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, 5-7, 9, 11, 12, 17, 19, 21, 22, 38, and 40-45 are pending and under consideration for this Office Action.
Claim Rejections - 35 USC § 112(b)
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, 5-7, 9, 11, 12, 17, 19, 21, 22, 38, and 40-45 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 limitations claiming “delivering at least a first portion of the treated iron-rich solution to an iron-plating subsystem having a second electrochemical cell; second electrochemically reducing at least a first portion of the transferred formed Fe2+ ions to Fe metal at a second cathode of the second electrochemical cell” makes reference to a second electrochemical reduction in a second electrochemical cell. However, there is a no first electrochemical reduction nor a first electrochemical cell. Thus, it is unclear how there can be a second version of these without a first one being claimed.
Claim 40: The limitations claiming “the second electrochemical cell comprises a second cathode” makes reference to a second electrochemical reduction having a second cathode. However, there is a no first electrochemical reduction nor a first cathode. Thus, it is unclear how there can be a second version of these without a first one being claimed.
Any claims dependent on the above claim(s) are rejected for their dependence
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 5-7, 9, 11, 12, 17, 19, 21, 22, 38, and 40-45 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 6-8, and 10-22 of U.S. Patent No. 12435437 B2 (referred to as 437 herein). Although the claims at issue are not identical, they are not patentably distinct from each other.
Claim 1: Claim 1 of 437 claims a method for producing iron (“A method for producing iron”), the method comprising:
providing a feedstock having an iron-containing ore and one or more impurities to a dissolution subsystem (“providing a solid feedstock having an iron-containing ore and one or more non-iron impurities to a dissolution subsystem”);
dissolving at least a portion of the iron-containing ore using an acid to form an acidic iron-salt solution having dissolved first Fe3+ ions (“dissolving at least a portion of the iron-containing ore using an acid to form an acidic iron-salt solution having dissolved first Fe3+ ions”);
reducing said first Fe3+ ions to form Fe2+ ions (“reducing said first Fe3+ ions to form Fe2+ ions”);
producing an iron-rich solution in the dissolution subsystem, the iron-rich solution having at least a portion of the formed Fe2+ ions and at least a portion of the one or more impurities (“producing an iron-rich solution in the dissolution subsystem, the iron-rich solution having at least a portion of the formed Fe2+ ions and at least a portion of the one or more non-iron impurities”);
treating at least a first portion of the iron-rich solution to remove at least a portion of the one or more impurities from the iron-rich solution, thereby forming a treated iron-rich solution having at least a portion of the formed Fe2+ ions (“treating at least a first portion of the iron-rich solution to remove at least a portion of the one or more non-iron impurities from the iron-rich solution, thereby forming a treated iron-rich solution having at least a portion of the formed Fe2+ ions”);
wherein the step of treating comprises raising a pH of the iron-rich solution from an initial pH to an adjusted pH thereby precipitating at least a portion of the one or more impurities in the treated iron-rich solution (“wherein the step of treating comprises raising a pH of the iron-rich solution from an initial pH to an adjusted pH thereby precipitating at least a portion of the one or more non-iron impurities from the treated iron-rich solution”);
delivering at least a first portion of the treated iron-rich solution to an iron-plating subsystem having a second electrochemical cell (“delivering at least a first portion of the treated iron-rich solution to an iron-plating subsystem having an electrochemical plating cell”);
second electrochemically reducing at least a first portion of the transferred formed Fe2+ ions to Fe metal at a second cathode of the second electrochemical cell (“electroplating iron by electrochemically reducing at least a first portion of the delivered formed Fe2+ ions to Fe metal at a plating cathode of the electrochemical plating cell”); and
removing the Fe metal from the second electrochemical cell thereby producing iron (“removing the Fe metal from the electrochemical plating cell thereby producing iron”).
Claim 5: Claim 6 of 437 claims that the adjusted pH is at or greater than a precipitation pH of the one or more impurities and below a precipitation pH of Fe2+ ions, thereby precipitating at least a portion of the one or more impurities.
Claim 6: Claim 7 of 437 claims that the adjusted pH is at or greater than a precipitation pH of aluminum, titanium, and phosphate ions and below the precipitation pH of Fe2+ ions, thereby precipitating at least a portion of aluminum,titanium, and phosphorous-containing ions.
Claim 7: Claim 8 of 437 claims that precipitating titanium hydroxide, aluminum hydroxide, aluminum phosphate, and/or iron phosphate.
