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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`TENNANT COMPANY,
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`Petitioner,
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`v.
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`OXYGENATOR WATER TECHNOLOGIES, INC.,
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`Patent Owner.
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`Case No. IPR2021-00625
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`Patent No. RE 45,415
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`PETITIONER’S REQUEST FOR ORAL ARGUMENT
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`Pursuant to the Board’s Scheduling Order dated August 20, 2021 (Paper 10),
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`IPR2021-00625
`Patent RE 45,415
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`Petitioner Tennant Company (“Tennant”) respectfully requests oral argument for
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`the trial currently scheduled on May 20, 2022. Pursuant to 37 C.F.R. § 42.70(a),
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`Tennant specifies the following issues to be argued:
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`1.
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`The proper construction of the following claim terms:
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`a.
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`b.
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`c.
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`d.
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`e.
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`f.
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`“Critical Distance;”
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`“Microbubble;”
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`“Nanobubble;”
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`“Supersaturated;”
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`“Flowing Water… Through an Electrolysis Emitter;”
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`“Water Temperature is a Factor for Formation of the
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`Suspension;” and
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`g.
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`Any other terms the Board believes would be helpful to
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`construe.
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`2.
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`3.
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`Anticipation of Claims 13, 18-23 and 25 by Wikey.
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`Obviousness of Claims 13, 18-23 and 25 over Wikey and AFD.
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`4. Motivation to combine features disclosed in AFD with the aquarium
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`water treatment apparatus disclosed in Wikey.
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`5.
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`Obviousness of Claims 13, 18-23, and 25 over Wikey and AFD in
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`View of the General Knowledge, Experience and Common Sense of a
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`2
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`IPR2021-00625
`Patent RE 45,415
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`Person of Ordinary Skill in the Art, as Reflected in Wendt, Han,
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`Glembotsky, and Burns.
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`6.
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`Obviousness of Claims 26 and 27 over Wikey and Clark.
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`7. Motivation to combine features disclosed in Clark with the aquarium
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`water treatment apparatus disclosed in Wikey.
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`8.
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`9.
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`Obviousness of Claims 26 and 27 over Wikey, Clark, and AFD.
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`Obviousness of Claims 26 and 27 over Wikey, Clark, and AFD in
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`View of the General Knowledge, Experience and Common Sense of a
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`Person of Ordinary Skill in the Art, as Reflected in Wendt, Han,
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`Glembotsky, and Burns.
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`10. Anticipation of Claims 13, 14, 17-23, and 25 by Davies.
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`11. Obviousness of Claims 13, 14, 17-23, and 25 over Davies and Hough.
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`12. Motivation to combine features disclosed in Hough with the
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`electrolytical water treatment apparatus disclosed in Davies.
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`13. Obviousness of Claims 13, 14, 17-23, and 25 over Davies and
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`Erickson.
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`14. Motivation to combine features disclosed in Erickson with the
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`electrolytical water treatment apparatus disclosed in Davies.
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`15. Obviousness of Claims 13, 14, 17-23, and 25 over Davies, Erickson,
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`and Hough.
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`3
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`IPR2021-00625
`Patent RE 45,415
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`16. Obviousness of Claims 13, 14, 17-23, and 25 over Davies and
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`Erickson in View of the General Knowledge, Experience and
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`Common Sense of a Person of Ordinary Skill in the Art, as Reflected
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`in Wendt, Han, Glembotsky, and Burns.
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`17. Obviousness of Claims 13, 14, 17-23, and 25 over Davies, Erickson,
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`and Hough in View of the General Knowledge, Experience and
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`Common Sense of a Person of Ordinary Skill in the Art, as Reflected
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`in Wendt, Han, Glembotsky, and Burns.
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`18. Obviousness of Claim 24 over Davies and Schoeberl.
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`19. Motivation to combine features disclosed in Schoeberl with the
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`electrolytical water treatment apparatus disclosed in Davies.
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`20. Obviousness of Claim 24 over Davies, Schoeberl, and Hough.
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`21. Obviousness of Claim 24 over Davies, Erickson, and Schoeberl.
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`22. Obviousness of Claim 24 over Davies, Erickson, Schoeberl, and
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`Hough.
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`23. Obviousness of Claim 24 over Davies, Erickson, and Schoeberl in
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`View of the General Knowledge, Experience and Common Sense of a
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`Person of Ordinary Skill in the Art, as Reflected in Wendt, Han,
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`Glembotsky, and Burns.
