Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 1 of 43 PageID #: 18981
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`Exhibit 47
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 2 of 43 PageID #: 18982
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`HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`)
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`WIRTGEN AMERICA, INC.,
`)
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`)
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`Plaintiff,
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`v. )
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`CATERPILLAR INC.,
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`)
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`)
`Defendant.
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`)
`________________________________
`)
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`C.A. No. 17-770-JDW
`
`OPENING EXPERT REPORT OF JOSEPH RAKOW, Ph.D., P.E., F.A.S.M.E.
`
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`HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY
`2111403.000 - 9486
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 3 of 43 PageID #: 18983
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`X. Conclusion
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`149. For at least the reasons stated above, it is my opinion that the Asserted Claims are invalid.
`
`
`
` I
`
` declare under the penalty of perjury that the foregoing is true and correct.
`
`
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`Executed on May 19, 2023 at Menlo Park, California
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`
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`Joseph Rakow, Ph.D, P.E., F.A.S.M.E.
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`
`80
`HIGHLY CONFIDENTIAL - OUTSIDE ATTORNEYS’ EYES ONLY
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 4 of 43 PageID #: 18984
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`APPENDIX D
`INVALIDITY CLAIM CHART
`Analysis of PM-565 or PM-465 in view of Neumeier
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 5 of 43 PageID #: 18985
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`Asserted Claims
`
`Invalidity Claim Chart
`U.S. Patent No. 7,828,309
`
`Analysis of the PM-565 and PM-465 in View of Neumeier
`
`1. A road-building machine, The PM-565 and PM-465 are road-building machines. See Figure 1 and Figure 2.
`
`Figure 1.
`
`
`Excerpt from CAT marketing material (CAT-770_047020, p. 1/8) showing a PM-565 road-
`building machine.
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 6 of 43 PageID #: 18986
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`Figure 2.
`
`
`Excerpt from CAT marketing material (CAT-770_047008, p. 1/12)
`showing a PM-465 road-building machine.
`
`
`
`I confirmed this during my inspection in Minerbio, as shown in Figure 3, below.
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 7 of 43 PageID #: 18987
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`Figure 3.
`
`Photograph of PM-565 (top, EXPONENT_0000958) and PM-465 (bottom,
`EXPONENT_0001465) road-building machines taken at Minerbio inspection.
`Neumeier discloses an off-road vehicle. Neumeier identifies Figure 4, below, as an example of a
`vehicle that may employ the disclosed suspension. The vehicle shown is a front loader, which is a
`vehicle used in road construction.
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 8 of 43 PageID #: 18988
`HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY
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`See <https://www.miltoncat.com/industries/highway-construction-paving-equipment>
`(EXPONENT_0001550) (and <https://www.constructionkenya.com/2408/road-construction-
`equipment/>, last accessed 5/2/23 (EXPONENT_0001541).
`
`
`
`Figure 4.
`
`
`
`Excerpt from Neumeier Fig. 9 showing an example of a vehicle that is
`used in road construction.
`
`
`
`
`The PM-565 and PM-465 each have a front left caterpillar, front right caterpillar, rear left caterpillar,
`and rear right caterpillar that are connected to chassis by hydraulic cylinders.
`I confirmed this during my inspection in Minerbio, as shown in the photo below (Figure 5).
`
`[1a] of which a left front
`wheel or caterpillar, right
`front wheel or caterpillar,
`left rear wheel or caterpillar
`and right rear wheel or
`caterpillar is connected to a
`chassis of the road-building
`machine
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 9 of 43 PageID #: 18989
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`Chassis
`
`Rear right
`caterpillar
`
`Rear left
`caterpillar
`
`Front right
`caterpillar
`
`Front left
`caterpillar
`
`Figure 5.
`
`Annotated photograph of a PM-565 cold planer (EXPONENT_0000958) taken at
`Minerbio inspection showing the four caterpillars and the chassis.
`
`
`
`Chassis
`
`Rear right
`caterpillar
`
`Rear left
`caterpillar
`
`Front right
`caterpillar
`
`Front left
`caterpillar
`
`Figure 6.
`
`Annotated photograph of a PM-465 cold planer (EXPONENT_0001465) taken at
`Minerbio inspection showing the four caterpillars and the chassis.
