michael r. braden, petitioner · michael r. braden, petitioner, v. mark n. chaffin, patent owner...

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE THE PATENT TRIAL AND APPEAL BOARD

___________________

MICHAEL R. BRADEN, Petitioner,

v. MARK N. CHAFFIN, Patent Owner

___________________

U.S. Patent No. 6,932,912 to Chaffin Issue Date: August 23, 2005

Title: WASTEWATER TREATMENT SYSTEM

FOR RESIDENTIAL SEPTIC SYSTEMS

___________________

Inter Partes Review No. __________________

___________________

PETITION FOR INTER PARTES REVIEW OF CLAIMS 7, 14, 20-22, and 24 of U.S. PATENT NO. 6,932,912

Mail Stop PATENT BOARD Patent Trial and Appeal Board U.S. Patent and Trademark Office P.O. Box 1450 Alexandria, Virginia 22313–1450

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CERTIFICATE OF SERVICE

Pursuant to 37 C.F.R. §§ 42.8(b)(4) and 42.105(b), I certify that on January 7, 2014, a complete and entire copy of this Petition for Inter Partes Review and all supporting exhibits were provided via EXPRESS MAIL and email, costs prepaid, to the Patentee by serving the correspondence address of record as follows:

Mark N. Chaffin c/o Douglas W. Rommelmann ANDREWS KURTH LLP 600 Travis, Suite 4200 Houston, Texas 77002 T: (713) 220-4697 F: (713) 238-7227 [email protected]

/s/ mpaul Michael Paul, Reg. No. 59,896 [email protected]

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TABLE OF CONTENTS

I. Mandatory Notices Under 37 C.F.R. § 42.8 ................................................ 1

A. Real Party-in-Interest Under 37 C.F.R. § 42.8(b)(1). ........................... 1

B. Related Matters Under 37 C.F.R. § 42.8(b)(2)...................................... 1

C. Lead And Back-Up Counsel Under 37 C.F.R. § 42.8(b)(3) .................. 1

D. Service Information ................................................................................ 1

E. Payment of Fees Under 37 C.F.R. § 42.103 .......................................... 2

F. Grounds for Standing Under 37 C.F.R. § 42.104(a) ............................. 2

G. Challenge Under 37 C.F.R. § 42.104(b) and Relief Requested ............ 2

II. Summary of the ’912 Patent and Petitioner’s Grounds. ............................ 3

III. Obviousness Analysis. ................................................................................... 5

A. Generally. ............................................................................................... 5

B. The Pertinent Art. ................................................................................... 5

C. The Level of Ordinary Skill. ................................................................... 7

D. The Scope and Content of the Prior Art. ............................................... 8

1. Generally. ....................................................................................... 8

2. Proper Dosing. ............................................................................... 8

a. Constant Feed Rate Systems. ..................................................... 9

b. Proportional Feed Rate Systems. .............................................10

3. Mixing ..........................................................................................13

E. Summary...............................................................................................15

IV. Construction of Certain Terms of the Challenged Claims. .....................16

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V. Grounds for Unpatentability. .....................................................................17

A. Ground 1: Anticipation of the Challenged Claims by Braden. ...........17

B. Ground 2: Obviousness of the Challenged Claims Based on Braden Combined With Longley ......................................................................28

C. Ground 3: Obviousness of the Challenged Claims Based on U.S. Patent 5,266,216 (Agueda) Combined With Longley .........................37

D. Ground 4: Obviousness of the Challenged Claims Based on U.S. Patent 6,306,304 (Sweet) Combined With Longley ............................49

VI. Conclusion ....................................................................................................60

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EXHIBITS

Exhibit Name Abbreviation

1001 U.S. Patent 6,932,912 (Chaffin). the ’912 Patent

1002 U.S. Patent 6,627,071 (Braden). Braden

1003 U.S. Patent 4,333,833 (Longley). Longley

1004 U.S. Patent 5,266,216 (Agueda). Agueda

1005 U.S. Patent 6,306,304 (Sweet). Sweet

1006 Decl. of James Weishuhn, P.E. Weishuhn Decl.

1007 Excerpt from ’912 Patent File Wrap-per

File Wrapper

1008

Tom D. Reynolds, Unit Operations and Processes in Environmental En-gineering 523–539 (Wadsworth 1982).

1009

Operation of Municipal Wastewater Treatment Plants 258–292, 915–964 (Water Environment Federation 5th ed. 1996).

1010 History of Wallace & Tiernan.

1011 Warren T. Scott & LeRoy W. Van Kleeck, Chlorine Disinfection of Sewage, 6 Sewage Works J. (1934).

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1012 Wastewater Technology Fact Sheet—Dechlorination, EPA Office of Water (Sept. 1999).

1013 George Tchobanoglous & Franklin L. Burton, McGraw-Hill Series in Water Resources and Environmental Engi-neering (McGraw Hill 3d ed. 1991).

1014 The Sanitation of Swimming Pools, Tech. Publ. No. 41, Wallace & Tiernan (circa 1931).

1015 Jay Lehr et al., Domestic Water Treatment ch.8 (McGraw Hill 1980).

1016 Alternative Disinfectant and Oxidants Guidance Manual, EPA Office of Water (Apr. 1999).

1017 Webster’s Encyclopedic Unabridged Dictionary of the English Language (Thunder Bay Press 2001).

1018 U.S. Patent 1,413,153 (Apr. 18, 1922).

1019 U.S. Patent 2,013,577 (Sept. 3, 1931).

1020 U.S. Patent 2,086,957 (Oct. 31, 1934).

1021 U.S. Patent 2,158,985 (May 16, 1939).

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1022 U.S. Patent 2,929,393 (Mar. 22, 1960).

1023 U.S. Patent 2,999,797 (Sept. 12, 1961).

1024 U.S. Patent 4,019,983 (Apr. 26, 1977).

1025 U.S. Patent 4,256,552 (Mar. 17, 1981).

1026 U.S. Patent 4,776,771 (Oct. 11, 1988).

1027 U.S. Patent 5,618,440 (Apr. 8, 1997).

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I. Mandatory Notices Under 37 C.F.R. § 42.8

A. Real Party-in-Interest Under 37 C.F.R. § 42.8(b)(1).

The real party-in-interest is Michael R. Braden, 1500 Braden Lane, Colum-

bus, Texas 78932–3434.

B. Related Matters Under 37 C.F.R. § 42.8(b)(2).

The Patentee has sued Petitioner for infringement of Claims 7, 14, 20, 21,

22, and 24 of U.S. Patent 6,932,912.1 The case is currently pending as Civil Action

No. 6:14-CV-00027 in the United States District Court for the Southern District of

Texas, Victoria Division.

C. Lead And Back-Up Counsel Under 37 C.F.R. § 42.8(b)(3)

Lead Counsel Back-Up Counsel

Michael D. Paul Gunn, Lee & Cave, P.C. 300 Convent, Suite 1080 San Antonio, Texas 78205 T: (210) 886–9500 F: (210) 886–9883 [email protected]

Edward B. Marvin Gunn, Lee & Cave, P.C. 300 Convent, Suite 1080 San Antonio, Texas 78205 T: (210) 886–9500 F: (210) 886–9883 [email protected]

D. Service Information

Please address correspondence to both counsel listed above. Petitioner consents

1 Ex. 1001.

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to electronic service by email at [email protected] and emarvin@gunn-

lee.com.

E. Payment of Fees Under 37 C.F.R. § 42.103

The required fee is being paid via online credit card payment.

F. Grounds for Standing Under 37 C.F.R. § 42.104(a)

The ’912 Patent is available for inter partes review and Petitioner is not barred

or estopped from requesting an inter partes review on the grounds identified in this

petition. This petition has been filed within one year of Petitioner being served

with a complaint in the related matter identified in Part B supra.

G. Challenge Under 37 C.F.R. § 42.104(b) and Relief Requested

Petitioner challenges Claims 7, 14, 20, 21, 22, and 24 (the Challenged Claims)

as anticipated by U.S. Patent 6,627,071 (Braden),2 and as obvious based on (i)

Braden combined with U.S. Patent 4,333,833 (Longley),3 (ii) U.S Patent 5,266,216

(Agueda)4 combined with Longley, and (iii) U.S. Patent 6,306,304 (Sweet)5 com-

bined with Longley. Petitioner requests that the Board hold these claims invalid.

2 Ex. 1002.

3 Ex. 1003.

4 Ex. 1004.

5 Ex. 1005.

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II. Summary of the ’912 Patent and Petitioner’s Grounds.

The Petitioner asserts the Challenged Claims are invalid as both anticipated and

obvious. First, Petitioner will show that Braden teaches each limitation of each of

the Challenged Claims. Second, Petitioner asserts that any limitation not taught by

Braden can be found in prior art and it would have been obvious to combine that

prior art with at least two primary references to arrive at the Challenged Claims:

Agueda and Sweet.

The ’912 Patent relates to septic systems, which are common in areas not ser-

viced by municipal sewage treatment systems. Typical septic systems contain se-

quential chambers to eliminate solid waste using aerobic bacteria, clarify the

wastewater, and store the treated wastewater prior to discharge into the environ-

ment through a drain field (below ground) or a sprinkler system (above ground).6

In some treatment systems, a disinfectant (e.g., chlorine, ozone) is mixed with

the wastewater between clarification and discharge. In practice, the disinfectant is

introduced either by flow into a storage tank or through a region of water flow.7

The ’912 Patent teaches a wastewater treatment system (and related method)

that uses the venturi effect to pull chlorine from a container into an effluent tank.

