CASE 0:20-cv-00358-ECT-HB Doc. 80-11 Filed 06/10/21 Page 1 of 28
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`CASE 0:20-cv-00358-ECT-HB Doc. 80-11 Filed 06/10/21 Page 1 of 28
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`Exhibit 13
`Exhibit 13
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`Page 1
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`OWTEx. 2142
`Tennant Company v. OWT
`IPR2021-00625
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`CASE 0:20-cv-00358-ECT-HB Doc. 80-11 Filed 06/10/21 Page 2 of 28
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`Litigation Invalidity Chart for Reissued Patent US RE45,415 (Senkiw)
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`US RE45,415
`Claim Language
`
`Independent claim 1
`
`1. A method for treating waste water comprising;
`
`
`providing a flow-through oxygenator comprising an emitter for electrolytic generation
`of microbubbles of oxygen comprising an anode separated at a critical distance from a
`cathode
`
`U.S. Patent No. 3,975,247
`(“Stralser”)
`
`Disclosed:
`
`Stralser teaches an electrolytic waste-water treatment process. Stralser, column 1, Purpose of the
`Invention, lines 30-51; column 2, lines 53-60.
`
`Stralser’s process uses a flow-through electrolytic cell 10 wherein a plurality of spaced-apart electrodes
`26, 27, 28, 29 form an emitter for generating water with a high dissolved oxygen (D.O.) content. Stralser,
`column 4, lines 51-57; column 6, lines 58-62.
`
`With reference to Figures 4 and 5 (reproduced below), electrode 26 is the anode and electrode 27 is the
`cathode with respect to the fluid flowing up between electrodes 26 and 27. Stralser, column 6, lines 62-
`67.
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`In the reissue patent, Senkiw specifies that in order to form microbubbles and nanobubbles, the anode and
`cathode are separated by a critical distance; Senkiw says the critical distance is from 0.005 inch to 0.140
`inch. Senkiw, column 3, lines 13-15.
`
`Stralser teaches that his electrode spacing can vary considerably. Stralser, column 6, lines 19-20. Stralser
`discloses an example where the electrode spacing is 1/8 inch, i.e., 0.125 inch. Stralser, column 6, lines
`29-38. Since Stralser’s electrodes are separated by the same distance that Senkiw says is critical,
`Stralser’s device should form microbubbles of oxygen.
`
`Moreover, as noted above, Stralser confirms that his electrochemical process results in a high dissolved
`oxygen (D.O.) content in the water. Stralser, column 4, lines 51-57. In addition, Stralser notes that the
`production of sufficient quantities of ozone (O3), oxygen (O2) and atomic (singlet) oxygen (O) will
`accomplish the desired result. Stralser, column 5, first full paragraph.
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`- 1 -
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`CASE 0:20-cv-00358-ECT-HB Doc. 80-11 Filed 06/10/21 Page 3 of 28
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`US RE45,415
`Claim Language
`and a power source all in electrical communication with each other,
`
`U.S. Patent No. 3,975,247
`(“Stralser”)
`In Figures 4 and 5, the innermost cylindrical electrode 26 is connected to the positive side of a direct
`current power source and the outermost cylindrical electrode 29 is connected to the negative side of the
`direct current power source. Stralser, column 6, lines 53-62. Electrode 26 is the anode and electrode 27 is
`the cathode with respect to the fluid flowing up between electrodes 26 and 27. Thus, the power source
`and electrodes are in electrical communication with one another.
`
`
`placing the emitter within a conduit; and passing waste water through the conduit.
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`
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`As shown in Figures 4 and 5 of Stralser, the electrodes 26, 27, 28, 29 forming the emitter are positioned
`within a tubular container 14a that serves as a conduit for the flow-through electrolytic cell 10a. Stralser,
`column 6, lines 58-62. Waste water is passed through the tubular container 14 during Stralser’s
`electrochemical process. Stralser, column 6, line 62 through column 7, line 9.
