IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Confirmation No.
`
`9255
`
`Appl. No.
`Applicant
`Filed
`TC/A.U.
`Examiner
`
`Docket No.
`Customer No.
`
`>
`:
`>
`:
`:
`
`:
`>
`
`18/073,035
`lan NUHN
`12/01/2022
`3617
`Stephen P. AVILA
`
`NUN-0007-US8
`59115
`
`Commissioner for Patents
`P.O. Box 1450
`Alexandria VA 22313-1450
`
`AMENDMENT/RESPONSE
`
`Sir:
`
`In response to the Office action of March 9, 2023, please consider the
`
`following amendment/response. Please amend the application as follows:
`
`Amendmentsto the Claimsare reflected in the listing of claims which begins on
`
`page 2 of this paper.
`
`Remarks/Arguments begin on page 16 of this paper.
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 1 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 1 of 19
`
`

`

`Appl. No. 18/073,035
`Amdt. dated September 7, 2023
`Reply to Office Action of March 9, 2023
`
`Amendmentsto the Claims:
`
`This listing of cla
`
`ims wi
`
`lor versions
`Il replace all pri
`
`, and |
`
`istings,
`
`of cla
`
`ims in the
`
`applica
`
`iont
`
`
`—rab)oOftaDotonshteethapes,iSendO=>4cchhTOEcapes
`=2.betOoY2—=a3}Saywe2)eoioD)Be;adish—.oObereae74|-OoOtOCWO2
`532BiOo8a°oCc2amoCHeGO=Aahetta=>Wnfac—‘—,*vapreZc5cd>vegestawatt
`
` L_bos.3n=t“eetOo<coyoOeaets2mEDDBohaL)ie33eatEc>QraacsoSoOFed‘°QooOofitOotwt<xD>“Hhmeh22¢Be£>‘oDBctca==eesgotoS<—iwotttoatyond
`
`igure
`
`atCh5noeeee75aswoetltaoy2Ke3oOhspataaa
`m=wthchee
`ro®QoSsc6©5
`ayaloOwDiSo,ot
`,i
`
`onthe
`
`:E
`
`teatte!
`
`reeIAQ @ASS
`XAANYet
`
`iqui
`
`d manure
`
`te3:
`>
`
`y
`
`oDQO
`
`
`
`Page 2 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 2 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 2 of 19
`
`
`
`
`
`
`
`

`

`Appl. No. 18/073,035
`Amdt. dated September 7, 2023
`Reply to Office Action of March 9, 2023
`
`a remote control structure configured to control the ground engaging propulsion
`yia
`
`@ flow of liquid manure through the fluid conduit, wherein the
`
`structure and-s
`
`yn
`
`oOQo
`
`oO
`
`=oO—oOcwOo
`
`oO=Oo
`
`coO=oO
`
`—oO
`
`oO<—
`
`remotely controllable by an operator remote from the ayy
`
`engaging and when the ars
`
`(
`
`Currently Amended)
`
`Do=oO=oOoOoOw
`
`oO=
`
`oO&—&oO=oO&s_£&oO
`
`inlet configured
`
`Sy
`AN
`4
`an
`
`vehicle is ground
`
`.sNEY33x
`
`vehicle is floatingis
`
`3.
`
`(Cancelled)
`
`4.
`
`(Currently Amended) The amshiis
`x
`according to claim-3
`
`22&®O>,
`
`pump.
`
`5.
`
`)
`
`Oo®TocoOE<x=Ssco——5O(
`ji
`
`according to claim-:
`
`, wherein the pump housing comprises a bottom Ss
`
`and at least two tangentialfluid outlets.
`
`6.
`
`according to claim 5
`
`(Currently Amended
`oOxS3
`
`)
`
`&oO—_
`
`8 tangential fluid
`
`outlets is equipped with a flexible connection t
`
`oO
`
`7.
`
`oO
`
`oOoO
`
`CcooO—_5O2TOSomOo
`
`—YDBs23Cc«2eex€oO>=>«CO
`
`®<=_ecrFoOSom
`
`oO
`
`oO®~~
`
`oO=www”
`
`oOSs
`
`35—@pa)Cc®oCc
`
`=o
`
`‘®=)>oO
`
`w“”Q
`
`oO
`
`®Som
`
`Page 3 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 3 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 3 of 19
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`Appl. No. 18/073,035
`Amdt. dated September 7, 2023
`Reply to Office Action of March 9, 2023
`
`connected to a combiner
`
`‘isconfigured to combine the Saw af
`
`
` »tangential fluid outlets into the fluid conduit.
`
`8.
`
`
`(Currently Amended) The =
`y
`
`according to claim-s_%, wherein the &
`> pump comprises a
`
`& impeller yitiin the pump
`
`
`mechanicaldrive shaft that drives a-s
`
`housing.
`
`9.
`
`(Currently Amended) The =
`vehicle
`
`
`according to claim 8, wherein the sss
`AS
`
`se through a bottom opening of
`liquid manure i
`
`
`the pump housing.
`
`10.
`
`(Cancelled)
`
`11.
`
`(Cancelled)
`
`12.
`
`(Cancelled)
`
`13.
`
`(Currently Amended) The &
`
`af the buoyant elements semasss
`according to claim-2_%, wherein_a
`
`
` s & foam filled buoyant ss
`
`14.
`
`
`(Currently Amended) The ay
`
`according to claim-?%_i, wherein the
`
`independently driven.
`
`15.
`
`
`(Currently Amended) The ary
`
`
`according to claim--$3_3, wherein the sss wheels are_
`
`independently driven at variable speeds.
`
`Page 4 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 4 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 4 of 19
`
`