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`2111403.000 - 9486
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 10 of 43 PageID #: 18990
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`Neumeier also discloses a left front wheel, right front wheel, left rear wheel and right rear wheel that
`are connected to a chassis of the road-building machine. Neumeier “assumes a four-wheeled vehicle”
`shown in Figure 7. (Neumeier p. 5)
`Neumeier states that “[t]he front wheels of the vehicle […] are supported on the vehicle frame […] by
`hydraulic cylinders 1a and 2a. The hydraulic cylinders 3a and 4a are used to support the rear wheels.”
`(Neumeier p. 5)
`
`Furthermore, the hydraulic diagram shown in Figure 7 shows that each of the four wheels is supported
`on the vehicle frame by hydraulic cylinders 1a, 2a, 3a and 4a by piston rods 5, 6, 7, 8. Specifically,
`Neumeier states “while the piston rods 5, 6, 7 and 8 of the pistons 9, 10, 11 and 12 gliding in the
`cylinders 1a , 2a , 3a , 4a are connected to the wheels.” (Neumeier p. 5)
`
`Right front wheel
`(not shown)
`
`Right rear wheel
`(not shown)
`
`Left front wheel
`(not shown)
`
`
`
`Figure 7.
`
`
`
`Left rear wheel
`(not shown)
`
`
`
`
`Annotated excerpt from Neumeier Fig. 1 showing each of the four wheels
`being supported on the vehicle frame by hydraulic cylinders.
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 11 of 43 PageID #: 18991
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`[1b] by means of an
`actuating member and is
`adjustable in height with
`respect to a frame of the
`road-building machine, the
`individual actuating
`members being connected
`rigidly to the chassis and
`
`The PM-565 and PM-465 have caterpillars that are connected to the vehicle frame by means of an
`actuating member and is adjustable in height with respect to a frame of the road-building machine, the
`individual actuating members being connected rigidly to the chassis.
`Each caterpillar of the PM-565 and PM-465 is rigidly connected to the machine frame via an actuating
`member (hydraulic cylinder.) Shown below in Figure 8 and Figure 9 are caterpillars connected to PM-
`565 and PM-465 machine frames by a hydraulic cylinder inside the leg tube. I also observed the
`actuation of the actuating members inside each leg tube of the PM-565 and PM-465 during my
`inspection in Minerbio.
`In the ’309 Patent prosecution history, Wirtgen GmbH argued that “the actuating members are required
`to be rigidly connected to the chassis” in the claimed road-building machine because the invention
`concerns “elevation control of a very low speed vehicle in an essentially static condition.” (WA-
`0000173, p. 395, 397/432) The PM-565 and PM-465 are road-building machines and have actuating
`members rigidly connected to the chassis.
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 12 of 43 PageID #: 18992
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`Leg tube
`
`Actuating
`member inside
`leg tube
`
`Figure 8.
`
`Annotated photo of a PM-565 cold planer
`(EXPONENT_0000964) showing a caterpillar
`connected to the machine frame with a hydraulic
`cylinder.
`
`
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 13 of 43 PageID #: 18993
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`Leg tube
`
`Actuating
`member inside
`leg tube
`
`Figure 9.
`
`Annotated photo of a PM-465 cold planer
`(EXPONENT_0001468) from the Minerbio
`inspection showing a caterpillar connected to the
`machine frame with a hydraulic cylinder.
`
`
`
`
`See Claim [1a] for discussion on how the wheels of Neumeier are connected to vehicle frame by
`hydraulic cylinders (“actuating members”) (Figure 10).
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 14 of 43 PageID #: 18994
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`Actuating
`members
`
`Actuating
`members
`
`Figure 10.
`
`
`Annotated excerpt from Neumeier Fig. 1 showing wheels connected to the vehicle
`frame by actuating members.