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`- 2 -
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`CASE 0:20-cv-00358-ECT-HB Doc. 80-11 Filed 06/10/21 Page 4 of 28
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`US RE45,415
`
`Claim Language
`
`Independent claim 13
`
`
`
`Disclosed:
`
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`U.S. Patent No. 6,251,259
`
`(“Satoh”)
`
`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,
`
`
`
`Satoh discloses methods for producing
`electrolyzed oxidizing water. Satoh, column 6, lines
`41-46; column 8, lines 62-64.
`
`
`Satoh discloses multiple examples where the water
`flow rate is 4 liters per minute, which is equal to
`about 1.06 gallons per minute. Satoh, column 9,
`line 37-42; column 10, lines 53-59; column 12,
`lines 60-64; column 13, lines 39-47.
`
`
`
`Satoh provides a DC power source 12 electrically
`connected to at least one anode, cathode pair 116,
`117 that is contained in a casing 114. Satoh, column
`6, lines 30-31. In the embodiment of Figure 11
`(shown below), the casing 114 is cylinder shaped.
`Satoh, column 14, lines 38-39.
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`- 3 -
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`CASE 0:20-cv-00358-ECT-HB Doc. 80-11 Filed 06/10/21 Page 5 of 28
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`US RE45,415
`
`Claim Language
`
`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;
`
`U.S. Patent No. 6,251,259
`
`(“Satoh”)
`
`An anode polarity is applied to one of the pair of
`mutually facing electrodes 116 and 117, and a
`cathode polarity is applied to the other. Satoh,
`column 6, lines 31-35.
`
`Satoh teaches that the distance between his
`mutually facing electrodes 116, 117 is from 0 mm
`to 5 mm, more preferably 1.5 mm, which is equal to
`about 0.059 inch. Satoh, column 7, lines 5-7. In
`addition, Satoh gives multiple examples where the
`electrode spacing is 1 mm, which is equal to about
`0.039 inch. Satoh, column 9, line 37-42; column
`10, lines 53-59; column 12, lines 60-64; column 13,
`lines 39-47.
`
`
`
`Since Satoh’s electrodes are separated by the
`critical distance, the resulting oxygen bubbles
`should have a diameter of less than 50 microns.
`Moreover, Satoh confirms that for his methods of
`producing electrolyzed oxidizing water, oxygen gas
`is generated and dissolved in the resulting
`electrolyzed water. Satoh, column 9, lines 16-19.
`
`Satoh teaches examples where the current is 14 A,
`7 A, or 4 A. Satoh, column 9, line 37-42; column
`10, lines 53-59; column 12, lines 60-64; column 13,
`lines 39-47. These teachings show that the current
`can be suitably adjusted to different values.
`Furthermore, since the claimed current range is “no
`greater than about 13 amps,” even the 14 A
`example falls within the range claimed. The
`examples of 7 A and 4 A, of course, fall within the
`range claimed.
`
`
`
`In the first two examples, the voltage is not
`identified. Satoh, column 9, line 37-42; column 10,
`lines 53-59. In the next two examples, the voltage
`is said to be 30 V. Satoh, column 12, lines 60-64;
`column 13, lines 39-47. Since the claimed voltage
`range is “no greater than about 28.3 volts,” Satoh’s
`30 V examples fall within literal scope of the
`claimed range.
`
`The casing 114 in Satoh has an inlet 111 and an
`outlet 112 and a tubular flow axis from the inlet to
`the outlet. Satoh, column 14, lines 47-55. As shown
`in Figure 11 (reproduced below), the tubular casing
`114 of the electrolytic cell 11 has a tubular flow axis,
`which is shown extending vertically up the image.
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`- 4 -
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`CASE 0:20-cv-00358-ECT-HB Doc. 80-11 Filed 06/10/21 Page 6 of 28
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`US RE45,415
`
`Claim Language
`
`U.S. Patent No. 6,251,259
`
`(“Satoh”)
`
`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.
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`In Satoh, the water flows in the inlet 111, out the
`outlet 112, and is in fluid contact with the
`electrodes. The membrane 115 is porous to water
`molecules, so water flowing through the electrolytic
`cell 11 is able to contact the electrode 116 that is
`adjacent the membrane. Satoh, column 5, lines 11-
`14.
