DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-17 are pending in the instant application.
Priority
This application claims priority to U.S. Provisional Patent Application No. 63/469,059 filed May 26, 2023.
Information Disclosure Statements
Applicants’ Information Disclosure Statements, filed on 08/08/2023, 03/26/2025, 05/14/2026, and 05/20/2026 have been considered. Please refer to Applicant’s copies of the PTO-1449 submitted herewith.
Status of the Claims
Claims 1-17 are under examination on the merits.
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 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.
Claims 1-4, and 6-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. US 11,174,532 (“the `532 patent”) to Harrison et al., issued on Nov. 16, 2021.
Applicant’s claim 1 is drawn to a process for selectively purifying a lithium chloride product stream from an aqueous lithium salt-containing solution, the process comprising the steps of: a. introducing the aqueous lithium salt-containing solution to one or more columns filled with a lithium selective sorbent; b. flowing the aqueous lithium salt-containing solution through the one or more columns to adsorb lithium chloride from the aqueous lithium salt-containing solution onto a sorbent and form a sorbent with a greater lithium chloride content than the sorbent prior to introducing the solution; c. flowing a desorbent fluid once-through the at least one or more columns to desorb lithium chloride from the sorbent into an eluate stream, wherein the desorbent fluid is flowed in a co-current direction with respect to the direction of flow of the aqueous lithium salt-containing solution, and d. recovering a lithium chloride product stream from the eluate stream, wherein the eluate stream has a Li:TDS ratio of 0.08 or more. TDS stands for “total dissolved solid”.
The `532 patent (claim 1) discloses a method of extracting lithium from a lithium containing solution, the method comprising: processing a lithium containing solution in a silica management step to remove silica from the lithium containing solution to produce a silica-lean lithium solution; processing the silica-lean lithium solution in a lithium capture step, wherein the lithium capture step includes: contacting the silica-lean lithium solution with a sorbent material to capture lithium; stripping the sorbent material to produce an eluate; recycling at least a portion of the eluate back to the sorbent material, wherein the portion of the eluate comprises the highest concentration of lithium; recovering lithium from the eluate in the lithium capture step after the recycling step to produce a lithium rich stream; and concentrating the lithium rich stream by processing the lithium rich stream in a reverse osmosis step to produce a concentrated lithium rich stream. In addition, the `532 patent (FIGURE 5)
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discloses a multistep process for the isolation and concentration of lithium ions from a brine or other lithium containing solution according to one embodiment, wherein the lithium is lithium chloride (see col. 6, lns. 3-51). The `532 patent (FIGURE 6, col. 6, ln. 52 to col. 8, ln.12) discloses the silica-lean lithium chloride containing stream 614 can be supplied to lithium capture process 618 that includes at least one intercalated lithium sorbent column, which can be configured to absorb and isolate lithium chloride from the silica-lean lithium chloride containing solution, while at the same time allowing other ions, such as calcium, magnesium, and/or sodium, or the like, to pass with waste water stream 622, through the use of a selective molecular sieve, membrane, or other like materials. In embodiments that include more than one intercalated lithium sorbent column, the bulk of the lithium can be removed in the first intercalated lithium sorbent column, with any subsequent “polishing” intercalated lithium sorbent columns being used to minimize overall lithium loss during the recovery process. The `532 patent (col. 10, lns. 8-27) discloses lithium chloride-rich stream 624 can undergo lithium concentration 626 by various means including evaporation, reverse osmosis, solvent extraction or a combination of these processes to produce a concentrated lithium chloride stream 630 having lithium in the range of 10 wt. % to 42 wt. %, based on the total weight of the concentrated lithium chloride stream 630. In preferred embodiments, concentrated lithium chloride stream 630 has a lithium concentration of at least 20 wt. %, more preferably 30 wt. %, and still more preferable 42 wt. %, based on the total weight concentrated lithium chloride stream 630. In the most cases, the concentration of sodium and potassium in the concentrated lithium chloride stream 630 are less than 1 wt. % of stream 630, which reads on the limitation of step d. “covering a lithium chloride product stream from the eluate stream, wherein the eluate stream has a Li:TDS ratio of 0.08 or more”. Therefore, the `532 patent anticipates claims 1-2.