`
`
`
`As explained in Section VII.A of my report, it would be obvious to a PHOSITA to modify the
`hydraulic suspension system of the PM-565 and PM-465 from a two-way float to the four-way float
`hydraulic suspension system of Neumeier. A PHOSITA would be motivated to do so and have a
`reasonable expectation of success. In doing so, a PHOSITA would retain the rigid connection between
`the actuating cylinders and the machine chassis. Furthermore, Neumeier is directed to a vehicle that is
`able to “adapt to continuously, but relatively slowly changing conditions of the terrain, as well as to
`sudden changes in these, such as due to obstacles or troughs, and assumes a stable position, regardless
`of the respective conditions of the terrain.” (Neumeier, CAT0013661 certified translation, p. 28/53)
`Neumeier’s disclosure of “relatively slowly changing conditions” is compatible with the PM-565 and
`PM-465.
`The PM-565 and PM-465 include a two-way float (floating axle) between the two rear caterpillars. I
`explain the concept of the floating axle in more detail in Section II.B of my report. Neumeier discloses
`
`[1c] being positively
`coupled to one another in
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 15 of 43 PageID #: 18995
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`such a way that the left front
`wheel or caterpillar and the
`right rear wheel or
`caterpillar can be adjusted
`in height in the same
`direction and in the opposite
`direction to the right front
`wheel or caterpillar and the
`left rear wheel or caterpillar,
`and
`
`wheels that are positively coupled to one another in such a way that the left front wheel and the right
`rear wheel can be adjusted in height in the same direction and in the opposite direction to the right front
`wheel and the left rear wheel.
`The PM-565 and PM-465 each have two rear caterpillars that are coupled in a floating-axle
`configuration which I explain in Section VI.A of my report. The actuating cylinders that comprise the
`floating axle are annotated in the hydraulic schematics below (Figure 11 and Figure 12). The rear
`caterpillars are coupled to one another in such a way that the right rear caterpillar can be adjusted in
`height in the opposite direction to the left rear caterpillar.
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 16 of 43 PageID #: 18996
`HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY
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`Directional
`valve
`
`Coupling line 1
`
`Check valve
`
`Coupling line 2
`
`
`
`Actuating cylinders
`in floating axle
`
`
`Figure 11.
`
`
`The hydraulic diagram for the PM-565 (CAT_00043417, p.40/147) discloses a two-way float
`between its rear hydraulic cylinders.
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 17 of 43 PageID #: 18997
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`Coupling line 2
`
`Coupling line 1
`
`Check valve
`
`
`
`Directional
`valve
`
`Actuating cylinders
`in floating axle
`
`
`
`Figure 12. The hydraulic diagram for the PM-465 (CAT-770_047793, p. 14/36) discloses a two-way float
`between its rear hydraulic cylinders.
`
`
`
`As explained in Section VI.A.5 of my report, the two rear hydraulic cylinders in the PM-565 and PM-
`465 adjust in height contradirectionally in a floating axle configuration. The result is that any height
`adjustment in one hydraulic cylinder will cause the opposite height adjustment in the other hydraulic
`cylinder. I also confirmed this at my inspection in Minerbio (see EXPONENT_0001532).
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 18 of 43 PageID #: 18998
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`Neumeier discloses four hydraulic cylinders positively coupled (Figure 13) in such a way that the left
`front wheel and the right rear wheel can be adjusted in height in the same direction and in the opposite
`direction to the right front wheel and the left rear wheel.
`
`Neumeier discloses a four-way float suspension system between its four hydraulic cylinders. I explain
`the concept of the four-way float in more detail in Section II.C of my report. Additionally, Neumeier
`discloses “wheels located next to and behind one another thus move in opposite directions, while
`diagonally opposing wheels move in the same direction.” (Neumeier p. 6) The left front wheel and
`right rear wheel are diagonally opposed, and therefore “can be adjusted in height in the same
`direction.” The right front wheel and left rear wheel are “located next to and behind” the left front
`wheel and right rear wheel, and therefore are adjusted “in opposite direction” to the left front wheel
`and right rear wheel.
`
`Coupling
`lines
`
`Double-acting
`working cylinders
`
`Double-acting
`working cylinders
`
`Figure 13.
`
`
`Annotated excerpt from Neumeier Fig. 1 showing the four hydraulic cylinders being positively
`coupled.