6 Ex. 1002, U.S. Patent 6,627,071 col.2 ll.10–30.

7 Ex. 1002, ’071 Patent, col.1 ll.34–44.

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The venturi effect is a reduction in pressure caused by fluid flow through a con-

stricted section of a tube. Fluid flow through the constricted section results in an

increase in fluid velocity. Because pressure is inversely related to fluid velocity,

this causes a drop in pressure at the point of constriction that can be used to draw a

second fluid into the constriction.8

Structurally, the Challenged Claims recite a pump within a storage tank, a recir-

culation pipe, a venturi chamber9 connected to the recirculation pipe, and a chlo-

rine supply tube connecting the venturi chamber to a canister of chlorine solution.

The recirculation pipe is connected to a discharge pipe. When activated, the pump

moves effluent from the tank through the discharge pipe to the sprinkler, but a por-

tion of the effluent returns to the tank through the recirculation pipe and venturi

chamber. This creates a pressure differential between the ends of the supply tube,

which pulls chlorine from the chlorine container into the venturi.10

8 Ex. 1006, Decl. of James Weishuhn ¶ 20 (Dec. 30, 2014).

9A “venturi chamber” is a chamber shaped to cause the venturi effect for the pur-

poses of drawing a fluid to the chamber through an inlet using a motive fluid. Such

devices are often referred to as injectors, eductors, aspirators, venturis, and vacuum

pumps. Ex. 1006, Weishuhn Decl. ¶ 72.

10 Ex. 1001, ’912 Patent, col.1 l.56 to col.2 l.45.

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III. Obviousness Analysis.

A. Generally.

This petition includes three grounds that the Challenged Claims are invalid

based on § 103. When considering obviousness of a combination of known ele-

ments, the operative question is “whether the improvement is more than the pre-

dictable use of prior art elements according to their established functions.”11

In order to answer this question, Petitioner must first address the underlying

factual inquiries of Graham v. John Deere Co.: (1) the scope and content of the

prior art; (2) ascertaining the differences between the claimed invention and the

prior art; and (3) resolving the level of ordinary skill in the pertinent art.12

B. The Pertinent Art.

Petitioner must first ascertain the pertinent art to determine the relevant prior art

and the level of ordinary skill in the art on February 19, 2002—the effective filing

date of the ’912 Patent. “A reference is reasonably pertinent if . . . it is one which,

because of the subject matter with which it deals, logically would have commend-

11 KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 401 (2007).

12 Id. at 399.

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ed itself to an inventor’s attention in considering his problem.”13

The ’912 Patent describes a wastewater treatment system that uses a liquid dis-

infectant system as an improvement over tablet chlorinators.14 In addition, the ’912

Patent attempts to address the proper dosing of chlorine (either liquid or gas) into a

small-volume septic system and efficiently mixing chlorine with wastewater con-

tained within a tank.15 The ’912 Patent notes that the efficient mixing of chlorine is

to be determined by the size of a metering orifice and the flow rate through a ven-

turi that is part of the system.16 Further, the ’912 Patent attempts to enhance induc-

tion of disinfected effluent to an attached spray field by using “crossover tubing.”17

The “pertinent art” includes at least the storage, dosing, and mixing of a liquid

or a gas to treat water in either a commercial, residential, or municipal setting and

where the effluent source is drinking water to be supplied to a home or business or

13 Innovention Toys, LLC v. MGA Entm’t, Inc., 637 F.3d 1314, 1321 (Fed. Cir.

2011).

14 Ex. 1001, ’912 Patent, col.1 ll.15–53.

15 Ex. 1001, ’912 Patent, col.1 ll.15–26 (“[T]he present invention concerns . . . a

liquid solution containing chlorine as a chlorine supply.”).

16 Ex. 1001, ’912 Patent, col.1 ll.24–26.

17 Ex. 1001, ’912 Patent, abstract.

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wastewater received from a home, business or community.18 While the ’912 Patent

is expressly within the field of wastewater, art within the field of treatment of

drinking water supplies is also pertinent because the principles of treating a water

supply with a disinfectant are the same as the treatment of wastewater. Both aim to

alter the state of water received from a source before discharge to some location. In

the case of treating a water supply, influent is received from a source, such as a

lake or a river, treated to a level that allows it to be safely used or consumed for in-

tended purposes, and then distributed via water supply. In the case of wastewater,

effluent that will be discharged to the ground surface or receiving stream is re-

ceived from a treatment device, such as a residence or business, then disinfected to

the regulatory required level.19

C. The Level of Ordinary Skill.

The level of ordinary skill on February 19, 2002 was three to five years of expe-

rience designing or implementing wastewater treatment plants (commercial or res-

idential) for wastewater treatment or the manufacturing of wastewater treatment

plants (commercial or residential), or in the field of water supplies at a municipal

18 Ex. 1006, Weishuhn Decl. ¶ 28.


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water supply.20 Petitioner refers to a person with such skill as an “Ordinary Arti-

san.”

D. The Scope and Content of the Prior Art.

1. Generally.

In the early 1900s, engineers discovered that adding chlorine to water killed

disease-causing microorganisms. Since then, liquid and gas chlorine has been the

most-common disinfectant used in the treatment of water supplies and sewage.21

Wallace & Tiernan Co. of New Jersey was one of the first companies to design

a chlorinator for a municipal water system. In 1913, Wallace & Tiernan installed a

Venturi-based chlorinator at a water supply plant in which chlorine gas was intro-

duced using an injector and a diffuser submerged below the water level.22 By the

1930s, Wallace & Tiernan also built chlorinators for small water supplies and

swimming pools.23

2. Proper Dosing.

As chlorine use became more prominent, the industry paid more attention to the





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amount of chlorine used in given applications and under certain conditions. Any

water-purification application needs to ensure that a sufficient amount of chlorine

is delivered to effectively treat the water supply or sewage.24

But over-chlorination should be avoided as well. High chlorine residuals have

long been known to be damaging to the environment. More recently, high chlorine

residuals have been linked to the formation of carcinogenic compounds and muta-

gens.25

There are two general methods of feeding the amount of disinfectant in a treat-

ment system: constant feed rate systems and proportional feed rate systems. Con-

stant feed rate systems dispense disinfectant in an amount independent of the

amount of water to be treated. Proportional feed rate systems dispense disinfectant

in amounts that are proportional to the amount of water to be treated.

a. Constant Feed Rate Systems.

Constant feed rate systems introduce of disinfectant into the treatment plant at a

fixed rate either continuously or over a certain period of time. Metering pumps, for

example, have been used in chlorine application since at least as early as the 1920s,

when Wallace & Tiernan began making diaphragm metering pumps for dispensing



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liquid hypochlorite into small water supplies and swimming pools. Wallace &

Tiernan also made larger plunger metering pumps for industrial application.26

As another example, in the 1920s, Wallace & Tiernan developed the Chloro-

Clock, a device for metering small amounts of chlorine to swimming pools and

other applications. The device operated by adjusting the rate of descent of an arm

from which a cylinder was suspended. As the arm descends, the cylinder drops into

a chamber containing water. This forced water from the chamber at a constant rate,

causing chlorine solution to be drawn out from a connected container through an

injector. The feed rate could be adjusted to between 20 hours and 8 days by me-

chanically setting the descent rate of the arm.27

b. Proportional Feed Rate Systems.

In most applications, the wastewater flow rate varies significantly over time.

For example, aggregate wastewater flow from a residential neighborhood will tend

26 Ex. 1006, Weishuhn Decl. ¶ 35. See also Ex. 1010, History of Wallace & Tiernan

13; Ex. 1026, U.S. Patent 4,776,771 col.2 ll.25–27, ll.43–45 (issued Oct. 11, 1988)

(disclosing a metering pump design specifically for “metering aggressive media

such as chlorine bleaching solution”).

27 Ex. 1006, Weishuhn Decl. ¶ 36. See also Ex. 1014, The Sanitation of Swimming

Pools 9, Tech. Publ. No. 41, Wallace & Tiernan (circa 1931).

11 / 60

to be at its maximum in the morning or evening, when most people take showers

and use the bathroom either before leaving for work or before bed. Similarly, the

flow will be at a minimum in the middle of the night when most people are sleep-

ing.28

This presents a problem for constant feed rate systems because disinfectant flow

rates must be high enough to treat the maximum flow rates, but can result in over-

treatment when flow rates decrease below the system’s maximum flow rates. This

means disinfectant is wasted, resulting in increased costs. This also may result in

potential harmful effects not known to be caused by over-chlorination.29

Instead, the amount of disinfectant is preferably made proportional to the

amount of water or wastewater flowing through the system to be treated. Propor-

tional flow was used as early as 1913 by Wallace & Teirnan. At a customer’s re-

quest, the company designed a Venturi-operated automatic chlorinator that dis-

pensed the disinfectant at a rate proportional to the flow of water, which fluctuated

widely and rapidly.30



30 Ex. 1006, Weishuhn Decl. ¶ 39. See also Ex. 1010, The History of Wallace &

Tiernan 3; Ex. 1011, Warren T. Scott & LeRoy W. Van Kleeck, Chlorine Disinfec-

12 / 60

While using an injector connected to a disinfectant supply inherently provides a

proportional flow of disinfectant at the injector inlet, the flow rate can be further

“tuned” using a metering orifice, needle valve, or the like. For example, the 1913

Wallace & Tiernan installation included a variable orifice in the form of a control

valve.31

Lehr32 discloses another type of metering device used in a water supply system

(see Fig. 1). The system directs a portion of the water leaving the pressure tank up-

stream of the tank through an “aspirator feeder” with an inlet. The inlet is connect-

ed to a chlorine solution container with a chlorine suction line. A feed-adjusting

screw allows the operator to selectively change the size of the inlet, which allows

tion of Sewage, 6 Sewage Works J. 784, 794 (1934) (“Venturi-operated, automatic

chlorinators have proved to be practical means of proportioning the chlorine dos-

age.”)

