Prosecution Insights
Last updated: April 19, 2026
Application No. 18/553,389

RECOVERY OF METALS FROM METALLIC OR METAL-BEARING MATERIALS

Non-Final OA §112
Filed
Sep 29, 2023
Examiner
FIORITO, JAMES A
Art Unit
1731
Tech Center
1700 — Chemical & Materials Engineering
Assignee
African Rainbow Minerals Limited
OA Round
1 (Non-Final)
71%
Grant Probability
Favorable
1-2
OA Rounds
2y 11m
To Grant
99%
With Interview

Examiner Intelligence

Grants 71% — above average
71%
Career Allow Rate
502 granted / 711 resolved
+5.6% vs TC avg
Strong +29% interview lift
Without
With
+29.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 11m
Avg Prosecution
36 currently pending
Career history
747
Total Applications
across all art units

Statute-Specific Performance

§101
0.1%
-39.9% vs TC avg
§103
45.9%
+5.9% vs TC avg
§102
24.8%
-15.2% vs TC avg
§112
27.2%
-12.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 711 resolved cases

Office Action

§112
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 Objections Claim 5 is objected to because of the following informalities: Claim 5 recites the term “chrome (Cr)” in lines 3, 7, and 10. The proper chemical name should be “chromium”. Appropriate correction is required. 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. The following is a quotation of 35 U.S.C. 112(d): (d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph: Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers. Claim 4 is 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. In claim 4, line 3, the phrase “the FeCl2.H2O” lacks antecedent basis in the claims. There is no antecedent basis for a ferrous chloride monohydrate. Claim 9 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. The temperature range of claim 9 is already identically recited in claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Allowable Subject Matter Claims 1-3, 6-8, and 10 are allowed. The following is an examiner’s statement of reasons for allowance: The prior art does not teach or suggest the cumulative features of claim 1 with particular attention given to the features of “in a dehydration step, subjecting the FeCl₂.xH₂O to temperature treatment in a non-oxidising environment at a temperature from 70°C to 150°C, to produce dehydrated solid ferrous chloride hydrate (FeCl₂·yH₂O, wherein x>y>0); and in a thermal decomposition step, subjecting the FeCl₂·yH₂O to temperature treatment in an oxidising environment at a temperature above 200°C but not higher than 600°C and thus decomposing the FeCl₂yH₂O to produce solid ferric oxide (Fe₂O₃) and anhydrous gaseous HCl.” The prior art of Weert “Reagent recovery in chloride hydrometallurgy – some mixing links” teaches a process of hydrolysis of FeCl2 and water in the presence of oxygen at temperatures of 600 to 800 deg. C to produce ferric oxide Fe2O3 and HCl (Page 518). Weert does not teach or suggest “in a dehydration step, subjecting the FeCl₂.xH₂O to temperature treatment in a non-oxidising environment at a temperature from 70°C to 150°C, to produce dehydrated solid ferrous chloride hydrate (FeCl₂·yH₂O, wherein x>y>0); and in a thermal decomposition step, subjecting the FeCl₂·yH₂O to temperature treatment in an oxidising environment at a temperature above 200°C but not higher than 600°C and thus decomposing the FeCl₂yH₂O to produce solid ferric oxide (Fe₂O₃) and anhydrous gaseous HCl.” The prior art of Grulke US 3928529 teaches a process of hydrolysis of FeCl3 and water at 232 deg. C to produce ferric oxide Fe2O3 and HCl (Figure; col. 4, l. 45-55). Grulke does not teach or suggest “in a dehydration step, subjecting the FeCl₂.xH₂O to temperature treatment in a non-oxidising environment at a temperature from 70°C to 150°C, to produce dehydrated solid ferrous chloride hydrate (FeCl₂·yH₂O, wherein x>y>0); and in a thermal decomposition step, subjecting the FeCl₂·yH₂O to temperature treatment in an oxidising environment at a temperature above 200°C but not higher than 600°C and thus decomposing the FeCl₂yH₂O to produce solid ferric oxide (Fe₂O₃) and anhydrous gaseous HCl.” Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.” Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A FIORITO whose telephone number is (571)272-9921. The examiner can normally be reached Monday-Friday 9AM-5PM. 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, Amber Orlando can be reached at (571) 270-3149. 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. /JAMES A FIORITO/Primary Examiner, Art Unit 1731
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Prosecution Timeline

Sep 29, 2023
Application Filed
Mar 06, 2026
Non-Final Rejection — §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
71%
Grant Probability
99%
With Interview (+29.0%)
2y 11m
Median Time to Grant
Low
PTA Risk
Based on 711 resolved cases by this examiner. Grant probability derived from career allow rate.

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