`
`As explained in Section VII.A of my report, it would be obvious to a PHOSITA to modify the
`hydraulic suspension system of the PM-565 and PM-465 from a two-way float to the four-way float
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`2111403.000 - 9486
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 19 of 43 PageID #: 18999
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`hydraulic suspension system of Neumeier. A PHOSITA would be motivated to do so and have a
`reasonable expectation of success.
`The combination of the PM-565 or PM-465 with the four-way float hydraulic suspension system of
`Neumeier would disclose the “positive coupling” limitation of the claim, in such a way that the left
`front wheel or caterpillar and the right rear wheel or caterpillar can be adjusted in height in the same
`direction and in the opposite direction to the right front wheel or caterpillar and the left rear wheel or
`caterpillar.
`Each actuating member of the PM-565 and PM-465 is designed as double-acting working cylinders
`with a first and second working chamber which is filled with a pressure medium.
`The hydraulic schematic annotated in my analysis of Claim 1[c] (Figure 11 and Figure 12) shows that
`both hydraulic cylinders comprising the floating axle are double-acting cylinders with hydraulic
`coupling lines attached to both chambers. The two chambers of each hydraulic cylinder are the first and
`second chamber filled with a pressure medium. Hydraulic diagrams in Section VI.A.5 in my report also
`shows that all four hydraulic cylinders are double-acting working cylinders with a first and second
`working chamber filled with a pressure medium.
`
`Neumeier also discloses that the actuating members (hydraulic cylinders) connecting the vehicle frame
`to the wheels “are each divided into two chambers.” (Neumeier, p. 5) The top and bottom chambers of
`each hydraulic cylinder are the first and second chamber filled with a pressure medium. See Figure 13,
`annotated in Claim [1c].
`
`Neumeier explains that each of the two chambers of each hydraulic cylinder are hydraulically coupled
`to a chamber of a different hydraulic cylinder. (Neumeier, p. 6) It is apparent from the description and
`Figure 13 that each of the four hydraulic cylinders (actuating members) in Neumeier is a double-acting
`cylinder filled with a pressure medium in both working chambers.
`The combination of the PM-565 or PM-465 with the four-way float hydraulic suspension system of
`Neumeier would have the actuating members designed as double-acting working cylinders with a first
`and second working chamber which is filled with a pressure medium.
`The working cylinders of the PM-565, PM-465, and Neumeier are connected to one another via
`coupling lines. See my analysis of Claims [1c] (Figure 11, Figure 12, Figure 13) for details on the
`coupling lines disclosed by the PM-565 and PM-465 and Neumeier.
`
`[1d] the actuating members
`being designed as double-
`acting working cylinders
`with a first and a second
`working chamber which are
`filled with a pressure
`medium,
`
`[1e] the working cylinders
`being connected to one
`another via coupling lines.
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`Neumeier discloses that the hydraulic cylinders (“working cylinders”) 1a, 2a, 3a and 4a are connected
`to one another by connecting lines (“coupling lines”) 21, 22, 23, and 24. See Figure 13, annotated in
`Claim [1c].
`The combination of the PM-565 or PM-465 with the four-way float hydraulic suspension system of
`Neumeier would have working cylinders that connect to one another via coupling lines.
`The combination of the PM-565 or PM-465 with Neumeier renders obvious all elements of Claim [1].
`See my analysis of Claim [1].
`In Figure 14 and Figure 15 for the PM-565 and PM-465 respectively, the directional valve is moved
`into a position (highlighted in yellow) such that coupling line 1 is connected to a pressure medium
`source (“pump”) and coupling line 1 is connected to the pressure medium sump (“tank”). The
`connection is made via working lines and the aid of a valve control (“directional valve”).
`
`9. The road-building
`machine as claimed in claim
`1, characterized in that the
`coupling lines can be
`connected to a pressure
`medium source and/or a
`pressure medium sump via
`working lines with the aid
`of a valve control.
`
`2111403.000 - 9486
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`Directional
`valve
`
`Check valve
`
`Coupling line 2
`
`Coupling line 1
`
`
`
`Actuating cylinders
`in floating axle
`
`
`Pump
`
`Tank
`
`Annotated schematic of the PM-565 (CAT-770_065297, p. 117/182) showing
`coupling lines connected to the pressure medium source and pressure medium
`sump using control valve.
`
`
`
`
`
`Figure 14.