`

`Appl. No. 18/073,035
`Amdt. dated September 7, 2023
`Reply to Office Action of March 9, 2023
`
`
`*y_vehicle
`
` 16. (Currently Amended) The ary:
`
`according to claim--%3_%, further comprising a steering structure configured to
`
`change direction of one or more of the wheels.
`
`17.
`
`(Cancelled)
`
`18.
`
`(Cancelled)
`
`19.
`
`(Currently Amended) The ar
`
`
`according to claim 1,
`
`
`further comprising an ¢
`
` ‘-thatis ¢ \configured to adjust an angle, relative to
`
`the Ssatasis vehicle body, at which the_ a! liquid manure is ejected from the
`
`fluid conduit.
`
`20.
`
`vehicle
`.
`(Currently Amended) The amis
`
`according to claim 1, wherein the fluid conduit is configured to direct &
`
`
`
`
`
`liquid manure through the air_s
`
`
`
`21.
`
`(Currently Amended) The ay
`
`*y_vehicle
`
`according to claim 1, wherein the fluid conduit comprises a terminal opening.
`
`22.
`
`(Currently Amended) The =
`
`vehicle
`
`according to claim 1, further comprising a hydraulic articulation cylinder *s=*
`
`ye an angle, relative to the Seataissvehicle body, at
` sf liquid manure is ejected from the fluid conduit.
`
`23.
`
`
`
`(Currently Amended) The & vehicle
`
`according to claim 22, wherein the hydraulic articulation cylinder is coupled to a
`
`four barlinkage.
`
`Page 5 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 5 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 5 of 19
`
`

