Ex Parte Dick

Board of Patent Appeals and Interferences

Apr 14, 2009

11033732 (B.P.A.I. Apr. 14, 2009)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________________

Ex parte WAVEBOB LIMITED
____________________

Appeal 2008-6126
Application 11/033,732
Technology Center 3600
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Decided:1 April 14, 2009
____________________

Before JAMESON LEE, RICHARD TORCZON, and SALLY C.
MEDLEY, Administrative Patent Judges.

LEE, Administrative Patent Judge.

DECISION ON APPEAL

1 The two-month time period for filing an appeal or commencing a civil
action, as recited in 37 C.F.R. § 1.304, begins to run from the decided date
shown on this page of the decision. The time period does not run from the
Mail Date (paper delivery) or Notification Date (electronic delivery).
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Application 11/033,732

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A. STATEMENT OF THE CASE
This is a decision on appeal by the real party in interest, Wavebob
Limited (Wavebob), under 35 U.S.C. § 134(a) from a final rejection of
claims 12 and 14-24. We have jurisdiction under 35 U.S.C. § 6(b). We
reverse.

References Relied on by the Examiner
Berg 5,842,838 Dec. 1, 1998

The Rejections on Appeal
The Examiner rejected claims 12 and 14-24 under 35 U.S.C. § 102(b)
as anticipated by Berg.

The Invention
The invention relates to wave energy converter for generating energy
based on wave motion. (Spec. 1:2-6.)
Independent claim 12 is reproduced below (Claims App’x):
12. A point absorber wave energy conversion apparatus (1) for
harnessing energy from wave motion on the surface of a body of
liquid (2) and having dimensions small with respect to the wavelength
of the predominant wave, the apparatus comprising:

a) at least two devices (3, 4, 43, 44), a first device comprising a
surface float (5, 6, 43) and a second device comprising at least one
submerged body (9,10, 44) below the surface of the body of liquid,

b) linkages (12) between the at least two devices,

wherein the at least two devices are adapted to move relative to
one another in response to passing waves, and the relative movement
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between the at least two devices effects an energy transfer which is
harnessed by the linkages between the at least two devices, and
wherein the at least one submerged body comprises a compartment to
entrap volumes of the surrounding liquid within the at least one
submerged body or may alternatively or also in part entrap or contain
airspaces or buoyancy devices so as to adjust the natural frequency of
each combination of surface float and submerged body to enable a
tuning of the apparatus.
B. ISSUES
1. Has Wavebob shown that the Examiner erred in finding that
Berg discloses linkages located between a float and a submerged body that
operate to harness energy?
2. Has Wavebob shown that the Examiner erred in finding that
Berg discloses a compartment within a submerged body that entraps liquid
or air “so as to adjust the natural frequency of each combination of surface
float and submerged body to enable a tuning of the apparatus”?
C. FINDINGS OF FACT
1. Wavebob’s specification describes “power take-off linkages”
(Spec. 8:6) or hydraulic linkages 12 that are “typically of the type known in
the art as heave compensators or double acting actuators” and convert
relative movement of two devices into electricity (Spec. 11:25-29).
2. More generally, in the context of Wavebob’s specification, a
linkage that harnesses energy means one that collects power resulting from
the relative movements between two components. (Spec. 7:18-22; 11:19-
23.)
3. Wavebob’s specification further distinguishes its energy
harnessing or power take-off linkages from other links such as normally
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slack elastic links or chains that restrict excessive movement between the
components. (Spec. 8:6-10.)
4. Berg discloses a wave energy harvesting device 10 that
comprises a pump 16 and an optional output converter 18. (Berg 2:41-46.)
5. Pump 16 includes an upper float portion 26 and a lower
nominally stationary portion 38 that is a submerged in a body of water.
(Berg Figures 1 & 2.)
6. Berg’s Figure 2 is reproduced below:

Figure 2 shows a composite side view of pump 16. (Berg 2:22-27.)
7. Upper float portion 26 includes a “a generally discoid portion
42 having a flotation chamber 44, a water ballast tank 46 and a pressure
tank 48 contained therein.” (Berg 4:10-13.)
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8. Nominally stationary portion 38 includes a piston 68 and a plate
70 that provides “hydrodynamic resistance to upwardly and downwardly
directed forces arising from the motion of the float portion 26 of the
pump 16.” (Berg 5:14-19.)
9. Motion of float portion 26 with respect to nominally stationary
portion 38 is limited by flexible line 73 attached to the float at attachment
point 56 and to plate 70 at point 77. (Berg 5:26-29.)
10. Berg also discloses a pressure chamber 48 that receives water
under pressure due to the rising and falling of float portion 26 in response to
the motion of a wave. (Berg 6:1-12.)
11. The pressure chamber 48 includes an outlet nozzle 76 that
discharges a stream of water that may be directed to an output converter,
such as one that generates electricity. (Berg 6:12-19; 2:46-49.)
12. The pressure chamber is “contained” within float portion 26
and is not between the float portion and nominally stationary portion 38.
(Berg 4:12-13; Figure 2.)
13. Berg’s elements 54 and 72 are each disclosed as bumpers. In
particular (Berg 5:23-26):
The reciprocating motion of the piston 68 is limited at one extreme
when a bumper 54 is attached to the float portion 26 hits a cooperating
bumper 72 on the stationary portion 38.

14. Berg does not disclose either of bumpers 54 or 72 as a
compartment.
15. Chamber 74 is located above piston 68 within float portion 26
and does not form part of the submerged body. (Berg Figure 2.)
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D. PRINCIPLES OF LAW
To establish anticipation under 35 U.S.C. § 102, each and every
element in a claim, arranged as is recited in the claim, must be found in a
single prior art reference. Karsten Mfg Corp. v. Cleveland Golf Co., 242
F.3d 1376, 1383 (Fed. Cir. 2001).
While claim terms are given their broadest reasonable interpretation
during examination, that interpretation must be consistent with the
specification. In re Prater, 415 F.2d 1393, 1404 (CCPA 1969).
E. ANALYSIS
The Examiner rejected claims 12 and 14-24 as anticipated by Berg.
Wavebob first disputes that Berg satisfies the requirement in claim 12 of
“linkages (12) between the at least two devices” where “the at least two
devices are adapted to move relative to one another in response to passing
waves, and the relative movement between the at least two devices effects an
energy transfer which is harnessed by the linkages between the at least two
devices.” (App. Br. 7:3-8.)
The Examiner found that Berg’s elements 56, 73, and 77 satisfy those
limitations. (Ans. 3:13; 5:19-22.)
Berg discloses a wave energy harvesting device 10 that comprises a
pump 16 and an optional output converter 18. (Berg 2:41-46.) Pump 16
includes an upper float portion 26 and a lower nominally stationary portion
38 that is a submerged in a body of water. (Berg Figures 1 & 2.)

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Berg’s Figure 2 is reproduced below:

Figure 2 shows a composite side view of pump 16. (Berg 2:22-27.)
Upper float portion 26 includes a “a generally discoid portion 42
having a flotation chamber 44, a water ballast tank 46 and a pressure tank 48
contained therein.” (Berg 4:10-13.) Nominally stationary portion 38
includes a piston 68 and a plate 70 that provides “hydrodynamic resistance
to upwardly and downwardly directed forces arising from the motion of the
float portion 26 of the pump 16.” (Berg 5:14-19.) Motion of float portion 26
with respect to nominally stationary portion 38 is limited by flexible line 73
attached to the float portion at attachment point 56 and to plate 70 at point
77. (Berg 5:26-29.) Thus, flexible line 73 operates merely as a means of
limiting the extent that float portion 26 moves relative to plate 70 of
nominally stationary portion 38.
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The Examiner pointed to flexible line 73 and attachment points 56 and
70 as forming linkages. The Examiner stated that that the flexible line
harnesses energy from the motion of float 26 and nominally stationary
portion because “the float and the submerged body [nominally stationary
portion] are yoked together thereby tying together their energy/forces.”
(Ans. 5:21-22.) Evidently, the Examiner has broadly construed the claim
requirement of “an energy transfer which is harnessed by the linkages” as
including any connection that ties the surface float and the submerged body
together. While claim terms are given their broadest reasonable
interpretation during examination, that interpretation must be consistent with
the specification. In re Prater, 415 F.2d at 1404.
Wavebob’s specification describes “power take-off linkages” (Spec.
8:6) or hydraulic linkages 12 that are “typically of the type known in the art
as heave compensators or double acting actuators” that convert relative
movement of two devices into electricity (Spec. 11:25-29). More generally,
according to Wavebob’s specification, a linkage that harnesses energy
means one that collects power resulting from relative movements between
two components. (Spec. 7:18-22; 11:19-23.) Wavebob’s specification
further distinguishes its energy harnessing or power take-off linkages from
other links such as normally slack elastic links or chains that restrict
excessive movement between the components. (Spec. 8:6-10.)
Thus, in the context of Wavebob’s specification, rather than including
any type of connection, a linkage that harnesses energy can only mean one
that collects power. Given that meaning, the Examiner’s finding that Berg’s
flexible line 73 satisfies such a linkage is inconsistent with Wavebob’s
specification. Berg’s flexible line 73 is the same kind of item as Wavebob’s
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slack elastic link rather than a linkage that harnesses energy. The Examiner
does not explain how flexible line 73 harnesses any energy in the sense of
collecting power for use or storage.
We note that Berg does disclose a pressure chamber 48 that receives
water under pressure in response to the rising and falling of float portion 26
due to the motion of a wave. (Berg 6:1-12.) The pressure chamber 48
includes an outlet nozzle 76 that discharges a stream of water that may be
directed to an output converter, such as one that generates electricity. (Berg
6:12-19; 2:46-49.) However, even if the pressure chamber 48 is a linkage
that harnesses energy, that pressure chamber is “contained” within float
portion 26. (Berg 4:12-13; Figure 2.) Pressure chamber 48 does not satisfy
the requirement of a linkage that is located “between” the float and the
submerged body.
Wavebob also disputes that Berg satisfies the requirement in claim 12
that (Claims App’x):
the at least one submerged body comprises a compartment to entrap
volumes of the surrounding liquid within the at least one submerged
body or may alternatively or also in part entrap or contain airspaces or
buoyancy devices so as to adjust the natural frequency of each
combination of surface float and submerged body to enable a tuning
of the apparatus.