31 Ex. 1006, Weishuhn Decl. ¶ 40. Ex. 1010, The History of Wallace & Tiernan 3;

Ex. 1006, Weishuhn Decl. ¶ 41 (describing U.S. Patent 2,929,393 for “an improved

flow-controlling or metering orifice”).

32 Ex. 1015, Jay H. Lehr et al., Domestic Water Treatment (McGraw-Hill 1980).

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the operator to vary the proportion of chlorine solution to water.33

Fig. 1: An aspirator feeder for disinfecting a water supply system using with a feed adjusting screw as shown in Lehr.

3. Mixing

When adding a disinfectant to water, mixing is a key factor in effectiveness.34

33 Ex. 1006, Weishuhn Decl. ¶ 42; Ex. 1015, Jay H. Lehr et al., Domestic Water

Treatment 144 (McGraw-Hill 1980).

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Mixing can be accomplished during the process of drawing the disinfectant into the

venturi chamber. For example, U.S. Patent 4,019,983 describes a “rapid and effi-

cient method for disinfection of waste liquid such as sewage effluent” by passing

the waste liquid through a “turbulent flow zone” of an injector (see Fig. 2).35

Fig. 2: A figure from U.S. Patent 4,019,983 Patent showing the turbulent flow zone within the injector.

Similarly, Longley describes “[a]n in-line contactor adapted to bring about in-

timate contact between a disinfectant and a wastewater stream.”36 The contact in-

cludes an input section with a converging nozzle that feeds into a mixing pipe. A

vacuum created by wastewater flow through the nozzle draws disinfectant from a

34 Ex. 1006, Weishuhn Decl. ¶ 43; see also Ex. 1016, Alternative Disinfectant and

Oxidants Guidance Manual 2–35, EPA Office of Water (Apr. 1999).

35 Ex. 1024, U.S. Patent 4,019,983 abstract.

36 Ex. 1003, ’833 Patent abstract.

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supply where “it is thoroughly intermingled with the turbulent stream”37 (see Fig. 5

below).

E. Summary.

The following were well-known in the art on February 19, 2002:38

• introducing chlorine (liquid and gas) into a water stream or body of

water (a municipal water, supply, a supply holding tank, wastewater,

etc.) for disinfection;

• the importance of good mixing when disinfecting a body of water or

water stream;

• effectively mixing disinfectant by creating turbulence, both within an

injector and within a tank;

• controlling the amount of disinfectant to a desired level using meter-

ing pumps, injectors, adjustment screws, and metering orifices;

• providing an uninterrupted supply of chlorine or other disinfectant to

be mixed into the water to be treated; and

• returning a portion of effluent pumped through a discharge pipe to a

septic tank incident to regulating the pressure at which effluent is de-

37 Ex. 1003, ’833 Patent abstract.


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livered to a sprinkler.

IV. Construction of Certain Terms of the Challenged Claims.

The Challenged Claims should be given their broadest reasonable interpreta-

tion.39 Therefore, the preambles of the Claims 7, 14, 22, and 24 should not be con-

strued as limiting because the Patentee defined a structurally-complete invention in

the claim body and used the preamble only to state a purpose or intended use for

the invention.40 In addition, the following claim terms and phrases should be con-

strued:

• “Metering” a fluid means to give a measured amount or controlled

flow of the fluid.41

• “In communication with” or “in fluid communication with” means

“connected to.”42

• “Constant” means “continuous” or “without interruption.”43 39 37 C.F.R. § 42.100(b).

40 Catalina Marketing Int’l, Inc. v. Coolsavings.com, Inc., 289 F.3d 801, 808 (Fed.

Cir. 2002).




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These constructions are applied in the Claim Charts 1–4 below.

V. Grounds for Unpatentability.

A. Ground 1: Anticipation of the Challenged Claims by Braden.

As shown in Fig. 3, Braden describes limiting the amount of liquid disinfectant

dispensed into the effluent tank during any pump-on interval. Structurally, Braden

describes a pump (17) connected to a discharge pipe (18), a recirculation pipe (12),

a venturi (20), and a chlorinator (11). A supply line (21) connects the venturi (20)

with the chlorinator (11).

Fig. 3: Braden's system showing the chlorinator (11) connected to the venturi (20) within the recirculation pipe (12). Red annotations show where limitations of the Challenged Claims are present.

18 / 60

As shown in Fig. 4, the chlorinator (11) includes a tank (25) and a buoyant con-

tainer (30) within the tank. A check valve (40) is disposed through the wall of the

container (30) to allow disinfectant flow from the tank (25) into the container when

the pump is not activated and inhibit flow when during the pump-on interval.

Fig. 4: Braden's chlorinator (11) showing internal container (30) and the check valve (40), which allows or inhibits fluid flow into the container (40) from the outer tank (25) depending on whether the pump is activated. Red annotations show where limitations of the Challenged Claims are present.

19 / 60

When activated, the pump (17) causes flow through the pipe (12) and venturi

(20), which pulls disinfectant from the container into the effluent tank (16). After

the pump (17) deactivates, the check valve (40) opens to allow the container (30)

to refill with the disinfectant from the surrounding tank (25). Because of the check

valve (40), the volume of disinfectant dispensed during any pump-on interval is

limited to no more than the amount the container (30) holds at the time the pump

(17) is activated.

During prosecution, the Patentee’s most-significant hurdle to patentability was

Braden. Ultimately, the Patentee successfully argued that Braden doesn’t teach

three functional limitations that involve elements of time: (1) a chlorine supply

tube having an end in constant fluid communication with substantially the entire

contained chlorine supply within the chlorine supply canister; (2) chlorine being

continuously drawn from the supply canister and into the recirculation pipe during

a period of effluent recirculation; and (3) that the volume of chlorine drawn from

the canister during a period of continuous recirculation varies with the duration

period of continuous recirculation.44

But as shown in Claim Chart 1, Braden does disclose these limitations. First,

Braden teaches an end of a supply tube (42) having a fluid opening (34) within the

44 Ex. 1007, File Wrapper 1.

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contained chlorine supply within the container (30). Second, Braden teaches that

chlorine is drawn from the inner canister (30), usually until the supply contained

within the inner canister is exhausted.

Finally, because Braden teaches that chlorine is drawn from the inner canister

(30), the volume of chlorine dispensed varies during that period—i.e., from the

start of pumping until the inner canister is exhausted. It may be a short period—

Braden teaches preferably under a minute—but it’s still a period during which the

amount of chlorine drawn varies.45 The examiner recognized as much during pros-

ecution.46 And while Braden may exhaust its chlorine supply more quickly than the

45 Ex. 1006, Weishuhn Decl. at 38 (“During the period starting with when flow of

effluent first passes through the venturi vacuum pump to create a suction (e.g.,

shortly after the pump is activated) and ending when the volume of sewage effluent

stops flowing through the pump, the vacuum pump draws disinfectant from the

container unless the container 30 is exhausted. Thus, at least until the disinfectant

within the container 30 is exhausted the volume of chlorine is changing, or vary-

ing.”); id .at 42 (“Thus, the end 34 is connected to the chlorine supply within con-

tainer 30 until the supply is exhausted.”).

46 Ex. 1007, File Wrapper 3 (“The volume will be continuously supplied until it is

exhausted” (quoting the Office Action)).

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’912 Patent teaches under normal operating conditions, that’s simply because of

the size of the respective supply containers, which isn’t a limitation of the Chal-

lenged Claims.

The Patentee, however, argued that the examiner should consider the volume of

chlorine within Braden’s entire chlorinator (11) rather than just the inner container

(30).47 But that’s not what the Patentee claimed, and the additional structure of the

outer tank (25) holding additional chlorine to “replenish” the inner canister (30) is

irrelevant. Put another way, the Challenged Claims do nothing more that remove

elements disclosed in Braden to arrive at the invention—specifically the outer tank

(25) and the check valve (40).

Claim Chart 1:48 Anticipation of Challenged Claims Based on Braden

Claim 7 Location in Braden (Ex. 1002)

A wastewater treatment system for septic systems, comprising: [not limiting]

a storage-mixing tank having an inlet for receiving sewage effluent from a source;

“Pump tank 16 provides storage for wastewater 15 prior to being pumped by pump 17 to the sprinkler system.” Col.3 l.11.

a pump located within said 47 Ex. 1007, File Wrapper 4 (arguing that “chlorinator 11 [rather than container 30]

ceases to supply additional disinfectant fluid”).

48 Ex. 1006, Weishuhn Decl. ¶ 77 (Claim Chart 1).

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storage-mixing tank and having an inlet opening and a pump discharge in said storage-mixing tank;

The inlet into the tank is inherent. Fig.2 shows item (17) within tank (16). Ex. 1006, Weishuhn Decl. at 34. “Return of treated wastewater into the pump tank creates a turbulent area within the treated wastewater in the pump tank. Disin-fectant is dispensed into this turbulent area where it mixes with the waste water in the pump tank.” Col.2 ll.25–30.

a recirculation pipe within said storage-mixing tank receiving sewage effluent from said pump discharge and having a terminal end located within said storage-mixing tank and defining a recirculation dis-charge opening;

“[T]he chlorinator 11 is in functional attachment to flow return line 12 of pump line 13 and, while in use, disburses a uniform volume of dis-infectant fluid 14 through disinfectant fluid line 21, into flow return line 12 to be mixed with return wastewater 22 and ultimately with wastewater 15 . . . .” Col.3 ll.6–11.

a chlorine supply canister hav-ing an internal volume adapted to contain a supply of chlorine;

“Chlorinator 11 . . . includes container 30.” Col.4 l.13. “At least one disinfectant fluid line opening 34 is provided . . . near internal bottom 39 of container 30 to allow volume 30 of disin-fectant fluid 14 to be drawn from container.” Col.4 ll.49–52.

a venturi chamber [connected to] said recirculation pipe;

“[T]he disinfectant connection 20 is a flow-powered venturi vacuum pump 200 located in flow return line 12.” Col.3 ll.38–40.

a chlorine supply tube having a first end and a second end, said tube first end [connected to] said venturi chamber and said tube second end [connected

“When return wastewater 22 flows through flow return line 12 disinfectant fluid 14 comes from chlorinator 11 through disinfectant fluid line 21 at disinfectant connection 20.” Col.3 ll.22–27. Braden fig.2 shows the fluid line (21) with

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without interruption to] sub-stantially the entire contained chlorine supply in said internal volume of said chlorine supply canister,

an end connected to disinfectant connection (20),

Braden figs.3A & 3B show a second end (34) of the line (21) within the container (30) and in contact with the disinfectant volume (23).

wherein as recirculating pumped sewage effluent flows through said venturi chamber, chlorine from said internal vol-ume of said supply canister is continuously drawn into said venturi chamber and into said recirculation pipe.

