`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`GENERAL ELECTRIC COMPANY
`Petitioner
`
`v.
`
`TAS ENERGY INC.
`Patent Owner
`Of
`Patent No. RE44,079
`Reissued: March 19, 2013
`Filed: March 12, 2010
`(Originally Issued as Patent No. 7,343,746 on March 18, 2008)
`Inventor: Tom L. Pierson
`Title: Method of Chilling Inlet Air for Gas Turbines
`
`
`
`Case IPR: Unassigned
`
`____________
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`DECLARATION OF DOUGLAS REINDL, PH.D., P.E.
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`Table of Contents
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`I. PROFESSIONAL EXPERIENCE ................................................................ 3
`II. MATERIALS REVIEWED AND CONSIDERED ..................................... 4
`III. SUMMARY OF OPINIONS OF OBVIOUSNESS OF CLAIMS 1, 9, 14,
`18-22, 24, 25, 30-32, 34, 36, 40-42, 48-50, 57, and 58 ............................................. 6
`IV. PRIORITY CLAIM OF THE ’079 PATENT .............................................. 7
`V. PERSON OF ORDINARY SKILL IN THE ART....................................... 8
`VI. THE ’079 PATENT ........................................................................................ 9
`A. Background Of The Technology Of The ’079 Patent ................................... 9
`B. The Challenged Claims ...............................................................................11
`1. The “Preambles” (i.e., the Gas Turbine element) ........................................11
`2. The “Chilling System” Limitations ..............................................................12
`3. The “Water Storage Tank” Limitations (i.e., a thermal energy storage) .....14
`4. The “Water Storage Tank - Charge” Limitations ........................................16
`5. The “Water Storage Tank - Discharge” Limitations ....................................18
`6. The “Inlet Air Chiller” Limitations ..............................................................21
`7. The “Inlet Air Temperature Control” Limitations .......................................22
`VII. CLAIMS INVALID AS ANTICIPATED BY THE PRIOR ART ........24
`A. Analysis in View of Clark (Claims 1, 9, 14, 18, 19, 20, 22, 24, 25, 30, 31, 32,
`34, 40, 41, and 42) ................................................................................................24
`1. Independent Claims 1, 19, 20, 34, and 42 are anticipated by Clark ............24
`2. Dependent Claims 9, 14, 18, 22, 24, 25, 30, 31, 32, 40, 41 are anticipated by
`Clark .................................................................................................................40
`B. Analysis in View of Ondryas (Claims 48, 49, and 50) ..................................51
`1. Claims 48, 49, and 50 are anticipated by Ondryas .......................................51
`VIII. CLAIMS INVALID AS OBVIOUS OVER THE PRIOR ART ...........60
`A. Analysis in View of Andrepont and Hartman (Claims 21 and 36) ................60
`B. Analysis in View of Ondryas and ASHRAE Cool Storage Guide (Claims 48,
`49, 50, 57, and 58) ................................................................................................65
`IX. CONCLUSION .............................................................................................81
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`I, Douglas Reindl, hereby declare as follows:
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`1.
`
` I have been retained by Klarquist Sparkman, LLP on an hourly-fee basis,
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`on behalf of General Electric Company (“GE”), in connection with the above-
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`identified petition for inter partes review of U.S. Patent No. RE44,079 (“the ’079
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`Patent”). My compensation is not dependent in any way upon the outcome of
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`GE’s petition.
`
`I. PROFESSIONAL EXPERIENCE
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` 2.
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` I earned a B.S. in Mechanical Engineering Technology from the
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`Milwaukee School of Engineering and both a M.S. and Ph.D. in Mechanical
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`Engineering from the University of Wisconsin-Madison.
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`3.
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` I am currently a Professor of Engineering Professional Development and
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`Mechanical Engineering at the University of Wisconsin-Madison. However, my
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`work on this matter, including the opinions expressed below, are independent of
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`my duties as a Professor at the University of Wisconsin-Madison.
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`4.
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`I have worked in the fields of heating, ventilation, air conditioning, and
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`refrigeration (HVAC&R) for more than twenty years. My activities in this regard
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`have ranged from conducting research, providing technical services/support, and
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`education at the undergraduate, graduate, and practicing professional levels.