`

`Appl. No. 18/073,035
`Amdt. dated September 7, 2023
`Reply to Office Action of March 9, 2023
`
`24.
`
`(Currently Amended) The
`
`oOw
`
`°£D&oD—9°Oo
`
`-£&Oo
`
`located along-8 i
`
`longitudinal centerline
`
`ayyas
`
`oOE
`
`22&o>©&£_oO2Oo
`
`25.
`
`(
`
`Currently Amended
`
`) An amphibiou
`
`wn
`
`comprising
`
`vehicle body
`
`4cbeeet4$
`
`oD)w
`
`oOoc3oL—
`
`o—52Oo5—Sonc223Qoo—a.>£&>w)cS
`
`y;
`acenter of gravity §
`
`Cc=©oSCcw~~Y)25“o
`
`oO&—
`
`oO=<&—
`
`oO33—w<>a)
`
`ca>TocOo
`
`oO<—
`
`oO=SDc©E3_)Ay
`
`a power source configured to provide power to both the ground engaging
`3
`propulsion structure and the liquid manure pump;
`
`and,
`
`a remote control structure configured to control the ground engaging propulsion
`
`Ze)cwoO==)aoO5=ia]wn
`
`s-flow of liquid manure through the fluid conduit, wherein the
`
`wn
`
`—oO=oOCcwOoooQO
`
`oO—Oo
`
`oO
`
`oOSs
`
`Cc
`
`—oO
`
`oOx=—
`
`Page 6 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 6 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 6 of 19
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`Appl. No. 18/073,035
`Amdt. dated September 7, 2023
`Reply to Office Action of March 9, 2023
`
`oO5op@>IDp>oD>oD=QO2De>2Ococ®OcPpOEOceECEg®5SDBxa&ooaoO=~Do=re}===DS=D)9w°Oo2OoooaOo=&D-OoTD-Oox-Oo-O>@-OococoocmMoOaoOOoOoo£oOOooO=oOa8NA@=ANCN8OSOoaOo
`gigs£88282528are6.39ESsEEEo&z=>>~S>og-c>OO=oO==&So=&=8=2wsSoOo
`222,522685°5CES§2Cc=5Sfr&£,=£2=2fr2&ee:£#-
`cZboOo=oSoOODDoOoD5GBOoZoogOEd%o£®a‘o=§oaOG&omaGoSF=,>oOccCc.CcufCcCc-2S©woOoOD6&6oOoiCViooWwW&
`
` €92QO£6DO7p5éE45=25oOg.7o=5or=5a)“”)zoD)oOwen.oO‘an%coO==_,®r<=~~oOaf—"atelywo=®Oa]=“o=>oSc©éo£8©a,2o&oowwo7<<c¢<j——CcEea‘FosF&&EF&FsFoo
`
`
`oOw”5TD>oeoe=weDS4=¢&Cc3©2:—&@ee2s=©£“as
`,2o.ie"&y2=ieo8:=5oh.=LoOQty>D>gx“E£t>52Bly
`Hore,wear\_55s-2258“cs=COan)©moov=roaaQ2oOoOotheno©&Do=©=-=oeO2s£22©=eo€£=<2a>=a?)®oOoOoOnMyca]>=e.D3egoOtH‘==S«Joeya.ogsB®;€“%BS&:niooO"t=:oth.az2.
`
`nlet of the pump housing.
`
`Page 7 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 7 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 7 of 19
`
`
`
`

`

`Appl. No. 18/073,035
`Amdt. dated September 7, 2023
`Reply to Office Action of March 9, 2023
`
`31.
`
`
`
`(Currently Amended) An amphibious ivehicle comprising:
`
`a floatable vehicle body comprisingafirst buoyant element onafirst side of the
`
` igvehicle body and a second buoyant element on a second side of the
`
` featanievehicle body;
`
`
`a ground engaging propulsion structure § 3g-a first front wheel, a
`
`secondfront wheel, a first rear wheel, and a second rear wheel, wSssess-the first
`
`front wheel and the first rear wheel are on the first side of the §gatshisvehicle
`
`
`body and the second front wheel and the second rear wheel are on the second
`side of the «the first buoyant element
`is
`
`;{between the first front wheel and the first rear wheel and the second
`
`
`between the second front wheel and the second rear
`
`
`buoyant element is {
`
`wheel;
`
`weag-liquid manure & ShannaHd
`
`a liquid manure pump configured to
`pump
`liquid manure
`the
`saneus,
`
`* a pump housing and an impeller in the pump housing,
`
`
` si the impeller is immersed in the liquid manure when the a
`
`
`si_vehicle is floating in the liquid manurest
`
`a power source configured to provide power to both the ground engaging
`
`propulsion structure and the liquid manure pump; and,
`
`& remote control structure configured to control the ground engaging propulsion
`
`structure andi
`4-tdiquid manure|
`Shotuc-cances, wherein
`
`the speed and/or direction of the a
`vehicle is remotely
`
`controllable by an operator remote from the =
`:vehicle
`when the & «vehicle is ground engaging and when the
`
`Page 8 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 8 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 8 of 19
`
`

