Petitioner Tennant Company’s
`Demonstratives for Oral Argument
`
`May 20, 2022
`
`TENNANT COMPANY v. OXYGENATOR WATER TECHNOLOGIES
`Case No. IPR2021-00625
`(Patent RE45,415)
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`
`Demonstratives for Oral Argument
`
`May 20, 2022
`
`TENNANT COMPANY v. OXYGENATOR WATER TECHNOLOGIES
`Case No. IPR2021-00625
`(Patent RE45,415)
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`
`
`Overview of Petitioner’s Oral Argument
`• Claim Construction
`• Testing Burden
`• Petitioner’s Grounds 1-6
`• Ex. 1112 – US Pat. No. 3,891,535 to Wikey as primary
`reference (Mr. Johnson arguing)
`• Petitioner’s Grounds 7-24
`• Ex. 1105 – US Pat. No. 4,917,782 to Davies as primary
`reference (Mr. Steinert arguing)
`
`2
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`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
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`
`
`Issues Not in Dispute
`
`•
`
`No dispute regarding qualifications of POSITA
`
`•
`
`•
`
`3
`
`No dispute that Petitioner’s references qualify as prior art
`
`No proposed claim amendments
`
`- Petition (Paper 1), 16
`- PO Response (Paper 9), 7
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`
`
`Only Independent Claim at Issue
`
`4
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`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`- Petition (Paper 1), 16
`- Ex. 1101, 11:20-45
`
`
`
`’415 File History
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`
`
`Examiner’s Reasons for Allowance
`
`- Petition (Paper 1), 15
`- Ex. 1102, 25
`
`6
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`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
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`
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`Examiner: Bubble Size Created by Electrode Gap
`
`- Petition (Paper 1), 15
`- Ex. 1102, 108
`
`7
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`
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`Patent Confirms Bubble Size Results from the Size of Electrode Gap
`
`- Petition (Paper 1), 9
`- Ex. 1101, Abstract
`
`8
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`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
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`- Petition (Paper 1), 9
`- Ex. 1101, 3:13-16
`
`- Petition (Paper 1), 17
`- Ex. 1101, 4:1-6
`
`- Petition (Paper 1), 10
`- Ex. 1101, 4:30-38
`
`
`
`Claim Construction
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`
`
`“Critical Distance”
`
`- Petition (Paper 1), 17
`- Ex. 1101, 4:1-6
`
`- Petition (Paper 1), 9
`- Ex. 1101, 3:13-16
`
`10
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`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
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`
`
`“Microbubble” and “Nanobubble”
`
`11
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`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
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`- Petition (Paper 1), 17-18
`- Ex. 1101, 4:10-15
`- Reply (Paper 42), 2
`
`
`
`Patent Equates Milkiness, Dissolved Oxygen with Presence of
`Nanobubbles
`
`- Petition (Paper 1), 18
`- Ex. 1101, 4:16-18
`
`- Petition (Paper 1), 18
`- Ex. 1101, 4:12-15
`
`12
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`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`- Reply (Paper 42), 9
`- Ex. 1101, 9:39-49
`
`
`
`“Flowing Water . . . Through an Electrolysis Emitter”
`1.
`‘415 Patent provides no
`definition.
`
`2.
`
`‘415 Patent provides no
`limitation.
`
`3. Nothing in the claims requires
`the water be flowing
`independent of electrolysis.
`- Petition (Paper 1), 19
`- Ex. 1101
`- Reply (Paper 42), 3-4
`
`13
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`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
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`
`
`“Flowing Water . . . Through an Electrolysis Emitter”
`
`14
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`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`- Reply (Paper 42, 3
`- Ex. 1101, 3:25-36
`
`
`
`“Water Temperature is a Factor for Formation of the Suspension”
`
`1.
`
`‘415 Patent, claim 18 requires
`water temperature is a factor
`and that the temperature be no
`greater than about ambient
`temperature.
`- Petition (Paper 1), 34
`- Ex. 1101, 12:14-17
`- Reply (Paper 42), 11
`2. For infringement, the Patent
`Owner asserts this does not
`require measuring or
`analyzing water temperature.
`- Reply (Paper 42), 5
`- Ex. 1148
`
`15
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`
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`“The Water has a Temperature No Greater than About Ambient… and the
`Water Temperature is a Factor for Formation of the Suspension” (Claim 18)
`
`16
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`
`- Reply (Paper 42), 5
`- Ex. 1148
`
`
`
`Testing Burden
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
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`
`
`Petitioner’s Testing
`
`1.