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`Through the distinction of my contributions to the field, I was elevated to an
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`ASHRAE Fellow in 2008.
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`5.
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` I have been the Director of the Thermal Storage Applications Research
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`Center (Center), an internationally recognized research organization at the
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`University of Wisconsin-Madison, for over 15 years. The Center promotes
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`advances in thermal energy storage technology, including chilled water systems,
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`through project-based technical assistance, publications, and education. The
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`Center has worked with energy suppliers, equipment manufacturers, facility
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`owners and others to utilize and apply thermal storage technologies. However, my
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`work on this matter, including the opinions expressed below, are independent of
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`my duties as the Director of the Center.
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`6.
`
` Attached as Exhibit 1 is a copy of my curriculum vitae.
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`II. MATERIALS REVIEWED AND CONSIDERED
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`7.
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` In connection with my work on this matter, I have reviewed the following
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`materials and references:
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`Exhibit
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`Shorthand Reference
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`Full Citation
`
`1001
`
`1002
`
`’079 Patent
`
`U.S. Patent No. RE44,079
`
`’065 Patent
`
`U.S. Patent No. 6,318,065 (first
`
`priority application)
`
`1003
`
`’686 Patent
`
`U.S. Patent No. 6,470,686 (second
`
`priority application)
`
`1004
`
`’258 Patent
`
`U.S. Patent No. 6,769,258 (third
`
`priority application)
`
`1005
`
`Clark
`
`Clark, Kenneth M., Ebeling, Jerry A.
`
`and Godwin, Edward, June 1998,
`
`“The Application of Thermal Energy
`
`Storage for District Cooling and
`
`Combustion Turbine Inlet Air
`
`Cooling”, Proceedings of the 89th
`
`Annual IDEA Conference, pp. 85-97.
`
`1006
`
`Andrepont
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`“Summer Peaking Capacity Via
`
`Chilled Water Storage Cooling of
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`
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`5
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`Combustion Turbine Inlet Air”,
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`Andrepont et al., 1994
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`1007
`
`Hartman
`
`“Design Issues of Variable Chilled-
`
`Water Flow Through Chillers”,
`
`Thomas Hartman, ASHRAE
`
`Transactions, June 1996 (“Hartman”)
`
`1008
`
`Ondryas
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`“Options in Gas Turbine Power
`
`Augmentation Using Inlet Air
`
`Chilling”, Ondryas et al., 1991
`
`1009
`
`ASHRAE Cool Storage
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`Design Guide for Cool Thermal
`
`Guide
`
`Storage, ASHRAE, published 1993
`
`
`
`III. SUMMARY OF OPINIONS OF OBVIOUSNESS OF CLAIMS 1, 9, 14,
`18-22, 24, 25, 30-32, 34, 36, 40-42, 48-50, 57, and 58
`
`8.
`
`I have reviewed claims 1, 9, 14, 18-22, 24, 25, 30-32, 34, 36, 40-42, 48-50,
`
`57, and 58 of the ’079 Patent. As evidenced by the prior art references discussed
`
`herein, the ’079 Patent merely claims previously established methods in the design
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`
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`and operation of chilled water systems in well-known arrangements to provide
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`inlet air cooling for gas turbines.
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`9. For the reasons discussed below, it is my opinion that claims 1, 9, 14, 18-22,
`
`24, 25, 30-32, 34, 36, 40-42, 48-50, 57, and 58 of the ‘079 Patent are obvious over
`
`the following combinations of references:
`
`a. Claims 1, 9, 14, 18, 19, 20, 22, 24, 25, 30, 31, 32, 34, 40, 41, and 42
`
`are invalid under 35 U.S.C. §102 as anticipated by Clark.
`
`b. Claims 21 and 36 are invalid under 35 U.S.C. §103 as obvious over
`
`Andrepont in view of Hartman.
`
`c.
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`Claims 48, 49, and 50 are invalid under 35 U.S.C. §102 as anticipated
`
`by Ondryas.
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`d. Claims 48, 49, 50, 57, and 58 are invalid under 35 U.S.C. §103 as
`
`obvious over Ondryas in view of ASHRAE Cool Storage Guide.
`
`IV. PRIORITY CLAIM OF THE ’079 PATENT
`
`10.
