Prosecution Insights
Last updated: August 15, 2026
Application No. 18/700,962

PROCESSES FOR PRODUCING LITHIUM COMPOUNDS USING REVERSE OSMOSIS

Non-Final OA §103§DP
Filed
Apr 12, 2024
Priority
Oct 12, 2021 — nonprovisional of PCTUS2021054546
Examiner
CHU, YONG LIANG
Art Unit
Tech Center
Assignee
Terralithium LLC
OA Round
1 (Non-Final)
75%
Grant Probability
Favorable
1-2
OA Rounds
0m
Est. Remaining
78%
With Interview

Examiner Intelligence

Grants 75% — above average
75%
Career Allowance Rate
1076 granted / 1436 resolved
+14.9% vs TC avg
Minimal +3% lift
Without
With
+3.0%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
47 currently pending
Career history
1478
Total Applications
across all art units

Statute-Specific Performance

§101
1.8%
-38.2% vs TC avg
§103
34.6%
-5.4% vs TC avg
§102
20.8%
-19.2% vs TC avg
§112
30.1%
-9.9% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1436 resolved cases

Office Action

§103 §DP
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 1-20 are pending in the instant application. Priority This application is a National Phase Application of International Application Serial No. PCT/US2021/054546, filed October 12, 2021. Information Disclosure Statements Applicants’ Information Disclosure Statements, filed on 04/12/2024, 10/13/2025, 12/12/2025, and 03/18/2026 have been considered. Please refer to Applicant’s copies of the PTO-1449 submitted herewith. Status of the Claims Claims 1-20 are under examination on the merits. 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 1-20 are rejected under 35 U.S.C. 103 (a) as unpatentable over U.S. Patent Application Publication No. US2020/0086271A1 (“the `271 publication”) to Harrison et al, published on March 19, 2020, in view of U.S. Patent Application Publication No. US2019/0248667 A1 (“the `667 publication”) to Featherstone et al, published on August 15, 2019, and U.S. Patent Application Publication No. US2018/245180 A1 (“the `180 publication”) to Cheng et al, published on August 30, 2018. Applicant’s claim 1 is drawn to a method of extracting lithium from a lithium containing solution, the method comprising: processing a lithium containing solution in a lithium capture step by contacting the lithium containing solution with a sorbent material to capture lithium and produce an eluate of the sorbent; recovering lithium from the eluate in the lithium capture step to produce a lithium rich stream; concentrating the lithium rich stream by processing the lithium rich stream in a reverse osmosis step to produce a concentrated lithium rich stream; recycling at least a portion of the eluate back to the sorbent, wherein the portion of the eluate comprises a fraction from an area of peak lithium concentration. The `271 publication [0063] discloses a method 300 for the isolation and concentration of lithium ions from a brine or other lithium containing solution according to FIGURE 6 PNG media_image1.png 756 462 media_image1.png Greyscale , wherein the brine is supplied to silica management step 310, wherein silica is removed from the brine to produce a silica-free brine or lithium containing solution. After silica management step 310, lithium ions are removed from the silica-free brine or lithium containing solution in lithium capture step 320 to form a lithium ion containing solution. The lithium ion containing solution produced from lithium capture step 320 is concentrated via forward osmosis step 330 (labeled as “Reverse Osmosis”) to produce a concentrated lithium ion containing solution. After forward osmosis step 330, there can be optional further concentration of the lithium containing solution, followed by an optional purification step to remove sodium and potassium before the solution is fed to electrochemical production of lithium hydroxide step 340. In addition, the `271 publication [0059] discloses a process for producing lithium hydroxide and lithium carbonate from a lithium salt-containing brine including a step that concentrates lithium via a sorbent that allows for selective lithium retention and recovery, and further steps that concentrate the recovered lithium product via forward osmosis. In addition, FIGURE 7 PNG media_image2.png 732 497 media_image2.png Greyscale of the `271 publication also label the step 430 in the process 400 as “Reverse Osmosis”. Therefore, the step of concentrating the lithium rich stream through reverse osmosis step to produce a concentrated lithium rich stream is taught/or suggested by the `271 publication. In addition, the `667 publication [0052] teaches using reverse osmosis 418 to dewater and concentrate the lithium product solution 417 producing a product eluate with higher lithium tenor 419, while producing a recycle stream 420 suitable for use as make-up or as fresh eluant 416 according to FIG. 5 PNG media_image3.png 489 893 media_image3.png Greyscale . In terms of the limitation of the step “recycling at least a portion of the eluate back to the sorbent, wherein the portion of the eluate comprises a fraction from an area of peak lithium concentration”, the `180 publication discloses lithium recovery from brine through lithium sorption/desorption using sorbent material and recycling a portion of lithium solution back to lithium sorption, see Figure 1B PNG media_image4.png 364 788 media_image4.png Greyscale . Therefore, the combined references would have rendered claim 1 obvious. In terms of claim 2 wherein the lithium rich stream comprises divalent ions and borate ions, the `271 publication [0009-0011] discloses a method of extracting lithium from a lithium containing solution includes: supplying a lithium containing solution to a lithium capture step, the lithium capture step being operable to capture lithium from the lithium salt containing solution; recovering lithium from the lithium capture step to produce a lithium rich stream; optionally purifying the lithium rich stream to remove divalent ions and borate ions; and concentrating the lithium rich stream by supplying the lithium rich stream to a forward osmosis step to produce a concentrated lithium rich stream. In terms of claim 3 further comprising purifying the lithium rich stream to remove divalent ions and borate ions, the `271 publication [0009-0011] discloses a method of extracting lithium from a lithium containing solution includes: supplying a lithium containing solution to a lithium capture step, the lithium capture step being operable to capture lithium from the lithium salt containing solution; recovering lithium from the lithium capture step to produce a lithium rich stream; optionally purifying the lithium rich stream to remove divalent ions and borate ions; and concentrating the lithium rich stream by supplying the lithium rich stream to a forward osmosis step to produce a concentrated lithium rich stream. In terms of claim 4 further comprising processing the lithium containing solution in a silica management step to remove silica from the lithium containing solution and to produce a silica-lean lithium solution before supplying the silica-lean lithium solution to the lithium capture step, see FIGUREs 6-7 of the `271 publication. In terms of claim 5 wherein the portion of the eluate has a higher lithium to sodium ratio as compared to the lithium containing solution, the `271 publication [0010] discloses a method of extracting lithium from a lithium containing solution, includes: supplying a lithium containing solution to a lithium capture step, the lithium capture step being operable to capture lithium from the lithium salt containing solution; recovering lithium from the lithium capture step to produce a lithium rich stream; purifying the lithium rich stream to remove divalent ions and borate ions; concentrating the lithium rich stream by supplying the lithium rich stream to a forward osmosis step to produce a concentrated lithium rich stream; purifying the concentrated lithium rich stream by removing sodium and potassium ions to produce a concentrated lithium rich stream having reduced sodium and potassium ion concentrations. In terms of claim 6 wherein the area having a peak lithium concentration comprises the highest concentration of lithium, it would have been obvious to one ordinary skilled in the art in order to achieve purifying the concentrated lithium rich stream as disclosed by the `271 publication (Abstract). In terms of claim 7 wherein the reverse osmosis step is a cascade reverse osmosis system, the `667 publication [0052] teaches using reverse osmosis 418 to dewater and concentrate the lithium product solution 417 producing a product eluate with higher lithium tenor 419, while producing a recycle stream 420 suitable for use as make-up or as fresh eluant 416 according to FIG. 5. It would have been obvious to one ordinary skilled in the art to use a cascade reverse osmosis system instead of a single reverse osmosis to dewater and make a more concentrate lithium product solution. In terms of claim 8 further comprising a purification step for decreasing the concentration of at least one of calcium, magnesium, manganese, or zinc in the lithium rich stream after the lithium capture step, the purification step comprising: contacting the lithium rich stream with a base or a carbonate such that at least a portion of the calcium, magnesium, manganese, or zinc precipitates as a solid carbonate salt; and separating the solid carbonate salt from a purified lithium rich stream, said purified lithium rich stream having a lower concentration of at least one of calcium, magnesium, manganese, or zinc, see FIGURE 7 of the `271 publication. In terms of claim 9, see steps 440, 450, and 460 of FIGURE 7 of the `271 publication. In terms of claim 10, wherein said lithium capture step selectively isolates lithium and substantially allows other cations present in the lithium containing solution not to be co-extracted, the `271 publication [0059] discloses a process for producing lithium hydroxide and lithium carbonate from a lithium salt-containing brine including a step that concentrates lithium via a sorbent that allows for selective lithium retention and recovery. In addition, the `180 publication discloses lithium recovery from brine through lithium sorption/desorption using sorbent material and recycling a portion of lithium solution back to lithium sorption, see Figure 1B. Therefore, claim 10 would have been taught and/or suggested by the `271 publication and the `180 publication. In terms of claim 11, wherein the lithium capture step comprises the step of contacting the lithium containing solution with a lithium sorbent material for the capture of lithium until the lithium sorbent material is saturated with lithium to produce a saturated lithium sorbent material, the `271 publication [0080, FIG.9] discloses during loading of the column (i.e., during the step of capturing desired lithium salt), high ionic strength solution 614 containing lithium chloride (or other lithium salt) is supplied to lithium capture process 618 and the lithium concentration of the effluent at waste water stream 622 is measured to determine the point at which the column becomes saturated with the lithium chloride. During the lithium-ion capture step, the