Case 1:17-cv-00770-JDW Document 221-33 Filed 10/05/23 Page 1 of 14 PageID #: 17400
`
`
`
`
`
`
`
`Exhibit 33
`
`
`
`
`
`
`
`
`
`
`
`
`
`Exhibit 33
`
`
`
`
`
`
`
`Case 1:17-cv-00770-JDW Document 221-33 Filed 10/05/23 Page 2 of 14 PageID #: 17401
`
`1/5/2018
`
`337-TA-1067
`Confidential
`
`Timothy O'Donnell 30(b)(6)
`
`Page 1
`
` UNITED STATES INTERNATIONAL TRADE COMMISSION
` WASHINGTON, DC
` Before the Honorable David P Shaw
` Administrative Law Judge
`
`INVESTIGATION NUMBER: 337-TA-1067
`_________________________________________________
`
`In the Matter of
`
`Certain Road Milling Machines
`and Components Thereof
`_________________________________________________
`
` VIDEOTAPED DEPOSITION OF FEDERAL RULE OF CIVIL
` PROCEDURE 30(b)(6) CATERPILLAR WITNESS DESIGNEE
`
` TIMOTHY O'DONNELL
` CONFIDENTIAL
`Taken: 5 January 2018 By: Jackie McKone
`____________________________________________________
` DIGITAL EVIDENCE GROUP
` 1730 M Street, NW, Suite 812
` Washington, D.C. 20036
` (202) 232-0646
`
`www.DigitalEvidenceGroup.com
`
`Digital Evidence Group C'rt 2018
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 221-33 Filed 10/05/23 Page 3 of 14 PageID #: 17402
`
`1/5/2018
`
`337-TA-1067
`Confidential
`
`Timothy O'Donnell 30(b)(6)
`
`Page 175
` it could be incorrect. I'm not an expert on the
` Wirtgen machines.
`Q. Do you know if any of the current lineup of
` Caterpillar cold planners included the
` functionality of whether they are able to leave
` the drum running while moving in reverse?
`A. Are you talking about all Caterpillar cold planers
` or ...
`Q. Let's just go with the three series that we
` discussed earlier today, the 600, 800, and 300.
`A. Okay, and we do have some older historical
` machines that do something similar on the
` Caterpillar side, and then the PM600, 800, and 300
` are designed to allow the rotor to run when the
` machine travels in reverse under certain
` conditions.
`Q. And what are those conditions?
`A. The conditions are dependent on a few variables.
` The machine cannot be raised into the service
` position. If that happens, the rotor is forced
` off, and then the rotor must be protected by the
` side plates and the mold board. So the side
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`www.DigitalEvidenceGroup.com
`
`Digital Evidence Group C'rt 2018
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 221-33 Filed 10/05/23 Page 4 of 14 PageID #: 17403
`
`1/5/2018
`
`337-TA-1067
`Confidential
`
`Timothy O'Donnell 30(b)(6)
`
`Page 176
` plates and the mold board must be in a range that
` is lowered below the bottom of the rotor, and if
` those -- those conditions are met, it will allow
` the rotor to remain on.
`Q. So the first portion of your answer there you said
` that the machine cannot be raised into the service
` position. By service position, are you referring
` to the rotor service door that we talked about
` earlier?
`A. Not -- not exactly. Service position, or we also
` say service height, is when the legs are extended
` almost to full extension, and when that happens,
` the rotor is forced off. So that would be one
` condition the rotor cannot be on the -- in that
` condition. Another one where -- the other one is
` the ones I mentioned earlier about the side plates
` and the mold board position.
`Q. So is there a electronic control module that is
` responsible for detecting the position of the mold
` board and the side plates with respect to this
` disengaging the rotor in reverse functionality?
`A. The logic for disengaging and engaging the rotor
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`www.DigitalEvidenceGroup.com
`
`Digital Evidence Group C'rt 2018
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 221-33 Filed 10/05/23 Page 5 of 14 PageID #: 17404
`
`1/5/2018
`
`337-TA-1067
`Confidential
`
`Timothy O'Donnell 30(b)(6)
`
`Page 177
`
` is located in the transmission ECM.