`
`
`
`Satoh teaches using tap water, which includes
`dissolved solids. Satoh, column 9, lines 6-8 and
`37-40; column 10, lines 52-55; column 11, lines 33-
`35; column 12, lines 60-64; column 13, lines 39-44;
`column 15, lines 25-30. Satoh, for example,
`mentions the tap water including calcium and
`magnesium. Satoh, column 7, lines 55-60. Satoh
`discloses using the electrolyzed water as potable
`water, or for drip solutions and other injections.
`Satoh, Technical Field.
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`- 5 -
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`CASE 0:20-cv-00358-ECT-HB Doc. 80-11 Filed 06/10/21 Page 7 of 28
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`US RE45,415
`
`Claim Language
`
`U.S. Patent No. 6,251,259
`
`(“Satoh”)
`
`Disclosed:
`
`
`
`In Satoh, there is at least one pair of anode and
`cathode electrodes 116, 117 in the casing 114. As
`shown in Figure 11, Satoh’s electrodes 116, 117 are
`of solid design, and they are spaced apart along the
`radius of the tubular casing such that their long axes
`are parallel to the tubular water flow axis. Satoh,
`column 14, lines 45-47.
`
`Claim 14
`
` A
`
` method according to claim 13 wherein the housing contains at
`least one anode and at least one cathode, the electrodes are of
`a grid or solid design and are relatively positioned in cross
`section along the radius of the tubular housing with their long
`axes substantially parallel to the tubular water flow axis of the
`housing.
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`- 6 -
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`Claim 15: Not relevant
`
` A
`
` method according to claim 13 wherein the housing has a side
`arm positioned at an angle relative to the tubular flow axis and
`the electrodes are located in the side arm.
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`
`
`Claim 16: Not relevant
`
` A
`
` method according to claim 15 wherein the side arm contains a
`multiple number of anode and cathode electrodes and the
`electrodes are plate shaped.
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`CASE 0:20-cv-00358-ECT-HB Doc. 80-11 Filed 06/10/21 Page 8 of 28
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`U.S. Patent No. 6,251,259
`
`(“Satoh”)
`
`Disclosed:
`
`
`
`As shown in Figures 1-4, 6, 10, and 11, Satoh uses
`electrodes 116, 117 of solid design. In addition,
`Satoh discloses the option of using two sets of
`electrodes. Satoh, column 2, line 64 through
`column 3, line 2. Satoh teaches that such
`arrangements increase the reaction area per unit
`volume and improve the efficiency of the
`electrolysis, such that the electrolytic cell can be
`compact. Satoh, column 3, lines 2-7.
`
`
`
`Disclosed:
`
`
`
`Satoh discloses using tap water, and there is no
`disclosure of heating the water prior to delivering it
`to the electrolytic cell 11. Satoh, column 9, lines 6-
`8 and 37-40; column 10, lines 52-55; column 11,
`lines 33-35; column 12, lines 60-64; column 13,
`lines 39-44; column 15, lines 25-30. As with any
`electrolytic water treatment process, water
`temperature is a factor in the electrolytic process of
`Satoh.
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`
`
`Disclosed:
`
`
`
`“Up to several hours” includes any time period less
`than several hours.
`
`
`
`Satoh explicitly teaches that the preferred
`electrode spacing is 1.5 mm, i.e., about 0.059 inch.
`Satoh, column 7, lines 5-7. Thus, Satoh’s
`electrodes are separated by the critical distance,
`and the resulting oxygen bubbles should therefore
`have a diameter of less than 50 microns. While
`Satoh does not specify a time period during which
`oxygen bubbles remain in the water, the bubbles
`are created from the water, and thus start out in the
`water, so they necessarily remain in the water for
`some period of time.