`2.
`3.
`
`4.
`
`Petitioner reconstructed embodiments of three prior art reference and tested them during the pandemic
`Board agreed Petitioner made a prima facie case for inherency (Paper No. 10, *24-25, and 35-36)
`Burden then shifted to Patent Owner to prove the creation of “microbubbles” and “nanobubbles” was not
`inherent in the prior art. Howmedica Osteonics Corp. v. Zimmer, Inc., 640 Fed. Appx. 951, 957 (Fed. Cir.
`2016).
`Patent Owner failed to do so.
`1.
`Patent Owner’s Expert, Dr. White, testified:
`
`18
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`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`- Reply (Paper 42), 1, 5-7, 10, 16, 17, 19
`- Ex. 1147, 16:8-12.
`
`
`
`Grounds 1-6
`Primary Ref.:
`Wikey – US Pat. No. 3,891,535
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`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`
`
`Petitioner’s Grounds 1-6
`
`Ground
`1
`
`Challenged Claims
`13, 18-23 and 25
`
`35 U.S.C. §
`102
`
`2
`
`3
`
`4
`
`5
`
`6
`
`13, 18-23 and 25
`
`13, 18-23 and 25
`
`26 and 27
`
`26 and 27
`
`26 and 27
`
`103
`
`103
`
`103
`
`103
`
`103
`
`Prior Art
`Wikey
`
`Wikey and AFD
`
`Wikey and AFD in view of the general knowledge,
`experience and common sense of a POSITA as
`reflected in Wendt, Han, Glembotsky and Burns
`Wikey and Clark
`
`Wikey, Clark and AFD
`
`Wikey, Clark and AFD in view of the general
`knowledge, experience and common sense of a
`POSITA, as reflected in Wendt, Han, Glembotsky and
`Burns
`- Petition (Paper 1), 4
`
`20
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`
`
`Ground 1- Wikey Anticipates Claims 13, 18-23, and 25
`RE45,415
`13. A method for producing an oxygenated aqueous composition
`comprising:
`flowing water at a flow rate no greater than 12 gallons per minute
`through an electrolysis emitter comprising an electrical power
`source electrically connected to an anode electrode and a
`cathode electrode contained in a tubular housing,
`causing electricity to flow from the power source to the
`electrodes, and,
`producing the composition comprising a suspension comprising
`oxygen microbubbles and nanobubbles in the water,
`the
`microbubbles and nanobubbles having a bubble diameter of
`less than 50 microns, wherein:
`the anode electrode is separated at a critical distance from the
`cathode such that the critical distance is from 0.005 inches to
`0.140 inches;
`the power source produces a voltage no greater than about 28.3
`volts and an amperage no greater than about 13 amps,
`the tubular housing has an inlet and an outlet and a tubular flow
`axis from the inlet to the outlet;
`the water flows in the inlet, out the outlet, is in fluid connection
`with the electrodes, and the water flowing into the inlet has a
`conductivity produced by the presence of dissolved solids
`such that the water supports plant or animal life.
`
`- Petition (Paper 1), 30
`- Ex. 1101, 11:20-12:4
`- Ex. 1112
`
`21
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`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
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`
`
`Ground 1 – Wikey Teaches “Flowing Water at a Flow Rate No Greater than 12 Gallons per Minute”
`
`22
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`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`- Petition (Paper 1), 30
`- Ex. 1103, ¶¶32, 61, 68, 69
`- Ex. 1112, 3:15-21
`- Reply (Paper 42), 6
`
`
`
`Ground 1 – Wikey Teaches “Flowing Water at a Flow Rate No Greater than 12 Gallons per Minute”
`
`- Petition (Paper 1), 22
`- Ex. 1103, ¶ 56
`
`- Petition (Paper 1), 22
`- Ex. 1103, ¶ 54
`
`23
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`
`
`Ground 1- Wikey Anticipates Claims 13, 18-23, and 25
`RE45,415
`13. A method for producing an oxygenated aqueous composition
`comprising:
`flowing water at a flow rate no greater than 12 gallons per minute
`through an electrolysis emitter comprising an electrical power
`source electrically connected to an anode electrode and a
`cathode electrode contained in a tubular housing,
`causing electricity to flow from the power source to the
`electrodes, and,
`producing the composition comprising a suspension comprising
`oxygen microbubbles and nanobubbles in the water,
`the
`microbubbles and nanobubbles having a bubble diameter of
`less than 50 microns, wherein:
`the anode electrode is separated at a critical distance from the
`cathode such that the critical distance is from 0.005 inches to
`0.140 inches;
`the power source produces a voltage no greater than about 28.3
`volts and an amperage no greater than about 13 amps,
`the tubular housing has an inlet and an outlet and a tubular flow
`axis from the inlet to the outlet;
`the water flows in the inlet, out the outlet, is in fluid connection
`with the electrodes, and the water flowing into the inlet has a
`conductivity produced by the presence of dissolved solids
`such that the water supports plant or animal life.
