DETAILED ACTION
The Amendment filed 4/6/2026 has been entered.
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 § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 11-17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nemarov et al. (RU 2636727 C1).
Regarding independent claim 11, Nemarov discloses a process of ore beneficiation with application of ultrasound to a flotation or waste froth, comprising: positioning an air-emission ultrasonic transducer (8) above the flotation or waste froth by adjusting an inclination angle of the air-emission ultrasonic transducer in relation to a surface of the flotation or waste froth so that the inclination angle is less than 90 degrees (see at least Fig. 1, note that inclination angle disclosed by Nemarov is capable of being varied, also note that the structure of one of the tanks can be varied so that it is “any other shape” also varying the angle of inclination); and emitting ultrasonic waves through air from the air-emission ultrasonic transducer towards the flotation or waste froth (see Fig. 1 and English translation).
Regarding independent claim 14, Nemarov discloses an ore beneficiation system with application of ultrasound to a flotation or waste froth, comprising: an air-emission ultrasonic transducer (8) positioned above the flotation or waste froth, the air-emission ultrasonic transducer being adapted to emit ultrasonic waves through air toward the flotation or waste froth (see Fig. 1); and wherein an angle of inclination of the air-emission ultrasonic transducer relative to a surface of the flotation or waste froth is less than 90 degrees (see Fig. 1).
Regarding dependent claims 12, 13, and 15-17, Nemarov discloses stirring a mixture formed by an ore slurry and the flotation or waste froth using at least one stirring medium (2, 6, 13). Positioning the air-emission ultrasonic transducer is carried out over at least one of a flotation effluent froth flow chute, or a feeding area of a thickening tank (see Fig. 1). A distance and the angle of inclination of the air-emission ultrasonic transducer with respect to the surface of the flotation or waste froth is variable and adjustable (note that distance and inclination angle disclosed by Nemarov is capable of being varied, also note that the structure of one of the tanks can be varied so that it is “any other shape” also varying the distance and angle of inclination).
Response to Arguments
Applicant's arguments filed 4/6/2026 regarding Nemarov have been fully considered but they are not persuasive.
The applicant states that Nemarov does not disclose “emitting ultrasonic waves through air from the air-emission ultrasonic transducer towards the flotation or waste froth” as recited in the independent claims. The examiner disagrees with the applicant. At least in Fig. 1, Nemarov discloses “emitting ultrasonic waves through air from the air-emission ultrasonic transducer towards the flotation or waste froth.” Fig. 1 is annotated below.
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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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK HEWEY MACKEY whose telephone number is (571)272-6916. The examiner can normally be reached M - F 9-5.
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, Michael McCullough can be reached at 571-272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK H MACKEY/Primary Examiner, Art Unit 3653
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