in the prior art, which can effectively elute and eluting the weathered crust leaching type rare earth, Pg[1]. Therefore, it would be obvious to one of ordinary skill in the art to use the flow rate and the total concentration of the organic acid/chemical agent as taught by Yu in the method disclosed by Yanfei in order to effectively elute the weathered crust leaching type rare earth.
Thus, Yanfei in view of Zhao and Yu covers all limitations of claim 1.
Claim 2 further limits claim 1 by claiming that a total concentration of the organic acid in the organic acid leaching agent is in a range of 0.005 mol/L to 0.1 mol/L; and the organic acid leaching agent has a pH value of 1 to 6.5.
Yanfei teaches a total concentration of ascorbic acid in the range of 0.01 to 0.10 mol/L, Para[0012]. Yanfei also teach a pH for the ascorbic acid of 2.50, Para[0038]. These values overlap with the claimed ranges for concentration and pH. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Thus, Yanfei in view of Zhao and Yu covers all limitations of claim 2.
Claim 6 further limits claim 1 by claiming that a rare earth element in the IAREO comprises one or more selected from the group consisting of lanthanum, cerium, praseodymium, neodymium, promethium, samarium, europium, gadolinium, terbium, dysprosium, holmium, erbium, thulium, ytterbium, lutetium, yttrium, and scandium.
Yanfei teaches lanthanum as the rare earth element, Para[0025-0035]. Yanfei also discloses cerium, Para[0014]. Thus, Yanfei in view of Zhao and Yu covers all limitations of claim 6.
Claim 8 further limits claim 1 by claiming that the rare earth leaching comprises column leaching, in-situ ore leaching, heap leaching, or pool leaching.
Yanfei teaches that in the above method provided by the invention, the leaching method of the ion-adsorbing rare earth ore may be pool immersion, heap leaching, in-situ immersion, column immersion or continuous immersion, Para[0023]. Thus, Yanfei in view of Zhao and Yu covers all limitations of claim 8. Claim 13 further limits claim 6 by claiming that the rare earth leaching comprises column leaching, in-situ ore leaching, heap leaching, or pool leaching.
Yanfei teaches that in the above method provided by the invention, the leaching method of the ion-adsorbing rare earth ore may be pool immersion, heap leaching, in-situ immersion, column immersion or continuous immersion, Para[0023]. Thus, Yanfei in view of Zhao and Yu covers all limitations of claim 13.
Claims 3 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over CN105274362 (machine translation) of Yanfei in view of CN113151697 (machine translation) of Zhao and CN111482452 (machine translation) of Yu, as cited above, further in view of CN115992318 (machine translation) of Li.
Claim 3 further limits claim 1 by claiming that the organic acid in the organic acid leaching agent comprises at least two selected from the group consisting of ascorbic acid, gluconic acid, lactobionic acid, malic acid, citric acid, isobutyric acid, formic acid, and glyoxylic acid.
Yanfei discloses citric acid as a proposed leaching agent, Para[0004]. Yanfei also teaches ascorbic acid as the leaching agent, Para[0008].
Li teaches a method for leaching ionic phase rare earth in ionic rare earth ore an application of method in the same field of endeavor as the claimed invention. Li teaches mixing the first organic acid, the second organic acid and a solvent to obtain a leaching agent solution, Para[0010], Wherein, the first organic acid and the second organic acid independently include any one or a combination of at least two of acetic acid, isobutyric acid, malic acid, citric acid, tartaric acid, or ascorbic acid, Para[0012]. Li discloses that the present invention uses the multi-element ore leaching system combined with the first organic acid and the second organic acid as the organic acid leaching agent, realizes the strong complexation of rare earth cations and organic acid radicals through ion exchange reaction, and greatly inhibits the formation of rare earth ions in clay. re-adsorption on minerals, and achieve high leaching efficiency of rare earth ions, Para[0014]. Therefore, based on the teachings of Yanfei and Li, it would be obvious to one of ordinary skill in the art to use at least two of ascorbic acid, gluconic acid, lactobionic acid, malic acid, citric acid, isobutyric acid, formic acid, and glyoxylic acid in order to achieve high leaching efficiency of rare earth ions. Thus, Yanfei in view of Zhao, Yu, and Li covers all limitations of claim 3.
