Declaration of Janelle Beitz
`U.S. Patent No. RE45,415
`Exhibit 1113
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________________
`
`TENNANT COMPANY
`Petitioner
`
`v.
`
`OXYGENATOR WATER TECHNOLOGIES, INC.,
`Patent Owner
`______________________________
`
`Patent No. RE45,415
`______________________________
`
`DECLARATION OF JANELLE BEITZ
`
`Tennant Company
`Exhibit 1113
`
`
`U.S. Patent No. RE45,415
`Exhibit 1113
`UNITED STATES PATENT AND TRADEMARK OFFICE
`______________________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________________________
`
`TENNANT COMPANY
`Petitioner
`
`v.
`
`OXYGENATOR WATER TECHNOLOGIES, INC.,
`Patent Owner
`______________________________
`
`Patent No. RE45,415
`______________________________
`
`DECLARATION OF JANELLE BEITZ
`
`Tennant Company
`Exhibit 1113
`
`
`
`Declaration of Janelle Beitz
`U.S. Patent No. RE45,415
`Exhibit 1113
`
`Introduction
`
`1.
`
`I have prepared this Declaration in connection with the Petition for
`
`Inter Partes Review of U.S. Patent No. RE45,415, which I understand will be filed
`
`concurrently with this Declaration.
`
`2.
`
`I am a Research Librarian at Fredrikson & Byron, P.A., located at 200
`
`South Sixth Street, Minneapolis, Minnesota 55402.
`
`3.
`
`I am over eighteen years of age, and I am competent to make this
`
`Declaration. I make this Declaration based on my own personal knowledge and
`
`based on my knowledge of library science practices.
`
`4.
`
`I earned a Master’s degree in Library and Information Science in 2011
`
`from St. Catherine University, a Master’s degree in Public Policy from the
`
`University of Minnesota in 2000, and a law degree from the University of
`
`Minnesota in 1998. I have worked as a research librarian for over 13 years. I have
`
`been employed in the Research and Knowledge Management Department at
`
`Fredrikson & Byron since the summer of 2015.
`
`Aquariums for Dummies
`
`5.
`
`Exhibit 1114 to the petition is the book Aquariums for Dummies
`
`(“AFD).” The copyright page in AFD (the fourth page of the Exhibit) indicates
`
`that the book was published by IDS Books Worldwide, Inc. and distributed in the
`
`United States, Canada, United Kingdom and elsewhere. The book contains a 1999
`
`- 1 -
`
`
`
`Declaration of Janelle Beitz
`U.S. Patent No. RE45,415
`Exhibit 1113
`copyright notice, has been assigned an ISBN number and has Library of Congress
`
`Catalog Card No. 99-64202.
`
`6.
`
`Exhibit 1115 to the Petition includes information showing that first
`
`IDG Books Worldwide, and now Wiley, is a well-known commercial publisher of
`
`the popular “For Dummies” book series.
`
`7.
`
`Exhibit 1116 contains several reviews of AFD from 2002 and earlier.
`
`I downloaded the reviews from Amazon.com and saved them in PDF form on
`
`December 10, 2020.
`
`Wendt Textbook
`
`8.
`
`Exhibit 1117 submitted with the Petition is the front matter
`
`information and chapter 5 of the Wendt textbook. The copyright page in the
`
`Wendt textbook bears a 1999 copyright date. The book was published by Springer,
`
`a well-known publisher.
`
`9.
`
`In December 2020, I sent a public availability date request to the
`
`British Library. Exhibit 1118, the response from the British Library, indicates that
`
`the textbook was receipted on March 29, 1999 and was available to the public as of
`
`that date.
`
`10.
`
`I conducted an ISBN search and saved the results in PDF on February
`
`8, 2021, submitted with the Petition as Exhibit 1119. The ISBN Search reflects a
`
`published date of February 1999.
`
`- 2 -
`
`
`
`Declaration of Janelle Beitz
`U.S. Patent No. RE45,415
`Exhibit 1113
`Exhibits 1120, 1121 and 1122 are three articles published in 2001 and
`
`11.
`
`2002 that cite to the Wendt textbook:
`
`•
`
`Zhimin Qiang, et al., Electrochemical Generation of Hydrogen
`
`Peroxide from Dissolved Oxygen in Acidic Solutions, 36 WATER RSCH. 85 (2002);
`
`•
`
`L.J.J. Janssen & L. Koene, The Role of Electrochemistry and
`
`Electrochemical Technology in Environmental Protection, 85 CHEM. ENG’G J. 137
`
`(2002); and
`
`•
`
`Massimiliano Bestetti, et al., Zinc Electrowinning with Gas Diffusion
`
`Anodes: State of the Art and Future Developments, 40 CANADIAN METALLURGICAL
`
`Q. 459 (2001).
`
`All three articles were published in periodical journals by identified and
`
`reputable publishers.
`
`Glembotsky
`
`12.
`
`Exhibit 1123 to the Petition is the Glembotsky article originally
`
`published in Russian, and Exhibit 1124 is a certified translation. On November 17,
`
`2020, I contacted the Linda Hall Library regarding the Glembotsky article. I
`
`ordered the front matter information for the article from the Linda Hall Library and
`
`obtained it on November 18, 2020. The front matter information from Linda Hall
`
`Library is Exhibit 1125 and bears a stamp dated June 3, 1974.
`
`- 3 -
`
`
`
`Declaration of Janelle Beitz
`U.S. Patent No. RE45,415
`Exhibit 1113
`In December 2020, I sent a public availability date request to the
`
`13.
`
`British Library for the Glembotsky article. Exhibit 1126, the response from the
`
`British Library, indicates that an English translation of article was receipted on
`
`April 29, 1975 and was available to the public as of that date.
