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 .
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.
Claims 1, 2, 4, 6, 8 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over CN105274362 of Yanfei.
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; and 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.
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 also discloses a water-soluble ammonium salt, Para[0003]. Thus, Yanfei teaches all limitations of claim 1. Claims 2-13 are also rejected as they depend on 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 2 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. Therefore, Yanfei teaches all limitations of claim 2. Claim 10 is also rejected as it depends on claim 2.
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 2 mol/L; and the organic acid-chemical compound leaching agent has a pH value of 1 to 7.5.
Yanfei teaches a concentration of cations in the range of 0.15 to 0.70 mol/L, Para[0009]. 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. Thus, Yanfei teaches all limitations of claim 4. Claim 11 is rejected as it depends on claim 4.
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]. Therefore, Yanfei covers all limitations of claim 6. Claims 12 and 13 are rejected as they depend on 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 covers all limitations of claim 8. Claim 9 is also rejected as it depends on 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 covers all limitations of claim 13.
Claims 3 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over CN105274362 of Yanfei in view of CN115992318 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 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 Li covers all limitations of claim 10.
Claims 5 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over CN105274362 of Yanfei 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 Sievert covers all limitations of claim 5.
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 Sievert covers all limitations of claim 11.
Claims 7, 9, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over CN105274362 of Yanfei in view of CN114703365 of Zhou.
Claim 7 further limits claim 1 by claiming that a solid-to-liquid ratio of the IAREO to the organic acid-containing leaching agent is in a range of 1 g: (1-12) mL.
Yanfei does not teach a specific solid-to-liquid ratio.
Zhou teaches composite leaching agent for weathering crust illuviation type rare earth ore in the same field of endeavor as the claimed invention. Zhou discloses a solid-to-liquid ratio of 1:(1-3), Para[0018]. Zhou teaches that the rare earth in-situ leaching process involves a typical liquid-solid interface reaction: first, the leaching agent solution is injected into the ore body, the leaching agent solution seeps in the ore body under the action of gravity, and then the cations in the leaching agent solution are adsorbed on the clay. The rare earth on the minerals undergoes an ion exchange reaction, and the rare earth ions are exchanged into the solution, and finally the solution seeps to the mountain to collect the rare earth leachate, Para[0003]. Therefore, it would be obvious to one of ordinary skill in the art to use the method disclosed in Yanfei with the solid-to-liquid ratio disclosed in Zhou in order for the rare earth minerals to undergo the liquid-solid interface reaction. Thus, Yanfei in view of Zhou covers all limitations of claim 7.
Claim 9 further limits claim 8 by claiming that the organic acid-containing leaching agent during the column leaching has a flow rate of 0.05 mL/min to 5 mL/min; and the in-situ ore leaching, the heap leaching, and the pool leaching are each independently conducted for 4 h to 24 h.
Yanfei teaches a flow rate of 0.6 ml/min, Para[0026]. 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. 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 Zhou covers all limitations of claim 9.
Claim 12 further limits claim 6 by claiming a solid-to-liquid ratio of the IAREO to the organic acid-containing leaching agent is in a range of 1 g: (1-12) mL.
Yanfei does not teach a specific solid-to-liquid ratio.
Zhou teaches composite leaching agent for weathering crust illuviation type rare earth ore in the same field of endeavor as the claimed invention. Zhou discloses a solid-to-liquid ratio of 1:(1-3), Para[0018]. Zhou teaches that the rare earth in-situ leaching process involves a typical liquid-solid interface reaction: first, the leaching agent solution is injected into the ore body, the leaching agent solution seeps in the ore body under the action of gravity, and then the cations in the leaching agent solution are adsorbed on the clay. The rare earth on the minerals undergoes an ion exchange reaction, and the rare earth ions are exchanged into the solution, and finally the solution seeps to the mountain to collect the rare earth leachate, Para[0003]. Therefore, it would be obvious to one of ordinary skill in the art to use the method disclosed in Yanfei with the solid-to-liquid ratio disclosed in Zhou in order for the rare earth minerals to undergo the liquid-solid interface reaction. Thus, Yanfei in view of Zhou covers all limitations of claim 12.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB BENJAMIN STILES whose telephone number is (571)272-0598. The examiner can normally be reached Monday-Friday 7:30am - 5:00pm.
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, Keith Hendricks can be reached at (571) 272-1401. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Keith D. Hendricks/Supervisory Patent Examiner, Art Unit 1733
/JACOB BENJAMIN STILES/Examiner, Art Unit 1733
Prosecution Insights