`
`I understand that the ’079 Patent claims priority to several earlier
`
`applications, including an application filed on August 6, 1999 (i.e., “the earliest-
`
`alleged priority application”). Because all the prior art discussed herein predates
`
`the earliest-alleged priority application, I do not express an opinion herein as to
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`whether the priority applications provide the necessary support for the later-
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`presented claims in the ’079 Patent.
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`V. PERSON OF ORDINARY SKILL IN THE ART
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`11.
`
`I am informed that patent claims and prior art references should be
`
`understood from the perspective of a person of ordinary skill in the art to which the
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`patent is related, based on the understanding of that skilled person at the time the
`
`application was filed. I understand that a person of ordinary skill in the art is one
`
`who is presumed to be aware of all pertinent art, thinks along conventional wisdom
`
`in the art, and is a person of ordinary creativity. I have applied this standard
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`throughout my report.
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`12.
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`I have been informed that there are several factors that may be used in
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`determining the level of ordinary skill in the art, including but not limited to (1) the
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`education level of the inventor, (2) the education level of active workers in the
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`field, (3) the types of problems encountered in the art, (4) the prior art solutions to
`
`these problems, (5) the rapidity with which innovations are made, and (6) the
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`sophistication of the technology. I have further been informed that these factors
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`may not be present in every case and that certain factors may be more relevant in
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`some cases than others.
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`
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`13. For the subject matter of the ’079 Patent, as of August 1999 or July 2002
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`(for any claim not entitled to the earliest priority date), the level of ordinary skill in
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`the art of turbine inlet air cooling and chilled water systems was high. In my
`
`opinion, a person of ordinary skill in in the art related to the ’079 Patent would be a
`
`person having: (1) a Bachelor’s degree in Mechanical Engineering or a related
`
`discipline along with 4 to 7 years of related industry experience, or (2) an
`
`Associate’s degree focusing on HVAC&R or equivalent training with 6 to 10 years
`
`of related industry experience. In addition, he would have at least two years of
`
`practical experience relating to the design and operation of chilled water systems
`
`including thermal energy storage.
`
`14. As reflected in my qualifications set forth above and in my curriculum vitae,
`
`I am qualified as a person of more than ordinary skill in the art at the time the ’079
`
`Patent was filed. My opinions concerning the ’079 Patent are from the perspective
`
`of a person of ordinary skill in the art, as set forth above.
`
`VI. THE ’079 PATENT
`
`A. Background Of The Technology Of The ’079 Patent
`
`15. Gas turbines operate by compressing atmospheric pressure air to a high
`
`pressure, injecting fuel into the compressed air stream, and igniting the high
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`pressure fuel/air stream in a combustor. The resulting high temperature high
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`pressure combustion gases are then expanded through a turbine to generate shaft
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`work capable of driving a generator to produce electrical power. As the ambient
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`temperature of air supplied to the compressor of a gas turbine increases, its density
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`decreases. The decreased air density results in a proportional reduction in the mass
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`flow rate of air available for compression leading to an overall reduction in power
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`(capacity) generated by the gas turbine. Therefore, when the ambient temperature
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`is high, it is desirable to cool the inlet air in order to increase the power generating
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`capability of the gas turbine system. Cooling inlet air also has the potential for
`
`increasing the gas turbine’s efficiency.
`
`16. The benefits of cooling inlet air for gas turbine power plants were known
`
`long before August 1999, when the earliest priority application for the ‘079 Patent
`
`was filed. For example in 1991, Ondryas provided a summary of some of the well-
`
`known inlet air cooling systems options. (See Ondryas, p. 2.) As disclosed in
`
`Ondryas, chilled water systems—with and without thermal storage tanks—were
`
`well-known options available to cool inlet air for gas turbines. Similar inlet air
`
`cooling systems are described in Andrepont (published in 1994).
`
`17. As discussed in more detail below, the chilled water system components
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`recited in the challenged claims of the ’079 Patent (e.g., water chillers, cooling
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`coils, and water storage tanks used for thermal energy storage) were standard,
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`conventional equipment used in many chilled water systems for various
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`applications including, but not limited to, combustion turbine inlet air cooling, long
`
`before the priority applications for the ’079 Patent were filed in 1999. In addition,
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`the challenged claims recite typical uses of the conventional chilled water
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`equipment to provide chilled water for cooling inlet air and associated controls
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`needed to achieve a desired operating outcome.