`
`- Petition (Paper 1), 30
`- Ex. 1101, 11:20-12:4
`- Ex. 1112
`
`24
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`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`
`
`Ground 1- Wikey Anticipates Claims 13, 18-23, and 25
`RE45,415
`13. A method for producing an oxygenated aqueous composition
`comprising:
`flowing water at a flow rate no greater than 12 gallons per minute
`through an electrolysis emitter comprising an electrical power
`source electrically connected to an anode electrode and a
`cathode electrode contained in a tubular housing,
`causing electricity to flow from the power source to the
`electrodes, and,
`producing the composition comprising a suspension comprising
`oxygen microbubbles and nanobubbles in the water,
`the
`microbubbles and nanobubbles having a bubble diameter of
`less than 50 microns, wherein:
`the anode electrode is separated at a critical distance from the
`cathode such that the critical distance is from 0.005 inches to
`0.140 inches;
`the power source produces a voltage no greater than about 28.3
`volts and an amperage no greater than about 13 amps,
`the tubular housing has an inlet and an outlet and a tubular flow
`axis from the inlet to the outlet;
`the water flows in the inlet, out the outlet, is in fluid connection
`with the electrodes, and the water flowing into the inlet has a
`conductivity produced by the presence of dissolved solids
`such that the water supports plant or animal life.
`- Petition (Paper 1), 30
`- Ex. 1101, 11:20-12:4
`- Ex. 1103, ¶¶ 29, 30
`- Ex. 1112
`
`25
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`
`
`Ground 1 – Wikey Teaches “causing electricity to flow”
`
`26
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`- Petition (Paper 1), 30
`- Ex. 1103, ¶¶ 32, 61, 68, 69
`- Ex. 1112, 2:1-8
`- Reply (Paper 42), 6
`
`
`
`Ground 1 – Wikey Teaches “causing electricity to flow”
`
`27
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`- Petition (Paper 1), 30
`- Reply (Paper 42), 6
`- Ex. 1103, ¶¶ 29, 30
`- Ex. 1112, 2:23-25
`
`
`
`Ground 1- Wikey Anticipates Claims 13, 18-23, and 25
`RE45,415
`13. A method for producing an oxygenated aqueous composition
`comprising:
`flowing water at a flow rate no greater than 12 gallons per minute
`through an electrolysis emitter comprising an electrical power
`source electrically connected to an anode electrode and a
`cathode electrode contained in a tubular housing,
`causing electricity to flow from the power source to the
`electrodes, and,
`producing the composition comprising a suspension comprising
`oxygen microbubbles and nanobubbles in the water,
`the
`microbubbles and nanobubbles having a bubble diameter of
`less than 50 microns, wherein:
`the anode electrode is separated at a critical distance from the
`cathode such that the critical distance is from 0.005 inches to
`0.140 inches;
`the power source produces a voltage no greater than about 28.3
`volts and an amperage no greater than about 13 amps,
`the tubular housing has an inlet and an outlet and a tubular flow
`axis from the inlet to the outlet;
`the water flows in the inlet, out the outlet, is in fluid connection
`with the electrodes, and the water flowing into the inlet has a
`conductivity produced by the presence of dissolved solids
`such that the water supports plant or animal life.