Claim 9: Claim 10 of 437 claims that the adjusted pH is selected from the range of 3 to 7.
Claim 11: Claim 11 of 437 claims that the adjusted pH also results in coagulation of colloidal silica caused by the precipitation of other impurities; the method further comprising removal of at least a portion of the colloidal silica.
Claim 12: Claim 12 of 437 claims that the step of raising the pH comprises providing metallic iron and/or an iron oxide material in the presence of the iron-rich solution; and wherein a reaction between the removed portion of the iron-rich solution and the provided metallic iron and/or iron oxide material consumes protons in the iron-rich solution thereby raising its pH.
Claim 17: Claim 13 of 437 claims that the metallic iron is a portion of the Fe metal formed during the step of second electrochemically reducing.
Claim 19: Claim 15 of 437 claims that the second electrochemical cell comprises a second cathodic chamber having a second catholyte in the presence of the second cathode, a second anodic chamber having a second anolyte in the presence of a second anode, and a second separator separating the second catholyte from the second anolyte (14: “the electrochemical plating cell comprises a plating cathodic chamber having a plating catholyte in the presence of the plating cathode, a plating anodic chamber having a plating anolyte in the presence of a plating anode, and a plating separator separating the plating catholyte from the plating anolyte”), and wherein the treated iron-rich solution is directly or indirectly delivered to the second cathodic chamber (15: “the treated iron-rich solution is directly or indirectly delivered to the plating cathodic chamber”).
Claim 21: Claim 16 of 437 claims that the treated iron-rich solution is not delivered to the second anodic chamber (“the treated iron-rich solution is not delivered directly to the plating anodic chamber”).
Claim 22: Claim 17 of 437 claims delivering a second portion of the produced iron-rich solution directly or indirectly to the second anodic chamber; wherein the second portion of the iron-rich solution is either untreated or subjected to a different treatment than the first portion of the iron-rich solution (“delivering a second portion of the produced iron-rich solution directly or indirectly to the plating anodic chamber; wherein the second portion of the iron-rich solution is either untreated or subjected to a different treatment than the first portion of the iron-rich solution”).
Claim 38: Claim 18 of 437 claims that the removed Fe metal is characterized by:a concentration of aluminum being less than 0.1 wt.%; and/or a concentration of phosphorous ions being less than 0.01 wt.%.
Claim 44: Claim 3 of 437 claims the dissolution subsystem comprises a first electrochemical cell (“providing at least a portion of the acidic iron-salt solution, having at least a portion of the first Fe3+ ions, to a first cathodic chamber of a first electrochemical cell”);
the first electrochemical cell comprises a first anodic chamber having a first anolyte in the presence of a first anode, a first cathodic chamber having a first catholyte in the presence of a first cathode, and a first separator separating the first anolyte from the first catholyte (“the first electrochemical cell comprises a first anodic chamber having a first anolyte in the presence of a first anode, the first cathodic chamber having a first catholyte in the presence of a first cathode, and a first separator separating the first anolyte from the first catholyte”);
the method comprises providing at least a portion of the acidic iron-salt solution, having at least a portion of the first Fe3+ ions, to the first cathodic chamber (“providing at least a portion of the acidic iron-salt solution, having at least a portion of the first Fe3+ ions, to a first cathodic chamber of a first electrochemical cell”);
and the step of reducing is a step of first electrochemically reducing said first Fe3+ ions in the first catholyte to form said Fe2+ ions (“wherein the step of reducing comprises first electrochemically reducing said first Fe3+ ions in the first catholyte to at least a portion of the formed Fe2+ ions in the first catholyte”).