“[W]hen the operation of pump 17 begins disin-fectant fluid 14 is withdrawn from chlorinator 11. . . . [T]he flow-powered venturi vacuum pump 200 draws the entire volume 23 of dis-infectant fluid 14 into the wastewater 15 . . . .” Col.3 ll.51–56. “At all times during operation of pump 17 some portion of wastewater 15 is diverted by pressure relief value 19 to flow re-turn line 12 as return wastewater 22. When re-turn wastewater 22 flows through flow return line 12 disinfectant fluid 14 comes from chlo-rinator 11 through disinfectant fluid line 21 at disinfectant connection 20.” Col.3 ll.22–27.

Claim 14 (depends from Claim 7) Location in Braden

said chlorine supply canister being located in or adjacent to said storage-mixing tank and being accessible for service and refilling.

Figs. 3A & 3B show the chlorine supply canister 30 located within a container 27, which is with-in an external container 25 of the chlorinator 11. Fig. 2 shows the chlorinator 11 located adjacent to the tank 16.

“[Disinfectant] Volume 23 is replenished after operation of pump 17 ceases and check valve 40 opens.” Col.3 ll.55–56.

Claim 20 Location in Braden

A method for treating sewage effluent in a storage tank con-

“Pump tank 16 provides storage for wastewater 15 prior to being pumped by pump

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taining a recirculation pipe and a pump connected to a dis-charge pipe and the recircula-tion pipe, the method compris-ing the steps of:

17 to the sprinkler system.” Col.3 l.11.

“[T]he chlorinator 11 is in functional attachment to flow return line 12 of pump line 13 and, while in use, disburses a uniform volume of dis-infectant fluid 14 through disinfectant fluid line 21, into flow return line 12 to be mixed with return wastewater 22 and ultimately with wastewater 15 . . . .” Col.3 ll.6–11.

pumping sewage effluent through the recirculation pipe [connected to] the discharge pipe, the recirculation pipe hav-ing a discharge opening within the storage tank;

“Pump 17 transmits wastewater 15 at a pres-sure significantly higher than necessary for sprinkler system 18. A pressure relief valve 19 in pump line 13 releases a sufficient volume of wastewater 15 into flow return line 12 to pre-vent damage to sprinkler system 18 due to ex-cessive pressure. . . . At all times during opera-tion of pump 17 some portion of wastewater 15 is diverted by pressure relief value 19 to flow return line 12 as return wastewater 22.” Col.3 ll.13–24. See also fig.2 items 17, 13, 19, 12 (re-circulation pipe).

pumping sewage effluent through a venturi chamber [connected to] the recirculation pipe and developing a suction to continuously draw chlorine from a chlorine supply canister into the venturi chamber and into the recirculation pipe,

“[W]hen the operation of pump 17 begins disin-fectant fluid 14 is withdrawn from chlorinator 11. The flow-powered venturi vacuum pump 200 draws the entire volume 23 of disinfectant fluid 14 into the wastewater 15 . . . .” Col.3 ll.49–53.

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the volume of chlorine drawn from the chlorine supply canis-ter during a period of continu-ous sewage effluent recircula-tion varies with the duration period of continuous sewage effluent recirculation; and

discharging sewage effluent and chlorine from the recircula-tion pipe into the storage tank at a velocity creating turbu-lence and sewage effluent and chlorine mixing within the storage tank.

“Disinfectant fluid 14 enters the return wastewater 22, which returns to pump tank 16, and mixes back into the balance of wastewater 15. Disinfectant fluid 14 is thereby mixed with wastewater 15 in pump tank 16 during the oper-ation of pump 17. In a typical system, the pump 17 produces substantially more pressure than the maximum pressure of the sprinkler system 18, so the return wastewater 22 pressure is also substantial, creating turbulence in the pump tank 16 upon its return to the wastewater 15.” Col.3 ll.28–36. “Return of treated wastewater into the pump tank creates a turbulent area within the treated wastewater in the pump tank. Disinfectant is dispensed into this turbulent area where it mixes with the waste water in the pump tank.” Col.2 ll.25–30.


[measuring or controlling the flow of] the chlorine volume drawn into the venturi chamber during the pumping of sewage effluent through the venturi

“[T]he flow-powered venturi vacuum pump 200 draws the entire volume 23 of disinfectant fluid 14 into the wastewater 15 . . . . Once volume 23 is disbursed, chlorinator 11 ceases to supply additional disinfectant fluid 14 and instead supplies air, which is drawn from container

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chamber. 30. Volume 23 is replenished after operation of pump 17 ceases and check valve 40 opens.” Col.2 ll.50–56.

Claim 22 Location in Braden

A wastewater treatment system for septic systems, comprising:

[not limiting]


“Pump tank 16 provides storage for wastewater 15 prior to being pumped by pump 17 to the sprinkler system 18.” Col.3 l.11. “Re-turn of treated wastewater into the pump tank creates a turbulent area within the treated wastewater in the pump tank. Disinfectant is dispensed into this turbulent area where it mixes with the waste water in the pump tank.” Col.2 ll.25–30. The inlet into the tank is inherent. Fig.2 shows item (17) within tank (16). Ex. 1006, Weishuhn Decl. at 3.

a pump having an inlet opening into said storage-mixing tank and having a pump discharge;

a recirculation pipe receiving sewage effluent from said pump discharge and having a terminal end located within said storage-mixing tank and defining a recirculation dis-charge opening;

“[T]he chlorinator 11 is in functional attachment to flow return line 12 of pump line 13 and, while in use, disburses a uniform volume of dis-infectant fluid 14 through disinfectant fluid line 21, into flow return line 12 to be mixed with return wastewater 22 and ultimate with wastewater 15 . . . .” Col.3 ll.6–11.

a chlorine supply canister hav-ing an internal volume adapted to contain a chlorine supply;

“Chlorinator 11 . . . includes container 30.” Col.4 l.13. “At least one disinfectant fluid line opening 34 is provided . . . near internal bottom 39 of container 30 to allow volume 30 of disin-fectant fluid 14 to be drawn from container.” Col.4 ll.49–52.

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a venturi chamber [connected to] said recirculation pipe and [connected to] the chlorine supply in said internal volume of said chlorine supply canister;

“[T]he disinfectant connection 20 is a flow-powered venturi vacuum pump 200 located in flow return line 12.” Col.3 ll.39–40.

a chlorine supply tube inter-connecting said venturi cham-ber with said internal volume of said chlorine supply canister, said chlorine supply tube in-cluding an open end portion [connected without interruption to] substantially the entire amount of chlorine supply within said chlorine supply canister,

“When return wastewater 22 flows through flow return line 12 disinfectant fluid 14 comes from chlorinator 11 through disinfectant fluid line 21 at disinfectant connection 20.” Col.3 ll.22–27. Braden fig.2 shows the fluid line (21) with an end connected to disinfectant connection (20),

Braden figs.3A & 3B show a second end (34) of the line (21) within the container (30) and in contact with the disinfectant volume (23).

wherein pumped sewage efflu-ent flowing through said ven-turi chamber creates a suction continuously drawing chlorine from said chlorine supply can-ister and continuously discharg-ing chlorine into the pumped sewage effluent flowing down-stream through said venturi chamber.

“[W]hen the operation of pump 17 begins disin-fectant fluid 14 is withdrawn from chlorinator 11. . . . [T]he flow-powered venturi vacuum pump 200 draws the entire volume 23 of disin-fectant fluid 14 into the wastewater 15 . . . .” Col.3 ll.51–56. “At all times during operation of pump 17 some portion of wastewater 15 is diverted by pressure relief value 19 to flow re-turn line 12 as return wastewater 22. When re-turn wastewater 22 flows through flow return line 12 disinfectant fluid 14 comes from chlo-rinator 11 through disinfectant fluid line 21 at disinfectant connection 20.” Col.3 ll.22–27.


said chlorine supply tube is “When return wastewater 22 flows through flow

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[connected without interruption to] the chlorine supply in said internal volume of said chlorine supply canister.

return line 12 disinfectant fluid 14 comes from chlorinator 11 through disinfectant fluid line 21 at disinfectant connection 20.” Col.3 ll.22–27.

Braden fig.2 shows the fluid line (21) with an end connected to disinfectant connection (20), Braden figs.3A & 3B show a second end (34) of the line (21) within the container (30) and in contact with the disinfectant volume (23).

B. Ground 2: Obviousness of the Challenged Claims Based on Braden Combined With Longley

As noted in Part V supra, Petitioner disagrees with the examiner’s reasons for

allowing the Challenged Claims. But even then, these limitations are readily found

in prior art and it would obvious to combine the prior art with Braden to arrive at

the inventions of the Challenged Claims.