`
`
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`Directional
`valve
`
`Pump
`
`Coupling line 2
`
`Coupling line 1
`
`Check valve
`
`
`
`Actuating cylinders
`in floating axle
`
`
`Tank
`
`Figure 15.
`
`Annotated schematic of the PM-465 (CAT-770_047793, p. 14/36) showing
`coupling lines connected to the pressure medium source and pressure medium
`sump using control valve.
`
`
`
`
`
`Neumeier also discloses a hydraulic system with coupling lines that can be connected to a pressure
`medium source, pressure medium sump, via working lines with the aid of valve control.
`
`2111403.000 - 9486
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 23 of 43 PageID #: 19003
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`Neumeier explains “these hydraulic cylinders are connected to one another by a connection network
`[…] and this connection system is additionally connected to two pressure sources, such as hydraulic
`pumps.” (Neumeier p. 2) A hydraulic pump is a pressure medium source.
`
`Neumeier also explains that in a specific operating mode, oil (“pressure medium”) from pump line 26
`(“working line”) supplied by valve 28 can be delivered to pipe 23 or 24 (“coupling lines”), or can be
`recirculated back to the tank (“pressure medium sump”). (Neumeier p. 8)
`
`Figure 16 below shows the disclosed pumps (not shown), tank (not shown), and pump lines 25 and 26
`are connected to the hydraulic coupling lines 21, 22 (not labeled), 23, 24 with the aid of valve control
`using control valves 27 and 28.
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 24 of 43 PageID #: 19004
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`
`
`
`
`Coupling
`lines
`
`Valve
`
`Working lines leading to pressure
`medium source and sump
`
`Valve
`
`
`
`Figure 16.
`
`The combination of the PM-565 and PM-465 with the four-way float hydraulic
`suspension system of Neumeier would also have coupling lines that can be
`connected to a pressure medium source and/or a pressure medium sump via
`working lines with the aid of a valve control.
`
`The combination of the PM-565 or PM-465 with Neumeier would also coupling lines that can be
`connected to a pressure medium source and/or a pressure medium sump via working lines with the aid
`of a valve control.
`
`10. The road-building
`machine as claimed in claim
`9, characterized in that the
`valve control is designed
`
`The combination of the PM-565 and PM-465 with Neumeier renders obvious all elements of Claim [9].
`See my analysis of Claim [9].
`I understand that Wirtgen America’s infringement allegations assert that the term “wheels” somehow
`also encompass caterpillars. While I disagree with such an interpretation, I recognize that if Wirtgen
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`such that all the wheels are
`raised in a first operating
`mode and are lowered in a
`second operating mode, this
`taking place in each case by
`the same amount.
`
`America’s theory is accepted, it would apply equally to the PM-565 or PM-465 in view of Neumeier,
`which would have caterpillars.
`
`As explained in Section VII.B of my report, a PHOSITA would have motivation to retain an
`operational mode which can enable all caterpillars to be raised in a first operating mode and be lowered
`in a second operating mode by the same amount.
`
`The PM-565 and PM-465 both have a feature where all caterpillars are raised in a first operating mode
`and lowered in a second operating mode as shown in Figure 17 and Figure 18. A PHOSITA would
`have reason to retain this feature.
`
`Figure 17.
`
`The PM-565B has a control component which allows for elevation control of all legs
`(CAT_066610, p. 11/216).
`
`
`
`
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 26 of 43 PageID #: 19006
`HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY
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`Figure 18.
`
`The PM-465 “all machine elevation rocker switch” actuates the raising or lowering
`of front and rear caterpillars at the same time (CAT-770 047793, p 15/36).
`
`It would be obvious to implement such a feature in the four-way floating hydraulic system of
`Neumeier. In this example implementation, coupling line connections shown in purple circles are
`added to existing coupling lines and lead to two additional 4-way, 3-position directional valves.
`Neumeier already discloses two 4-way, 3-position directional valves. The directional valves can be
`coupled to the tank and pump already disclosed in Neumeier.
`
`The annotated figure below (Figure 19) shows valve control in an operating mode such that all wheels
`are raised by the same amount (with respect to the machine frame, by extending all hydraulic
`cylinders) in a first operating mode when the two additional directional valves are placed in the
`position shown.