Claim 40: Claim 19 of 437 claims a system for producing iron (“A system for producing iron”), the system comprising:
a dissolution subsystem having a first dissolution tank (“a dissolution subsystem having a first dissolution tank”) and;
an iron-plating subsystem fluidically connected to the dissolution subsystem and having a second electrochemical cell (“an iron-plating subsystem having an electrochemical plating cell, the iron-plating subsystem being configured to receive at least a first portion of the treated iron-rich solution from the first impurity-removal subsystem;”); and
a first impurity-removal subsystem (“a first impurity-removal subsystem”);
wherein:
the first dissolution tank receives a feedstock having one or more iron-containing ores and one or more impurities (“the first dissolution tank comprises a solid feedstock having one or more iron-containing ores and one or more non-iron impurities”);
the first dissolution tank comprises an acidic iron-salt solution for dissolving at least a portion of the one or more iron-containing ores to generate dissolved first Fe3+ ions in the acidic iron-salt solution (“the first dissolution tank further comprises an acidic iron-salt solution for dissolving at least a portion of the one or more iron-containing ores to generate dissolved non-iron impurities and dissolved first Fe3+ ions in the acidic iron-salt solution”);
at least a portion of the acidic iron-salt solution, having at least a portion of the first Fe3+ ions, is provided to the first cathodic chamber (“a reduction subsystem configured to reduce the first Fe3+ ions in the acidic iron-salt solution to produce formed Fe2+ ions in an iron-rich solution”. The reduction would occur at the cathode);
the first Fe3+ ions are reduced to form Fe2+ ions (“a reduction subsystem configured to reduce the first Fe3+ ions in the acidic iron-salt solution to produce formed Fe2+ ions in an iron-rich solution”);
an iron-rich solution is formed in the dissolution subsystem, the iron-rich solution having at least a portion of the formed Fe2+ ions and at least a portion of the one or more impurities (“a reduction subsystem configured to reduce the first Fe3+ ions in the acidic iron-salt solution to produce formed Fe2+ ions in an iron-rich solution; a first impurity-removal subsystem configured to receive the iron-rich solution and to remove at least a portion of the one or more non-iron impurities”);
at least a portion of the iron-rich solution is provided to the first impurity removal subsystem to remove at least a portion of the one or more impurities from the iron-rich solution, thereby forming a treated iron-rich solution having at least a portion of the formed Fe2+ ions (“a first impurity-removal subsystem configured to receive the iron-rich solution and to remove at least a portion of the one or more non-iron impurities from the iron-rich solution, thereby forming a treated iron-rich solution having at least a portion of the formed Fe2+ ions;”);
wherein a pH of the iron-rich solution is raised, in the first impurity removal subsystem, from an initial pH to an adjusted pH to precipitate the removed portion one or more impurities (“the first impurity-removal subsystem is configured to raise a pH of the iron-rich solution from an initial pH to an adjusted pH to precipitate the removed portion of the one or more non-iron impurities”);
at least a first portion of the treated iron-rich solution is delivered from the first impurity-removal subsystem to the iron-plating subsystem (“the iron-plating subsystem being configured to receive at least a first portion of the treated iron-rich solution from the first impurity-removal subsystem”);
the second electrochemical cell comprises a second cathode for reducing at least a portion of the transferred delivered Fe2+ ions to Fe metal (“the electrochemical plating cell comprising a plating cathode configured for reducing at least a portion of the delivered formed Fe2+ ions to Fe metal”); and
the Fe metal is removed from the second electrochemical cell (“an iron removal system configured for removing the Fe metal from the electrochemical plating cell”).
Claim 40: Claim 21 of 437 claims that the impurity-removal subsystem comprises a reactor for contacting the iron-rich solution with metallic iron (“the first impurity-removal subsystem comprises a reactor for contacting a portion of the Fe metal removed from the electrochemical plating cell with the iron-rich solution”).
Claim 40: Claim 20 of 437 claims the metallic iron in the reactor comprises a portion of the Fe metal removed from the second electrochemical cell (“the first impurity-removal subsystem is configured to contact metallic iron with the acidic iron-salt solution to chemically convert at least a portion of the first Fe3+ ions to at least a portion of the formed Fe2+ ions”).
Claim 43: Claim 22 of 437 claims that the impurity-removal subsystem comprises a solid/liquid separation system for separating precipitated solids from the treated iron-rich solution (“the first impurity-removal subsystem comprises a solid/liquid separation system for separating precipitated solids from the treated iron-rich solution”).
Claim 45: Although 437 does not explicitly claim that “the dissolution subsystem comprises a first electrochemical cell fluidically connected to the first dissolution tank; the first electrochemical cell comprises a first cathodic chamber having a first anolyte in the presence of a first anode, a second anodic chamber having a first catholyte in the presence of a first cathode, and a first separator separating the first anolyte from the first catholyte; and the first Fe3+ ions are electrochemically reduced at the first cathode to form Fe2+ ions in the first catholyte” these are conventional parts that would be obvious to a person having ordinary skill in the art before the effective filing date of the instant invention to electrolytically perform the steps of claim 19 (see claim 3).