lithium concentration at waste water stream 622 remains fairly constant and relatively low, for example, approximately from 0 to 100 ppm. At this point, the lithium capture process 618 reaches or nears the point of saturation with lithium ions, however, the concentration of the lithium in the effluent increases, thus indicating that the column has either little or no capacity for additional lithium ions. Upon reaching this point of saturation, flow of the solution that includes lithium chloride to lithium capture process 618 is stopped, and the column is flushed with between about 1 and 5 bed volumes of deionized water, preferably between about 1 and 2.5 bed volumes, and most preferably between about 1 and 1.5 bed volumes, to produce a lithium chloride-rich stream 624. In terms of claim 12, the recovering lithium step comprises stripping the saturated lithium sorbent material with water to produce the lithium rich stream, the `271 publication [0082, FIG.9] discloses after the removal of lithium chloride (or other lithium salt) from the lithium containing feed stream during lithium capture process 618, intercalated lithium sorbent columns can be regenerated and the lithium chloride recovered therefrom. Specifically, at least about 0.5 equivalents of strip water 620 may be supplied to column(s) used in lithium capture process 618 to remove absorbed lithium chloride and produce lithium chloride rich solution 624. In terms of claim 13, wherein the lithium sorbent material is an intercalated lithium sorbent, the `271 publication [0082, FIG.9] discloses after the removal of lithium chloride (or other lithium salt) from the lithium containing feed stream during lithium capture process 618, intercalated lithium sorbent columns can be regenerated and the lithium chloride recovered therefrom. In terms of claim 14, wherein during the step of contacting the lithium sorbent material and the lithium containing solution, the temperature is maintained above about 70° C, the `271 publication [0078] discloses the operating temperature of the (lithium absorbent) column can be maintained at a temperature is preferably maintained at a temperature above about 70° C, more preferably from about 95° C to about 110° C. In terms of claim 15, wherein further comprising processing the lithium containing solution in a silica management step to remove silica and to produce a silica-lean lithium solution before supplying the silica-lean lithium solution to the lithium capture step, said lithium capture step being operable to capture said lithium from the silica-lean lithium containing solution; recovering lithium from the lithium capture step to produce a lithium rich stream; and concentrating the lithium rich stream using a reverse osmosis step, the `271 publication [0063] discloses a method 300 for the isolation and concentration of lithium ions from a brine or other lithium containing solution according to FIGURE 6, wherein the brine is supplied to silica management step 310, wherein silica is removed from the brine to produce a silica-free brine or lithium containing solution. After silica management step 310, lithium ions are removed from the silica-free brine or lithium containing solution in lithium capture step 320 to form a lithium ion containing solution. The lithium ion containing solution produced from lithium capture step 320 is concentrated via forward osmosis step 330 (labeled as “Reverse Osmosis”) to produce a concentrated lithium ion containing solution. After forward osmosis step 330, there can be optional further concentration of the lithium containing solution, followed by an optional purification step to remove sodium and potassium before the solution is fed to electrochemical production of lithium hydroxide step 340. In addition, the `271 publication [0059] discloses a process for producing lithium hydroxide and lithium carbonate from a lithium salt-containing brine including a step that concentrates lithium via a sorbent that allows for selective lithium retention and recovery, and further steps that concentrate the recovered lithium product via forward osmosis. In addition, FIGURE 7 of the `271 publication also label the step 430 in the process 400 as “Reverse Osmosis”. Therefore, the step of concentrating the lithium rich stream through reverse osmosis step to produce a concentrated lithium rich stream is taught/or suggested by the `271 publication. In addition, the `667 publication [0052] teaches using reverse osmosis 418 to dewater and concentrate the lithium product solution 417 producing a product eluate with higher lithium tenor 419, while producing a recycle stream 420 suitable for use as make-up or as fresh eluant 416 according to FIG. 5. In terms of claim 16 drawn to a method of extracting lithium from a lithium containing solution, comprising: providing a lithium containing solution including divalent ions and borate ions; processing the lithium containing solution in a lithium capture step, wherein the lithium capture step includes contacting the lithium containing solution with a sorbent material to capture lithium; recovering lithium from the lithium capture step to produce a lithium rich stream; purifying the lithium rich stream to remove divalent ions and borate ions; concentrating the lithium rich stream by processing the lithium rich stream in a reverse osmosis step to produce a concentrated lithium rich stream; and purifying the concentrated lithium rich stream by removing sodium and potassium ions to produce a concentrated lithium rich solution having reduced sodium and potassium ion concentrations