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`B. The Challenged Claims
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`18. Because the challenged independent claims of the ’079 Patent use similar
`
`and often identical language, for convenience in addressing common limitations, I
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`have grouped the claim limitations into the following basic categories as discussed
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`below: (1) Preambles, (2) Chilling Systems, (3) Water Storage Tank, (4) Water
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`Storage Tank – Charge, (5) Water Storage Tank – Discharge, (6) Inlet Air Chiller,
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`and (7) Inlet Air Temperature Control.
`
`1. The “Preambles” (i.e., the Gas Turbine element)
`
`19.
`
`In the analysis that follows below, I refer to the following as the
`
`“preambles”:
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` Claim 1: “A method of chilling inlet air to a gas turbine plant,
`
`comprising:”;
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` Claim 19: “A method for chilling inlet air to a gas turbine,
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`comprising:”;
`
` Claim 20: “A method for chilling inlet air to a gas turbine,
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`comprising:”;
`
` Claim 34: “A method for chilling inlet air to a gas turbine,
`
`comprising:”;
`
` Claim 42: “A method for chilling inlet air to a gas turbine,
`
`comprising:”;
`
` Claim 48: “A method for chilling inlet air to a gas turbine,
`
`comprising:”
`
` Claim 57: “A method for chilling inlet air to a gas turbine,
`
`comprising:”
`
`2. The “Chilling System” Limitations
`
`20.
`
`In my analysis that follows below, I refer to the following as the “chilling
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`system” limitations:
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` Claim 1: “b. providing a system of circulating liquid chilling water
`
`including a chilling system that includes a first chiller”;
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` Claim 19: “providing a system of circulating water including a
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`chilling system having a first chiller, wherein water can pass through
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`the first chiller, the water passing through the first chiller being
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`lowered to a first temperature”;
`
` Claim 20: “providing a system of circulating water including a
`
`chilling system having a first chiller, wherein water can pass through
`
`the first chiller, the water passing through the first chiller being
`
`lowered to a first temperature”;
`
` Claim 34: “providing a system of circulating water including a
`
`chilling system having a first chiller, wherein water can pass through
`
`the first chiller, the water passing through the first chiller being
`
`lowered to a first temperature”;
`
` Claim 42: “providing a system of circulating water including a
`
`chilling system having a first chiller, wherein water can pass through
`
`the first chiller, the water passing through the first chiller being
`
`lowered to a first temperature”;
`
` Claim 48: “providing a system of circulating water including a
`
`chilling system having a first chiller and a second chiller, the first and
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`second chillers being arranged in series, wherein water can pass
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`
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`through the first and second chillers, the water passing through the
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`first chiller being lowered to a first temperature, the water passing
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`through the second chiller being lowered to a second temperature that
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`is lower than the first temperature, thus providing a staged
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`temperature drop”
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` Claim 57: “providing a system of circulating water including a
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`chilling system having a first chiller and a second chiller, the first and
`
`second chillers being arranged in series passing water through the first
`
`chiller to lower the water temperature to a first temperature;
`
`thereafter, passing the water through the second chiller to lower the
`
`water temperature to a second temperature that is lower than the first
`
`temperature, thus providing a staged temperature drop”
`
`3. The “Water Storage Tank” Limitations (i.e., a thermal energy
`
`storage tank)
`
`21.
`
`In my analysis that follows below, I refer to the following as the “water
`
`storage tank” limitations:
`
` Claim 1: “c. providing a storage tank which is operably connected to
`
`the chilling system, the storage tank containing a column of water
`
`characterized by a top and a bottom”;
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` Claim 19: “providing a storage tank which is operably connected to
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`the system of circulating water, the storage tank containing a column
`
`of water characterized by a top and a bottom”;
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` Claim 20: “providing a storage tank which is operably connected to
`
`the system of circulating water, the storage tank containing a column
`
`of water characterized by a top and a bottom”;
`
` Claim 34: “providing a storage tank which is operably connected to
`
`the system of circulating water, the storage tank containing a column
`
`of water characterized by a top and a bottom”;
`
` Claim 42: “providing a storage tank which is operably connected to
`
`the system of circulating water, the storage tank containing a column
`
`of water characterized by a top and a bottom”;
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` Claim 48: “providing a storage tank which is operably connected to
`
`the system of circulating water, the storage tank containing water and
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`having a bottom”
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` Claim 57: “providing a thermal water storage tank which is operably
`
`connected to the system of circulating water, the thermal water
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`storage tank containing chilling water”
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`4. The “Water Storage Tank - Charge” Limitations
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`22.