`Q. Okay.
`A. But the -- detecting the position of the mold
` board and the side plates is done by other ECMs.
`Q. And what are those other ECMs?
`A. It depends on the model. So which model?
`Q. Would it be the same ECM across all of the PM600
` series models?
`A. Yes.
`Q. What would be the ECM for the 600 series models?
`A. Earlier I said I couldn't recall if it was machine
` or steering ECM. So it's either machine or
` steering ECM.
`Q. Is that the same answer that you would give for
` the PM800 series models?
`A. Yes. It's going to be the same on the 600 and the
` 800.
`Q. Okay, and do you know how the ECM actually affects
` the disengagement of the rotor when those
` conditions are met?
`A. Do I know how the ECM affects the disengagement?
` What do you mean by that?
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`www.DigitalEvidenceGroup.com
`
`Digital Evidence Group C'rt 2018
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 221-33 Filed 10/05/23 Page 6 of 14 PageID #: 17405
`
`1/5/2018
`
`337-TA-1067
`Confidential
`
`Timothy O'Donnell 30(b)(6)
`
`Page 178
`
`Q. How does it --
`A. The transmission ECM?
`Q. Yes. So the transmission ECM --
`A. Okay.
`Q. -- when the part term that you mentioned before
` with the mold plate and the side board, if any of
` the required parameters are met, how does the ECM
` cause the rotor to be disengaged?
`A. Actually, it's pretty simple. The transmission
` ECM is electrically connected to the rotor clutch
` valve and solenoid. So when the transmission ECM
` decides to disengage the clutch, the command of
` the solenoid is disengaged, is disabled.
`Q. So is that just basically a simple binary
` controller that basically says 0 you're engaged
` and 1 you're --
`A. It's a control --
` MR. McCAMMON: Objection. Calls for legal
` conclusion as to controller.
` BY MR. RICHARDSON:
`Q. So I repeat the previous question using the term
` ECM. So is it essentially a binary output from
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`www.DigitalEvidenceGroup.com
`
`Digital Evidence Group C'rt 2018
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 221-33 Filed 10/05/23 Page 7 of 14 PageID #: 17406
`
`1/5/2018
`
`337-TA-1067
`Confidential
`
`Timothy O'Donnell 30(b)(6)
`
`Page 179
` the ECM as to basically a zero you're engaged and
` 1 your disengaged?
`A. I mean, it's not a, like, binary output as in the
` ECM output is 1 or zero, but the ECM does control
` -- that solenoid is on and off solenoid. So
` essentially there's two states; it's either an on
` output or an off output.
`Q. Okay. So if you want to pull up -- so if you use
` the kind of small horizontal arrows at the bottom
` to scroll through the tabs, scroll to the right
` there's a number of more tabs. If you want to
` access the tab that is labeled subsystem_grade_and
` _slope_control and open up that tab.
`A. Okay.
`Q. So there are there's a number of entries here, 117
` or so. I won't ask you to go through all of them.
` Unfortunately I have. So there's a number of
` these, over a dozen or so that refer to, if we
` look at the like-dislike column, that indicate a
` like of Wirtgen's LEVEL PRO feature, and my
` question would be: Was it an understanding at the
` time of whenever this document was created that
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`www.DigitalEvidenceGroup.com
`
`Digital Evidence Group C'rt 2018
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 221-33 Filed 10/05/23 Page 8 of 14 PageID #: 17407
`
`1/5/2018
`
`337-TA-1067
`Confidential
`
`Timothy O'Donnell 30(b)(6)
`
`Page 275
` would the software that's directed toward the
` machine ECM that controls these leg positions
` would that software be the same software on the
` PM620 and the PM622?
`A. Yes.
`Q. And would that software also be the same software
` on the PM800 series machines?
`A. Yes.
`Q. Okay. So I'll take you back to Exhibit 14 for a
` second.