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`2111403.000 - 9486
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 27 of 43 PageID #: 19007
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`Figure 19.
`
`Annotated excerpt from Neumeier Fig. 1 showing valve control in
`an operating mode such that all wheels are raised by the same
`amount.
`
`
`
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`The annotated figure below (Figure 20) shows valve control in an operating mode such that all wheels
`are lowered by the same amount (with respect to the machine frame, by retracting all hydraulic
`cylinders) in a second operating mode when the two additional directional valves are placed in the
`position shown.
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`2111403.000 - 9486
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 28 of 43 PageID #: 19008
`HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY
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`Figure 20.
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`
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`Annotated excerpt from Neumeier Fig. 1 showing valve control
`in an operating mode such that all wheels are lowered by the
`same amount.
`
`The combination of the PM-565 or PM-465 with the four-way float hydraulic suspension system of
`Neumeier would use valve control such that all the caterpillars are raised in a first operating mode and
`are lowered in a second operating mode, this taking place in each case by the same amount.
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`2111403.000 - 9486
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 29 of 43 PageID #: 19009
`HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY
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`26. A road-building
`machine, comprising:
`
`[26a] a chassis having a
`forward direction;
`
`The PM-565 and PM-465 are road-building machines. Neumeier discloses an off-road vehicle such as
`a front loader, which is a vehicle that is used in road construction. See my analysis of Claim [1pre] of
`the ’309 Patent.
`The PM-565, the PM-465 and Neumeier all disclose vehicles with a chassis having a forward direction.
`Figure 21-Figure 24 are annotated to show the forward direction of the chassis. See also Figure 4.
`
`Chassis
`
`Forward
`direction
`
`Figure 21.
`
`Annotated photograph of the PM565 cold planer (EXPONENT_0000958) taken at
`Minerbio inspection showing the chassis and the forward direction.
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`2111403.000 - 9486
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 30 of 43 PageID #: 19010
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`Chassis
`
`Forward
`direction
`
`Figure 22.
`
`Annotated photograph of the PM465 cold planer (EXPONENT_0001465) taken at
`Minerbio inspection showing the chassis and the forward direction.
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`2111403.000 - 9486
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 31 of 43 PageID #: 19011
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`Chassis
`
`Forward direction
`of the chassis
`
`
`
`Annotated excerpt from PM-565 marketing materials (CAT-770_047020,
`p. 6/8) showing the four-sided stability pattern with a widest transverse
`direction that is transverse to the forward direction of the chassis.
`
`Figure 23.
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`
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`2111403.000 - 9486
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 32 of 43 PageID #: 19012
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`Chassis
`
`Forward direction
`of the chassis
`
`Annotated excerpt from PM-465 marketing materials (CAT-770_047008,
`p. 10/12) showing the four-sided stability pattern with a widest transverse
`direction that is transverse to the forward direction of the chassis.
`
`
`
`Figure 24.
`
`
`
`As shown in figures in Claim [1pre], the PM-565 and PM-465 each have left and right front
`caterpillars, and left and right rear caterpillars. Neumeier discloses a vehicle with left and right front
`wheels and left and right rear wheels.
`
`The PM-565 and PM-465 each has a first working cylinder rigidly connected to the chassis and
`connected to the left front caterpillar for adjusting a height of the left front caterpillar relative to the
`chassis; a second working cylinder rigidly connected to the chassis and connected to the right front
`caterpillar for adjusting a height of the right front caterpillar relative to the chassis; a third working
`cylinder rigidly connected to the chassis and connected to the left rear caterpillar for adjusting a height
`of the left rear caterpillar relative to the chassis; a fourth working cylinder rigidly connected to the
`chassis and connected to the right rear caterpillar for adjusting a height of the right rear caterpillar
`relative to the chassis.