For purposes of this Ground, the Petitioner cites to Longley, which discloses an

in-line contactor for causing disinfectant contact with a wastewater stream.49 As

shown in Fig. 5 (below), an eductor is between an input section and an output sec-

tion and connected to a chlorinator (12). Wastewater is pumped into the mixing 49 Any number of other references would be equally applicable. See, e.g., Fig. 1 su-

pra. (showing a chlorine solution container connected to the aspirator); Ex. 1009,

Operations of Municipal Wastewater Treatment Plants 924 figure 26.2 (Water

Env’t Fed’n 5th ed. 1996).

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pipe causing the venturi effect at the inlet of the eductor, which draws chlorine

from the chlorinator (12) through a tube or pipe.50

Fig. 5: A figure from Longley showing the chlorinator (12) con-nected to the throat of an eductor.

It would have been obvious to combine Longley with Braden to arrive at the in-

ventions of the Challenged Claims. First, Longley is within the scope of the art, as

it relates to techniques for mixing a disinfectant with wastewater. Second, one of

ordinary skill would have combined the chlorinator taught by Longley with 50 Ex. 1003, ’833 Patent abstract; see also id. Col.3 ll.57–59 (aqueous or gaseous

molecular chlorine or other disinfectant is educed into and thoroughly intermingled

with the stream” (emphasis added)); Ex. 1006, Wieshuhn Decl. ¶ 80 (“Longley

teaches a chlorinator with a supply tube connected to an injector.”).

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Braden, with predictable results, so that chlorine is continuously supplied to

Braden’s effluent tank while the pump is activated. The only difference between

the inventions of the Challenged Claims and Braden / Longley is the lack of actual

combination of the elements in a single prior art reference. The elements merely

perform the same functions as they do separately, and an Ordinary Artisan would

have recognized that the results of the combination were predictable.51

Claim Chart 2:52 Obviousness of Challenged Claims Based on Braden + Longley

Claim 7 Location in Braden / Longley



a pump located within said stor-age-mixing tank and having an inlet opening and a pump dis-charge in said storage-mixing tank;

a recirculation pipe within said storage-mixing tank receiving sewage effluent from said pump discharge and having a terminal

Braden

See Claim Chart 1

51 Ex. 1006, Weishuhn Decl. ¶¶ 80–81.


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end located within said storage-mixing tank and defining a recir-culation discharge opening;

a chlorine supply canister having an internal volume adapted to contain a supply of chlorine;

a venturi chamber [connected to] said recirculation pipe;

a chlorine supply tube having a first end and a second end, said tube first end [connected to] said venturi chamber and said tube second end [connected without interruption to] substantially the entire contained chlorine supply in said internal volume of said chlorine supply canister,

Braden

“When return wastewater 22 flows through flow return line 12 disinfectant fluid 14 comes from chlorinator 11 through disinfectant flu-id line 21 at disinfectant connection 20.” Col.3 ll.22–27.


Longley

“Chlorinator 12 is coupled to throat 16 through a lateral port 18.” Col.5 ll.34–35. “Thus in operation, the wastewater stream to be disinfected is pumped through the successive stages of the inline contactor, the stream in the first stage being projected at high velocity from the nozzle to the inlet of the mixing pipe by

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way of the throat. Disinfectant from the chlo-rine supply coupled to the throat is educed into the mixing pipe and intermingled with the turbulent stream . . . .” Col.6 ll.16–22.

wherein as recirculating pumped sewage effluent flows through said venturi chamber, chlorine from said internal volume of said supply canister is continuously drawn into said venturi chamber and into said recirculation pipe.

Braden

“[W]hen the operation of pump 17 begins dis-infectant fluid 14 is withdrawn from chlorina-tor 11. . . . [T]he flow-powered venturi vacuum pump 200 draws the entire volume 23 of disin-fectant fluid 14 into the wastewater 15 . . . .” Col.3 ll.51–56. “At all times during operation of pump 17 some portion of wastewater 15 is diverted by pressure relief value 19 to flow re-turn line 12 as return wastewater 22. When re-turn wastewater 22 flows through flow return line 12 disinfectant fluid 14 comes from chlo-rinator 11 through disinfectant fluid line 21 at disinfectant connection 20.” Col.3 ll.22–27.

Longley

“Thus in operation, the wastewater stream to be disinfected is pumped through the successive stages of the inline contactor, the stream in the first stage being projected at high velocity from the nozzle to the inlet of the mixing pipe by way of the throat. Disinfectant from the chlo-rine supply coupled to the throat is educed into the mixing pipe and intermingled with the turbulent stream . . . .” Col.6 ll.16–22.

Claim 14 (depends from Claim 7) Location in Braden / Longley

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said chlorine supply canister be-ing located in or adjacent to said storage-mixing tank and being accessible for service and refill-ing.

Braden

See Claim Chart 1

Claim 20 Location in Braden / Longley

A method for treating sewage ef-fluent in a storage tank containing a recirculation pipe and a pump connected to a discharge pipe and the recirculation pipe, the method comprising the steps of:

pumping sewage effluent through the recirculation pipe [connected to] the discharge pipe, the recircu-lation pipe having a discharge opening within the storage tank;

pumping sewage effluent through a venturi chamber [connected to] the recirculation pipe and devel-oping a suction to continuously draw chlorine from a chlorine supply canister into the venturi chamber and into the recirculation pipe,

Braden

See Claim Chart 1

the volume of chlorine drawn from the chlorine supply canister during a period of continuous sewage effluent recirculation var-ies with the duration period of

Braden

“[W]hen the operation of pump 17 begins dis-infectant fluid 14 is withdrawn from chlorina-tor 11. The flow-powered venturi vacuum pump 200 draws the entire volume 23 of disin-

34 / 60

continuous sewage effluent recir-culation; and

fectant fluid 14 into the wastewater 15 . . . .” Col.3 ll.49–53. See also fig.2 item 20, 21; fig.5, item 200; figs.3A, 3B item 30

Longley

“Thus in operation, the wastewater stream to be disinfected is pumped through the successive stages of the inline contactor, the stream in the first stage being projected at high velocity from the nozzle to the inlet of the mixing pipe by way of the throat. Disinfectant from the chlo-rine supply coupled to the throat is educed into the mixing pipe and intermingled with the turbulent stream . . . .” Col.6 ll.16–22.

discharging sewage effluent and chlorine from the recirculation pipe into the storage tank at a ve-locity creating turbulence and sewage effluent and chlorine mix-ing within the storage tank.

Braden

See Claim Chart 1


[measuring or controlling the flow of] the chlorine volume drawn into the venturi chamber during the pumping of sewage ef-fluent through the venturi cham-ber.

Braden

“[T]he flow-powered venturi vacuum pump 200 draws the entire volume 23 of disinfectant fluid 14 into the wastewater 15 . . . . Once vol-ume 23 is disbursed, chlorinator 11 ceases to supply additional disinfectant fluid 14 and instead supplies air, which is drawn from container 30. Volume 23 is replenished after operation of pump 17 ceases and check valve

35 / 60

40 opens.” Col.2 ll.50–56.

Claim 22 Location in Braden / Longley A wastewater treatment system for septic systems, comprising:



a recirculation pipe receiving sewage effluent from said pump discharge and having a terminal end located within said storage-mixing tank and defining a recir-culation discharge opening;

a chlorine supply canister having an internal volume adapted to contain a chlorine supply;

a venturi chamber [connected to] said recirculation pipe and [con-nected to] the chlorine supply in said internal volume of said chlo-rine supply canister;

See Claim Chart 1

a chlorine supply tube intercon-necting said venturi chamber with said internal volume of said chlo-rine supply canister, said chlorine supply tube including an open end portion [connected without inter-ruption to] substantially the entire

Braden

“When return wastewater 22 flows through flow return line 12 disinfectant fluid 14 comes from chlorinator 11 through disinfectant flu-id line 21 at disinfectant connection 20.” Col.3 ll.22–27.

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amount of chlorine supply within said chlorine supply canister,


Longley

“Chlorinator 12 is coupled to throat 16 through a lateral port 18.” Col.5 ll.34–35.

wherein pumped sewage effluent flowing through said venturi chamber creates a suction contin-uously drawing chlorine from said chlorine supply canister and continuously discharging chlorine into the pumped sewage effluent flowing downstream through said venturi chamber.

Longley

“Thus in operation, the wastewater stream to be disinfected is pumped through the succes-sive stages of the inline contactor, the stream in the first stage being projected at high velocity from the nozzle to the inlet of the mixing pipe by way of the throat. Disinfectant from the chlorine supply coupled to the throat is educed into the mixing pipe and intermin-gled with the turbulent stream . . .” Col.6 ll.16–22.


said chlorine supply tube is [con- Longley

37 / 60

nected without interruption to] the chlorine supply in said internal volume of said chlorine supply canister.

“Chlorinator 12 is coupled to throat 16 through a lateral port 18.” Col.5 ll.34–35. “Thus in op-eration, the wastewater stream to be disinfected is pumped through the successive stages of the inline contactor, the stream in the first stage be-ing projected at high velocity from the nozzle to the inlet of the mixing pipe by way of the throat. Disinfectant from the chlorine supply coupled to the throat is educed into the mix-ing pipe and intermingled with the turbulent stream . . . .” Col.6 ll.16–22.