`- Petition (Paper 1), 30
`- Ex. 1101, 11:20-12:4
`- Ex. 1103, ¶¶ 29, 30
`- Ex. 1112
`
`28
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`
`
`Ground 1- Wikey Anticipates Claims 13, 18-23, and 25
`RE45,415
`13. A method for producing an oxygenated aqueous composition
`comprising:
`flowing water at a flow rate no greater than 12 gallons per minute
`through an electrolysis emitter comprising an electrical power
`source electrically connected to an anode electrode and a
`cathode electrode contained in a tubular housing,
`causing electricity to flow from the power source to the
`electrodes, and,
`producing the composition comprising a suspension comprising
`oxygen microbubbles and nanobubbles in the water, the
`microbubbles and nanobubbles having a bubble diameter of
`less than 50 microns, wherein:
`the anode electrode is separated at a critical distance from the
`cathode such that the critical distance is from 0.005 inches to
`0.140 inches;
`the power source produces a voltage no greater than about 28.3
`volts and an amperage no greater than about 13 amps,
`the tubular housing has an inlet and an outlet and a tubular flow
`axis from the inlet to the outlet;
`the water flows in the inlet, out the outlet, is in fluid connection
`with the electrodes, and the water flowing into the inlet has a
`conductivity produced by the presence of dissolved solids
`such that the water supports plant or animal life.
`- Petition (Paper 1), 31
`- Ex. 1101, 11:20-12:4
`- Ex. 1103, ¶ 35
`- Ex. 1112
`
`29
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`
`
`Ground 1 – Wikey Teaches “producing the composition comprising a suspension comprising oxygen
`microbubbles and nanobubbles in the water, . . .”
`
`30
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`- Petition (Paper 1), 31
`- Reply (Paper 42), 6
`- Ex. 1112, 2:49-51
`
`
`
`Ground 1 – Wikey Teaches “producing the composition comprising a suspension comprising oxygen
`microbubbles and nanobubbles in the water, . . .”
`
`31
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`- Petition (Paper 1), 31
`- Reply (Paper 42), 6
`- Ex. 1112, 3:18-26
`
`
`
`Ground 1 – Wikey Teaches “producing the composition comprising a suspension comprising oxygen
`microbubbles and nanobubbles in the water, . . .”
`
`32
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`- Petition (Paper 1), 22, 32
`- Reply (Paper 42), 6
`- Ex. 1103, ¶ 54
`- Ex. 1112, 2:49-51
`
`
`
`Ground 1 – Wikey Teaches “producing the composition comprising a suspension comprising oxygen
`microbubbles and nanobubbles in the water, . . .”
`
`33
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`- Petition (Paper 1), 22, 25
`- Reply (Paper 42), 6
`- Ex. 1103, ¶ 54
`- Ex. 1112, 2:49-51
`- Ex. 2179, 19
`
`
`
`Ground 1 – Wikey Teaches “producing the composition comprising a suspension comprising oxygen
`microbubbles and nanobubbles in the water, . . .”
`
`34
`
`- Ex. 2179, 19
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`- Petition (Paper 1), 22, 25, 26
`- Reply (Paper 42), 6
`- Ex. 1103, ¶ 54
`- Ex. 1112, 2:49-51
`- Ex. 2179, 19
`
`
`
`Ground 1 – Dr. Tremblay’s Prior Art Testing Follows the ’415 Patent Specification
`
`35
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`- Ex. 1101, 5:40-67
`- Reply (Paper 42), 19, 21
`
`
`
`Ground 1- Wikey Anticipates Claims 13, 18-23, and 25
`RE45,415
`13. A method for producing an oxygenated aqueous composition
`comprising:
`flowing water at a flow rate no greater than 12 gallons per minute
`through an electrolysis emitter comprising an electrical power
`source electrically connected to an anode electrode and a
`cathode electrode contained in a tubular housing,
`causing electricity to flow from the power source to the
`electrodes, and,
`producing the composition comprising a suspension comprising
`oxygen microbubbles and nanobubbles in the water, the
`microbubbles and nanobubbles having a bubble diameter of
`less than 50 microns, wherein:
`the anode electrode is separated at a critical distance from the
`cathode such that the critical distance is from 0.005 inches to
`0.140 inches;
`the power source produces a voltage no greater than about 28.3
`volts and an amperage no greater than about 13 amps,
`the tubular housing has an inlet and an outlet and a tubular flow
`axis from the inlet to the outlet;
`the water flows in the inlet, out the outlet, is in fluid connection
`with the electrodes, and the water flowing into the inlet has a
`conductivity produced by the presence of dissolved solids
`such that the water supports plant or animal life.