`
`[26b] a left front wheel or
`caterpillar; a right front
`wheel or caterpillar; a left
`rear wheel or caterpillar; a
`right rear wheel or
`caterpillar;
`
`[26c] a first working
`cylinder rigidly connected
`to the chassis and connected
`to the left front wheel or
`caterpillar for adjusting a
`height of the left front wheel
`or caterpillar relative to the
`chassis; a second working
`cylinder rigidly connected
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`2111403.000 - 9486
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 33 of 43 PageID #: 19013
`HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY
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`to the chassis and connected
`to the right front wheel or
`caterpillar for adjusting a
`height of the right front
`wheel or caterpillar relative
`to the chassis; a third
`working cylinder rigidly
`connected to the chassis and
`connected to the left rear
`wheel or caterpillar for
`adjusting a height of the left
`rear wheel or caterpillar
`relative to the chassis; a
`fourth working cylinder
`rigidly connected to the
`chassis and connected to the
`right rear wheel or
`caterpillar for adjusting a
`height of the right rear
`wheel or caterpillar relative
`to the chassis;
`
`[26d] a rotating working
`roller or rotor supported
`from the chassis between
`the front wheels or
`caterpillars and the rear
`wheels or caterpillars and
`extending transversely to
`the forward direction;
`
`Neumeier has a first working cylinder rigidly connected to the chassis and connected to the left front
`wheel for adjusting a height of the left front wheel relative to the chassis; a second working cylinder
`rigidly connected to the chassis and connected to the right front wheel for adjusting a height of the
`right front wheel relative to the chassis; a third working cylinder rigidly connected to the chassis and
`connected to the left rear wheel for adjusting a height of the left rear wheel relative to the chassis; a
`fourth working cylinder rigidly connected to the chassis and connected to the right rear wheel for
`adjusting a height of the right rear wheel relative to the chassis.
`See my analysis of Claim [1a] which discusses how the caterpillars in the PM-565 and PM-465 and the
`wheels in Neumeier each have a working cylinder (hydraulic cylinder) that rigidly connects it to the
`vehicle body. These hydraulic cylinders can be used to adjust the height of the caterpillars or wheels
`with respect to the vehicle body.
`
`The PM-565 and PM-465 both include a working roller or rotor supported from the chassis between
`the front caterpillars and rear caterpillars and extending transversely to the forward direction as seen in
`Figure 25 and Figure 26.
`The working roller is located in the roller box, as annotated below, shows the rotor box containing the
`rotor supported from the chassis between the front caterpillars and the rear caterpillars.
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`2111403.000 - 9486
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 34 of 43 PageID #: 19014
`HIGHLY CONFIDENTIAL - ATTORNEYS’ EYES ONLY
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`Working roller
`inside rotor box
`
`Rear right
`caterpillar
`
`Rear left
`caterpillar
`
`Front right
`caterpillar
`
`Front left
`caterpillar
`
`Figure 25.
`
`Annotated photo of a PM-565 cold planer (EXPONENT_0000958) showing the
`working roller supported from the chassis between the front caterpillars and the
`rear caterpillars.
`
`
`
`Front right
`caterpillar
`
`Front left
`caterpillar
`
`Working roller
`inside rotor box
`
`
`Rear right
`caterpillar
`
`Rear left
`caterpillar
`
`Figure 26.
`
`
`Annotated photo of a PM-465 cold planer photo (EXPONENT_0001465) from
`Minerbio inspection showing the working roller supported from the chassis
`between the front caterpillars and the rear caterpillars.
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`2111403.000 - 9486
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 35 of 43 PageID #: 19015
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`This was confirmed during the Minerbio inspection, as shown in Figure 27 and Figure 28 below.
`
`Figure 27.
`
`Photograph of a PM-565 working roller (EXPONENT_0001184)
`taken at my Minerbio inspection.
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`
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`2111403.000 - 9486
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`Case 1:17-cv-00770-JDW Document 224-17 Filed 10/05/23 Page 36 of 43 PageID #: 19016
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`Figure 28. Photograph of a PM-465 working roller (EXPONENT_0000893)
`taken at my Minerbio inspection.
`
`
`
`
`
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`This rotor works the ground/traffic surface by milling the material. As detailed in the PM-565 Service
`Training Meeting Guide, “The rotor on the PM-565 has three flightings….[a]s the material is being
`milled, the flightings auger the material to the center of the rotor where it is picked up by the
`conveyor” (CAT-770_065297, p. 94/182).
`
`An illustration of the PM-565 working roller and a photo of the