C. Ground 3: Obviousness of the Challenged Claims Based on U.S. Patent 5,266,216 (Agueda) Combined With Longley

Agueda teaches a system for purifying water using ozone. Agueda aims to as-

sure the most efficient purification of water within the tank by entraining ozone in-

to the water stream.53

Structurally, Agueda teaches an injector connected to pump within a holding

tank (7). An ozone generator (14) located outside the tank (7) is connected to the

inlet of the injector (20) with a line (24). The outlet of the venturi is connected to a

pipe 40 without outlets 42. When the pump is activated, water is displaced through

the injector creating a vacuum as it passes through the venturi section, causing

53 Ex. 1004, U.S. Patent 5,266,216 col.1 ll.7–13.

38 / 60

ozone to be drawn into the suction port and mixed with the water. The mixture is

then discharged back into the storage tank through nozzles.54 (See Fig. 6.)

Fig. 6: Annotated Figure from Agueda

As shown in Claim Chart 3, Agueda teaches all of the structure of the Chal-

lenged Claims except for (1) a container for holding a disinfectant and, more spe-

cifically, chlorine; (2) the use of chlorine with the embodiment; and the use of the

embodiment for treatment of wastewater.55 Agueda teaches a fluid line having ends 54 Ex. 1004, id. col.2 l.61 to col.3 l.4.


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in communication with the ozone generator (14) and the Venturi-type mixer (20).

Agueda also teaches a disinfectant supply line and that the volume of ozone drawn

from the ozone generator varies with the duration period of continuous sewage ef-

fluent, but does not, but does not teach drawing chlorine from a chlorine supply

canister into the Venturi-type mixer. Longley, however, teaches a chlorinator con-

nected to the injector with a fluid line.56

It would have been obvious for an Ordinary Artisan to combine Agueda with

Longley to arrive at the Challenged Claims. Specifically, an Ordinary Artisan could

have substituted the Longley chlorinator for the Agueda ozone generator, and the

chlorinator of Longley would have performed the same function—that is, chlorine

containment and connection to the mixer. This would have yielded the predictable

result of dispensing chlorine whenever effluent is being displaced through the ven-

turi section, regardless of the period during which the pump is displacing effluent,

until the disinfectant within the Longley container is exhausted.

The only difference between the inventions of the Challenged Claims and

Agueda / Longley is the lack of actual combination of the elements in a single prior

art reference. The elements of these references merely perform the same functions

as they do separately, and an Ordinary Artisan would have recognized that the re-


40 / 60

sults of the combination were predictable.57

Claim Chart 3:58 Obviousness Based on Agueda Combined With Longley

Claim 7 Location in Agueda / Longley


[not limiting]

a storage-mixing tank hav-ing an inlet for receiving sewage effluent from a source;

Agueda

“Untreated water from a well or other source is fed to tank 1 through inlet pipe 10.” Col.3 ll.19–21. “More particularly, the apparatus and process of this invention is directed to purifying water in holding or storage tanks fed from wells, springs, lakes, streams and the like.” Abst. “[M]ore rapid adjustment of the position of the ozone-containing gas within the tank [assures] the best mixing of the ozone-containing gas in the water and to maintain this mixing above the sediment at the bottom of the tank.” Col.2 ll.56–60.

a pump located within said storage-mixing tank and having an inlet opening and a pump discharge in said storage-mixing tank;

Agueda

“Water enters a plurality of orifices 34 evenly spaced in a ring around pump 22 adjacent the bottom of the pump and discharges through discharge 30” Col.3 ll.44–48.



41 / 60

a recirculation pipe within said storage-mixing tank receiving sewage effluent from said pump discharge and having a terminal end located within said stor-age-mixing tank and defin-ing a recirculation dis-charge opening;

Agueda

“Water . . . discharges through discharge 30 creating a vacuum as it passes through the venturi section 28 within mixer 20. The ozone-containing air stream that is drawn into suction port 26 is mixed with the water and flows to pipe 40 having a plurality of outlet nozzles 42 which serve as diffusers through which the ozonated bubbles of water enter the water stored in tank 1.” Col.3 ll.44–53.

a chlorine supply canister having an internal volume adapted to contain a sup-ply of chlorine; and

Longley

“Associated with contactor 11 is a disinfectant sup-ply 12 which, in practice, may be a chlorinator. Gaseous chlorine is generally added to water in con-trolled amounts through orifice flowmeters referred to as chlorinators.” Col.4 ll.50–55.

a venturi chamber [con-nected to] said recircula-tion pipe;

Agueda

“[A]ir is drawn . . . by means of the vacuum created by venturi-type mixer 20 in combination with sub-mersible pump 22.” Col.3 ll.25–28. “The ozone-containing gas passes . . . through line 24 . . . to aux-iliary pipe 26 of mixer 20.” Col.3 ll.37–41. “The ozone-containing air stream that is drawn into suc-tion port 26 is mixed with the water and flows to pipe 40 having a plurality of outlet nozzles 42 which serve as diffusers through which the ozonated bub-bles of water enter the water stored in tank 1.” Col.3 ll.48–53.

a chlorine supply tube Agueda

42 / 60

having a first end and a second end, said tube first end [connected to] said venturi chamber and said tube second end [connect-ed without interruption to] substantially the entire contained chlorine supply in said internal volume of said chlorine supply canis-ter,

“The ozone-containing gas passes from the ozone generator through line 24, which can preferably be flexible tubing . . . to auxiliary pipe 26 of [venturi-type] mixer 20.” Col.3 ll.25–28.

Longley

“Chlorinator 12 is coupled to throat 16 through a lateral port 18.” Col.5 ll.34–35. “Thus in operation, the wastewater stream to be disinfected is pumped through the successive stages of the inline contactor, the stream in the first stage being projected at high velocity from the nozzle to the inlet of the mixing pipe by way of the throat. Disinfectant from the chlorine supply coupled to the throat is educed into the mixing pipe and intermingled with the turbulent stream . . . .” Col.6 ll.16–22.

wherein as recirculating pumped sewage effluent flows through said venturi chamber, chlorine from said internal volume of said supply canister is con-tinuously drawn into said venturi chamber and into said recirculation pipe.

Agueda

“Water . . . discharges through discharge 30 creat-ing a vacuum as it passes through the venturi sec-tion 28 within mixer 20. The ozone-containing air stream that is drawn into suction port 26 is mixed with the water and flows to pipe 40 having a plurali-ty of outlet nozzles 42 which serve as diffusers through which the ozonated bubbles of water enter the water stored in tank 1.” Col.3 ll.44–54.

Longley

“Associated with contactor 11 is a disinfectant sup-ply 12 which, in practice, may be a chlorinator. Gas-eous chlorine is generally added to water in con-trolled amounts through orifice flowmeters referred

43 / 60

to as chlorinators.” Col.4 ll.50–55. “Chlorinator 12 is coupled to throat 16 through a lateral port 18.” Col.5 ll.34–35. “Disinfectant from the chlorine supply coupled to the throat is educed into the mixing pipe and intermingled with the turbulent stream.” Col.6 ll.20–23.

Claim 14 (depends from Claim 7) Location in Agueda / Longley

said chlorine supply canis-ter being located in or ad-jacent to said storage-mixing tank and being ac-cessible for service and refilling.

Agueda

“Ozone generator is mounted to sidewall 16 of tank 1.” Col.3 ll.21–22.


A method for treating sewage effluent in a stor-age tank containing a re-circulation pipe and a pump connected to a dis-charge pipe and the recir-culation pipe, the method comprising the steps of:

Agueda

“Untreated water from a well or other source is fed to tank 1.” Col.3 ll.18–20. “More particularly, the apparatus and process of this invention is di-rected to purifying water in holding or storage tanks fed from wells, springs, lakes, streams and the like.” Abst. “Water enters a plurality of orifices 34 evenly spaced in a ring around pump 22 adjacent the bottom of the pump and discharges through dis-charge 30.” Col.3 ll.44–48. “The ozone-containing air stream that is drawn into suction port 26 is mixed with the water and flows to pipe 40 having a plurali-ty of outlet nozzles 42 which serve as diffusers through which the ozonated bubbles of water en-

44 / 60

ter the water stored in tank 1.” Col.3 ll.48–53.

pumping sewage effluent through the recirculation pipe [connected to] the discharge pipe, the recir-culation pipe having a dis-charge opening within the storage tank;

Agueda

“Water enters a plurality of orifices 34 evenly spaced in a ring around pump 22 adjacent the bottom of the pump and discharges through discharge 30 creating a vacuum as it passes through the ven-turi section 28 within mixer 20. The ozone-containing air stream that is drawn into suction port 26 is mixed with the water and flows to pipe 40 having a plurality of outlet nozzles 42 which serve as diffusers through which the ozonated bubbles of wa-ter enter the water stored in tank 1.” Col.3 ll.44–54.

pumping sewage effluent through a venturi chamber [connected to] the recircu-lation pipe and developing a suction to continuously draw chlorine from a chlo-rine supply canister into the venturi chamber and into the recirculation pipe,

the volume of chlorine drawn from the chlorine supply canister during a period of continuous sew-age effluent recirculation varies with the duration period of continuous sew-age effluent recirculation; and

Agueda

“In the corona discharge generator, . . . air is drawn via into the input of generator 14 by means of the vacuum created by venturi-type mixer 20 in com-bination with submersible pump 22 serviced by electrical power chord 23. . . . Both generators are equipped with an electrical box (not shown) and a timer (not shown). The ozone-containing gas passes from the ozone generator through line 24, which can preferably be flexible tubing . . . to auxiliary pipe 26 of mixer 20.” Col.3 ll.24–41.

discharging sewage efflu- Agueda

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ent and chlorine from the recirculation pipe into the storage tank at a velocity creating turbulence and sewage effluent and chlo-rine mixing within the storage tank.