`- Petition (Paper 1), 31
`- Ex. 1101, 11:20-12:4
`- Ex. 1103, ¶ 35
`- Ex. 1112
`
`36
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`
`
`Ground 1- Wikey Anticipates Claims 13, 18-23, and 25
`RE45,415
`13. A method for producing an oxygenated aqueous composition
`comprising:
`flowing water at a flow rate no greater than 12 gallons per minute
`through an electrolysis emitter comprising an electrical power
`source electrically connected to an anode electrode and a
`cathode electrode contained in a tubular housing,
`causing electricity to flow from the power source to the
`electrodes, and,
`producing the composition comprising a suspension comprising
`oxygen microbubbles and nanobubbles in the water,
`the
`microbubbles and nanobubbles having a bubble diameter of
`less than 50 microns, wherein:
`the anode electrode is separated at a critical distance from the
`cathode such that the critical distance is from 0.005 inches to
`0.140 inches;
`the power source produces a voltage no greater than about 28.3
`volts and an amperage no greater than about 13 amps,
`the tubular housing has an inlet and an outlet and a tubular flow
`axis from the inlet to the outlet;
`the water flows in the inlet, out the outlet, is in fluid connection
`with the electrodes, and the water flowing into the inlet has a
`conductivity produced by the presence of dissolved solids
`such that the water supports plant or animal life.
`- Petition (Paper 1), 32
`- Ex. 1101, 11:20-12:4
`- Ex. 1103, ¶ 34
`- Ex. 1112
`
`37
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`
`
`Ground 1 – Wikey Teaches “the anode electrode is separated at a critical distance from the cathode
`such that the critical distance is from 0.005 inches to 0.140 inches”
`
`- Petition (Paper 1), 32
`- Ex. 1103, ¶ 34
`- Ex. 1112, 2:39-41
`
`38
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`
`
`Ground 1 – Wikey Teaches “the anode electrode is separated at a critical distance from the cathode
`such that the critical distance is from 0.005 inches to 0.140 inches”
`
`- Petition (Paper 1), 21-22
`- Ex. 1103, 28, ¶ 56
`
`- Petition (Paper 1), 21-22
`- Ex. 1103, 28, ¶ 54
`
`39
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`
`
`Ground 1- Wikey Anticipates Claims 13, 18-23, and 25
`RE45,415
`13. A method for producing an oxygenated aqueous composition
`comprising:
`flowing water at a flow rate no greater than 12 gallons per minute
`through an electrolysis emitter comprising an electrical power
`source electrically connected to an anode electrode and a
`cathode electrode contained in a tubular housing,
`causing electricity to flow from the power source to the
`electrodes, and,
`producing the composition comprising a suspension comprising
`oxygen microbubbles and nanobubbles in the water,
`the
`microbubbles and nanobubbles having a bubble diameter of
`less than 50 microns, wherein:
`the anode electrode is separated at a critical distance from the
`cathode such that the critical distance is from 0.005 inches to
`0.140 inches;
`the power source produces a voltage no greater than about 28.3
`volts and an amperage no greater than about 13 amps,
`the tubular housing has an inlet and an outlet and a tubular flow
`axis from the inlet to the outlet;
`the water flows in the inlet, out the outlet, is in fluid connection
`with the electrodes, and the water flowing into the inlet has a
`conductivity produced by the presence of dissolved solids
`such that the water supports plant or animal life.
`- Petition (Paper 1), 32
`- Ex. 1101, 11:20-12:4
`- Ex. 1103, ¶ 34
`- Ex. 1112
`
`40
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`
`
`Ground 1- Wikey Anticipates Claims 13, 18-23, and 25
`RE45,415
`13. A method for producing an oxygenated aqueous composition
`comprising:
`flowing water at a flow rate no greater than 12 gallons per minute
`through an electrolysis emitter comprising an electrical power
`source electrically connected to an anode electrode and a
`cathode electrode contained in a tubular housing,
`causing electricity to flow from the power source to the
`electrodes, and,
`producing the composition comprising a suspension comprising
`oxygen microbubbles and nanobubbles in the water,
`the
`microbubbles and nanobubbles having a bubble diameter of
`less than 50 microns, wherein:
`the anode electrode is separated at a critical distance from the
`cathode such that the critical distance is from 0.005 inches to
`0.140 inches;
`the power source produces a voltage no greater than about 28.3
`volts and an amperage no greater than about 13 amps,
`the tubular housing has an inlet and an outlet and a tubular flow
`axis from the inlet to the outlet;
`the water flows in the inlet, out the outlet, is in fluid connection
`with the electrodes, and the water flowing into the inlet has a
`conductivity produced by the presence of dissolved solids
`such that the water supports plant or animal life.