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`In my analysis that follows below, I refer to the following as the “water
`
`storage tank - charge” limitations:
`
` Claim 1: “d. removing water from the storage tank, passing at least a
`
`portion of the liquid chilling water through the first chiller, the liquid
`
`chilling water passing through the first chiller being lowered to a first
`
`temperature and then introducing at least a portion of the removed
`
`water into the water column, wherein the average temperature of the
`
`water in the storage tank is lowered”;
`
` Claim 19: “during a charge cycle, removing water from the tank,
`
`passing at least a portion of the removed water through the chilling
`
`system to lower the temperature of water passing through the chilling
`
`system and then introducing at least a portion of the removed water
`
`into the storage tank at a point proximate the bottom of the water
`
`column, wherein the average temperature of the water in the storage
`
`tank is lowered”;
`
` Claim 20: “during a charge cycle, removing water from the storage
`
`tank, passing at least a portion of the removed water through the
`
`chilling system to lower the temperature of water passing through the
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`
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`chilling system and then introducing at least a portion of the removed
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`water into the storage tank at a point proximate the bottom of the
`
`water column, wherein the average temperature of water in the storage
`
`tank is lowered”;
`
` Claim 34: “during a charge cycle, removing water from the storage
`
`tank, passing at least a portion of the removed water through the
`
`chilling system to lower the temperature of water passing through the
`
`chilling system and then introducing at least a portion of the removed
`
`water into the storage tank at a point proximate the bottom of the
`
`water column, wherein the average temperature of the water in the
`
`storage tank is lowered”;
`
` Claim 42: “during a charge cycle, removing water from the storage
`
`tank, passing at least a portion of the removed water through the
`
`chilling system to lower the temperature of water passing through the
`
`chilling system and then introducing at least a portion of the removed
`
`water into the storage tank at a point proximate the bottom of the
`
`water column, wherein the average temperature of the water in the
`
`storage tank is lowered”;
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` Claim 48: “during a charge cycle, removing water from the storage
`
`tank, passing at least a portion of the removed water through the
`
`chilling system to lower the temperature of water passing through the
`
`chilling system and then introducing at least a portion of the removed
`
`water into the storage tank at a point proximate the bottom of the tank,
`
`wherein the average temperature of the water in the storage tank is
`
`lowered”
`
` Claim 57: “during a charge cycle, removing water from the storage
`
`tank, passing at least a portion of the removed water through the
`
`chilling system to lower the temperature of water passing through the
`
`chilling system and then introducing at least a portion of the removed
`
`water into the storage tank”
`
`5. The “Water Storage Tank - Discharge” Limitations
`
`23.
`
`In my analysis that follows below, I refer to the following as the “water
`
`storage tank - discharge” limitations:
`
` Claim 1: “f. chilling the inlet air by removing water from the water
`
`column and then directing the liquid chilling water through the
`
`cooling coil of the inlet air chiller to make heat transfer contact
`
`between the liquid chilling water and the inlet air”;
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` Claim 19: “during a discharge cycle, chilling the air by removing
`
`water from the storage tank from a point proximate the bottom of the
`
`water column and then passing at least a portion of the removed water
`
`through the inlet air chiller to make heat transfer contact between that
`
`portion of the removed water and the air, such that the temperature of
`
`the air is lowered”;
`
` Claim 20: “during a discharge cycle, chilling the air by removing
`
`water from the storage tank from a point proximate the bottom of the
`
`water column and then passing at least a portion of the removed water
`
`through the inlet air chiller to make heat transfer contact between that
`
`portion of the removed water and the air, such that the temperature of
`
`the air is lowered”;
`
` Claim 34: “during a discharge cycle, chilling the air by removing
`
`water from the storage tank from a point proximate the bottom of the
`
`water column and then passing at least a portion of the removed water
`
`through the inlet air chiller to make heat transfer contact between that
`
`portion of the removed water and the air, such that the temperature of
`
`the air is lowered”;
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` Claim 42: “during a discharge cycle, chilling the air by removing
`
`water from the storage tank from a point proximate the bottom of the
`
`water column and then passing at least a portion of the removed water
`
`through the inlet air chiller to make heat transfer contact between that
`
`portion of the removed water and the air, such that the temperature of
`
`the air is lowered”;
`
` Claim 48: “during a discharge cycle, chilling the air by removing
`
`water from the storage tank from a point proximate the bottom of the
`
`tank and then passing at least a portion of the removed water to the
`
`inlet air chiller to make heat transfer contact between that portion of
`
`the removed water and the air, such that the temperature of the air is
`
`lowered.”