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`4
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`IPR2021-00625
`Patent RE 45,415
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`24. Obviousness of Claim 24 over Davies, Erickson, Schoeberl, and
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`Hough in View of the General Knowledge, Experience and Common
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`Sense of a Person of Ordinary Skill in the Art, as Reflected in Wendt,
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`Han, Glembotsky, and Burns.
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`25. Obviousness of Claims 26 and 27 over Davies and Peters.
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`26. Motivation to combine features disclosed in Peters with the
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`electrolytical water treatment apparatus disclosed in Davies.
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`27. Obviousness of Claims 26 and 27 over Davies, Peters, and Hough.
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`28. Obviousness of Claims 26 and 27 over Davies, Peters, and Erickson.
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`29. Obviousness of Claims 26 and 27 over Davies, Peters, Erickson, and
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`Hough.
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`30. Obviousness of Claims 26 and 27 over Davies, Peters, and Erickson in
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`View of the General Knowledge, Experience and Common Sense of a
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`Person of Ordinary Skill in the Art, as Reflected in Wendt, Han,
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`Glembotsky, and Burns.
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`31. Obviousness of Claims 26 and 27 over Davies, Peters, Erickson, and
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`Hough in View of the General Knowledge, Experience and Common
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`Sense of a Person of Ordinary Skill in the Art, as Reflected in Wendt,
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`Han, Glembotsky, and Burns.
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`5
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`IPR2021-00625
`Patent RE 45,415
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`32. Admissions made by Patent Owner’s expert, Dr. Ralph E. White,
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`during cross-examination, including the reliability and credibility of
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`Dr. White’s opinions.
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`33. Any issues specified by the Patent Owner in its Request for Oral
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`Argument.
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`34. Any additional issues on which the Board seeks clarification.
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`Petitioner respectfully proposes an allocation of one hour per side.
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`Furthermore, Petitioner requests the ability to use audio/visual equipment,
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`including a laptop HDMI connection, document camera (ELMO), camera for
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`viewing physical exhibits, projector(s), and screen(s), to display demonstratives
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`and exhibits at the oral hearing.
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`Dated: April 8, 2022
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`Respectfully submitted,
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`/s/ R. Scott Johnson
`R. Scott Johnson
`Reg. No. 45,792
`Fredrikson & Byron, P.A.
`111 East Grand Avenue, Suite 301
`Des Moines, IA 50309
`rsjohnson@fredlaw.com
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`Lead Counsel for Petitioner Tennant
`Company
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`IPR2021-00625
`Patent RE 45,415
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`CERTIFICATE OF SERVICE
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`Pursuant to 37 C.F.R. § 42.6(e) and the agreement of the parties, the
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`undersigned certifies that on April 8, 2022, a true and correct copy of the foregoing
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`was served via email on the following:
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`J. Derek Vandenburgh (Reg. No. 32,179)
`Carlson, Caspers, Vandenburgh, & Lindquist, P.A.
`Capella Tower, Suite 4200
`225 South Sixth Street
`Minneapolis, MN 55402
`dvandenburgh@carlsoncaspers.com
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`Aaron W. Pederson (Reg. No. 58,607)
`Carlson, Caspers, Vandenburgh, & Lindquist, P.A.
`Capella Tower, Suite 4200
`225 South Sixth Street
`Minneapolis, MN 55402
`OWT@carlsoncaspers.com
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`Nathan Louwagie (Reg. No. 70,075)
`Carlson, Caspers, Vandenburgh, & Lindquist, P.A.
`Capella Tower, Suite 4200
`225 South Sixth Street
`Minneapolis, MN 55402
`NLouwagie@carlsoncaspers.com
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`Todd S. Werner
`Carlson, Caspers, Vandenburgh, & Lindquist, P.A.
`Capella Tower, Suite 4200
`225 South Sixth Street
`Minneapolis, MN 55402
`twerner@carlsoncaspers.com
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`Larina Alton for Schwegman Lundberg & Woessner, P.A.
`Larina.Alton@maslon.com
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`7
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`IPR2021-00625
`Patent RE 45,415
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`Dated: April 8, 2022
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`By:
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`/s/ R. Scott Johnson
`R. Scott Johnson
`Reg. No. 45,792
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`8
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