In terms of claim 3 wherein the aqueous lithium salt-containing solution is subject to a pre-treatment step of mechanical pre-treatment, temperature adjustment, chemical pre-treatment or pH adjustment, the `532 patent (claim 1, and FIG. 6, col. 7, lns. 7-10) discloses a method of extracting lithium from a lithium containing solution, the method comprising: processing a lithium containing solution in a silica management step to remove silica from the lithium containing solution to produce a silica-lean lithium solution, wherein the silica management process 612 can include the step of contacting lithium salt containing solution 610 with activated alumina to remove at least a portion of the silica present, which is a chemical pre-treatment.
In terms of claim 4 wherein the lithium selective sorbent is an ion sieve sorbent, a lithium-metal oxide sorbent, a mixed metal oxide sorbent, an alkali or alkali earth metal/alumina matrix, transition metal/alumina matrix or a molecular sieve sorbent, the `532 patent (col. 2, lns. 3-8) discloses the processing utilizes a lithium-specific sorbent that preferentially binds lithium, and particular loading, recycling, and elution profiles are employed to significantly and specifically enrich lithium ions over other ions (e.g., sodium, calcium, manganese, etc.). The `532 patent (col. 10, ln. 65 to col. 11, ln.10) discloses sorbent materials may include lithium oxides, lithium cobalt oxide, lithium phosphates, lithium iron phosphate, lithium fluorophosphates, lithium vanadium fluorophosphates, lithium manganese cobalt nickel oxides, lithium alumina, activated alumina, boehmite, cobalt nickel oxides, lithium titanate, lithium manganese oxides, or mixtures thereof. The sorbent materials may be provided in various forms (e.g., powder). In some embodiments, matrices based upon the sorbent compositions (e.g., activated alumina lithium intercalate sorbent) can be prepared by mixing the sorbent material with a polymer, plastic, or other organic or inorganic binder material.
In terms of claim 6 wherein the desorbent fluid is water, pH adjusted water or a polar organic solvent, Example 7 of the `532 patent (col. 28, lns. 24-42) discloses the desorbent fluid is a strip solution of water.
In terms of claim 7 wherein the desorbent fluid is derived from a process operation or is a recycled process stream, the `532 patent (col. 6, lns. 17-21) discloses the reverse osmosis permeate (line 505), which essentially comprises water, is recycled back to lithium extraction as the condensate stream (line 590) produced by the concentration of lithium chloride due to the evaporation of water.
In terms of claims 8-10, further comprising a step between step b) and step c) of addition of a conductive metal salt solution, wherein the alkali metal salt solution is any mono-valent water-soluble salt, Example 7 of the `532 patent (col. 28, lns. 24-42) discloses the desorbent fluid is a sodium chloride wash solution, which is a conductive alkali metal salt solution of mono-valent water-soluble salt (e.g., NaCl).
In terms of claims 11-13, the `532 patent teaches a process comprising a step e) of concentrating the lithium chloride product stream using reverse osmosis, solvent extraction, evaporation, ion exchange or a combination.
Claim Rejections - 35 USC § 103(a)
The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the manner in which the invention was made.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103(a) are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims under pre-AIA 35 U.S.C. 103(a), the examiner presumes that the subject matter of the various claims was commonly owned at the time any inventions covered therein were made absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and invention dates of each claim that was not commonly owned at the time a later invention was made in order for the examiner to consider the applicability of pre-AIA 35 U.S.C. 103(c) and potential pre-AIA 35 U.S.C. 102(e), (f) or (g) prior art under pre-AIA 35 U.S.C. 103(a).
Claims 5 and 14-17 are rejected under 35 U.S.C. 103 (a) as unpatentable over the `532 patent in view of U.S. Patent No. US 11,365,128 (“the `128 patent”) to Marston et al., published in US2019/0256368 A1 on Aug. 22, 2019.