Agueda provides “more rapid adjustment of the posi-tion of the ozone-containing gas within the tank to assure the best mixing of the ozone-containing gas in the water and to maintain this mixing above the sediment at the bottom of the tank.” Col.2 ll.56–60. “The ozone-containing air stream that is drawn into suction port 26 is mixed with the water and flows to pipe 40 having a plurality of outlet nozzles 42 which serve as diffusers through which the ozo-nated bubbles of water enter the water stored in tank 1.” Col.3 ll.47–52.

Claim 21 (depends from Claim 20) Location in Agueda / Longley

[measuring or controlling the flow of] the chlorine volume drawn into the venturi chamber during the pumping of sewage efflu-ent through the venturi chamber.

Agueda

Agueda is “more efficient because the pump-injector means combination is designed to draw by vacuum just the amount of air into the ozone generator for the generation of the volume of ozone that is re-quired to disinfect and odorize the contaminants in the tank.” Col.2 ll.51–55.

Longley

“Associated with contactor 11 is a disinfectant sup-ply 12 which, in practice, may be a chlorinator. Gas-eous chlorine is generally added to water in con-trolled amounts through orifice flowmeters re-ferred to as chlorinators.” Col.4 ll.50–55.


A wastewater treatment system for septic systems,

[not limiting]

46 / 60

comprising:


Agueda

“Untreated water from a well or other source is fed to tank 1 through inlet pipe 10.” Col.3 ll.19–21. “More particularly, the apparatus and process of this invention is directed to purifying water in holding or storage tanks fed from wells, springs, lakes, streams and the like.” Abst. “[M]ore rapid adjustment of the position of the ozone-containing gas within the tank [assures] the best mixing of the ozone-containing gas in the water and to maintain this mixing above the sediment at the bottom of the tank.” Col.2 ll.56–60.


Agueda

“Water enters a plurality of orifices 34 evenly spaced in a ring around pump 22 adjacent the bot-tom of the pump and discharges through discharge 30” Col.3 ll.44–47.

a recirculation pipe receiv-ing sewage effluent from said pump discharge and having a terminal end lo-cated within said storage-mixing tank and defining a recirculation discharge opening;

Agueda

“Water enters a plurality of orifices 34 evenly spaced in a ring around pump 22 adjacent the bottom of the pump and discharges through discharge 30 creating a vacuum as it passes through the venturi section 28 within mixer 20. The ozone-containing air stream that is drawn into suction port 26 is mixed with the water and flows to pipe 40 having a plurality of outlet nozzles 42 which serve as diffusers through which the ozonated bubbles of water enter the wa-ter stored in tank 1.” Col.3 ll.44–52.

47 / 60

a chlorine supply canister having an internal volume adapted to contain a chlo-rine supply;

Longley


a venturi chamber [con-nected to] said recircula-tion pipe and [connected to] the chlorine supply in said internal volume of said chlorine supply canis-ter;

Agueda

“[A]ir is drawn . . . by means of the vacuum created by venturi-type mixer 20 in combination with sub-mersible pump 22.” Col.3 ll.25–28. “The ozone-containing gas passes . . . through line 24 . . . to aux-iliary pipe 26 of mixer 20.” Col.3 ll.37–41. “The ozone-containing air stream that is drawn into suc-tion port 26 is mixed with the water and flows to pipe 40 having a plurality of outlet nozzles 42 which serve as diffusers through which the ozonated bub-bles of water enter the water stored in tank 1.” Col.3 ll.48–53.

Longley

“Chlorinator 12 is coupled to throat 16 through a lateral port 18.” Col.5 ll.34–35. “Thus in operation, the wastewater stream to be disinfected is pumped through the successive stages of the inline contactor, the stream in the first stage being projected at high velocity from the nozzle to the inlet of the mixing pipe by way of the throat. Disinfectant from the chlorine supply coupled to the throat is educed into the mixing pipe and intermingled with the turbulent stream . . . .” Col.6 ll.16–22.

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a chlorine supply tube in-terconnecting said venturi chamber with said internal volume of said chlorine supply canister, said chlo-rine supply tube including an open end portion [con-nected without interrup-tion to] substantially the entire amount of chlorine supply within said chlorine supply canister,

Agueda

“The ozone-containing gas passes from the ozone generator through line 24, which can preferably be flexible tubing, such as Tygon tubing, to auxiliary pipe 26 of mixer 20.”

Longley

“Chlorinator 12 is coupled to throat 16 through a lat-eral port 18.” Col.5 ll.34–35. “Thus in operation, the wastewater stream to be disinfected is pumped through the successive stages of the inline contactor, the stream in the first stage being projected at high velocity from the nozzle to the inlet of the mixing pipe by way of the throat. Disinfectant from the chlorine supply coupled to the throat is educed into the mixing pipe and intermingled with the turbulent stream . . . .” Col.6 ll.16–22.

wherein pumped sewage effluent flowing through said venturi chamber cre-ates a suction continuously drawing chlorine from said chlorine supply canister and continuously discharg-ing chlorine into the pumped sewage effluent flowing downstream through said venturi chamber.

Agueda

“Water . . . discharges through discharge 30 creating a vacuum as it passes through the venturi section 28 within mixer 20. The ozone-containing air stream that is drawn into suction port 26 is mixed with the water and flows to pipe 40 having a plurality of out-let nozzles 42 which serve as diffusers through which the ozonated bubbles of water enter the water stored in tank 1.” Col.3 ll.44–54.

Claim 24 (depends from Claim 22)

Location in Agueda / Longley

49 / 60

said chlorine supply tube is [connected without in-terruption to] the chlorine supply in said internal volume of said chlorine supply canister.

Agueda

“The ozone-containing gas passes from the ozone generator through line 24, which can preferably be flexible tubing, such as Tygon tubing, to auxiliary pipe 26 of mixer 20.” Col.3 ll.37–40.

Longley

“Associated with contactor 11 is a disinfectant sup-ply 12 which, in practice, may be a chlorinator. Gas-eous chlorine is generally added to water in con-trolled amounts through orifice flowmeters referred to as chlorinators.” Col.4 ll.50–55. “Chlorinator 12 is coupled to throat 16 through a lateral port 18.” Col.5 ll.34–35. “Disinfectant from the chlorine supply coupled to the throat is educed into the mixing pipe and intermingled with the turbulent stream.” Col.6 ll.20–23.

D. Ground 4: Obviousness of the Challenged Claims Based on U.S. Patent 6,306,304 (Sweet) Combined With Longley

Sweet describes an aerobic treatment system and method that treats sewage ef-

fluent by injecting air into the effluent. This facilitates growth of aerobic bacteria

that digests biological material in the effluent.

As shown in Fig. 7 (below), Sweet teaches effluent flow into a holding tank

(10) and a smaller enclosed production tank (18) located in the holding tank. The

effluent is intermittently pumped through a venturi (24) and through directional

50 / 60

jets (30) and then mixes with the effluent to increase oxygen content.59

Fig. 7: Annotated figure from Sweet

As shown in Claim Chart 4, Sweet teaches all of the limitations of the Chal-

lenged Claims except drawing chlorine from a chlorine supply canister into the

venturi chamber and into the recirculation pipe and a tube having an ended con-

nected to a supply of chlorine.60 Longley, however, teaches these limitations.

An Ordinary Artisan could have substituted the Longley chlorinator into Sweet

59 Ex. 1005, ’304 Patent, col.2 ll.12–19.


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to treat the effluent with chlorine by connecting the chlorinator to the unattached

end of the air tube. This would yield the predictable result of dispensing chlorine

whenever effluent is being displaced through the venturi chamber by the pump, re-

gardless of the period during which the pump is displacing effluent, until the disin-

fectant within the container is exhausted. The only difference between the inven-

tions of the Challenged Claims and Sweet / Longley is the lack of actual combina-

tion of the elements in a single prior art reference. The elements merely perform

the same functions as they do separately, and an Ordinary Artisan would have rec-

ognized that the results of the combination were predictable.61

Claim Chart 4:62 Obviousness Based on Sweet Combined With Longley

Claim 7 Location in Sweet / Longley


[not limiting]


Sweet

“The holding tank 10 is shown enclosed at all sides and the bottom . . . . An inlet pipe 14 located near the top of the holding tank . . . carries the septic tank raw effluent into the holding tank.” Col.2 ll.47–53.



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“When the pump is activated by the timer, the pump forces the effluent through the venturi where it is ex-posed to oxygen and into a jet sprayer where which sprays oxygenated effluent into the effluent mate-rial present in the large tank.” Col.2 ll.8–11.

“[D]irectional jets are positioned to provide a circu-lar motion to the effluent being pumped into raw or treated effluent in the holding tank thereby thor-oughly mixing the pumped liquid effluent with the large body of raw and treated effluent in the holding tank.” Col.3 ll.18–25.

a pump located within said storage-mixing tank and having an inlet opening and a pump discharge in said storage-mixing tank;

Sweet

“Enclosed and secured to the bottom of the small tank 18 is effluent pump 22.” Col.3 ll.7–8; see Fig. 1 item 22. “A venturi 24 . . . is attached to the pump’s outlet 26.” Col.3 ll.12–13.

a recirculation pipe within said storage-mixing tank receiving sewage effluent from said pump discharge and having a terminal end located within said stor-age-mixing tank and defin-ing a recirculation dis-charge opening;

Sweet

“When the pump is activated by the timer, the pump forces the effluent the effluent through the venturi where it is exposed to oxygen and into a jet sprayer where which sprays oxygenated effluent into the effluent material present in the large tank.” Col.2 ll.8–11. “The aerated effluent mixture leaving the venturi passes through directional jets 30 into the . . . large body of raw effluent which has filled the hold-ing tank. The directional jets are positioned to pro-vide a circular motion to the effluent being pumped into raw or treated effluent in the holding tank thereby thoroughly mixing the pumped liquid ef-

53 / 60

fluent with the large body of raw and treated ef-fluent in the holding tank.” Col.3 ll.18–25.

a chlorine supply canister having an internal volume adapted to contain a sup-ply of chlorine; and

Longley


a venturi chamber [con-nected to] said recircula-tion pipe;

Sweet

“A venturi 24 . . . is attached to the pump’s outlet 26.” Col.3 ll.12–13.