`

`Appl. No. 18/073,035
`Amdt. dated September 7, 2023
`Reply to Office Action of March 9, 2023
`
`oO>
`
`aX22<=
`
`oO<—=oD=—®2—
`
`oO—SDc©&oo_)Ss
`
`32.
`
`(Currently Amended) An amphibious 9
`
`>
`
`ehicle comprising
`
`a floatable vehicle body
`
`Srey
`
`faggan vehicle and
`
`ze
`1£x
`
`:
`
`sis at least one
`
`>i
`
`oe
`
`i
`
`QO2Oo
`
`oOy)O°
`
`oO=o2Oo
`
`oOzcoO
`
`—oO
`
`oO<—
`
`—oO
`
`oO<—
`
`oO—
`
`—a)
`
`second side of the :
`
`four ground engaging wheels
`on8xs
`
`buoyant element
`
`aX
`
`wheels;
`
`four variable speed hydraulic motors
`.yNy
`iY
`
`, one variable speed hydraulic motor per
`
`a liquid manure pump configured to pump liquid manure through a fluid conduit,
`
`the liquid manure pump
`
`a pump housing having a bottom
`
`pump housing is immersed
`
`in the liquid manure.
`
`a”
`
`the floatable vehicle body, at which the liquid manure is ejected from the fluid
`
`Oo2—wox—
`
`=cO°
`
`Roz
`
`35
`
`TO®L_
`
`oOL
`
`~”2Towo
`
`oOL®2s&®L_®Dcwocwo
`
`conduit;
`
`Page 9 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 9 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 9 of 19
`
`
`
`
`
`
`
`
`
`
`

`

`Appl. No. 18/073,035
`Amdt. dated September 7, 2023
`Reply to Office Action of March 9, 2023
`
`an internal combustion engine configured to provide power to both the four
`
`variable speed hydraulic motors and the liquid manure pump;
`
`the four
`
`
`
`a remote control structure configured to control the four variable speed hydraulic
`
`motors and the liquid manure pump, wherein the speed and/or direction of the
`remotely controllable by an operator
`vehicle is
` vehicle when the
`
`sivehicle is floating.
`
`33.
`
`(New) The amphibious manure lagoon vehicle according to claim 32,
`
`wherein the location of each of the four ground engaging wheels, the internal
`
`combustion engine, and the liquid manure pump is selected such that the center
`
`of gravity of the amphibious manure lagoon vehicle is located at an intersection
`
`of the longitudinal centerline and the transverse centerline.
`
`34.
`
`(New) The amphibious manure lagoon vehicle according to claim 32,
`
`wherein the pump housing of the liquid manure pump is positioned between at
`
`least two of the four ground engaging wheels.
`
`35.|(New) An amphibious manure lagoon agitation vehicle comprising:
`
`a vehicle body having a front, a rear, a left side, a right side, and an underside;
`
`a ground engaging propulsion structure including a front left wheel, a front right
`
`wheel, a rearleft wheel, and a rear right wheel;
`
`Page 10 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 10 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 10 of 19
`
`

`

`Appl. No. 18/073,035
`Amdt. dated September 7, 2023
`Reply to Office Action of March 9, 2023
`
`a first buoyant element located on the left side of the vehicle body between the
`
`front left wheel and the rear left wheel:
`
`a second buoyant element located on the right side of the vehicle body between
`
`the front right wheel and the rear right wheel;
`
`submersible means for circulating liquid manure in a manure lagoon when the
`
`amphibious manure lagoon agitation vehicle is in the liquid manure of the manure
`
`lagoon;
`
`a power source configured to provide power to both the ground engaging
`
`propulsion structure and the submersible means for circulating liquid manure;
`
`and,
`
`a remote control structure configured to control the ground engaging propulsion
`
`structure and the submersible means for circulating liquid manure, wherein the
`
`speed and/or direction of the amphibious manure lagoon agitation vehicle is
`
`remotely controllable by an operator remote from the amphibious manure lagoon
`
`agitation vehicle when the amphibious manure lagoon agitation vehicle is ground
`
`engaging and when the amphibious manure lagoon agitation vehicle is floating in
`
`the liquid manure of the manure lagoon.
`
`36.
`
`(New) The amphibious manure lagoon agitation vehicle according to claim
`
`35, wherein the submersible means for circulating liquid manure is located along
`
`the underside of the vehicle body.
`
`37.
`
`(New) The amphibious manure lagoon agitation vehicle according to claim
`
`35, wherein the submersible means for circulating liquid manure is immersed in
`
`the liquid manure when the amphibious manure lagoon agitation vehicle is
`
`floating in the liquid manure of the manure lagoon.
`
`Page 11 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 11 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 11 of 19
`
`