Claim 10 further limits claim 2 by claiming that the organic acid in the organic acid leaching agent comprises at least two selected from the group consisting of ascorbic acid, gluconic acid, lactobionic acid, malic acid, citric acid, isobutyric acid, formic acid, and glyoxylic acid.
Yanfei discloses citric acid as a proposed leaching agent, Para[0004]. Yanfei also teaches ascorbic acid as the leaching agent, Para[0008].
Li teaches a method for leaching ionic phase rare earth in ionic rare earth ore an application of method in the same field of endeavor as the claimed invention. Li teaches mixing the first organic acid, the second organic acid and a solvent to obtain a leaching agent solution, Para[0010], Wherein, the first organic acid and the second organic acid independently include any one or a combination of at least two of acetic acid, isobutyric acid, malic acid, citric acid, tartaric acid, or ascorbic acid, Para[0012]. Li discloses that the present invention uses the multi-element ore leaching system combined with the first organic acid and the second organic acid as the organic acid leaching agent, realizes the strong complexation of rare earth cations and organic acid radicals through ion exchange reaction, and greatly inhibits the formation of rare earth ions in clay. re-adsorption on minerals, and achieve high leaching efficiency of rare earth ions, Para[0014]. Therefore, based on the teachings of Yanfei and Li, it would be obvious to one of ordinary skill in the art to use at least two of ascorbic acid, gluconic acid, lactobionic acid, malic acid, citric acid, isobutyric acid, formic acid, and glyoxylic acid in order to achieve high leaching efficiency of rare earth ions. Thus, Yanfei in view of Zhao, Yu, and Li covers all limitations of claim 10.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over CN105274362 (machine translation) of Yanfei in view of CN113151697 (machine translation) of Zhao and CN111482452 (machine translation) of Yu, as cited above, further in view of WO2016041436 of Huang.
Claim 4 further limits claim 1 by claiming that a total concentration of cations in the organic acid-chemical compound leaching agent is in a range of 0.005 mol/L to 0.1 mol/L; and the organic acid-chemical compound leaching agent has a pH value of 1 to 7.5.
Yanfei does not teach a concentration of cations that overlaps with the claimed range.
Huang teaches a leaching agent and leaching method for leaching rare earth in ion-adsorbed rare earth ore in the same field of endeavor as the claimed invention. Huang discloses a cation other than hydrogen ion concentration of 0.05 ~ 1.00mol / L, pg[2]. This overlaps with the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Huang discloses that the present invention aims to provide a leaching agent, leaching and extraction methods ion adsorption type rare earth. Rare earth ore is used to solve the prior art ion adsorption type rare earth ore leach process in the colloidal phase and the phase of rare earth minerals not problems are fully leached, pg[2]. Therefore, it would be obvious to one of ordinary skill in the art to use the cation concentration of Huang in the method of Yanfei in order to provide a leaching agent and extraction method for rare earth ore. Thus, Yanfei in view of Zhao, Yu, and Huang covers all limitations of claim 4.
Claims 5 is rejected under 35 U.S.C. 103 as being unpatentable over CN105274362 (machine translation) of Yanfei in view of CN113151697 (machine translation) of Zhao and CN111482452 (machine translation) of Yu, as cited above, further in view of US3937520 of Sievert.
Claim 5 further limits claim 1 by claiming that the water-soluble ammonium salt comprises one or more selected from the group consisting of ammonium sulfate, ammonium chloride, and ammonium nitrate; the water-soluble magnesium salt comprises one or more selected from the group consisting of magnesium sulfate, magnesium chloride, and magnesium nitrate; the water-soluble potassium salt comprises one or more selected from the group consisting of potassium chloride, potassium sulfate, and potassium nitrate; the water-soluble sodium salt comprises one or more selected from the group consisting of sodium chloride, sodium sulfate, and sodium nitrate; the water-soluble calcium salt comprises calcium chloride; the water-soluble ferric salt comprises ferric chloride; and the water-soluble ferrous salt comprises at least one of ferrous chloride and ferrous sulfate.