`
`
`
`Moreover, in the reissue patent, Senkiw states that
`in “the special dimensions of the invention,” O2
`forms bubbles which are too small to break the
`surface tension of the fluid. Senkiw, column 4, lines
`30-33. Senkiw says these bubbles remain
`suspended indefinitely in the fluid. Senkiw, column
`4, lines 33-35. According to Senkiw, only after
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`- 7 -
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`US RE45,415
`
`Claim Language
`
`Claim 17
`
` A
`
` method according to claim 14 wherein a multiple number of
`anode and cathodes are present and are of grid or solid design.
`
`Claim 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.
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`Claim 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.
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`CASE 0:20-cv-00358-ECT-HB Doc. 80-11 Filed 06/10/21 Page 9 of 28
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`U.S. Patent No. 6,251,259
`
`(“Satoh”)
`several hours do the bubbles begin to coalesce on
`sides of the container. Senkiw, column 4, lines 35-
`37. Recall that Senkiw identifies the special
`dimensions of the invention as being the electrode
`separation of from 0.005 to 0.140 inch. Senkiw,
`column 3, lines 13-15. Since Satoh discloses
`electrode spacing of about 0.059 inch, his
`electrodes should produce oxygen bubbles that are
`too small to break the surface tension, and
`therefore remain suspended in the fluid indefinitely,
`or at least for several hours.
`
`
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`Disclosed:
`
`
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`This claim depends from claim 19, which merely
`says the bubbles must remain in the water for “up
`to several hours.” That includes any time period
`less than several hours.
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`
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`Satoh explicitly teaches the preferred electrode
`spacing being 1.5 mm, i.e., about 0.059 inch. Thus,
`Satoh’s electrodes are separated by the critical
`distance; oxygen bubbles with a diameter of less
`than 50 microns should therefore result. While
`Satoh does not specify the time period during
`which oxygen bubbles remain in the water, the
`bubbles are created from the water, and thus start
`out in the water. Regardless of the type of
`container the water is contained in, oxygen bubbles
`will remain in the water for some period of time.
`
`
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`Moreover, in the reissue patent, Senkiw states that
`in “the special dimensions of the invention,” O2
`forms bubbles which are too small to break the
`surface tension of the fluid. Senkiw, column 4, lines
`30-33. Senkiw says these bubbles remain
`suspended indefinitely in the fluid. Senkiw, column
`4, lines 33-35. According to Senkiw, only after
`several hours do the bubbles begin to coalesce on
`sides of the container. Senkiw, column 4, lines 35-
`37. Senkiw identifies the special dimensions of the
`invention as being the electrode separation of from
`0.005 to 0.140 inch. Senkiw, column 3, lines 13-15.
`Since Satoh discloses electrode spacing of about
`0.059 inch, his electrodes should produce oxygen
`bubbles that are too small to break the surface
`tension, and they should remain suspended in the
`fluid indefinitely, or at least for several hours, as
`determined by containing the water in a two-and-
`one half gallon aquarium reservoir container.
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`- 8 -
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`US RE45,415
`
`Claim Language
`
`Claim 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.
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`CASE 0:20-cv-00358-ECT-HB Doc. 80-11 Filed 06/10/21 Page 10 of 28
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`U.S. Patent No. 6,251,259
`
`(“Satoh”)
`
`Disclosed:
`
`
`
`In the reissue patent, Senkiw states that in “the
`special dimensions of the invention,” O2 forms
`bubbles which are too small to break the surface
`tension of the fluid. Senkiw, column 4, lines 30-33.
`Senkiw says that only after several hours do the
`bubbles begin to coalesce on sides of the
`container. Senkiw, column 4, lines 35-37. During
`that time, the water is supersaturated with oxygen,
`according to Senkiw. Senkiw, column 4, lines 38-
`39.
`
`
`
`Senkiw identifies the special dimensions of the
`invention as being the electrode separation of from
`0.005 to 0.140 inch. Senkiw, column 3, lines 13-15.
`Since Satoh discloses electrode spacing of 0.059
`inch, his electrodes should produce oxygen
`bubbles that remain suspended in the fluid at least
`for several hours, during which time the water
`would be supersaturated with oxygen.