`A. Okay.
`Q. And so again, just for the record, Exhibit 14 is
` marked as CAT 0004149, and I will direct your
` attention to the page ending in 4508, and so
` there's a couple of paragraphs that I want to
` direct your attention to.
` So you see the heading toward the middle of
` the page it says Rotor Exposure During Reverse
` Travel?
`A. Yes.
`Q. So if you want to take a second to read the couple
` of paragraphs that are underneath that heading.
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`www.DigitalEvidenceGroup.com
`
`Digital Evidence Group C'rt 2018
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 221-33 Filed 10/05/23 Page 9 of 14 PageID #: 17408
`
`1/5/2018
`
`337-TA-1067
`Confidential
`
`Timothy O'Donnell 30(b)(6)
`
`Page 276
`
`A. Okay. I've read it.
`Q. So I'll ask you similar as we did in these other
` sections. Does the description here specifically
` as it pertains to the side plate sensors, the mold
` position -- mold board position sensor, and the
` transmission and steering ECMs is that an accurate
` description of the software that's related to this
` rotor disengagement feature?
`A. I'll need to double check the requirement document
` to make sure which ECM reads which side plate
` position sensors --
`Q. Okay.
`A. -- and I can confirm that for you if you want to
` give me a few minutes.
`Q. Sure. Go ahead.
`A. I did notice there's -- there's an error here this
` document, probably used in earlier version of our
` requirements documents. So the last paragraph in
` this section says, "When an event is detected, a
` Level 2 warnings is activated for 5 seconds and is
` logged." So that is not accurate anymore. We do
` that do that anymore. We removed that feature.
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`www.DigitalEvidenceGroup.com
`
`Digital Evidence Group C'rt 2018
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 221-33 Filed 10/05/23 Page 10 of 14 PageID #: 17409
`
`1/5/2018
`
`337-TA-1067
`Confidential
`
`Timothy O'Donnell 30(b)(6)
`
`Page 277
`
` So ...
`Q. Okay.
`A. So the steering ECM monitors the left side plate
` in cylinders sensors, and the mold board position
` that's correct, the transmission ECM monitors, the
` right side plate sensors in cylinders sensors,
` which it doesn't mention, that's also correct.
` One thing that's not entirely clear is in
` the first bullet point it says the left or right
` propulsion lever is in the reverse position.
` That's very misleading because on these machines
` the propulsion lever returns to center with a --
` it's a control that you move the lever out of
` position to command the machine to start moving,
` and then after the machine achieves the speed
` you're intending to be at, the operator lets go of
` the lever and the lever returns to center but the
` machine is still moving.
` So what we used in our software requirement
` was a status, propel system status, forward,
` neutral, reverse, and whoever wrote this document
` got confused and wrote propel lever, which is not
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`www.DigitalEvidenceGroup.com
`
`Digital Evidence Group C'rt 2018
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 221-33 Filed 10/05/23 Page 11 of 14 PageID #: 17410
`
`1/5/2018
`
`337-TA-1067
`Confidential
`
`Timothy O'Donnell 30(b)(6)
`
`Page 278
` correct. So the propel lever does not need to be
` pulled into reverse. The lever can -- would most
` likely it could be in reverse, or center, or
` forward for that matter. It's the status of the
` propel system. When the propel system is
` commanding to go in reverse, that's when this
` feature is effective.
`Q. Okay. So outside the that first bullet point and
` then the indication about logging into Level 2
` warning signal, is the software as it pertains to
` the operation of these two ECMs and their
` interaction with the side plate and mold board
` sensors is that accurate, to the best of your
` knowledge, for the PM600 machines?
`A. I have to check one more requirement for the rotor
` shutoff.
`Q. Okay.
`A. This paragraph starting with, "The right side
` plate raised threshold is based on the duty cycle
` of the position cylinders," that paragraph the
` numbers are accurate and correlate correctly to
` the requirements document.