Yanfei teaches that in the above method provided by the invention, the ferrous ion-containing solution may be one or more of a chloride solution, a sulfate solution, and a nitrate solution; and further includes magnesium ions, calcium ions, potassium ions, ammonium One or more of the ions, Para[0019]. Yanfei does not specifically disclose ferric chloride.
Sievert teaches in situ mining using bacteria in a similar field of endeavor as the claimed invention. Sievert teaches that the leaching agent can be used with additives which promote generation of the leaching agent in the leaching fluid, modifies the relationship between the leaching agent and leaching fluid, promotes leaching, or modifies any feature of the in situ leaching process according to conventional methods in view of this disclosure. Typical additives include surfactants, emulsifiers, and salts such as ferric chloride and ferric sulfate, Para[0011]. Therefore, it would be obvious to one of ordinary skill in the art to use the method disclosed in Yanfei with the ferric chloride taught by Sievert in order to promote leaching. Thus, Yanfei in view of Zhao, Yu, and Sievert covers all limitations of claim 5.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over CN105274362 (machine translation) of Yanfei in view of CN113151697 (machine translation) of Zhao, CN111482452 (machine translation) of Yu, and WO2016041436 (machine translation) of Huang, as cited above, further in view of US3937520 of Sievert .
Claim 11 further limits claim 4 by claiming that the water-soluble ammonium salt comprises one or more selected from the group consisting of ammonium sulfate, ammonium chloride, and ammonium nitrate; the water-soluble magnesium salt comprises one or more selected from the group consisting of magnesium sulfate, magnesium chloride, and magnesium nitrate; the water-soluble potassium salt comprises one or more selected from the group consisting of potassium chloride, potassium sulfate, and potassium nitrate; the water-soluble sodium salt comprises one or more selected from the group consisting of sodium chloride, sodium sulfate, and sodium nitrate; the water-soluble calcium salt comprises calcium chloride; the water-soluble ferric salt comprises ferric chloride; and the water-soluble ferrous salt comprises at least one of ferrous chloride and ferrous sulfate.
Yanfei teaches that in the above method provided by the invention, the ferrous ion-containing solution may be one or more of a chloride solution, a sulfate solution, and a nitrate solution; and further includes magnesium ions, calcium ions, potassium ions, ammonium one or more of the ions, Para[0019]. Yanfei does not specifically disclose ferric chloride.
Sievert teaches in situ mining using bacteria in a similar field of endeavor as the claimed invention. Sievert teaches that the leaching agent can be used with additives which promote generation of the leaching agent in the leaching fluid, modifies the relationship between the leaching agent and leaching fluid, promotes leaching, or modifies any feature of the in situ leaching process according to conventional methods in view of this disclosure. Typical additives include surfactants, emulsifiers, and salts such as ferric chloride and ferric sulfate, Para[0011]. Therefore, it would be obvious to one of ordinary skill in the art to use the method disclosed in Yanfei with the ferric chloride taught by Sievert in order to promote leaching. Thus, Yanfei in view of Zhao, Yu, Huang, and Sievert covers all limitations of claim 11.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over CN105274362 (machine translation) of Yanfei, in view of CN113151697 (machine translation) of Zhao and CN111482452 (machine translation) of Yu, as cited above, further in view of CN114703365 (machine translation) of Zhou.
Claim 9 further limits claim 8 by claiming that the in-situ ore leaching, the heap leaching, and the pool leaching are each independently conducted for 4 h to 24 h.
Yanfei does not disclose a leaching time.
Zhou teaches a leaching time of less than 670 minutes, Para[0017]. This overlaps with the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists, see MPEP 2144.05. Zhou discloses that after testing, using the composite leaching agent obtained in this example, the time for rare earth leaching to reach equilibrium is 662 minutes, Para[0036]. Therefore, it would be obvious to one of ordinary skill in the art to use the method disclosed Yanfei with the leaching time taught in Zhou in order for the rare earth leaching to reach equilibrium. Thus, Yanfei in view of Zhao, Yu, and Zhou covers all limitations of claim 9.
