the united states court of appeals for the federal circuit is now open and in session god save the united states and this honorable court by spread sleep incorporating its energy optimization teachings into its dual mode capable controllers and th all the boards findings to the contrary improperly rely upon optional non limiting teachings of the departed from this was one of those inputs as i understand it your position is that whether or not its system is ation or component that is pump system optimization you still with write that is correct your from this court finding a system wide optimization paragraph fifty one dollars also teaches optimizing performance characteristics which it defines to express li include energy usage attends a speech and nd your honors the chandos teachings on this topic show that math specifically on what this court said optimizing energy consumption requires from the hayward one decision we understand that the construction of reduction of energy consumed over time relative to the ultimate pumping function slash application is satisfied by a controller that's capable of doing two things st considering information from either other devices in the system matching the system's flow demands but also the further technique of optimizing across the complete range of operating boats based on the time spent in each mode consideration of the complete range of operating boats is a view of the ultimate application and of operation is a range of operation where the process equipment is making good product which paragraph eighteen teaches can be employed to control the pumping system so as to minimize power consumed by the system again considering a range where the system is still making good product to reduce energy consumption falls within this course construction and teaches optimize energy consumption and fifty eight of the ten to your honor's which teaches which illustrates the optimization aspect of the invention and specifically teaches optimizing one or more performance characteristics which are point based off of its consideration of performance characteristics information obtained from other devices in the system or sensors in the system again it's illustrating the optimization aspects of the invention adjusting the system and adjusting t optimizing at any level of system hierarchy so the board is simply incorrect at the chance it doesn't teach component optimization nd the board improperly limits optimization teaching also the board is contrary to what the board says we know exactly what the terms of optimizing at any given point in time because it is optimizing one or more performance characteristics which is the term it  of optimizing energy usage turning to the nd issue your honour's the board's improper reading of switching into the claim limitation there's three takeaways from this that i will address st the board's consideration of switching is simply outside of the mandate because it really opens the master slave issue and independent issues that were decided in the st case nd switching is simply not a requirement to play one and rd the chances controllers are capable of the switching if that were required so st your honour's the board may not really open the master slave an independent mode limitations decided in the hayward one case  the guise of switching but it did exactly this by finding specifically that nothing interesting to disclose the switching between these operating those based on whether the controller is connected to the ho to specifically consider the interrelation or legend in a relation of optimizing energy consumption and the master slave and independent vote limitations and this court denied that reconsideration so it was not proper for the and there appears to agree that claim one does not require automatic switching but what fails to consider is that any switching of modes that are switching is required it's taught by claim one this court found that the s of discloses to discrete relationships between the host computer and the individual controllers and it can employ those relationships alternatively or in combination which teaches that the controller in c one has the capability of switching should it be required and notably the information that that controller require understand our prior decision we said that descends disclose two things one the host computer controlling the pump system and alternatively a control meant where a controller had those capabilities ok so if that's the case then it seems to me that paragraph fifty one honor i think the more pertinent question now but i never was there before we get to your more pertinent question stick with mine for a moment well i don't believe that paragraph fifty one efficiency can be optimized at a system level or a component level or certain performance characteristics can be quote unquote optimized at a system level and one of those what we mean by by component but yes i would agree that a pump could be a component of the system and then isn't your argument the one although that teaching as it respects to the performance characteristics is that the performance characteristics can be optimized at a system level not at a component level so that would teach the on that limb much energy optimization as a characteristic to the system as opposed to a home when performing characteristics is preferred to utilization i'm having trouble with that it says invention and association with optimizing system and or component efficiency and i thought you agreed that a pump could be a component make the same statement with regard to the performance characteristics but what is really important here is that this court has given a construction of app to my ring energy consumption  combination meaning individually would be things like noise vibration energy use or efficiency you could optimize any one of those energy usage at the component level yes your honor you could optimize energy usage of the full system but even once we say that that is not optimizing energy consumption as is claimed and described and as this court construed for the five hundred and ninety seven because this court held that the specification explicitly requires consumption is not just reducing the amount of energy over time rather it is a reduction of energy consumed relative to the ultimate pumping application function and that is the primary lacking disclosure of dissent so along with that lack of disclosure of optimization of energy consumption when the controller i that may be optimized is insufficient because it doesn't teach a reduction of consumption relative to the pumping application and function it's it's not just a reduction of energy consumed must consider the interrelation of water movement associated with the various functions and or exhilarate devices in conserving energy descend so doesn't discuss any of that there's no overlapping water fl interrelated water movement for example relies very heavily on paragraph fifty nine here and in its brief and as we've laid out in our brief paragraph fifty nine is is directed to optimal up front equipment selection and at best teaches that running a variable speed motor at a slower speed uses less power than let's say a flow restrictor that's that the table one but again simply using less energy is not after my zinc energy consumption energy consumption and fact what you are does arguing here with regard to paragraph fifty nine dollars is nothing more than its prior rejected construction which was the use of a minimal amount of energy possible by continuously efficiency is not one of the characteristics that can be optimized with respect to the pump it says it says component efficiency can be optimized all but will be recognized for most characteristic of a motorized system may be optimized individually or in combination which performance characteristics include energy usage and says furthermore the aspects of the invention may be employed to provide after ms ation at a higher system level at the higher systems are talking about a different sense than i am yes your honor i agree with your honor but still there is no discussion contemplation or teaching of the interrelation water movement associated with v funny various functions nor is there is even if we talk about modes within the system taking it entirely out of water movement there is no teaching for example that you should pake  two modes at the same time that both require a high flow rate or a lot of energy from the motor because by running them both at the same time you will require less time for the teach how to optimize energy efficiency and that's the defect the board did not say that correct i'm trying to answer your question respectfully  consumption both when connected and independently when disconnected from the control system and fact there's no teaching or disclosure of any embodiment and which the controller operates independently to operate  energy consumption specifically when disclaimed when disconnected from the control system figure seventeen and paragraph one hundred and sixty clearly articulate that the host computer is connected  to the controller and and in fact mc one the fact that it can act independently doesn't mean it's disconnected those are two very different concepts and here suggests that even when the controllers act independently they're still connected to the host because it's still able to determine control points based on a permission from the host so obviously there must be a connection there  he would point to figure sixteen but figure sixteen is not a disconnected state it's a different embodiment in which there is no host computer whatsoever hayward didn't argue this to the board but even on the substance never being connected is not the same thing as disconnected and very importantly around r s figure sixteen is on a different network sun network sixteen o two then figure seventeen station aspect employed with respect to the controllers there's no mention of a host computer figure nine also doesn't teach disconnected and again he would didn't while it argues that now it didn't  sixty and you are you held that figure seventeen could have a controller that acted independently or as a slave but within all of that figure seventeen is always connected to the host computer you didn't address or make any ruling on what figure seventeen what would happen if it was ever disconnected from the host computer so that those those are two very different things and its reply at page ten that a person of our narrow skill would immediately see the combined ability of these figures now we disagree but even if that were true it misses the point critically you  anticipation when you have a missing element even if a person of ordinary skill in the art might immediately envisage that missing element as this court recently held quote kind of mental does not permit the board and mr chess not our is no still within her time or she she's about over seven minutes ok i think unless the further questions from the panel is now we're about out of the individual machine the cluster of machines the process on up and in paragraph fifty pages that the invention provides methods and systems for controlling a motorized system in order to achieve some point