`
`
`
`Disclosed:
`
`
`
`In the reissue patent, Senkiw states that in “the
`special dimensions of the invention,” O2 forms
`bubbles which are too small to break the surface
`tension of the fluid. Senkiw, column 4, lines 30-33.
`Senkiw, column 4, lines 38-39.
`
`
`
`Senkiw identifies the special dimensions of the
`invention as being the electrode separation of from
`0.005 to 0.140 inch. Senkiw, column 3, lines 13-15.
`Since Satoh discloses electrode spacing of 0.059
`inch, his electrodes should produce oxygen
`bubbles of the same size as those claimed in the
`reissue patent.
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`
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`Disclosed:
`
`
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`In Satoh, the electrodes 116, 117 are maintained in
`spaced-apart positions by the casing 114 and
`packing 151. Since the casing 114 and packing
`151 embrace both the positive and negative
`electrodes, the casing 114, packing 151, or both
`must be formed of nonconductive material.
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`- 9 -
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`US RE45,415
`
`Claim Language
`
`Claim 21
`
` A
`
` method according to claim 13 wherein the microbubbles and
`nanobubbles supersaturate the water.
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`
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`Claim 22
`
` A
`
` method according to claim 13 wherein the bubble diameter of
`the microbubbles and nanobubbles is less than 0.0006 inches.
`
`Claim 23
`
` A
`
` method according to claim 13 wherein the separation of
`electrodes is maintained by a nonconductive spacer.
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`CASE 0:20-cv-00358-ECT-HB Doc. 80-11 Filed 06/10/21 Page 11 of 28
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`US RE45,415
`
`Claim Language
`
`U.S. Patent No. 6,251,259
`
`(“Satoh”)
`
`
`
`
`
`Disclosed:
`
`
`
`Satoh teaches that the preferred distance between
`his electrodes 116, 117 is 1.5 mm, which is equal
`to about 0.059 inch. Satoh, column 7, lines 5-7.
`
`
`
`Disclosed:
`
`
`
`In the reissue patent, Senkiw states that in “the
`special dimensions of the invention,” O2 forms
`bubbles which are too small to break the surface
`tension of the fluid. Senkiw, column 4, lines 30-33.
`Senkiw identifies the special dimensions of the
`invention as being the electrode separation of from
`0.005 to 0.140 inch. Senkiw, column 3, lines 13-15.
`Since Satoh discloses electrode spacing of about
`0.059 inch, his electrodes should produce oxygen
`bubbles that are too small to break the surface
`tension of the water.
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`- 10 -
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`Claim 24
`
` A
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` method according to claim 13 wherein the electrode separation
`distance is about 0.045 to about 0.06 inches.
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`
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`Claim 25
`
` A
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` method according to claim 13 wherein the microbubbles and
`nanobubbles are substantially incapable of breaking the surface
`tension of the water.
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`CASE 0:20-cv-00358-ECT-HB Doc. 80-11 Filed 06/10/21 Page 12 of 28
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`U.S. Patent No. 5,378,339
`(“Aoki”)
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`Disclosed:
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`
`
`Aoki notes that a limitation of some conventional
`water electrolyzers is they use a rod-like electrode.
`Aoki, column 1, lines 20-32. Aoki says it is
`impossible for rod-like electrodes to broaden the
`surface area for electrolyzing water. Aoki, column
`1, lines 29-31.
`
`
`
`Aoki teaches that to provide a water electrolyzer
`having higher electrolyzing efficiency, the surface
`area of the electrodes can be made broader by
`providing the electrodes in the form of concentric
`cylinders. Aoki, column 1, lines 48-51. Figures 3A
`and 3B of Aoki are reproduced below.
`
`US RE45,415
`
`Claim Language
`
`U.S. Patent No. 6,251,259
`
`(“Satoh”)
`
`
`
`Disclosed:
`
`
`
`for
`Satoh discloses electrolytic cell designs
`producing electrolyzed water to be used as potable
`water, drip solutions and other injections. Satoh,
`column 1, lines 8-11. In one design, the electrolytic
`cell has a cylindrical shaped casing 114. Satoh,
`column 14, lines 38-39. This is shown by Satoh in
`Figure 11, which is reproduced below.