`- Petition (Paper 1), 32
`- Ex. 1101, 11:20-12:4
`- Ex. 1103, ¶ 34
`- Ex. 1112
`
`41
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`
`
`Ground 1 – Wikey Teaches “the power source produces a voltage no greater than about 28.3 volts and
`an amperage no greater than about 13 amps”
`
`42
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`- Ex. 1112, 2:49-51
`- Paper 42, 6
`
`
`
`Ground 1 – Wikey Teaches “the power source produces a voltage no greater than about 28.3 volts and
`an amperage no greater than about 13 amps”
`
`- Petition (Paper 1), 21-22
`- Ex. 1103, 28, ¶ 56
`
`- Petition (Paper 1), 21-22
`- Ex. 1103, 28, ¶ 54
`
`43
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`
`
`Ground 1- Wikey Anticipates Claims 13, 18-23, and 25
`RE45,415
`13. A method for producing an oxygenated aqueous composition
`comprising:
`flowing water at a flow rate no greater than 12 gallons per minute
`through an electrolysis emitter comprising an electrical power
`source electrically connected to an anode electrode and a
`cathode electrode contained in a tubular housing,
`causing electricity to flow from the power source to the
`electrodes, and,
`producing the composition comprising a suspension comprising
`oxygen microbubbles and nanobubbles in the water,
`the
`microbubbles and nanobubbles having a bubble diameter of
`less than 50 microns, wherein:
`the anode electrode is separated at a critical distance from the
`cathode such that the critical distance is from 0.005 inches to
`0.140 inches;
`the power source produces a voltage no greater than about 28.3
`volts and an amperage no greater than about 13 amps,
`the tubular housing has an inlet and an outlet and a tubular flow
`axis from the inlet to the outlet;
`the water flows in the inlet, out the outlet, is in fluid connection
`with the electrodes, and the water flowing into the inlet has a
`conductivity produced by the presence of dissolved solids
`such that the water supports plant or animal life.
`- Petition (Paper 1), 32
`- Ex. 1101, 11:20-12:4
`- Ex. 1103, ¶ 34
`- Ex. 1112
`
`44
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`
`
`Ground 1- Wikey Anticipates Claims 13, 18-23, and 25
`RE45,415
`13. A method for producing an oxygenated aqueous composition
`comprising:
`flowing water at a flow rate no greater than 12 gallons per minute
`through an electrolysis emitter comprising an electrical power
`source electrically connected to an anode electrode and a
`cathode electrode contained in a tubular housing,
`causing electricity to flow from the power source to the
`electrodes, and,
`producing the composition comprising a suspension comprising
`oxygen microbubbles and nanobubbles in the water,
`the
`microbubbles and nanobubbles having a bubble diameter of
`less than 50 microns, wherein:
`the anode electrode is separated at a critical distance from the
`cathode such that the critical distance is from 0.005 inches to
`0.140 inches;
`the power source produces a voltage no greater than about 28.3
`volts and an amperage no greater than about 13 amps,
`the tubular housing has an inlet and an outlet and a tubular flow
`axis from the inlet to the outlet;
`the water flows in the inlet, out the outlet, is in fluid connection
`with the electrodes, and the water flowing into the inlet has a
`conductivity produced by the presence of dissolved solids
`such that the water supports plant or animal life.
`- Petition (Paper 1), 33
`- Ex. 1101, 11:20-12:4
`- Ex. 1103, ¶ 31
`- Ex. 1112
`
`45
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`
`
`Ground 1 – Wikey Teaches “the tubular housing has an inlet and an outlet and a tubular flow axis from
`the inlet to the outlet”
`RE45,415
`13. A method for producing an oxygenated aqueous composition
`comprising:
`flowing water at a flow rate no greater than 12 gallons per minute
`through an electrolysis emitter comprising an electrical power
`source electrically connected to an anode electrode and a
`cathode electrode contained in a tubular housing,
`causing electricity to flow from the power source to the
`electrodes, and,
`producing the composition comprising a suspension comprising
`oxygen microbubbles and nanobubbles in the water,
`the
`microbubbles and nanobubbles having a bubble diameter of
`less than 50 microns, wherein:
`the anode electrode is separated at a critical distance from the
`cathode such that the critical distance is from 0.005 inches to
`0.140 inches;
`the power source produces a voltage no greater than about 28.3
`volts and an amperage no greater than about 13 amps,
`the tubular housing has an inlet and an outlet and a tubular flow
`axis from the inlet to the outlet;
`the water flows in the inlet, out the outlet, is in fluid connection
`with the electrodes, and the water flowing into the inlet has a
`conductivity produced by the presence of dissolved solids
`such that the water supports plant or animal life.