`
` Claim 57: “during a discharge cycle, chilling the air by removing
`
`chilling water from the thermal water storage tank and then passing at
`
`least a portion of the removed water to the inlet air chiller resulting in
`
`heat transfer between the chilled water and the air, such that the
`
`temperature of the air is lowered”
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`6. The “Inlet Air Chiller” Limitations
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`24.
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`In my analysis that follows below, I refer to the following as the “inlet air
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`chiller” limitations:
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` Claim 1: “e. providing an inlet air chiller, comprising a cooling coil
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`through which liquid chilling water passes, for lowering the
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`temperature of inlet air being fed to the gas turbine compressor
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`through heat transfer between the liquid chilling water passing
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`through the cooling coil and the inlet air, wherein the inlet air chiller
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`provides a liquid chilling water temperature rise”;
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` Claim 19: “providing an inlet air chiller for lowering the temperature
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`of air being fed to a gas turbine compressor through heat transfer
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`between the circulating water and the air”;
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` Claim 20: “providing an inlet air chiller for lowering the temperature
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`of air being fed to a gas turbine compressor through heat transfer
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`between the circulating water and the air”;
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` Claim 34: “providing an inlet air chiller for lowering the temperature
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`of air being fed to a gas turbine compressor through heat transfer
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`between the circulating water and the air”;
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` Claim 42: “providing an inlet air chiller for lowering the temperature
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`of air being fed to a gas turbine compressor through heat transfer
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`between the circulating water and the air”;
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` Claim 48: “providing an inlet air chiller for lowering the temperature
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`of the air being fed to a gas turbine compressor through heat transfer
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`between the circulating water and the air”
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` Claim 57: “providing an inlet air chiller for lowering the temperature
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`of the air being fed to a gas turbine compressor through heat transfer
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`between the circulating water and the inlet air”
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`7. The “Inlet Air Temperature Control” Limitations
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`25.
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`In my analysis that follows below, I refer to the following as the “inlet air
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`temperature control” limitations:
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` Claim 1: “g. controlling the leaving air temperature off the cooling
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`coil to maintain high efficiency on the gas turbine plant.”;
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` Claim 19: “selecting a desired air temperature setpoint based on load
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`requirements of the gas turbine; and adjusting the temperature of the
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`air to the desired air temperature setpoint”;
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` Claim 20: “adjusting the temperature of the air based on an air
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`temperature setpoint that is varied by a control setpoint signal from a
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`controls system which adjusts the air temperature setpoint to maintain
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`the desired gas turbine output”;
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` Claim 34: “maintaining the temperature of the air at a desired air
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`temperature setpoint based on load requirements of the gas turbine”;
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` Claim 42: “selecting a desired air temperature setpoint for the air; and
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`altering the air temperature setpoint of the gas turbine”;
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` Claim 57: “varying the flow of chilling water through the inlet air
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`chiller”
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`26.
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`Independent claim 48 does not contain an “inlet air temperature control”
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`limitation but this limitation is provided in claim 49 which depends from claim 48
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`and states:
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` Claim 49: “The method of claim 48, further comprising adjusting the
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`air temperature by changing the flow rate of the circulating water
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`passing through the inlet air chiller.”
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`VII. CLAIMS INVALID AS ANTICIPATED BY THE PRIOR ART
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`27. As discussed in detail below, the following claims are invalid as anticipated
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`by Clark and Ondryas.
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` Claims 1, 9, 14, 18, 19, 20, 22, 24, 25, 30, 31, 32, 34, 40, 41, and 42
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`are invalid under 35 U.S.C. §102 as anticipated by Clark.