`
`
`
`Claim 26
`
` A
`
` method according to claim 13 wherein each anode and
`cathode electrode of the emitter is positioned so that
`substantially all points midway between opposing anode and
`cathode electrodes are closer to a surface of the tubular housing
`than to a center point within the tubular housing.
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`Here, Satoh shows a rod-like central electrode 117.
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`CASE 0:20-cv-00358-ECT-HB Doc. 80-11 Filed 06/10/21 Page 13 of 28
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`US RE45,415
`
`Claim Language
`
`U.S. Patent No. 6,251,259
`
`(“Satoh”)
`
`
`
`It therefore would have been obvious to replace the
`rod-like central electrode arrangement of Satoh
`with the concentric cylindrical electrode
`arrangement of Aoki.
`
`
`
`Accordingly, it would have been obvious to position
`the anode and cathode electrodes so that all points
`midway between the opposing anode and cathode
`electrodes are closer to a surface of the tubular
`housing than to a center point within the tubular
`housing.
`
`
`
`Disclosed:
`
`
`
`In the Satoh cell modified based on the teachings
`of Aoki, the anode and cathode electrodes would
`be positioned so that the electrodes do not obstruct
`a water flow passage along the center of the
`tubular housing.
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`Claim 27
`
` A
`
` method according to claim 26 wherein each anode and
`cathode electrode of the emitter are positioned so that the
`electrodes do not obstruct a water flow passage along the center
`of the tubular housing.
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`- 12 -
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`US RE45,415
`Claim Language
`Independent claim 13
`
` 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,
`
`Disclosed:
`
`Davies teaches a process for electrolytically treating water to be used for drinking
`or human body contact. Davies, column 1, lines 7-20. The process uses a clarifying
`electrolytic cell. Davies, column 2, lines 58-59. When the cell is operated such that
`electric current passes through the water from one electrode to the next, oxygen
`bubbles will be generated in water flowing through the cell. The method of Davies
`will therefore produce an oxygenated aqueous composition.
`
`Davies discloses a water flow rate through the clarifying electrolytic cell of about
`one gallon per minute. Davies, column 5, lines 33-36.
`
`As shown in Figures 10 and 12, the electrolytic cell of Davies has a cylindrical
`casing 1, 1a in which there is a stack of electrode plates, including grouped anode
`plates 5, 5a and grouped cathode plates 6, 6a. Davies, column 2, lines 58-68. The
`anode and cathode electrodes are electrically connected by wires 12, 13 to a source
`of electricity 19. Davies, column 4, lines 5-10 and 26-30.
`
`
`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,
`
`
`
`
`
`In Davies, electricity flows from the power source 19 to the electrodes 5, 5a, 6, 6a
`via the illustrated wires 12, 13. Davies, column 4, lines 5-10 and 26-30.
`
`Davies teaches that the electrodes can be separated by 1/8 inch, i.e., 0.125 inch.
`Specifically, Davies says the electrode spacing for most purposes should be 1/8
`inch to 1/4 inch (3.5 to 7 mm). Davies, column 3, lines 43-46. Moreover, Davies
`notes that it is desirable for the space between adjacent electrodes to be small, so
`as to provide a short path for travel of electricity between the plates. Davies,
`column 3, lines 46-48.
`
`Since the electrodes of Davies are separated by the critical distance, the resulting
`oxygen microbubbles should have a bubble diameter of less than 50 microns.
`
`
`Davies discloses a 12-volt battery as one example of a suitable power source.
`Davies, column 5, lines 65-68. As another option, Davies mentions using a
`conventional AC current source, such as 110 or 220 volts, transformed to a low
`voltage, such as 12 or 24 volts, depending on the particular type of installation for
`which the clarifier is to be used. Davies, column 9, lines 1-5. Further, in
`connection with the through-flow cell 1a embodiment (shown below), Davies says
`power for the cell can be supplied to a reversing switch 58a by a rectifier having a
`24-volt voltage. Davies, column 9, lines 59-65.