Response to Arguments
Applicant's arguments filed 03 June 2026 have been fully considered but they are not persuasive. Applicant argues that (remarks, page 7 of 10) the invention as claimed differs fundamentally from that of primary reference Yanfei because Yanfei focuses solely on the leaching of ion-echangeable phase rare earths using ascorbic acid and ammonium salt and not a combination of various organic acids and salts. This is not found persuasive as Yanfei discloses fulvic acid, citric acid, Para[0008], and chloride salt, Para[0049]. Thus, the disclosure of Yanfei is not limited to ascorbic acid and ammonium salts. One of ordinary skill in the art would be able to consider the enhanced leaching performance disclosed by Yanfei in the context of the various acids and salts disclosed.
In support of the patentability of Applicant’s claims, Applicant has submitted the declaration of Dr. Tinggang Li who is also an inventor of the claimed invention.
Applicant argues that (remarks, page 8 of 10) Exhibit A of the declaration shows unexpected, superior results. Comparative example 1 was performed with the claimed flow rate and solid-to-liquid ratio, but with Yanfei’s total concentration of the organic acid and the chemical agent. Applicant argues that the increased efficiency % of example 1, which uses the claimed total concentration of the organic acid and the chemical agent instead of Yanfei’s, compared to comparative example 1 is unexpected. This is not found persuasive as Yu teaches a total concentration of the organic acid and the chemical agent of 0.025. As described in the rejection of claim 1 above, this value overlaps with the claimed range establishing a prima facie case of obviousness. As Yu teaches that the main purpose of the present invention is to provide a gradient leaching technique in view of the deficiencies in the prior art, which can effectively elute and eluting the weathered crust, one of ordinary skill in the art would be able to consider the teachings of Yu, specifically the disclosed ranges for magnesium salt and malic acid, and reasonably expect increased efficiency % as shown in Exhibit A. Thus, the results shown in Exhibit A are not unexpected.
Comparative example 2 was performed with the claimed concentration of organic acid/chemical agent and solid-to-liquid ratio, but with Yanfei’s flow rate. Applicant argues that the increased efficiency % of example 1, which uses the claimed flow rate instead of Yanfei’s, compared to comparative example 2 is unexpected. This is not found persuasive as Yu teaches a flow rate of 0.4-0.8 mL/min. As described in the rejection of claim 1 above, this value overlaps with the claimed range establishing a prima facie case of obviousness. As Yu teaches that the main purpose of the present invention is to provide a gradient leaching technique in view of the deficiencies in the prior art, which can effectively elute and eluting the weathered crust, one of ordinary skill in the art would be able to consider the teachings of Yu, specifically the disclosed range for flow rate, and reasonably expect increased efficiency % as shown in Exhibit A. Thus, the results shown in Exhibit A are not unexpected.
Comparative example 3 was performed with the claimed concentration of organic acid/chemical agent and flow rate, but with Zhou’s solid to liquid ratio. Applicant argues that the increased efficiency % of example 1, which uses the claimed solid to liquid ratio instead of Zhou’s, compared to comparative example 3 is unexpected. This is not found persuasive as Zhao discloses a liquid-to-solid ratio of leaching of 1:1-10:1, Para[0015]. This corresponds to a solid to liquid ratio of 1: (1-10). As described in the rejection of claim 1 above, this value overlaps with the claimed range establishing a prima facie case of obviousness. As Zhao teaches that the purpose of the present invention is to provide a method for leaching weathered crust leaching rare earth ore by using organic acids and organic acid salts as leaching agents, one of ordinary skill in the art would be able to consider the teachings of Zhao, specifically the disclosed range for solid to liquid ratio, and reasonably expect increased efficiency % as shown in Exhibit A. Thus, the results shown in Exhibit A are not unexpected.
Examiner’s Note
Examiner has attached previously-cited foreign reference that were inadvertently omitted in the non-final action. Reference Included: CN105274362, CN115992318, and CN114703365
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.
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/Keith D. Hendricks/Supervisory Patent Examiner, Art Unit 1733
/JACOB BENJAMIN STILES/Examiner, Art Unit 1733
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