Claims 40-43 and 45 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 8 of U.S. Patent No. 12065749 B2
(referred to as 749 herein) in view of Cardarelli (US 2011/0089045 A1).
Claim 40: Claim 1 of 749 claims a system for producing iron (“A system for producing iron”), the system comprising:
a dissolution subsystem having a first dissolution tank (“a dissolution subsystem comprising a dissolution tank”) and;
an iron-plating subsystem fluidically connected to the dissolution subsystem and having a second electrochemical cell (“an iron-plating subsystem fluidically connected to the dissolution subsystem and having a second electrochemical cell”); and
a first subsystem (“a first inter-subsystem”);
wherein:
the first dissolution tank receives a feedstock having one or more iron-containing ores and one or more impurities (“the dissolution tank receives a feedstock having an iron-containing ore”);
the first dissolution tank comprises an acidic iron-salt solution for dissolving at least a portion of the one or more iron-containing ores to generate dissolved first Fe3+ ions in the acidic iron-salt solution (“the dissolution tank comprises an acidic iron-salt solution for dissolving at least a portion of the iron-containing ore to generate dissolved first Fe3+ ions”);
at least a portion of the acidic iron-salt solution, having at least a portion of the first Fe3+ ions, is provided to the first cathodic chamber (“the first Fe3+ ions are electrochemically reduced at the first cathode to form Fe2+ ions in the first catholyte”);
the first Fe3+ ions are reduced to form Fe2+ ions (“the first Fe3+ ions are electrochemically reduced at the first cathode to form Fe2+ ions in the first catholyte”);
an iron-rich solution is formed in the dissolution subsystem, the iron-rich solution having at least a portion of the formed Fe2+ ions and at least a portion of the one or more impurities (“the formed Fe2+ ions are transferred from the dissolution subsystem to the iron-plating subsystem via the first inter-subsystem fluidic connection”);
at least a first portion of the treated iron-rich solution is delivered from the first subsystem to the iron-plating subsystem (“the formed Fe2+ ions are transferred from the dissolution subsystem to the iron-plating subsystem via the first inter-subsystem fluidic connection”);
the second electrochemical cell comprises a second cathode for reducing at least a portion of the transferred delivered Fe2+ ions to Fe metal (“the second electrochemical cell comprises a second cathode for reducing at least a first portion of the transferred formed Fe2+ ions to Fe metal”); and
the Fe metal is removed from the second electrochemical cell (“the Fe metal is removed from the second electrochemical cell”).
749 does not explicitly claim that the first sub-system is a first impurity-removal subsystem; wherein at least a portion of the iron-rich solution is provided to the first impurity removal subsystem to remove at least a portion of the one or more impurities from the iron-rich solution, thereby forming a treated iron-rich solution having at least a portion of the formed Fe2+ ions; wherein a pH of the iron-rich solution is raised, in the first impurity removal subsystem, from an initial pH to an adjusted pH to precipitate the removed portion one or more impurities.
Cardarelli teaches a system for recovering iron from a feedstock (see e.g. abstract and
Fig 1) wherein the feedstock can be from the titanium pigment industry (see e.g. [0015]). The systems takes an iron-rich solution of Fe2+ ions and non-iron impurities (see e.g. [0040]), and treats at least a first portion of the iron-rich solution in the first impurity-removal subsystem to remove at least a portion of the one or more non-iron impurities from the iron-rich solution (see e.g. [0046]), thereby forming a treated iron-rich solution having at least a portion of the formed Fe2+ ions; wherein the first impurity-removal subsystem is configured to raise a pH of the iron-rich solution from an initial pH to an adjusted pH (see e.g. [0051]) thereby precipitating at least a portion of the one or more non-iron impurities from the treated iron-rich solution (“the pH is adjusted by adding, for instance, but not restricted to iron (II) carbonate, the liquor is filtered to separate the remaining insoluble solids”, see e.g. [0024] and [0046]). 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 749 by including the first impurity-removal subsystem step to treat at least a first portion of the iron-rich solution by raising a pH of the iron-rich solution from an initial pH to an adjusted pH thereby precipitating at least a portion of the one or more non-iron impurities from the treated iron-rich solution as taught in Cardarelli to remove any impurities from a feedstock containing non-iron impurities.
Claim 41: Claim 1 of 749 in view of Cardarelli claims that the impurity-removal subsystem comprises a reactor for contacting the iron-rich solution with metallic iron (see e.g. [0052] of Cardarelli).