`- Petition (Paper 1), 33
`- Ex. 1101, 11:20-12:4
`- Ex. 1103, ¶ 31
`- Ex. 1112
`
`46
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`
`
`Ground 1 – Wikey Teaches “the tubular housing has an inlet and an outlet and a tubular flow axis from
`the inlet to the outlet”
`
`47
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`- Petition (Paper 1), 33
`- Ex. 1112, 3:6-26
`- Reply (Paper 42), 6
`
`
`
`Ground 1- Wikey Anticipates Claims 13, 18-23, and 25
`RE45,415
`13. A method for producing an oxygenated aqueous composition
`comprising:
`flowing water at a flow rate no greater than 12 gallons per minute
`through an electrolysis emitter comprising an electrical power
`source electrically connected to an anode electrode and a
`cathode electrode contained in a tubular housing,
`causing electricity to flow from the power source to the
`electrodes, and,
`producing the composition comprising a suspension comprising
`oxygen microbubbles and nanobubbles in the water,
`the
`microbubbles and nanobubbles having a bubble diameter of
`less than 50 microns, wherein:
`the anode electrode is separated at a critical distance from the
`cathode such that the critical distance is from 0.005 inches to
`0.140 inches;
`the power source produces a voltage no greater than about 28.3
`volts and an amperage no greater than about 13 amps,
`the tubular housing has an inlet and an outlet and a tubular flow
`axis from the inlet to the outlet;
`the water flows in the inlet, out the outlet, is in fluid connection
`with the electrodes, and the water flowing into the inlet has a
`conductivity produced by the presence of dissolved solids
`such that the water supports plant or animal life.
`- Petition (Paper 1), 33
`- Ex. 1101, 11:20-12:4
`- Ex. 1103, ¶ 31
`- Ex. 1112
`
`48
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`
`
`Ground 1- Wikey Anticipates Claims 13, 18-23, and 25
`RE45,415
`13. A method for producing an oxygenated aqueous composition
`comprising:
`flowing water at a flow rate no greater than 12 gallons per minute
`through an electrolysis emitter comprising an electrical power
`source electrically connected to an anode electrode and a
`cathode electrode contained in a tubular housing,
`causing electricity to flow from the power source to the
`electrodes, and,
`producing the composition comprising a suspension comprising
`oxygen microbubbles and nanobubbles in the water,
`the
`microbubbles and nanobubbles having a bubble diameter of
`less than 50 microns, wherein:
`the anode electrode is separated at a critical distance from the
`cathode such that the critical distance is from 0.005 inches to
`0.140 inches;
`the power source produces a voltage no greater than about 28.3
`volts and an amperage no greater than about 13 amps,
`the tubular housing has an inlet and an outlet and a tubular flow
`axis from the inlet to the outlet;
`the water flows in the inlet, out the outlet, is in fluid connection
`with the electrodes, and the water flowing into the inlet has a
`conductivity produced by the presence of dissolved solids
`such that the water supports plant or animal life.
`
`- Ex. 1101, 11:20-12:4.