The Examiner found that that limitation is satisfied by Berg, stating
(Ans. 5:6-9):
Berg ‘838 shows a submerged body (38) comprising a compartment
(72), which in part entraps volumes of water and/or air spaces.
Specifically, as piston (68) advances further into chamber (74) the
compartment (72) moves closer to element (54) of the floating body,
thereby entrapping water an/or air spaces within element (54).

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Elements 54 and 72 are each disclosed in Berg as bumpers. In
particular, Berg states (Berg 5:23-26):
The reciprocating motion of the piston 68 is limited at one extreme
when a bumper 54 is attached to the float portion 26 hits a cooperating
bumper 72 on the stationary portion 38.

Thus, bumpers 54 and 72 cooperate to limit how close float portion 26
and stationary portion 38 can get to one another. As discussed above,
flexible line 73 limits how far those components can separate. (Berg 5:26-
29.) Berg does not disclose that bumpers 54 or 72 are compartments or that
they operate to entrap anything. The Examiner does not adequately explain
how either of those bumpers satisfies the requirement of a compartment
within the submerged body that entraps liquid or air “to adjust the natural
frequency of each combination of surface float and submerged body to
enable a tuning of the apparatus.” Moreover, even if the Examiner intended
to refer to Berg’s chamber 74 instead, that chamber also does not satisfy the
above-noted requirement. Chamber 74 is located above piston 68 within
float portion 26 and does not form part of the submerged body as required
by claim 12. (Berg Figure 2.)
To establish anticipation under 35 U.S.C. § 102, each and every
element in a claim, arranged as is recited in the claim, must be found in a
single prior art reference. Karsten Mfg. Corp., 242 F.3d at 1383. For the
foregoing reasons, Wavebob has shown that the Examiner erred in rejecting
claim 12 as anticipated by Berg.
We do not sustain the rejection of claims 12 under 35 U.S.C. § 102(b)
as anticipated by Berg. Claims 14-24 are each dependent, either directly or
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indirectly, on independent claim 12. We also do not sustain the anticipation
rejection of those claims.
F. CONCLUSION
1. We are persuaded by Wavebob that the Examiner erred in
finding that Berg discloses linkages located between a float and a submerged
body that operate to harness energy.
2. We are persuaded by Wavebob that the Examiner erred in
finding that Berg discloses a compartment within a submerged body that
entraps liquid or air “so as to adjust the natural frequency of each
combination of surface float and submerged body to enable a tuning of the
apparatus.”
G. ORDER
The Examiner rejection of claims 12 and 14-24 under 35 U.S.C.
§ 102(b) as anticipated by Berg is reversed.

REVERSED
ack

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