`

`Appl. No. 18/073,035
`Amdt. dated September 7, 2023
`Reply to Office Action of March 9, 2023
`
`38.
`
`(New) The amphibious manure lagoon agitation vehicle according to claim
`
`35, wherein the submersible means for circulating liquid manure is a liquid
`
`manure pump.
`
`39.
`
`(New) The amphibious manure lagoon agitation vehicle according to claim
`
`35, wherein the submersible means for circulating liquid manure is a liquid
`
`manure pump with a pump housing and an impeller that are located along the
`
`underside of the vehicle body and are configured for immersion in the liquid
`
`manure of the manure lagoon when the amphibious manure lagoon agitation
`
`vehicle is floating, wherein the impeller is located in the pump housing, and
`
`wherein the pump housing includes a bottom inlet and at least two tangential
`
`outlets.
`
`40.
`
`(New) The amphibious manure lagoon agitation vehicle according to claim
`
`35, wherein the submersible means for circulating liquid manure is a nozzle.
`
`41.
`
`(New) The amphibious manure lagoon agitation vehicle according to claim
`
`1, wherein the fluid conduit is configured to discharge a spray of liquid manure
`
`back into the manure lagoon to disrupt surface crust formed on the liquid manure
`
`in the manure lagoon and recirculate the liquid manure in the manure lagoon.
`
`42.
`
`(New) The amphibious manure lagoon agitation vehicle according to claim
`
`1, further comprising a linkage configured to adjust an angle, relative to the
`
`vehicle body, at which a spray of liquid manure is directed through the air and
`
`back into the manure lagoon to disrupt surface crust formed on the liquid manure
`
`in the manure lagoon and recirculate the liquid manure in the manure lagoon.
`
`43.|(New) The amphibious manure lagoon agitation vehicle according to claim
`
`1, wherein displacement of the vehicle body is configured to disrupt surface crust
`
`formed on the liquid manure in the manure lagoon.
`
`Page 12 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 12 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 12 of 19
`
`

`

`Appl. No. 18/073,035
`Amdt. dated September 7, 2023
`Reply to Office Action of March 9, 2023
`
`44.
`
`(New) The amphibious manure lagoon agitation vehicle according to claim
`
`1, wherein the wheels are configured to disrupt surface crust formed on the liquid
`
`manure in the manure lagoon when the amphibious manure lagoon agitation
`
`vehicle drives into the manure lagoon.
`
`45.
`
`(New) The amphibious manure lagoon agitation vehicle according to claim
`
`25, wherein the pump housing and the impeller of the liquid manure pump are
`
`positioned between atleast two of the wheels.
`
`46.
`
`(New) An amphibious manure lagoon vehicle, comprising:
`
`a floatable vehicle body having a front, a rear, a middle, and an underside;
`
`a ground engaging propulsion structure;
`
`a liquid manure pump configured to pump liquid manure in a manure lagoon, the
`
`liquid manure pump including a pump housing and an impeller located along the
`
`underside of the floatable vehicle body such that the impeller is configured to be
`
`immersed in the liquid manure of the manure lagoon when the amphibious
`
`manure lagoon vehicle is floating in the manure lagoon;
`
`a power source configured to provide power to both the ground engaging
`
`propulsion structure and the liquid manure pump; and
`
`a remote control structure configured to control the ground engaging propulsion
`
`structure and the liquid manure pump, wherein the speed and/or direction of the
`
`amphibious manure lagoon vehicle is
`
`remotely controllable by an operator
`
`remote from the amphibious manure lagoon vehicle when the amphibious
`
`manure lagoon vehicle is ground engaging and when the amphibious manure
`
`lagoon vehicle is floating.
`
`Page 13 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 13 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 13 of 19
`
`