`
`
`- 13 -
`
`CASE 0:20-cv-00358-ECT-HB Doc. 80-11 Filed 06/10/21 Page 14 of 28
`
`U.S. Patent No. 4,917,782
`(“Davies”)
`
`U.S. Patent No. 5,324,398
`(“Erickson”)
`
`
`
`
`
`
`
`
`
`Disclosed:
`
`Erickson teaches that the relative size, shape,
`construction and materials of the housing 26
`can be altered as desired. Erickson, column
`7, lines 7-9. The specific electrode separation
`Erickson teaches is 0.2 centimeters, which is
`equal to 0.079 inch. Erickson, column 7,
`lines 13-15.
`
`
`Davies discloses using a 12-volt battery or
`providing a 24-volt voltage, but does not
`explicitly mention the current ranges.
`
`Davies is concerned with cleaning water by
`electrolytic treatment. Davies, Field of the
`Invention. Likewise, Erickson is concerned
`with cleaning water by electrolytic treatment.
`Erickson, column 6, lines 9-12. Moreover,
`like Davies, Erickson discloses an
`
`

`

`
`
`CASE 0:20-cv-00358-ECT-HB Doc. 80-11 Filed 06/10/21 Page 15 of 28
`
`US RE45,415
`Claim Language
`
`U.S. Patent No. 4,917,782
`(“Davies”)
`
`U.S. Patent No. 5,324,398
`(“Erickson”)
`electrolytic water treatment cell having a
`tubular housing containing a stack of plate
`electrodes. Erickson, Figure 2 (reproduced
`below).
`
`Erickson teaches techniques for maintaining
`a desired electrical current through such a
`cell even when the resistivity of the water
`varies. Erickson, column 5, lines 60-61;
`column 6, lines 23-27.
`
`Moreover, Erickson teaches that a voltage of
`24 volts or more and a current on the order of
`10 amperes are desirable to break down the
`chemical bonds in the water molecules, and
`hence increase the oxygenation of the water.
`According to Erickson, the higher oxygen
`levels then kill bacteria. Erickson, column
`11, lines 14-19.
`
`Based on these teachings of Erickson, it
`would have been obvious to use a voltage of
`24 volts in the Davies system (recall that 24
`volts is one of the voltage levels that Davies
`explicitly suggests) in combination with a
`current on the order of 10 amperes. A person
`of ordinary skill in the art would have been
`motivated to do so in order to break down the
`chemical bonds in the water molecules, and
`thereby increase oxygenation of the water.
`As reported by Erickson, this would for
`example help kill bacteria. Erickson, column
`11, lines 14-19.
`
`
`
`
`
`
`
`
`
`
`
`- 14 -
`
`

`

`
`
`CASE 0:20-cv-00358-ECT-HB Doc. 80-11 Filed 06/10/21 Page 16 of 28
`
`U.S. Patent No. 5,324,398
`(“Erickson”)
`
`
`
`
`
`
`
`
`
`
`
`US RE45,415
`Claim Language
`the tubular housing has an inlet and an
`outlet and a tubular flow axis from the
`inlet to the outlet;
`
`U.S. Patent No. 4,917,782
`(“Davies”)
`In Davies, the cylindrical casing 1, 1a has an inlet, an outlet, and a tubular flow
`axis extending from the inlet to the outlet. In more detail, the cylindrical casing is
`connected on one end to a supply pipe 2 and is connected on the other end to a
`discharge pipe 3. Davies, column 2, lines 60-63.
`
`
`In Davies, the water flows in the inlet (via the supply pipe 2), out the outlet (via
`the discharge pipe 3), and is in fluid contact with the electrodes 5, 5a, 6, 6a.
`Davies, column 2, lines 60-63; Figures 2 and 11.
`
`One application for the clarifying apparatus of Davies is a house-hold water
`system. This may involve attaching the clarifying apparatus to the cold-water
`supply 23 for a sink or wash bowl. Davies, column 4, lines 66-68. Water treated by
`the clarifying apparatus can be obtained from the outlet and used for drinking and
`cooking purposes. Davies, column 5, lines 7-11. Another application taught by
`Davies is treating water from a well serving one or two residences. Davies, column
`5, lines 22-27. In both applications, the water has conductivity resulting from the
`presence of dissolved solids.