recycling at least a portion of an eluate of the sorbent back to the sorbent, the `271 publication [0063] discloses a method 300 for the isolation and concentration of lithium ions from a brine or other lithium containing solution according to FIGURE 6, wherein the brine is supplied to silica management step 310, wherein silica is removed from the brine to produce a silica-free brine or lithium containing solution. After silica management step 310, lithium ions are removed from the silica-free brine or lithium containing solution in lithium capture step 320 to form a lithium ion containing solution. The lithium ion containing solution produced from lithium capture step 320 is concentrated via forward osmosis step 330 (labeled as “Reverse Osmosis”) to produce a concentrated lithium ion containing solution. After forward osmosis step 330, there can be optional further concentration of the lithium containing solution, followed by an optional purification step to remove sodium and potassium before the solution is fed to electrochemical production of lithium hydroxide step 340. In addition, the `271 publication [0059] discloses a process for producing lithium hydroxide and lithium carbonate from a lithium salt-containing brine including a step that concentrates lithium via a sorbent that allows for selective lithium retention and recovery, and further steps that concentrate the recovered lithium product via forward osmosis. In addition, FIGURE 7 of the `271 publication also label the step 430 in the process 400 as “Reverse Osmosis”. Therefore, the step of concentrating the lithium rich stream through reverse osmosis step to produce a concentrated lithium rich stream is taught/or suggested by the `271 publication. In addition, the `667 publication [0052] teaches using reverse osmosis 418 to dewater and concentrate the lithium product solution 417 producing a product eluate with higher lithium tenor 419, while producing a recycle stream 420 suitable for use as make-up or as fresh eluant 416 according to FIG. 5. In terms of the limitation of the step “recycling at least a portion of the eluate back to the sorbent”, the `180 publication discloses lithium recovery from brine through lithium sorption/desorption using sorbent material and recycling a portion of lithium solution back to lithium sorption, see Figure 1B. Therefore, the combined references would have rendered claim 16 obvious. In terms of claim 17, further comprising further concentration of the concentrated lithium rich stream by solvent extraction, the `271 publication ([0083] and FIG. 9) teaches lithium chloride-rich stream 624 can undergo lithium concentration 626 by various means including evaporation, forward 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 terms of claim 18, further comprising further concentration of the concentrated lithium rich stream by evaporation, the `271 publication ([0083] and FIG. 9) teaches lithium chloride-rich stream 624 can undergo lithium concentration 626 by various means including evaporation, forward 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 terms of claim 19, wherein the portion of the eluate has a higher lithium to sodium ratio as compared to the lithium containing solution, the `271 publication [0010] discloses a method of extracting lithium from a lithium containing solution, includes: supplying a lithium containing solution to a lithium capture step, the lithium capture step being operable to capture lithium from the lithium salt containing solution; recovering lithium from the lithium capture step to produce a lithium rich stream; purifying the lithium rich stream to remove divalent ions and borate ions; concentrating the lithium rich stream by supplying the lithium rich stream to a forward osmosis step to produce a concentrated lithium rich stream; purifying the concentrated lithium rich stream by removing sodium and potassium ions to produce a concentrated lithium rich stream having reduced sodium and potassium ion concentrations. In terms of claim 20 drawn to a method of extracting lithium from a lithium containing solution, comprising: providing a lithium containing solution comprising silica, divalent ions, and borate ions; processing the lithium containing solution in a silica management process to produce a silica-lean lithium containing solution; processing the silica-lean lithium containing solution in a lithium capture step, the lithium capture step captures lithium from the silica-lean lithium containing solution by contacting the silica-lean lithium containing solution with a sorbent, wherein at least a portion of eluate obtained from the sorbent in the lithium capture step is recycled to the sorbent to increase a ratio of lithium to sodium in a lithium rich stream; recovering lithium from the lithium capture step to produce the lithium rich stream; purifying the lithium rich stream to remove divalent ions and borate ions; concentrating the lithium rich stream by supplying the lithium rich stream to a reverse osmosis step to produce a concentrated lithium rich stream; further concentrating the concentrated lithium rich stream to produce a twice concentrated lithium rich stream; and purifying the twice concentrated lithium rich stream by removing sodium and potassium ions to produce a concentrated lithium rich solution having reduced sodium and potassium ion concentrations, the `271 publication [0063] discloses a method 300 for the isolation and concentration of lithium ions from a brine or other lithium containing solution according to FIGURE 6, wherein the brine is supplied to