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 .
Election/Restrictions
Applicant’s election without traverse of Invention I, encompassing claims 1-3 and 5, in the reply filed on May 25, 2026 is acknowledged.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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 non-obviousness.
Claims 1-3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Kamali (CN 109853001) in view of Kamali (US Patent Application Publication no. 2021/0009415 – referred to as Kamali’415 hereinafter).
Regarding claim 1, Kamali discloses a device for metal preparation by electro-reduction of molten salt (abstract), comprising a reactor (1; figure 1; page 9, under Embodiment 1), an electrical conductor (11), a power supply (5), a gas charging and discharging mechanism (opening 4 is in communication with a gas production system; page 11, under Step II), and a closure mechanism (figure 1 shows an enclosure);
wherein the reactor is a barrel body (9) with a conductive base plate (8) and an insulated peripheral wall (6) and opens at one end (figure 1 – barrel body 9 opens at the top), and
a barrel cavity of the reactor is configured to lay down a reactant (12) and a molten salt substance (13) in sequence from bottom to top (as shown in figure 1; page 9, first paragraph);
the reactant includes a metal oxide and a conductive agent, the conductive agent is a portion of compositions of a prepared metal, i.e. compound powders (page 6; lines 1-17);
the reactor includes a conductive barrel (9) and a second insulating cylinder (10 – ceramic crucible); the second insulating cylinder (10) is inserted into the conductive barrel (9), and a bottom surface of the second insulating cylinder (10) is against an inner bottom surface of the conductive barrel (9); and wherein an outer wall of the conductive barrel (9) is higher than a height of the second insulating cylinder (10 – as shown in figure 1);
the electrical conductor (11) is configured to be inserted into the molten salt (4) substance after melting (pages 9-11 under Embodiment 1);
the reactor (9) and the electrical conductor (11) are disposed inside the closure mechanism (figure 1 shows the enclosure), and
the power supply (5) is disposed outside the closure mechanism (figure 1); the closure mechanism is a heating furnace (14; page 10, paragraph 11);
the heating furnace includes a furnace shell (14), an insulation layer (1), a furnace chamber (6), and a furnace lid (2, 7); and the reactor (9) and the electrical conductor (11) are disposed inside the furnace chamber (6; as shown in figure 1);
a pole of the power supply (5) is electrically connected to the electrical conductor (11 – the polarity of the electrodes may be reversed), and
a pole of the power supply (5) is electrically connected to the conductive base plate (8); and
the gas charging and discharging mechanism is configured to continuously charge a protective gas into the reactor while removing an exhaust gas page (11, under Step II).
Kamali fails to teach wherein the molten salt substance is a plurality of fluorides.
Kamali’415 discloses an electrochemical device for molten salt electrolysis comprising the reduction of solid oxides based on chloride or fluoride-based molten salt electrolytes (paragraph 42). The teachings of Kamali are also related to the electrochemical reduction of solid oxides using halide/chloride based molten salt electrolytes.
One having ordinary skill in the art at the time of filing would have found it obvious to replace the chloride-based molten salts of the Kamali with fluoride-based molten salts because as taught by Kamali’415, chloride and fluoride-based molten salt electrolytes are equivalent electrolytes for the electrolytic reduction of solid oxides, and one would have a reasonable expectation of success in doing so. MPEP 2144.06.I-II.
It is important to note that the electrolyte is the material worked upon by this apparatus, and as such, its composition does not serve to structurally define the apparatus, beyond imparting the limitation that the device should be capable of containing an electrolyte in contact with the electrodes.
Regarding claim 2, Kamali teaches wherein the reactor (1) includes a conductive base plate (8) and a first insulating cylinder (6), the first insulating cylinder (6) being disposed on the conductive base plate (8; figure 1).
Regarding claim 3, Kamali further discloses wherein an outer diameter of the conductive base plate (8) is greater than an outer diameter of the first insulating cylinder (6; figure 1).
Regarding claim 5, Kamali discloses a first conductive rod (16); wherein one end of the first conductive rod is electrically connected to the electrical conductor (11; as shown in figure 1), and the other end is electrically connected to a pole of the power supply (5) and penetrates the closure mechanism (as shown in figure 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZULMARIAM MENDEZ whose telephone number is (571)272-9805. The examiner can normally be reached M-F 8am-4:30p.
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/ZULMARIAM MENDEZ/Primary Examiner, Art Unit 1794
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