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 .
DETAILED ACTION
Response to Election/Restrictions
1. Applicant’s election without traverse of Group I, claims 2-17, in the reply filed on 03/06/2026 is acknowledged.
2. Claims 1 & 18-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention(s), there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 03/06/2026.
Status of Application
3. This application is a Continuation of PCT/CN2022/106090 (filed on 07/15/2022).
Claims 1-19 were originally presented in this application.
Claims 20-21 were originally canceled in this application.
Claims 1-19 are currently in this application.
Specification
4. The examiner has not checked the specification to the extent necessary to determine the presence of all possible minor errors (grammatical, typographical, and idiomatic). Cooperation of the applicant(s) is requested in correcting any errors of which applicant(s) may become aware of in the specification, in the claims and in any further amendment(s) that applicant(s) may file.
Applicant(s) is also requested to complete the status of the copending applications referred to in the specification by their Attorney Docket Number or Application Serial Number, if any.
The status of the parent application(s) and/or any other application(s) cross-referenced to this application, if any, should be updated in a timely manner.
Information Disclosure Statement
5. The information disclosure statements (IDS) filed on 04/16/2024 and 05/21/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner. An initialed copy accompanies this office action.
Claim Objections
6. Claims 2-4, 6-14, & 16-17 are objected to because of the following informalities:
A. In claim 2, line 1, “at least” should be deleted.
B. In claim 2, line 1 of step S2, “required for preparing the ferromanganese phosphate precursor” should be deleted.
C. In claim 2, line 3 of step S2, “required for preparing the ferromanganese phosphate precursor” should be deleted.
D. In claim 3, line 2, “also” should be deleted.
E. In claim 4, line 1, “also” should be deleted.
F. In claim 4, line 2, “and optionally,” should change to --wherein--.
G. In claims 6-8 & 12-14, “,” after “wherein” should be deleted.
H. In claims 6-8 & 12-14, “,” after “and/or” should be deleted.
I. In claim 9, line 2, “required for preparing the ferromanganese phosphate precursor” should be deleted.
J. In claim 9, line 4-5, “optionally” should be deleted.
K. In claim 9, last line, “or Cr” should change --and Cr--.
L. In claim 10, line 2, “required for preparing the ferromanganese phosphate precursor” should be deleted.
M. In claims 16 & 17, line 1, “,” after “wherein” should be deleted.
N. In claims 16 & 17, “,” after “and/or” should be deleted.
Appropriate correction is required.
Claim Rejections - 35 USC § 112 (Second Paragraph)
7. 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 6, 12, & 17 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.
A. Regarding claim 6, the claim recites multiple ranges for the flow rate of the metal salt solution in the first pipeline and the phosphorus source solution in the second pipeline. A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c).
In the present instance, claim 6 recites the broad recitation “0.2 L/min to 2 L/min”, and the claim also recites “0.25 L/min to 1 L/min” (the first pipeline), which is the narrower statement of the range/limitation. The claim also recites the broad recitation “0.2 L/min to 2 L/min”, and the claim also recites “0.25 L/min to 1 L/min” (the second pipeline).
The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
B. Regarding claim 12, same rejection applies as in A above.
C. Regarding claim 17, the claim recites narrower range within a broad range for the particle size of the ferromanganese phosphate. Same rejection applies as in A above.
Allowable Subject Matter
8. Claims 2-17 are allowable over the prior art made of record. The claims would be allowed if the rejections under 35 U.S.C. 112(b)(second paragraph) and Claim Objections are overcome. The following is an examiner’s statement of reasons for allowance:
CN107337189 (B) discloses a continuous ferric phosphate production system having multiple reactors connected sequentially through pumps and dehydration system, a temperature sensor is arranged in each reactor, heat conductive oil controlled by valves flows through reactors, and the production system operates under continuous feeding and discharging (see Abstract).
CN106981656 (A) discloses a method for preparing ferromanganese phosphate with an oxidant and a surfactant (see Abstract).
While CN107337189 (B) teaches a continuous system for production of ferric phosphate, the reference does not teach step-by-step for carrying out the method as recited in the instant claim 2, step S2 and the product prepared by the disclosed method does not contain manganese. CN106981656 (A) teaches a method for preparing ferromanganese phosphate as claimed, but does not disclose a continuous production system as recited in step S1 of claim 2.
There is no motivation to combine the teachings of the prior art references together to arrive to the claimed invention.
Citations
9. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. All references are cited for related art. See PTO-892 Form prepared.
Conclusion
10. Claims 1-19 are pending. Claims 1 & 18-19 are withdrawn. Claims 2-4, 6-14, & 16-17 are objected. Claims 6, 12, & 17 are rejected. No claims are allowed.
Contacts
11. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Primary Examiner CAM N. NGUYEN whose telephone number is (571)272-1357. The examiner can normally be reached on M-F (8:30 am – 5:00 pm) at alternative worksite or at cam.nguyen@uspto.gov.
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, Anthony Zimmer, can be reached at 571-270-3591. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Cam N. Nguyen/Primary Examiner, Art Unit 1736
/CNN/
April 08, 2026