Claim 42: Claim 8 of 749 in view of Cardarelli claims that the metallic iron in the reactor comprises a portion of the Fe metal removed from the second electrochemical cell (“The system of claim 6, wherein the first recycle solution is formed by mixing at least a portion of the second anolyte and at least a portion of the second catholyte after the reduction of the formed Fe2+ ions to Fe metal is complete or turned off.”)
Claim 43: Claim 1 of 749 in view of Cardarelli claims that the first impurity-removal
subsystem comprises a solid/liquid separation system for separating precipitated solids
from the treated iron-rich solution (Cardarelli: see e.g. [0114]).
Claim 45: Claim 1 of 749 in view of Cardarelli claims that the dissolution subsystem comprises a first electrochemical cell fluidically connected to the first dissolution tank (“a dissolution tank and a first electrochemical cell fluidically connected to the dissolution tank”);
the first electrochemical cell comprises a first cathodic chamber having a first anolyte in the presence of a first anode, a second anodic chamber having a first catholyte in the presence of a first cathode, and a first separator separating the first anolyte from the first catholyte (“wherein the first electrochemical cell comprises a first anodic chamber having a first anolyte in the presence of a first anode, a first cathodic chamber having a first catholyte in the presence of a first cathode, and a first separator separating the first anolyte from the first catholyte”); and
the first Fe3+ ions are electrochemically reduced at the first cathode to form Fe2+ ions in the first catholyte (“the first Fe3+ ions are electrochemically reduced at the first cathode to form Fe2+ ions in the first catholyte”).
Claims 1, 5, 9, 12, 17, 19, and 44 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 19, and 20 of U.S. Patent No. 11767604 B2 (referred to as 604 herein) in view of Cardarelli (US 2011/0089045 A1).
Claim 1: Claim 1 of 604 claims a method for producing iron (“A method for producing iron”), the method comprising:
providing a feedstock having an iron-containing ore and one or more impurities to a dissolution subsystem (“providing a feedstock having an iron-containing ore to a dissolution subsystem”);
dissolving at least a portion of the iron-containing ore using an acid to form an acidic iron-salt solution having dissolved first Fe3+ ions (“dissolving at least a portion of the iron-containing ore using an acid to form an acidic iron-salt solution having dissolved first Fe3+ ions”);
reducing said first Fe3+ ions to form Fe2+ ions (“first electrochemically reducing at least a portion of said first Fe3+ ions in the first catholyte to form Fe2+ ions”);
producing an iron-rich solution in the dissolution subsystem, the iron-rich solution having at least a portion of the formed Fe2+ ions and at least a portion of the one or more impurities (“first electrochemically reducing at least a portion of said first Fe3+ ions in the first catholyte to form Fe2+ ions”);
delivering at least a first portion of the treated iron-rich solution to an iron-plating subsystem having a second electrochemical cell (“transferring at least a portion of the formed Fe2+ ions from the dissolution subsystem to an iron-plating subsystem having a second electrochemical cell”);
second electrochemically reducing at least a first portion of the transferred formed Fe2+ ions to Fe metal at a second cathode of the second electrochemical cell (“second electrochemically reducing at least a first portion of the transferred formed Fe2+ ions to Fe metal at a second cathode of the second electrochemical cell”); and
removing the Fe metal from the second electrochemical cell thereby producing iron (“removing the Fe metal from the second electrochemical cell thereby producing iron”).
Claim 1 of 604 does not explicitly claim treating at least a first portion of the iron-rich solution to remove at least a portion of the one or more impurities from the iron-rich solution, thereby forming a treated iron-rich solution having at least a portion of the formed Fe2+ ions; wherein the step of treating comprises raising a pH of the iron-rich solution from an initial pH to an adjusted pH thereby precipitating at least a portion of the one or more impurities in the treated iron-rich solution.
Cardarelli teaches a method of recovering iron from a feedstock (see e.g. abstract and Fig 1) wherein the feedstock can be from the titanium pigment industry (see e.g. [0015]). The method involves taking an iron-rich solution of Fe2+ ions and non-iron impurities (see e.g. [0040]), and treating at least a first portion of the iron-rich solution to remove at least a portion of the one or more non-iron impurities from the iron-rich solution (see e.g. [0046]), thereby forming a treated iron-rich solution having at least a portion of the formed Fe2+ ions; wherein the step of treating comprises raising a pH of the iron-rich solution from an initial pH to an adjusted pH (see e.g. [0051]) thereby precipitating at least a portion of the one or more non-iron impurities from the treated iron-rich solution (“the pH is adjusted by adding, for instance, but not restricted to iron (II) carbonate, the liquor is filtered to separate the remaining insoluble solids”, see e.g. [0024] and [0046]). 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 604 by including the step of treating at least a first portion of the iron-rich solution by raising a pH of the iron-rich solution from an initial pH to an adjusted pH thereby precipitating at least a portion of the one or more non-iron impurities from the treated iron-rich solution as taught in Cardarelli to remove any impurities from a feedstock containing non-iron impurities.