`
`14.
`
`The British Library provided a copy of the cover page, reflecting a
`
`stamp with the date “April 29, 1975,” Exhibit 1127. The cover page also indicates
`
`that the article was published in Russian in Volume No. 5 of Electrochemistry in
`
`Industrial Processing & Biology in September – October 1973.
`
`15.
`
`Exhibits 1128, 1129 and 1130 are three articles published in 1995 and
`
`earlier that cite Glembotsky:
`
`•
`
`Klaus Müller, Electroflotation from the Double Layer to Troubled
`
`Waters, in ELECTROCHEMISTRY IN TRANSITION 21 (J. Murphy et al., eds., 1992);
`
`•
`
`S. Venkatachalam, Electrogenerated Gas Bubbles in Flotation, 8 M.
`
`PROCESSING AND EXTRACTIVE METALLURGY R. 47 (1992); and
`
`•
`
`J.P.F. Koren & U. Syversen, State-of-the-art Electroflocculation, 32
`
`FILTRATION & SEPARATION 153 (Feb. 1995).
`
`The Müller article was published by Springer. The Koren article was published by
`
`Elsevier Science. The Venkatachalam article was published in a periodical journal
`
`by an identified and reputable publisher.
`
`- 4 -
`
`
`
`Declaration of Janelle Beitz
`U.S. Patent No. RE45,415
`Exhibit 1113
`
`Burns
`
`16.
`
`Exhibit 1131 to the Petition is the article by Burns. The cover page of
`
`the Burns article has a stamp stating, “Received Feb. 12, 1997 OSTI.” OSTI
`
`stands for the United States Department of Energy Office of Scientific and
`
`Technical Information. The cover page further reflects that it was submitted for
`
`publication in connection with the conference Imaging Technologies: Techniques
`
`and Civil Engineering Applications in Davos, Switzerland on May 25-30, 1997.
`
`The cover page further indicates that it was authored by a contractor of the U.S.
`
`Government under contract and that “distribution of this document is unlimited.”
`
`17.
`
`I performed an online search of OSTI records and downloaded Exhibit
`
`1132 reflecting a publication date of March 1, 1997.
`
`18.
`
`I searched for the conference in Davos, Switzerland where the Burns
`
`article was presented and located the conference materials in the catalog at the
`
`Minnesota Department of Transportation Library. I contacted the Minnesota
`
`Department of Transportation Library and requested a copy of the cover page,
`
`table of contents and Burns article from the Imaging Technologies conference in
`
`Davos, Switzerland. The Minnesota Department of Transportation Library
`
`provided me Exhibit 1133. The cover page reflects that the conference occurred
`
`May 25-30, 1997. The copyright page bears a 1998 copyright date.
`
`- 5 -
`
`
`
`Declaration of Janelle Beitz
`U.S. Patent No. RE45,415
`Exhibit 1113
`The article in the Imaging Technologies conference materials obtained
`
`19.
`
`from the Minnesota Department of Transportation Library appears to be identical
`
`to the article obtained from OSTI.
`
`20.
`
`Exhibit 1144 submitted with this petition is the Declaration of Sheila
`
`Hatchell, Library Director for the Minnesota Department of Transportation,
`
`verifying that the conference materials containing the Burns article have been in
`
`the Department’s catalog and available to the public since March 10, 2000.
`
`21.
`
`Exhibits 1134 and 1135 are articles published in 2000 and earlier that
`
`cite Burns:
`
`• S.E. Burns, et al., Digital Image Analysis to Assess Microbubble Behavior in
`
`Porous Media, 13 J. COMPUT. CIV. ENG. 43 (1999). The article indicates that
`
`it appeared in a periodic journal published in January 1999; and
`
`• M. Zhang & S.E. Burns, Surfactant Effects on the Transport of Air Bubbles
`
`in Porous Media, in ENVIRONMENTAL GEOTECHNICS, PROCEEDINGS OF
`
`SESSIONS OF GEO-DENVER 2000 121 (T.F. Zimmie, ed., 2000).
`
`22.
`
`Exhibit 1136 is the front matter from ENVIRONMENTAL GEOTECHNICS,
`
`PROCEEDINGS OF SESSIONS OF GEO-DENVER 2000 (T.F. Zimmie, ed., 2000)
`
`indicating that M. Zhang & S.E. Burns, Surfactant Effects on the Transport of Air
`
`Bubbles in Porous Media appeared in the conference materials.
`
`- 6 -
`
`
`
`Declaration of Janelle Beitz
`U.S. Patent No. RE45,415
`Exhibit 1113
`
`Han
`
`23.
`
`Exhibit 1137 to the Petition is the article by Han. The article was
`
`published in 2002 in a periodical journal by an identified and reputable publisher.
`
`24.
`
`Exhibit 1138 submitted with this petition is the Declaration of Rachel
`
`J. Watters, a librarian at the University of Wisconsin verifying that the Han article
`
`was available in the University of Wisconsin-Madison library collection “within a
`
`few days or at most 2 to 3 weeks after May 20, 2002.”
`
`25.
`
`I hereby declare and state, that all statements made herein of my own
`
`knowledge are true and that all statements made on information and belief are
`
`believed to be true; and further that these statements were made with the
`
`knowledge that willful false statements and the like so made are punishable by fine
`
`or imprisonment, under Section 1001 of Title 19 of the United States Code.
`
`March 5, 2021
`Date: ____________________
`
`
`
`
`
`
`
`
`
`
`Janelle K. Beitz
`_________________________
`Janelle Beitz
`
`Digitally signed by Janelle K.
`Beitz
`Date: 2021.03.05 11:40:32
`-06'00'
`
`72343925 v1
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`- 7 -
`
`
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