`

`Appl. No. 18/073,035
`Amdt. dated September 7, 2023
`Reply to Office Action of March 9, 2023
`
`47.
`
`(New) The amphibious manure lagoon vehicle according to claim 46,
`
`wherein the ground engaging propulsion structure includes a front set of wheels
`
`at the front of the floatable vehicle body and a rear set of wheels at the rear of
`
`the floatable vehicle body.
`
`48.
`
`(New) The amphibious manure lagoon vehicle according to claim 47,
`
`wherein the floatable vehicle body has a transverse centerline and wherein each
`
`of the wheels are rotatably attached to a spindle.
`
`49.
`
`(New) The amphibious manure lagoon vehicle according to claim 48,
`
`wherein the impeller of the liquid manure pump is positioned along the transverse
`
`centerline of the floatable vehicle body.
`
`50.
`
`(New) The amphibious manure lagoon vehicle according to claim 48,
`
`wherein the pump housing and the impeller of the liquid manure pump are
`
`positioned between the transverse centerline and the spindles supporting the
`
`front set of wheels.
`
`51.
`
`(New) The amphibious manure lagoon vehicle according to claim 48,
`
`wherein the pump housing and the impeller of the liquid manure pump are
`
`positioned between the transverse centerline and the spindles supporting the
`
`rear set of wheels.
`
`52.
`
`(New) The amphibious manure lagoon vehicle according to claim 48,
`
`wherein the pump housing and the impeller of the liquid manure pump are
`
`positioned between the spindles supporting the front set of wheels and the
`
`spindles supporting the rear set of wheels.
`
`53.
`
`(New) The amphibious manure lagoon vehicle according to claim 47,
`
`wherein the pump housing and the impeller of the liquid manure pump are
`
`positioned between the front set of wheels and the rear set of wheels.
`
`Page 14 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 14 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 14 of 19
`
`

`

`Appl. No. 18/073,035
`Amdt. dated September 7, 2023
`Reply to Office Action of March 9, 2023
`
`54.
`
`(New) The amphibious manure lagoon vehicle according to claim 46,
`
`wherein the pump housing and the impeller of the liquid manure pump are
`
`positioned along the middle of the floatable vehicle body.
`
`55.
`
`(New) The amphibious manure lagoon vehicle according to claim 46,
`
`wherein the impeller of the liquid manure pump is positioned at the middle of the
`
`floatable vehicle body.
`
`Page 15 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 15 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 15 of 19
`
`

`

`Appl. No. 18/073,035
`Amdt. dated September 7, 2023
`Reply to Office Action of March 9, 2023
`
`REMARKS/ARGUMENTS
`
`Claims
`
`Claims 1-2, 4-9, 13-16, 19-32 are currently amended. Claims 3, 10-12, 17-
`
`18 are cancelled. Claims 33-55 are newly added. There are 49 claims in the
`
`application.
`
`Support for the newly added claims can be found throughoutthe originally
`
`filed description, claims and drawings.
`
`Applicant Initiated Interview Summary
`
`Applicant thanks the Examiner for the productive interview of September
`
`1, wherein the references and arguments provided in the IDS’sfiled July 13 and
`
`July 18, as well as the references and arguments in the IDS that was ultimately
`
`filed on September 4, were discussed. Applicant drew particular attention to the
`
`alleged prior sale of Applicant’s pump having a bottom inlet and two outlets. The
`
`circumstances and significance of the alleged prior sale(s) are in dispute in
`
`pending litigation, but the Applicant nevertheless brought these allegations to the
`
`Examiner’s attention out of an abundance of caution. Upon review of
`
`the
`
`references already of record,
`
`it appears that US 4,406,413 (Houle) and US
`
`4,594,006 (Depeault) also disclose pumps with a bottom inlet and twooutlets.
`
`Claim Rejections — 35 U.S.C. § 103
`
`Claims 1-4, 8-11, 25 and 29-30 were rejected under 35 U.S.C. § 103 as
`
`allegedly being unpatentable over Puck (US 2013/0145980) in view of Carrier
`
`(US 7478817). Claims 12-18 were rejected under 35 U.S.C. § 103 as allegedly
`
`being unpatentable over Puck (US 2013/0145980)
`
`in view of Carrier
`
`(US
`
`7478817) and further in view of Gaither (US 7833071). These rejections are
`
`respectfully traversed.
`
`Page 16 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 16 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 16 of 19
`
`