Claim 5: Claim 1 of 749 in view of Cardarelli claims that the adjusted pH is at or greater than a precipitation pH of the one or more impurities and below a precipitation pH of Fe2+ ions, thereby precipitating at least a portion of the one or more impurities (Cardarelli: “the pH is adjusted by adding, for instance, but not restricted to iron (II) carbonate, the liquor is filtered to separate the remaining insoluble solids”, see e.g. [0024] and [0046]).
Claim 9: Claim 1 of 749 in view of Cardarelli claims that the adjusted pH is 3.5 (Cardarelli: see e.g. [0114]).
Claim 12: Claim 1 of 749 in view of Cardarelli claims that the step of raising the pH comprises providing metallic iron and/or an iron oxide material in the presence of the iron-rich solution; and wherein a reaction between the removed portion of the iron-rich solution and the provided metallic iron and/or iron oxide material consumes protons in the iron-rich solution thereby raising its pH (Cardarelli: see e.g. [0046]; [0114]).
Claim 17: Claim 19 of 749 in view of Cardarelli claims that the metallic iron is a portion of the Fe metal formed during the step of second electrochemically reducing.
Claim 19: Claim 20 of 749 in view of Cardarelli claims that the second electrochemical cell comprises a second cathodic chamber having a second catholyte in the presence of the second cathode, a second anodic chamber having a second anolyte in the presence of a second anode, and a second separator separating the second catholyte from the second anolyte, and wherein the treated iron-rich solution is directly or indirectly delivered to the second cathodic chamber.
Claim 44: Claim 1 of 749 in view of Cardarelli claims that
the dissolution subsystem comprises a first electrochemical cell (“dissolution subsystem comprising a first electrochemical cell”);
the first electrochemical cell comprises a first anodic chamber having a first anolyte in the presence of a first anode, a first cathodic chamber having a first catholyte in the presence of a first cathode, and a first separator separating the first anolyte from the first catholyte (“wherein the first electrochemical cell comprises a first anodic chamber having a first anolyte in the presence of a first anode, a first cathodic chamber having a first catholyte in the presence of a first cathode, and a first separator separating the first anolyte from the first catholyte);
the method comprises providing at least a portion of the acidic iron-salt solution, having at least a portion of the first Fe3+ ions, to the first cathodic chamber (“providing at least a portion of the acidic iron-salt solution, having at least a portion of the first Fe3+ ions, to the first cathodic chamber”);
and the step of reducing is a step of first electrochemically reducing said first Fe3+ ions in the first catholyte to form said Fe2+ ions (“first electrochemically reducing at least a portion of said first Fe3+ ions in the first catholyte to form Fe2+ ions”).