silica management step 310, wherein silica is removed from the brine to produce a silica-free brine or lithium containing solution. After silica management step 310, lithium ions are removed from the silica-free brine or lithium containing solution in lithium capture step 320 to form a lithium ion containing solution. The lithium ion containing solution produced from lithium capture step 320 is concentrated via forward osmosis step 330 (labeled as “Reverse Osmosis”) to produce a concentrated lithium ion containing solution. After forward osmosis step 330, there can be optional further concentration of the lithium containing solution, followed by an optional purification step to remove sodium and potassium before the solution is fed to electrochemical production of lithium hydroxide step 340. In addition, the `271 publication [0059] discloses a process for producing lithium hydroxide and lithium carbonate from a lithium salt-containing brine including a step that concentrates lithium via a sorbent that allows for selective lithium retention and recovery, and further steps that concentrate the recovered lithium product via forward osmosis. In addition, FIGURE 7 of the `271 publication also label the step 430 in the process 400 as “Reverse Osmosis”. Therefore, the step of concentrating the lithium rich stream through reverse osmosis step to produce a concentrated lithium rich stream is taught/or suggested by the `271 publication. In addition, the `667 publication [0052] teaches using reverse osmosis 418 to dewater and concentrate the lithium product solution 417 producing a product eluate with higher lithium tenor 419, while producing a recycle stream 420 suitable for use as make-up or as fresh eluant 416 according to FIG. 5. In terms of the limitation of the step “recycling at least a portion of the eluate back to the sorbent”, the `180 publication discloses lithium recovery from brine through lithium sorption/desorption using sorbent material and recycling a portion of lithium solution back to lithium sorption, see Figure 1B. In terms of concentrating the concentrated lithium rich stream to produce a twice concentrated lithium rich stream; and purifying the twice concentrated lithium rich stream by removing sodium and potassium ions to produce a concentrated lithium rich solution having reduced sodium and potassium ion concentrations, it would have been obvious to one ordinary skilled in the art to repeat the purification processes to produce a twice concentrated lithium rich stream, and purifying the twice concentrated lithium rich stream to produce a concentrated lithium rich solution having reduced sodium and potassium ion concentrations. It is a routine experimentation for one ordinary skilled in the art for extracting lithium from a lithium containing solution having better desired lithium purity. Therefore, the combined references would have rendered claim 20 obvious. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory obviousness-type double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on a nonstatutory double patenting ground provided the conflicting application or patent either is shown to be commonly owned with this application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. Effective January 1, 1994, a registered attorney or agent of record may sign a terminal disclaimer. A terminal disclaimer signed by the assignee must fully comply with 37 CFR 3.73(b). Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-18 of U.S. Patent Number 11,174,532 (“the `532 patent”). Although the conflicting claims are not identical, they are not patentably distinct from each other because Applicant’s claims 1-20 and claims 1-18 of the `532 patent are both drawn to 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. Claims 1-20 are rejected on the ground of nonstatutory obviousness-type double patenting as being unpatentable over claims 1-9 of U.S. Patent Number 11,235,282 (“the `282 patent”) in view of U.S. Patent Application Publication No. US2019/0248667 A1 (“the `667 publication”) to Featherstone et al, published on August 15, 2019. Although the conflicting claims are not identical, they are not patentably distinct from each other because Applicant’s claims 1-20 and claims 1-9 of the `282 patent are both drawn to a method of extracting lithium from a lithium containing solution. The difference between the present claims 1-20 and claims 1-9 of the `282 patent is that the present claims concentrating the lithium rich stream in a reverse osmosis step, while the claims of the `282 patent are drawn to a process of concentrating the lithium rich stream in a forward osmosis step. However, the difference is of concentrating the lithium rich stream in a reverse osmosis step is also disclosed in step 330 of FIGURE 6 of the `282 patent, and step 430 of FIGURE 7 of the `282 patent. In addition, the `667 publication [0052] teaches using reverse osmosis 418 to dewater and concentrate the lithium product solution 417 producing a product eluate with higher lithium tenor 419, while producing a recycle stream 420 suitable for use as make-up or as fresh eluant 416 according to FIG. 5. The additional analysis can be found in the 103(a) rejection above. Conclusions Claims 1-20 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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Prosecution Timeline

Apr 12, 2024
Application Filed
Jul 23, 2026
Non-Final Rejection mailed — §103, §DP (current)

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Expected OA Rounds
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