“The aerated effluent mixture leaving the venturi passes through directional jets 30 into the . . . large body of raw effluent which has filled the holding tank.” Col.3 ll.18–25.

a chlorine supply tube having a first end and a second end, said tube first end [connected to] said venturi chamber and said tube second end [connect-ed without interruption to] substantially the entire contained chlorine supply in said internal volume of said chlorine supply canis-ter,

Sweet

“An air tube 28 extending downwardly from above the ground is attached to the venturi allowing air to be drawn into the ventori [sic].” Col.3 ll.14–16.

Longley


wherein as recirculating Sweet

54 / 60

pumped sewage effluent flows through said venturi chamber, chlorine from said internal volume of said supply canister is con-tinuously drawn into said venturi chamber and into said recirculation pipe.

“When the pump is activated by the timer, the pump forces the effluent through the venturi where it is exposed to oxygen and into a jet sprayer which sprays oxygenated effluent into the effluent material present in the large tank.” Col.2 ll.8–11.


Longley

“Associated with contactor 11 is a disinfectant sup-ply 12 which, in practice, may be a chlorinator. Gas-eous chlorine is generally added to water in con-trolled amounts through orifice flowmeters referred to as chlorinators.” Col.4 ll.50–55.

Claim 14 (depends from Claim 7) Location in Sweet / Longley

said chlorine supply canis-ter being located in or ad-jacent to said storage-mixing tank and being ac-cessible for service and refilling.

Longley

“Associated with contactor 11 is a disinfectant sup-ply 12 which, in practice, may be a chlorinator. Gas-eous chlorine is generally added to water in con-trolled amounts through orifice flowmeters referred to as chlorinators.” Col.4 ll.50–55.


A method for treating sewage effluent in a stor-age tank containing a re-circulation pipe and a pump connected to a dis-

Sweet

Fig. 1 shows a holding tank (10), a pipe terminated at directional jets (30), a pump (22) within the tank 10 and connected to the discharge pipe.

55 / 60

charge pipe and the recir-culation pipe, the method comprising the steps of:

pumping sewage effluent through the recirculation pipe [connected to] the discharge pipe, the recir-culation pipe having a dis-charge opening within the storage tank;

Sweet


pumping sewage effluent through a venturi chamber [connected to] the recircu-lation pipe and developing a suction to continuously draw chlorine from a chlo-rine supply canister into the venturi chamber and into the recirculation pipe,

Sweet

“A venturi 24 . . . attached to the pump's outlet 26 results in restricted venturi flow from the pump.” Col.3 ll.12–14.

“Whenever the predetermined minimum low level of aerated concentration occurs, the timer continuous-ly activates the effluent pumping system to raise the oxygen level in the effluent material to the de-sired aerated concentration.” Col.3 ll.49–52.

Longley


the volume of chlorine Sweet

56 / 60

drawn from the chlorine supply canister during a period of continuous sew-age effluent recirculation varies with the duration period of continuous sew-age effluent recirculation; and

“Whenever the predetermined minimum low level of aerated concentration occurs, the timer continuous-ly activates the effluent pumping system to raise the oxygen level in the effluent material to the de-sired aerated concentration; and likewise the timer continuously deactivates the pumping system when the predetermined desired aerated concentration oc-curs.” Col.3 ll.49–55.

discharging sewage efflu-ent and chlorine from the recirculation pipe into the storage tank at a velocity creating turbulence and sewage effluent and chlo-rine mixing within the storage tank.

Sweet

“An air line attached to the venturi mixes air with ef-fluent where it is jet sprayed in a circular motion into the effluent material in the holding tank.” Col.2 ll.12–14. “The directional jets are positioned to pro-vide a circular motion to the effluent being pumped into raw or treated effluent in the holding tank there-by thoroughly mixing the pumped liquid effluent with the large body of raw and treated effluent in the holding tank.” Col.3 ll.18–25.


[measuring or controlling the flow of] the chlorine volume drawn into the venturi chamber during the pumping of sewage efflu-ent through the venturi chamber.

Sweet

“Whenever the predetermined minimum low level of aerated concentration occurs, the timer continuous-ly activates the effluent pumping system to raise the oxygen level in the effluent material to the de-sired aerated concentration; and likewise the timer continuously deactivates the pumping system when the predetermined desired aerated concentration oc-curs.” Col.3 ll.49–55.

57 / 60

Longley

“Associated with contactor 11 is a disinfectant sup-ply 12 which, in practice, may be a chlorinator. Gas-eous chlorine is generally added to water in con-trolled amounts through orifice flowmeters re-ferred to as chlorinators.” Col.4 ll.50–55.



[not limiting]


Sweet

“The holding tank 10 is shown enclosed at all sides and the bottom . . . . An inlet pipe 14 located near the top of the holding tank is in communication with the discharge from the septic tank, not shown, which carries the septic tank raw effluent into the holding tank.” Col.2 ll.47–53. “When the pump is activated by the timer, the pump forces the effluent through the venturi where it is exposed to oxygen and into a jet sprayer where which sprays oxygenated effluent into the effluent material present in the large tank.” Col.2 ll.8–11. “[D]irectional jets are posi-tioned to provide a circular motion to the effluent being pumped into raw or treated effluent in the holding tank thereby thoroughly mixing the pumped liquid effluent with the large body of raw and treated effluent in the holding tank.” Col.3 ll.18–25.

a pump having an inlet Sweet

58 / 60

opening into said storage-mixing tank and having a pump discharge;

“Enclosed and secured to the bottom of the small tank 18 is effluent pump 22.” Col.3 ll.7–8; see Fig. 1 item 22. “A venturi 24 . . . is attached to the pump’s outlet 26.” Col.3 ll.12–13.

a recirculation pipe receiv-ing sewage effluent from said pump discharge and having a terminal end lo-cated within said storage-mixing tank and defining a recirculation discharge opening;

Sweet

“When the pump is activated by the timer, the pump forces the effluent the effluent through the venturi where it is exposed to oxygen and into a jet sprayer where which sprays oxygenated effluent into the effluent material present in the large tank.” Col.2 ll.8–11. “The aerated effluent mixture leaving the venturi passes through directional jets 30 into the . . . large body of raw effluent which has filled the hold-ing tank.” Col.3 ll.18–25.

a chlorine supply canister having an internal volume adapted to contain a chlo-rine supply;

Longley


a venturi chamber [con-nected to] said recircula-tion pipe and [connected to] the chlorine supply in said internal volume of said chlorine supply canis-ter; and

Sweet

“A venturi 24 . . . is attached to the pump’s outlet 26.” Col.3 ll.12–13. “An air tube 28 extending downwardly from above the ground is attached to the venturi allowing air to be drawn into the ventori [sic].” Col.3 ll.14–16.

Longley

59 / 60

“Chlorinator 12 is coupled to throat 16 through a lat-eral port 18.” Col.5 ll.34–35.

a chlorine supply tube in-terconnecting said venturi chamber with said internal volume of said chlorine supply canister, said chlo-rine supply tube including an open end portion [con-nected without interrup-tion to] substantially the entire amount of chlorine supply within said chlorine supply canister,

Sweet


Longley

“Chlorinator 12 is coupled to throat 16 through a lat-eral port 18.” Col.5 ll.34–35. “Thus in operation, the wastewater stream to be disinfected is pumped through the successive stages of the inline contactor, the stream in the first stage being projected at high velocity from the nozzle to the inlet of the mixing pipe by way of the throat. Disinfectant from the chlo-rine supply coupled to the throat is educed into the mixing pipe and intermingled with the turbulent stream . . .” Col.6 ll.16–22.

wherein pumped sewage effluent flowing through said venturi chamber cre-ates a suction continuously drawing chlorine from said chlorine supply canister and continuously discharg-ing chlorine into the pumped sewage effluent flowing downstream through said venturi chamber.

Sweet

“A timer controls and activates the operation of the pump. When the pump is activated by the timer, the pump forces the effluent through the venturi where it is exposed to oxygen and into a jet sprayer which sprays oxygenated effluent into the effluent material present in the large tank. An air line attached to the venturi mixes air with effluent where it is jet sprayed in a circular motion into the effluent mate-rial in the holding tank.” Col.2 ll.8–14.

60 / 60


said chlorine supply tube is [connected without in-terruption to] the chlorine supply in said internal volume of said chlorine supply canister.

Sweet


Longley

“Chlorinator 12 is coupled to throat 16 through a lateral port 18.” Col.5 ll.34–35. “Disinfectant from the chlorine supply coupled to the throat is educed into the mixing pipe and intermingled with the turbu-lent stream . . .” Col.6 ll.16–22.

VI. Conclusion

There is a reasonable likelihood that at least one of the Challenged Claims is

invalid on the grounds asserted in this petition. Accordingly, Petitioner respectfully

requests institution of inter partes review of the ’912 Patent and that the Chal-

lenged Claims be found invalid and unpatentable for the reasons stated above.

January 7, 2015 GUNN, LEE & CAVE, P.C. 300 Convent St., Suite 1080, San Antonio, TX 78205 T: (210) 886-9500 F: (210) 886-9883

/s/ mpaul Michael Paul, Reg. No. 59,896 [email protected] Attorneys for Petitioners

michael r. braden, petitioner · michael r. braden, petitioner, v. mark n. chaffin, patent owner...

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