The `532 patent (claim 1) discloses a method of extracting lithium from a lithium containing solution, the method comprising: processing a lithium containing solution in a silica management step to remove silica from the lithium containing solution to produce a silica-lean lithium solution; processing the silica-lean lithium solution in a lithium capture step, wherein the lithium capture step includes: contacting the silica-lean lithium solution with a sorbent material to capture lithium; stripping the sorbent material to produce an eluate; recycling at least a portion of the eluate back to the sorbent material, wherein the portion of the eluate comprises the highest concentration of lithium; recovering lithium from the eluate in the lithium capture step after the recycling step to produce a lithium rich stream; and concentrating the lithium rich stream by processing the lithium rich stream in a reverse osmosis step to produce a concentrated lithium rich stream. In addition, the `532 patent (FIGURE 5)
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discloses a multistep process for the isolation and concentration of lithium ions from a brine or other lithium containing solution according to one embodiment, wherein the lithium is lithium chloride (see col. 6, lns. 3-51). The `532 patent (FIGURE 6, col. 6, ln. 52 to col. 8, ln.12) discloses the silica-lean lithium chloride containing stream 614 can be supplied to lithium capture process 618 that includes at least one intercalated lithium sorbent column, which can be configured to absorb and isolate lithium chloride from the silica-lean lithium chloride containing solution, while at the same time allowing other ions, such as calcium, magnesium, and/or sodium, or the like, to pass with waste water stream 622, through the use of a selective molecular sieve, membrane, or other like materials. In embodiments that include more than one intercalated lithium sorbent column, the bulk of the lithium can be removed in the first intercalated lithium sorbent column, with any subsequent “polishing” intercalated lithium sorbent columns being used to minimize overall lithium loss during the recovery process. The `532 patent (col. 10, lns. 8-27) discloses lithium chloride-rich stream 624 can undergo lithium concentration 626 by various means including evaporation, reverse osmosis, solvent extraction or a combination of these processes to produce a concentrated lithium chloride stream 630 having lithium in the range of 10 wt. % to 42 wt. %, based on the total weight of the concentrated lithium chloride stream 630. In the most cases, the concentration of sodium and potassium in the concentrated lithium chloride stream 630 are less than 1 wt. % of stream 630, which reads on the limitation of step d. “covering a lithium chloride product stream from the eluate stream, wherein the eluate stream has a Li:TDS ratio of 0.08 or more”.
In terms of claim 5 wherein the one or more columns are packed-bed columns, the `532 patent teaches a method of extracting lithium from a lithium containing solution, the method comprising contacting the silica-lean lithium solution with a sorbent material to capture lithium packed in a column. The `532 patent does not teach a purification method using the one or more columns which are packed-bed columns. However, the difference is further taught by the `128 patent. The `128 patent (FIG. 5, claim 1) teaches a method for selective recovery of lithium from a brine solution, said process comprising the steps of: concentrating said lithium in said brine solution by cyclically and sequentially flowing said brine solution through a continuous countercurrent adsorption and desorption circuit to form an enhanced lithium product stream; wherein the continuous countercurrent adsorption and desorption circuit comprises a central multi-port valve system; and recovering said lithium from said enhanced lithium product stream using an eluant solution comprising lithium chloride and water at a concentration of up to about 1000 mg/kg lithium and at temperatures of about 5° C. to about 100° C, wherein the thirty (30) individual adsorption columns 402 arranged in a rotating carrousel pilot skid with a central rotary valve design with each column. Therefore, the `128 patent teaches one or more columns are packed-bed columns in order to improve lithium purification performance with excellent results for the preparation of a lithium chloride product having low calcium and magnesium concentrations.
In terms of claims 14-17 wherein the step of flowing the aqueous lithium salt-containing solution through the one or more columns at a variable velocity is performed within the range of 4 to 800 LPM/M2 column cross sectional area, or within the range of 80 to 400 LPM/M2 column cross sectional area, both The `532 patent and the `128 patent teach methods for extracting lithium from a lithium containing solution by flowing through absorbent columns, optimizing flowing the aqueous lithium salt-containing solution through the one or more columns at a variable velocity is a routine optimization, and at grasp of one ordinary skilled in the art.
Conclusions
Claims 1-17 are rejected.
Telephone Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yong L. Chu, whose telephone number is (571)272-5759. The examiner can normally be reached on M-F 8:30am-5:00pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amber R. Orlando can be reached on 571-270-3149. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
/YONG L CHU/Primary Examiner, Art Unit 1731
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