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`www.DigitalEvidenceGroup.com
`
`Digital Evidence Group C'rt 2018
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 221-33 Filed 10/05/23 Page 12 of 14 PageID #: 17411
`
`1/5/2018
`
`337-TA-1067
`Confidential
`
`Timothy O'Donnell 30(b)(6)
`
`Page 279
`Q. Okay. Great. So then just so it's clear, the
` software that's related to this rotor
` disengagement feature that's described here would
` be the same software that's on the PM620 and
` PM622?
`A. Yes.
`Q. And would it also be the same software that's on
` the PM800 series machines?
`A. Yes.
`Q. And would it be the same software that's on the
` PM300 machines?
`A. No.
`Q. Did you know offhand what would be the differences
` in the PM300 machines?
`A. Regarding the rotor shutoff and reverse?
`Q. And reverse.
`A. The rotor shutoff and reverse on the PM300 machine
` has different thresholds because the side plate
` components, and cylinders, and sensors are
` different, and the mold board component is
` different, and the sensors are different.
`Q. At a high level though, would there be software
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`www.DigitalEvidenceGroup.com
`
`Digital Evidence Group C'rt 2018
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 221-33 Filed 10/05/23 Page 13 of 14 PageID #: 17412
`
`1/5/2018
`
`337-TA-1067
`Confidential
`
`Timothy O'Donnell 30(b)(6)
`
`Page 280
` associated with a rotor disengagement feature in
` traveling in reverse?
`A. Yes. On the PM300, there is.
`Q. And at a high level, it would involve some type of
` ECM monitoring position sensors either on the side
` plate or the mold board?
`A. That's correct.
`Q. Okay, and I'll direct your attention to I think
` one last page in the document that you're in
` ending in 4393, and actually, it starts on the
` previous page, the last paragraph on the previous
` page for the ride control function.
` So the paragraph at the bottom of 4392 and
` then proceeding into 4393 if, again, you could
` take a look at the disclosure in that section and
` let me know if it accurately describes the ride
` control feature on the PM600 machines.
`A. So I read through it, and I do have some caveats
` to describe.
`Q. Sure. Please do.
`A. So in the first paragraph, it says in the second
` sentence, "The ride control feature is enabled and
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`www.DigitalEvidenceGroup.com
`
`Digital Evidence Group C'rt 2018
`
`202-232-0646
`
`
`
`Case 1:17-cv-00770-JDW Document 221-33 Filed 10/05/23 Page 14 of 14 PageID #: 17413
`
`Llsl2oTB
`
`337--rA-n67
`Confìdential
`
`Timothy O'Donnell 30(bX6)
`
`Page 2BB
`
`STATE OF MINNESOTA )
`)SS
`COUNTY OF HENNEP]N )
`I Jacquel-ine McKone, certified shorthand reporter
`and notary pubtic for the State of Minnesota,
`there came before me the deponent herein
`certify
`to the truth
`who was sworn by me to testify
`concerning the matters in the cause and certify
`this transcript is a true transcript of my
`original shorthand notes.
`I am neither attorney nor counsel for,
`I certify
`nor related to, nor emptoyed by any of the parties
`to the action in which this deposition is taken"
`and furthermore, I am not a relative or employee
`of any attorney or counsel employed by the parties
`interested in this action-
`hereto or financialty
`The cost of the original transcript has been
`charged to the party noticing the deposition, and
`all- parties ordering copies are charged at the
`same rate for such copies.
`
`IN VüITNESS
`this day:
`
`WHEREOF, I have affixed my notary seaf
`7 January 20IB
`
`u,J,lu{I,ry ti,,t,
`ine McKone
`
`Jacqu
`
`1
`
`2 3
`
`4
`
`5
`
`6
`
`1
`
`B
`
`9
`
`10
`
`11
`
`12
`
`13
`
`L4
`
`15
`
`16
`
`I1
`
`1B
`
`1-9
`
`20
`
`2t
`
`22
`
`www.DigitalEvidenceGroup.com Digital EvidenceGroupC'tt2018
`
`202-232-0646
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
