Case 1:17-cv-00770-JDW Document 229-6 Filed 10/05/23 Page 1 of 9 PageID #: 23231
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`Exhibit 56
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`Exhibit 56
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`Case 1:17-cv-00770-JDW Document 229-6 Filed 10/05/23 Page 2 of 9 PageID #: 23232
`Inter Partes Review
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`U.S. Patent No. 9,656,530
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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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`Caterpillar, Inc.
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`Petitioner
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`v.
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`Wirtgen America, Inc.
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`Patent Owner
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`Patent No. 9,656,530
`Filing Date: April 10, 2015
`Issue Date: May 23, 2017
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`Title: Automotive Construction Machine,
`as Well as Lifting Column for a Construction Machine
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`Case No. IPR2017-02188
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`PETITION FOR INTER PARTES REVIEW
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`Case 1:17-cv-00770-JDW Document 229-6 Filed 10/05/23 Page 3 of 9 PageID #: 23233
`Inter Partes Review
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`U.S. Patent No. 9,656,530
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`This figure illustrates leg assembly 22 comprising a vertical outer cylinder
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`110, which is closed at its upper end by an end cap 112, and is partially closed at
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`its lower end by a lower closure member 114. Ex.1105, 7:15–24. Member 114
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`comprises a flange portion 116 and an upward-extending cylindrical wall portion
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`118 closely received within the vertical outer cylinder 110. Id., 7:24–29. A hollow
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`tubular member 120 is coaxially received in the vertical outer cylinder 110 at its
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`lower end in an unsecured manner, and thus is permitted to move up and down
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`within the vertical outer cylinder 110 as the tubular member 120 is drawn into or
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`retracted therefrom. Id., 7:36–46. Through this configuration, Swisher implements
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`vertical adjustment of the leg assemblies through the extension and retraction of a
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`hydraulic cylinder 136 internally disposed within the tubular member 120. Id.,
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`8:40–45.
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`2. Glasson
`U.S. Patent No. 6,234,061 to Glasson (“Glasson”) issued May 22, 2001.
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`Ex.1106. Glasson is prior art to the ’530 patent under 35 U.S.C. § 102(b).
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`Glasson describes a sensor mountable within a hydraulic cylinder that
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`provides a precision signal indicative of the position of the piston. The sensor
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`includes a flexible connector attached between the cylinder piston and a converting
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`element for sensing the displacement of the piston. Id., Abstract. Glasson expressly
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`teaches several advantages of placing sensors within hydraulic cylinders (as
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`Case 1:17-cv-00770-JDW Document 229-6 Filed 10/05/23 Page 4 of 9 PageID #: 23234
`Inter Partes Review
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`U.S. Patent No. 9,656,530
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`compared to another, external location). See, e.g., id., 2:21–29 (improving the cost
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`and longevity of the sensor by avoiding the harsh external environments).
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`Annotated Figure 2 is illustrated below:
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`Hydraulic cylinder 200—used in a feedback control system (Figure 1,
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`element 100)—comprises a cylinder enclosure 210 and a piston 212 operable to
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`translate depending upon the hydraulic fluid pumped into the cylinder. Id., 3:49–
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`4:3. The enclosure 210 further includes a base 214 and a precision sensor 218,
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`which provides a position-related signal across the terminals 219 and 222. Id., 4:3–
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`6. The sensor 218 further comprises a flexible connector 216 attached to the piston
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`212 and a converting element 220 for converting displacement of the piston to a
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`proportional displacement of a translating member (not shown). Id., 4:11–19. A
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`Case 1:17-cv-00770-JDW Document 229-6 Filed 10/05/23 Page 5 of 9 PageID #: 23235
`Inter Partes Review
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`U.S. Patent No. 9,656,530
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`B. Ground 1: The Combination of Swisher in view of Glasson
`Renders Claims 1, 2, 15, 21, 24, and 26 Obvious
`Swisher discloses a construction machine that has four lifting columns that
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`support the machine on ground-engaging tracks. These lifting columns incorporate
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`a controller and hydraulic actuators that automatically position the frame at various
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`heights relative to the ground. Swisher also discloses using elevation sensors to
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`monitor the height of the machine. These sensors, however, are located on the
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`machine frame.
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`Glasson discloses in-cylinder sensors for lifting columns that obtain
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`information on the current lifting position of the column. One of ordinary skill
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`would merely need to incorporate Glasson’s in-cylinder sensors into Swisher’s
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`road construction machine to arrive at the claimed invention (in particular,
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`independent claim 1). Glasson provides express motivation to combine these
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`references in this way, and one of ordinary skill would have a reasonable
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`expectation of success in doing so.
