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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2 and 8 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.
Regarding claims 2 and 8, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Allowable Subject Matter
Claims 1, 3-7, and 9-10 are allowed.
Claims 2 and 8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, the prior art fails to disclose or fairly suggest the method for recovering nickel as recited. In particular, the closest prior art of record, Zhong et al. (CN 111004918), hereinafter “Zhong,” teaches a method for preparing alpha spherical nickel by recycling waste nickel hydrogen battery, wherein the method comprises the steps of: a) performing heat treatment on waste nickel hydrogen batteries and carbon powder, crushing and sieving the same, leaching with hydrogen peroxide and sulfuric acid, and filtering to obtain a sulfate solution containing nickel, cobalt, manganese, and aluminum ions, b) heating the sulfate solution containing nickel, cobalt, manganese, and aluminum ions obtained in step a) to 80-98⁰C, adding a certain amount of potassium permanganate solution and sodium sulfate solution, controlling the pH of the reaction solution to not exceed 3.5 by adding a sodium hydroxide solution and/or sodium carbonate solution, stirring, maintaining the temperature for a certain period of time, and filtering the reaction product to obtain a high-purity nickel-cobalt-aluminum sulfate mixed solution, and c) complexing the high-purity nickel-cobalt-aluminum sulfate mixed solution in step b) with ammonia water, then respectively dropwise adding the complexing product, the sodium hydroxide and sodium carbonate mixed solution, and the corresponding nickel sulfate, cobalt sulfate, and/or aluminum sulfate solution to be supplemented into a reaction vessel at a temperature of 55-70⁰C and filled with ammonium water for reaction to prepare alpha spherical nickel (Abstract, [0008]-[0016], claim 1).
However, Zhong fails to teach or adequately suggest wherein the nickel is recovered from iron-aluminum residue, wherein pH is controlled in multiple steps, and wherein an oxidizing agent is added to the nickel complex to break complexation to obtain nickel containing solution, as required by claim 1. Thus, claim 1 is distinct over the teachings of the prior art. Claims 2-10 further limit the subject matter of claim 1 and are thus also distinct over the teachings of the prior art.
Conclusion
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/ANTHONY M LIANG/Primary Examiner, Art Unit 1734