`
`Disclosed:
`
`In Davies, there is a stack of electrode plates, including grouped anode plates 5, 5a
`and grouped cathode plates 6, 6a. Davies, column 2, lines 58-68. As shown in
`Figure 13, the electrodes are of solid design and are spaced-apart at different
`positions along the radius of the cylindrical casing 1 with their long axes parallel
`to the tubular water flow axis of the cylindrical casing.
`
`
`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.
`
`Claim 14
`
` A
`
` method according to claim 13 wherein
`the housing contains at least one anode
`and at least one cathode, the electrodes are
`of a grid or solid design and are relatively
`positioned in cross section along the
`radius of the tubular housing with their
`long axes substantially parallel to the
`tubular water flow axis of the housing.
`
`
`
`
`
`- 15 -
`
`Claim 15: Not relevant
`
`
`
` A
`
` method according to claim 13 wherein
`the housing has a side arm positioned at an
`angle relative to the tubular flow axis and
`the electrodes are located in the side arm.
`
`
`
`

`

`
`
`US RE45,415
`Claim Language
`Claim 16: Not relevant
`
`
`
`CASE 0:20-cv-00358-ECT-HB Doc. 80-11 Filed 06/10/21 Page 17 of 28
`
`U.S. Patent No. 4,917,782
`(“Davies”)
`
`U.S. Patent No. 5,324,398
`(“Erickson”)
`
`
`
`
`
`
`
`
`
`Disclosed:
`
`In Davies, there is a stack of electrode plates, including multiple grouped anode
`plates 5, 5a and multiple grouped cathode plates 6, 6a. Davies, column 2, lines 58-
`68. As shown in Figure 13, the electrodes are of solid design.
`
`
` A
`
` method according to claim 15 wherein
`the side arm contains a multiple number of
`anode and cathode electrodes and the
`electrodes are plate shaped.
`Claim 17
`
` A
`
` method according to claim 14 wherein a
`multiple number of anode and cathodes
`are present and are of grid or solid design.
`
`
`
`
`Disclosed:
`
`Davies suggests attaching his clarifying apparatus to the cold-water supply 23 of a
`faucet or wash bowl. Davies, column 4, lines 66-68. In such cases, the water at the
`inlet of the Davies apparatus has a temperature no greater than about ambient
`temperature. As with any electrolytic water treatment process, water temperature is
`a factor in the electrolytic process of Davies.
`
`Disclosed:
`
`“Up to several hours” includes any time period less than several hours.
`
`Davies discloses the electrode spacing being 1/8 inch, i.e., 0.125 inch. Thus,
`Davies’ electrodes are separated by the critical distance, and oxygen microbubbles
`having a bubble diameter of less than 50 microns should result. While Davies does
`not specify a time period during which oxygen bubbles remain in the water, the
`bubbles are created from the water, and thus start out in the water, so they
`necessarily remain in the water for some period of time.
`
`Moreover, in the reissue patent, Senkiw states that in “the special dimensions of
`the invention,” O2 forms bubbles which are too small to break the surface tension
`of the fluid. Senkiw, column 4, lines 30-33. Senkiw says these bubbles remain
`suspended indefinitely in the fluid. Senkiw, column 4, lines 33-35. According to
`Senkiw, only after several hours do the bubbles begin to coalesce on sides of the
`container. Senkiw, column 4, lines 35-37. Recall that Senkiw identifies the special
`dimensions of the invention as being the electrode separation of from 0.005 to
`0.140 inch. Senkiw, column 3, lines 13-15. Since Davies discloses electrode
`spacing of 0.125 inch, his electrodes should produce oxygen bubbles that are too
`small to break the surface tension, and therefore remain suspended in the fluid
`indefinitely, or at least for several hours.
`
`
`
`
`- 16 -
`
`Claim 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