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 1-10 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.
With respect to claim 1, feature of "high-purity indium" (line 1) is ambiguous because it is unclear what is meant by “high-purity”? This relative term is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the limitation. Therefore, the recited vague language fails to clearly set forth the scope of the claims, rendering them indefinite. For purpose of examination and in accordance with broadest reasonable interpretation consistent with the specification, the claims are taken to mean: A method for preparing purified indium.
As to claim 4, limitation “an intelligent control system” (lines 2-3) is ambiguous because is it not clear what is implied by “intelligent”. The relative phrase “a high-vacuum corrugated tube” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the limitation. Although pump appears to produce high-degree of vacuum, the degree of vacuum is indeterminate and subject to varying interpretations. Without sufficient guidance, one would not be able to determine the metes & bounds of the claim. The specification describes vacuum degree in range of 1 x 10-3 Pa to 5 x 10-2 Pa [0021]. Consequently, for purpose of examination and in accordance with broadest reasonable interpretation consistent with the specification, the claims are taken to mean: a control system including PID regulating function, a vacuum pump to produce a vacuum degree in range of 1 x 10-3 Pa to 5 x 10-2 Pa and a corrugated tube connected to the vacuum pump.
Appropriate corrections are requested.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Cao et al. (CN 111593211-A, hereafter “Cao”, of record IDS, see attached document).
Regarding claim 1, Cao discloses a method for preparing purified indium (abstract), comprising the following steps: distilling/evaporating refined In to obtain an indium vapor-containing gas; and condensing the indium vapor-containing gas to obtain the purified In, wherein the distilling is conducted in a vacuum furnace lower evaporation section at a temperature of 1020-1180°C under a vacuum degree of 1 x 10-2 Pa [0006-0007], which overlaps with 1000-1100°C and vacuum of 1 x 10-2 Pa, and the condensing is conducted in rectifying tower at a temperature of 900°C at a vacuum of 1 x 10-2 Pa, which also overlaps at endpoint of 900°C and a vacuum degree of 1 x 10-2 Pa (see embodiment 1, [0025-0026]; claim 1). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990), MPEP 2144.05.
As to claim 2, Cao discloses that the refined In has a purity of greater than 99.990% [0007]; and the refined In comprises a high vapor pressure element and a low vapor pressure element, the high vapor pressure element comprising In and one or more selected from the group consisting of Pb, Cd, As, and S, and the low vapor pressure element comprising one or more selected from the group consisting of Cu, Sn, and Ni [0007].
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Cao as applied to claim 1 above, and in view of Yang et al. (CN 106119561 A, hereafter “Yang”, see attached document).
As to claim 3, Cao appears to be silent with respect to distilling and condensing time, however, such feature is known in the art. Yang is also directed to purifying crude indium by vacuum distillation in a multi-stage condensation method (abstract). Yang teaches, during preparation method of high-purity indium, it has been known in prior art to perform distillation and condensation in a range of about 1 to 5 hr, 80-100 min (Background- [0007-0008]). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to conduct the distilling and the condensing treatment for about 1 to 5 hr in the purification method of Cao since such duration is conventional, as shown by Yang.
Claims 4-5 and 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Cao as applied to claim 1 above, and in view of Li et al. (CN 110257648 A, see attached document, “Li”) & Li et al. (US 2019/0284658, referring as “Li US ‘658”).
As to claim 4, Cao discloses a vacuum distillation apparatus comprising a vacuum pump and heating furnace body, but does not mention all details of the apparatus. However, these features are commonly known in the art. Analogous to Cao, Li teaches a vacuum distillation and condensation system for preparing pure indium (abstract), wherein said system (see fig. 1) comprises vacuum pumps (mechanical and molecular pumps 19) connected to a cooling water machine [0021]; a corrugated tube connected to at least one vacuum pump, wherein a baffle valve and a seal are arranged between the vacuum pump and the corrugated tube, the baffle valve is arranged at an outlet of the vacuum pump, and the seal is configured to seal the baffle valve and the corrugated tube (fig. 1); an ionization gauge, a resistance gauge, and a bleed valve that are arranged on the corrugated tube (gauges, seals and valves are part of standard configuration); a furnace quartz tube 5/7 connected to the corrugated tube through a water-cooling flange; a heating furnace body traversed by the furnace tube, wherein the heating furnace body comprises a furnace shell and a furnace cavity surrounded by the furnace shell, and the furnace shell is provided with vacuum pump controller and a composite vacuum gauge (fig. 1); and a pressure regulating valve connected to an end of the furnace tube close to the pressure regulating valve through a pipeline; wherein a vacuum pressure gauge is arranged on the pipeline; the furnace cavity is provided with a furnace mouth for passage of the furnace tube; the furnace cavity is provided with a furnace mouth for passage of the furnace tube; and the furnace cavity is divided into 3 distinct temperature independent zones 6 surrounded by a thermal insulation material 15 (ceramic fiber insulation) (fig. 1). PID control is well-established regulating mechanism, part of common knowledge in feedback control in industrial automation. Based on Li, it would have been obvious to one of ordinary skill in the art to provide a heating furnace body with desired number of independent temperature zones in the system of Cao with a motivation to achieve efficient separation of the indium vapor.