`

`Appl. No. 18/073,035
`Amdt. dated September 7, 2023
`Reply to Office Action of March 9, 2023
`
`Applicant submits that the amended claims and newly submitted claims
`
`overcome all previous rejections. Applicant further submits that the claims are
`
`patentably distinct over all references of record, including references submitted in
`
`the above-mentioned IDS’s.
`
`In particular, Applicant submits that Puck has a pump that
`
`is not
`
`submersible; any modification of Puck to include a submersible pump for
`
`circulating liquid manure is based on hindsight and is not supported by the
`
`teachings of Carrier or Gaither. Puck also has no wheels or any ground-engaging
`
`propulsion structure and is therefore not amphibious. There is no motivation to
`
`add wheels to Puck. Puck has buoyant elements that fold downinto locations on
`
`the side of the boat that would interfere with wheels located there. Therefore,
`
`modification of Puck to include wheels would render Puck unfit for its intended
`
`purpose.
`
`The firefighting pump in Carrier is not submersible and is not suitable for
`
`pumping liquid manure. At column 10,
`
`lines 64-67,
`
`it
`
`is disclosed that Carrier
`
`includes a screen tofilter debris that would otherwise clog the pump 18; the
`
`pump in Carrier is therefore not configured to pump liquid manure, which
`
`contains solid materials that can plug traditional pumps. See publication of U.S.
`
`Patent 10,974,557, at column 3, lines 13-17.
`
`None of the cited art discloses a four-wheel arrangement. Puck has no
`
`wheels. Carrier discloses a vehicle with eight, ten, or twelve wheels. See Carrier,
`
`at column 3, lines 32-33. Gaither discloses a vehicle with six wheels. The four-
`
`wheel arrangement is advantageous for liquid manure lagoons because such
`
`lagoons have angled embankments and the four-wheel configuration handles
`
`driving up and cresting the embankment with less chance of tipping or sliding,
`
`becauseall wheels stay on the ground and there are wheels on both sides of the
`
`front and back of the vehicle. With multiple wheels, cresting the embankment
`
`Page 17 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 17 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 17 of 19
`
`

`

`Appl. No. 18/073,035
`Amdt. dated September 7, 2023
`Reply to Office Action of March 9, 2023
`
`results in one or more wheels hanging in the air at the breakover point where the
`
`vehicle is cresting the embankment, which leads to an unstable tettering/rocking
`
`condition on breakover. This is especially important in conjunction with remote
`
`control of the vehicle, whereslipping, sliding, or tipping and operational control is
`
`not experienced from a driver’s seat and is therefore more difficult to perceive
`
`and counteract. The four-wheel arrangement also allows the vehicle to break
`
`through the crust formed on the surface of a manure lagoon when the vehicle is
`
`driven into the manure lagoon, which is necessary to submerse the pump. A
`
`vehicle designed to have low ground pressure, like Carrier and Gaither, would
`
`have more of a tendencyto drive on top of the crust formed atop a liquid manure
`
`lagoon, which would prevent the pump from submersing and staying primed.
`
`Applicant respectfully requests thatall the rejections be withdrawn.
`
`Claim Rejections — Double Patenting
`
`Claims 1-32 were rejected for non-statutory double patenting as being
`
`unpatentable over: claims 1-21 of U.S. Patent No. 9,694,636; claims 1-20 of U.S.
`
`Patent No. 10,124,638; claims 1-13 of U.S. Patent No. 10,974,557; claims 1-40
`
`of US Patent No. 11,491,835; and, claims 1-38 of US Patent No. 11,541,708.
`
`Applicant has filed a Terminal Disclaimer over
`
`the above patents,
`
`obviating this rejection.
`
`Conclusion
`
`In view of the above amendment and remarks, reconsideration on all
`
`claims is respectfully requested.
`
`In the event any matters remain to be resolved
`
`in view of this communication, the Examiner is encouragedto call the
`
`undersigned so that a prompt disposition of this application can be achieved.
`
`Page 18 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 18 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 18 of 19
`
`

`

`Appl. No. 18/073,035
`Amdt. dated September 7, 2023
`Reply to Office Action of March 9, 2023
`
`Applicant respectfully requests that a timely Notice of Allowance be issuedin this
`
`case.
`
`Date:
`
`September 7, 2023
`
`Respectfully submitted,
`BRUNET & CO. LTD.
`
`/Robert Brunet/
`
`Robert Brunet
`Reg. No. 55,158
`Tel.: (519) 474-0700
`
`Page 19 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 19 of 19
`
`Exhibit 1089
`Bazooka v. Nuhn - IPR2024-00098
`Page 19 of 19
`
`