Claims 1, 5-7, 9, 11, 12, 19, and 44 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 82, 86, 88, 90, 92, and 94 of copending Application No. 18/550195 (reference application) (referred to as 195 herein). Although the claims at issue are not identical, they are not patentably distinct from each other.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 1: Claim 82 of 195 claims a method for producing iron (“A method for producing iron”), the method comprising:
providing a feedstock having an iron-containing ore and one or more impurities (82: “the feedstock comprises one or more impurities”) to a dissolution subsystem (1: “a first dissolution tank”)
dissolving at least a portion of the iron-containing ore using an acid to form an acidic iron-salt solution having dissolved first Fe3+ ions (“contacting a first iron-containing ore with an acid to dissolve at least a portion of the first iron-containing ore thereby forming an acidic iron-salt solution having dissolved first Fe3+ ions”);
reducing said first Fe3+ ions to form Fe2+ ions (“reducing at least a portion of the first Fe3+ ions at the first cathode to form Fe2+ ions”);
producing an iron-rich solution in the dissolution subsystem, the iron-rich solution having at least a portion of the formed Fe2+ ions and at least a portion of the one or more impurities (82; “the produced iron-rich solution comprises at least a portion of the one or more impurities”);
treating at least a first portion of the iron-rich solution to remove at least a portion of the one or more impurities from the iron-rich solution, thereby forming a treated iron-rich solution having at least a portion of the formed Fe2+ ions (82: “raising the pH of the removed portion of the iron-rich solution from an initial pH to an adjusted pH thereby precipitating at least a portion of the one or more impurities in the iron- rich solution to form the treated iron-rich solution”);
wherein the step of treating comprises raising a pH of the iron-rich solution from an initial pH to an adjusted pH thereby precipitating at least a portion of the one or more impurities in the treated iron-rich solution (82: “raising the pH comprises raising the pH of the removed portion of the iron-rich solution from an initial pH to an adjusted pH thereby precipitating at least a portion of the one or more impurities in the iron- rich solution to form the treated iron-rich solution”);
delivering at least a first portion of the treated iron-rich solution to an iron-plating subsystem having a second electrochemical cell (“transferring at least a portion of the first iron-rich solution to an iron-plating subsystem, the iron-plating subsystem comprising a second electrochemical cell”);
second electrochemically reducing at least a first portion of the transferred formed Fe2+ ions to Fe metal at a second cathode of the second electrochemical cell (“second electrochemically reducing at least a first portion of the formed Fe2+ ions to Fe metal at a second cathode of the second electrochemical cell”); and
removing the Fe metal from the second electrochemical cell thereby producing iron (1: “removing the Fe metal from the second electrochemical cell thereby producing the iron.”).
Claim 5: Claim 86 of 195 claims that the adjusted pH is at or greater than a precipitation pH of the one or more impurities and below a precipitation pH of Fe2+ ions, thereby precipitating at least a portion of the one or more impurities.
Claim 6: Claim 88 of 195 claims that the adjusted pH is at or greater than a precipitation pH of aluminum, titanium, and phosphate ions and below the precipitation pH of Fe2+ ions, thereby precipitating at least a portion of aluminum, titanium, and phosphorous-containing ions.
Claim 7: Claim 90 of 195 claims precipitating titanium hydroxide, aluminum hydroxide, aluminum phosphate, and/or iron phosphate.
Claim 9: Claim 92 of 195 claims the adjusted pH is selected from the range of 3 to 7.
Claim 11: Claim 94 of 195 claims the adjusted pH also results in coagulation of colloidal silica caused by the precipitation of other impurities; the method further comprising removal of at least a portion of the colloidal silica.
Claim 12: Claim 95 of 195 claims the step of raising the pH comprises providing metallic iron and/or an iron oxide material in the presence of the iron-rich solution; and wherein a reaction between the removed portion of the iron-rich solution and the provided metallic iron and/or iron oxide material consumes protons in the iron-rich solution thereby raising its pH.
Claim 19: Claim 82 of 195 claims that the second electrochemical cell comprises a second cathodic chamber having a second catholyte in the presence of the second cathode, a second anodic chamber having a second anolyte in the presence of a second anode, and a second separator separating the second catholyte from the second anolyte, and wherein the treated iron-rich solution is directly or indirectly delivered to the second cathodic chamber (1: “the second electrochemical cell comprises a second cathodic chamber having a second catholyte in the presence of the second cathode; a second anodic chamber having a second anolyte in the presence of a second anode, and a second separator separating the first anolyte from the first catholyte”).
Claim 44: Claim 82 of 195 claims that
the dissolution subsystem comprises a first electrochemical cell (1: “circulating at least a portion of the acidic iron-salt solution between the first dissolution tank and a first cathodic chamber of a first electrochemical cell”);
the first electrochemical cell comprises a first anodic chamber having a first anolyte in the presence of a first anode, a first cathodic chamber having a first catholyte in the presence of a first cathode, and a first separator separating the first anolyte from the first catholyte (1: “the first electrochemical cell comprises a first anodic chamber having a first anolyte in the presence of a first anode, the first cathodic chamber having the first catholyte in the presence of a first cathode, and a first separator separating the first anolyte from the first catholyte”);
the method comprises providing at least a portion of the acidic iron-salt solution, having at least a portion of the first Fe3+ ions, to the first cathodic chamber;
and the step of reducing is a step of first electrochemically reducing said first Fe3+ ions in the first catholyte to form said Fe2+ ions.
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.
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.
/ALEXANDER W KEELING/Primary Examiner, Art Unit 1795
Prosecution Insights