Similarly, Li US ‘658 is directed to vacuum distillation and fractional condensation system for preparing metal purification and separation [0006-0007]. Li US ‘658 teaches the system (see fig. 1) comprising vacuum pump 1, a flange/tube 2 connected to the vacuum pump, wherein a baffle valve and a seal are arranged between the vacuum pump and the tube, the baffle valve is arranged at an outlet of the vacuum pump (gauge, seals and valves are part of standard configuration); and temperature measuring devices 3 (fig. 1, [0026]), a graded vacuum furnace body 4, a quartz tube 5 connected through a water-cooling flange; a heating furnace body traversed by the furnace tube, wherein the heating furnace body comprises a furnace shell and a furnace cavity surrounded by the furnace shell, and the furnace shell is provided with vacuum pump controller (control cabinet 7) and a composite vacuum gauge and a pressure regulating valve connected to an end of the furnace tube close to the pressure regulating valve through a pipeline (fig. 1, [0026-0027]); wherein a vacuum pressure gauge is arranged on the pipeline; the furnace cavity is provided with a furnace mouth for passage of the furnace tube; and the furnace cavity includes an independent temperature controlled zone 8 surrounded by a thermal insulation material (fig. 1, [0026-0027]. In this manner, Li US ‘658 teaches that a certain temperature gradient can be formed in the quartz tube by controlling the temperature and heat preservation time [0017], thereby achieving the purpose of high-efficiency separation (abstract).
Given teachings of Li and Li US ‘658, it would have been obvious to one of ordinary skill in the art to provide recited heating furnace body with desired number of insulated, temperature zones along with controller (includes PID mechanism) in the vacuum distillation system of Cao with a motivation to form temperature gradient and achieve efficient separation of the indium vapor, thereby obtaining target indium purity.
As to claims 5 and 8, both Li and Li US ‘658 discloses the furnace tube is a quartz tube. Li US ‘658 discloses furnace tube including temperature zone length/width, outer diameter and wall thickness dimensions which overlap or are very close to the recited range(s)- e.g. length of 150-250 mm, spacing 30 mm [0008-0011]; the device forms a certain temperature gradient so that vapor condenses, thereby achieving the purpose of high-efficiency separation (abstract, [0017]). Thus, the furnace tube dimensions are variable for achieving art-recognized result of producing temperature gradient for vapor separation, as taught by Li US ‘658, and thus are result-effective variables. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to choose the instantly claimed dimensions of the heating furnace in the combination of Cao, Li & Li US ‘658 through process optimization, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges
As to claim 7, both Li and Li US ‘658 shows the furnace shell is a double-layer furnace shell (fig. 1). It would have been obvious to one of ordinary skill in the art to provide either air or water cooling arranged between the double-layer furnace shell, as such feature is conventional and necessary to cool the furnace.
As to claim 9, Cao discloses that the refined In has a purity of greater than 99.990% [0007]; and the refined In comprises a high vapor pressure element and a low vapor pressure element, the high vapor pressure element comprising In and one or more selected from the group consisting of Pb, Cd, As, and S, and the low vapor pressure element comprising one or more selected from the group consisting of Cu, Sn, and Ni [0007].
As to claim 10, Li teaches it has been in prior art of vacuum distillation system to perform the distilling and condensing for 60-80 min [0005]. Accordingly, examiner takes official notice with respect to recited distilling and condensing time range- additional evidence is shown by the reference of Yang, cited in claim 3 above. Thus, artisan of ordinary skill would have found the timing obvious in Cao since such parameter is common knowledge in the art.
Allowable Subject Matter
Claim 6 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including ALL of the limitations of the base claim and amended to correct 112 rejection explained above.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 8/15/24 complies with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Inquiry
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/DEVANG R PATEL/
Primary Examiner, AU 1735
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