`
`- Petition (Paper 1),
`33-34
`- Ex. 1101, 11:20-12:4
`- Ex. 1103, ¶ 36
`- Ex. 1112
`
`49
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`
`
`Ground 1 – Wikey Teaches “the water flows in the inlet, out the outlet, is in fluid connection with the electrodes, and
`the water flowing into the inlet has a conductivity produced by the presence of dissolved solids such that the water
`supports plant or animal life”
`
`50
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`- Petition (Paper 1), 33-34
`- Ex. 1103, ¶ 36
`- Ex. 1112, 3:28-30
`
`
`
`Ground 1 – Wikey Teaches “the water flows in the inlet, out the outlet, is in fluid connection with the electrodes, and
`the water flowing into the inlet has a conductivity produced by the presence of dissolved solids such that the water
`supports plant or animal life”
`
`- Petition (Paper 1), 21-22, 33-34
`- Ex. 1103, ¶¶ 36, 56
`
`- Petition (Paper 1), 21-22
`- Ex. 1103, 28, ¶ 54
`
`51
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`
`
`Ground 1- Wikey Anticipates Claims 13, 18-23, and 25
`RE45,415
`13. A method for producing an oxygenated aqueous composition
`comprising:
`flowing water at a flow rate no greater than 12 gallons per minute
`through an electrolysis emitter comprising an electrical power
`source electrically connected to an anode electrode and a
`cathode electrode contained in a tubular housing,
`causing electricity to flow from the power source to the
`electrodes, and,
`producing the composition comprising a suspension comprising
`oxygen microbubbles and nanobubbles in the water, the
`microbubbles and nanobubbles having a bubble diameter of
`less than 50 microns, wherein:
`the anode electrode is separated at a critical distance from the
`cathode such that the critical distance is from 0.005 inches to
`0.140 inches;
`the power source produces a voltage no greater than about 28.3
`volts and an amperage no greater than about 13 amps,
`the tubular housing has an inlet and an outlet and a tubular flow
`axis from the inlet to the outlet;
`the water flows in the inlet, out the outlet, is in fluid connection
`with the electrodes, and the water flowing into the inlet has a
`conductivity produced by the presence of dissolved solids
`such that the water supports plant or animal life.
`
`- Ex. 1101, 11:20-12:4.
`
`52
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`
`
`- Petition (Paper 1), 34
`- Ex. 1103, ¶ 36
`- Ex. 1112
`
`Ground 1- Wikey Anticipates Claims 13, 18-23, and 25
`RE45,415
`18. A method according to claim 13 wherein the water has a temperature no
`greater than about ambient temperature at the inlet and the water temperature
`is a factor for formation of the suspension.
`
`19. A method according to claim 13 wherein the microbubbles and
`nanobubbles remain in the water at least in part for a period up to several
`hours.
`
`20. A method according to claim 19 wherein the period for which the
`microbubbles and nanobubbles at
`least
`in part remain in the water is
`determined by containing the water with microbubbles and nanobubbles in a
`two and one half gallon aquarium reservoir container.
`
`21. A method according to claim 13 wherein the microbubbles and
`nanobubbles supersaturate the water.
`
`22. A method according to claim 13 wherein the bubble diameter of the
`microbubbles and nanobubbles is less than 0.0006 inches.
`
`23. A method according to claim 13 wherein the separation of electrodes is
`maintained by a nonconductive spacer.
`
`…2
`
`5. A method according to claim 13 wherein the microbubbles and
`nanobubbles are substantially incapable of breaking the surface tension of the
`water.
`
`- Ex. 1101, 12:14-37.
`
`53
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`
`
`Ground 1- Wikey Anticipates Claims 13, 18-23, and 25
`RE45,415
`18. A method according to claim 13 wherein the water has a temperature no
`greater than about ambient temperature at the inlet and the water temperature
`is a factor for formation of the suspension.
`
`- Petition (Paper 1), 34-35
`- Ex. 1101, 4:30-38
`
`19. A method according to claim 13 wherein the microbubbles and
`nanobubbles remain in the water at least in part for a period up to several
`hours.
`
`20. A method according to claim 19 wherein the period for which the
`microbubbles and nanobubbles at
`least
`in part remain in the water is
`determined by containing the water with microbubbles and nanobubbles in a
`two and one half gallon aquarium reservoir container.
`
`21. A method according to claim 13 wherein the microbubbles and
`nanobubbles supersaturate the water.
`
`22. A method according to claim 13 wherein the bubble diameter of the
`microbubbles and nanobubbles is less than 0.0006 inches.
`
`23. A method according to claim 13 wherein the separation of electrodes is
`maintained by a nonconductive spacer.
`
`…2
`
`5. A method according to claim 13 wherein the microbubbles and
`nanobubbles are substantially incapable of breaking the surface tension of the
`water.
`
`- Ex. 1101, 12:14-37.
`
`54
`
`DEMONSTRATIVE EXHIBIT - NOT EVIDENCE
`
`
`
`Ground 1- Wikey Anticipates Claims 13, 18-23, and 25
`RE45,415
`18. A method according to claim
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