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` Claims 48, 49, and 50 are invalid under 35 U.S.C. §102 as anticipated
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`by Ondryas.
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`A. Analysis in View of Clark (Claims 1, 9, 14, 18, 19, 20, 22, 24, 25, 30,
`31, 32, 34, 40, 41, and 42)
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`
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`28. Based on the analysis presented below, it is my opinion that claims 1, 9, 14,
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`18, 19-20, 22, 24, 25, 30, 31, 32, 34, and 40-42 are anticipated by Clark.
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`1.
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`Independent Claims 1, 19, 20, 34, and 42 are anticipated by Clark
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`29. Clark was published in June of 1998 and relates to thermal energy storage
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`for both district cooling and combustion turbine inlet air cooling. As shown below,
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`Clark discloses all of the limitations of independent claims 1, 19, 20, 34, and 42.
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`For convenience, Clark is compared to the common limitations found in those
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`claims as noted above.
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`a. The “Preambles”
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` 30. As noted previously, the preambles of the challenged independent claims are
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`similar. Claim 19 is representative and states:
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`“A method for chilling inlet air to a gas turbine, comprising:”
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`31. Chilling inlet air to a gas turbine was a well-known and established
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`technique for capacity enhancement and/or efficiency improvement well before the
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`earliest-alleged priority date of the ‘079 Patent.
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`32. The title of Clark is “The Application of Thermal Energy Storage for
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`District Cooling and Combustion Turbine Inlet Air Cooling.” Even keywords
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`provided by Clark identify “Turbine-Inlet Cooling” as subject matter contained
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`therein at p. 85, Clark. Thus, Clark clearly discloses the preambles of the
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`challenged independent claims.
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`b. The “Chilling System” Limitations
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`33. The “chilling system” limitations found in independent claims 1, 19, 20, 34,
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`and 42 are similar. Claim 19 is representative and states:
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`“providing a system of circulating water including a chilling system having a
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`first chiller, wherein water can pass through the first chiller, the water
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`passing through the first chiller being lowered to a first temperature”
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`34.
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`Inherent in any chilled water system is the need to provide a means to
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`circulate water (pump), convey the circulated water (piping), cool the water
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`(chiller), and deliver the chilled water to accomplish useful cooling of an air stream
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`or other process by heat exchanging with the circulating water (cooling coil).
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`Chilled water systems comprising these components are all well-known. Such
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`chilling systems have been used for decades before the earliest possible priority
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`date of the ‘079 Patent.
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`35. Clark discloses a chilling system comprised of two sets of chillers (East
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`Chiller Group and West Chiller Group) capable of operating with a chilled water
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`temperature difference of 15F while supplying chilled water in the temperature
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`range of 40F to 44F to two chilled water loops (East Loop and West Loop). (P.
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`89 and FIGS 2 and 3). Clark. Thus, Clark discloses the chilling system limitations
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`of the above-mentioned independent claims.
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`c. The “Water Storage Tank” Limitations
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`36. The water storage tank (i.e., thermal energy storage tank) limitations for all
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`of the challenged independent claims are similar. Claim 20 is representative and
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`states:
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`“providing a storage tank which is operably connected to the system of
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`circulating water, the storage tank containing a column of water
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`characterized by a top and a bottom”;
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`37. Large tanks capable of holding chilled water as a means of storing thermal
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`energy as a part of chilled water systems have been in use for decades. The
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`dominant water-based thermal storage technology that has been in use is the
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`stratified chilled water storage tank (as illustrated in FIG 3 of the ‘079 Patent and
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`as described in Clark). Necessarily, a chilled water storage tank will contain a
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`“column of water”, “a top”, and “a bottom.” For the thermal storage tank to
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`function, it must be “operably connected” to the chilling system. These are all
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`inherent features of the well-established chilled water storage technology itself.
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`38. Clark describes a chilled water storage tank filled with 5,000,000 gallons of
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`water and having a top and bottom and connected to a central energy plant chilling
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`system. (P. 92). Obviously, this storage tank is “operably connected to the system
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`of circulating water” and the storage tank would, inherently, contain a “column of
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`water characterized by a top and a bottom.” For example, FIG. 3 shows the