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`1.
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`A Skilled Artisan Would Have Been Motivated to Combine
`Swisher and Glasson
`A skilled artisan would have been motivated to combine Swisher with
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`Glasson for several reasons.
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`First, as an initial matter, Swisher and Glasson are analogous art, belong to
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`the same field of endeavor, and include elevation sensors and hydraulic cylinders
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`Case 1:17-cv-00770-JDW Document 229-6 Filed 10/05/23 Page 6 of 9 PageID #: 23236
`Inter Partes Review
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`U.S. Patent No. 9,656,530
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`position or motion of the translation member. Ex.1106, 4:4–21, FIG. 2; see also
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`Section V.B.3.i, supra. The transducer is an LVDT that includes “inductive or
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`capacitive sensors”—i.e., inductive path measuring devices. Ex.1106, 6:39–47;
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`Ex.1150, ¶133.
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`Based on these disclosures, a skilled artisan would understand that the
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`Swisher-Glasson combination teaches a sensor as including inductive path
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`measuring devices in accordance with this claim. Ex.1150, ¶¶131–34.
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`C. Ground 2: The Combination of Swisher and Glasson in further
`view of Davis Renders Claims 3, 4, 14, 16–20, and 22–23 Obvious
`The combination of Swisher and Glasson teaches a construction machine
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`with in-cylinder sensors for automatically adjusting the machine’s height based on
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`lifting-column position. See Section V.B, supra. Davis discloses methods for
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`integrated management of the cutting parameters of a road scarifier that includes
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`storing and displaying current and preset spatial configurations of the machine.
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`Davis further discloses adjusting the spatial configuration of the machine in
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`accordance with particular parameters—i.e., raising and lowering its lifting
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`columns in accordance with specific settings. One of ordinary skill would merely
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`need to incorporate Davis’s control devices and displays into the combined
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`Swisher-Glasson road construction device to arrive at the claimed invention. Davis
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`provides express motivation in combining these references, and one of ordinary
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`skill would have a reasonable expectation of success in doing so.
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`Case 1:17-cv-00770-JDW Document 229-6 Filed 10/05/23 Page 7 of 9 PageID #: 23237
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`U.S. Patent No. 9,656,530
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`Further, Glasson describes a hydraulic cylinder 200 (lifting column)
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`comprising a cylinder enclosure 210 and a piston 212. Ex.1106, 3:65–4:1; see
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`Section V.B.3.i, supra.
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`Davis describes an indicator device. See Section V.C.3, supra. Each sensor’s
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`13, 14, 18 measurement is transmitted to its respective data processing systems 16,
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`17, 19 and displayed to the operator on displays 161, 171, 191 (collectively,
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`indicator device), respectively. Ex.1107, ¶¶[0035–37]. Because the combination of
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`Swisher and Glasson includes a sensor on each hydraulic cylinder, their
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`combination with Davis would result in a system that includes an indicator device
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`that displays the position of the two front and two rear lifting columns. Ex.1150,
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`¶¶187–90.
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`Based on these disclosures, a skilled artisan would understand that the
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`Swisher-Glasson combination in further view of Davis teaches an indicator device,
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`and two rear and two front lifting columns in accordance with this claim. Id.,
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`¶¶187–91.
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`D. Ground 3: The Combination of Swisher and Glasson in further
`view of Hosseini Renders Claims 5–7 and 13 Obvious
`The Swisher-Glasson combination teaches a construction machine with in-
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`cylinder sensors for automatically adjusting the machine’s height based on lifting-
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`column position. See Sections V.A.1–2, supra. Hosseini discloses methods for
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`controlling a hydraulic implement that includes setting predetermined limits,
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`Case 1:17-cv-00770-JDW Document 229-6 Filed 10/05/23 Page 8 of 9 PageID #: 23238
`Inter Partes Review
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`U.S. Patent No. 9,656,530
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`Dated: October 19, 2017
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`Respectfully submitted,
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`By: /Joshua L. Goldberg/
`Joshua L. Goldberg, Lead Counsel
`Reg. No. 59,369
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`Case 1:17-cv-00770-JDW Document 229-6 Filed 10/05/23 Page 9 of 9 PageID #: 23239
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`CERTIFICATE OF SERVICE
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`The undersigned certifies that the foregoing Petition for Inter Partes
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`Review, the associated Power of Attorney, and Exhibits 1001, 1102–1112, 1114–
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`1118, and 1150 were served on October 19, 2017, by Express Mail at the following
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`address of record for the subject patent:
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`Lucian Beavers
`Patterson Intellectual Property Law, P.C.
`1600 Division Street, Suite 500
`Nashville, TN 37203
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`By: /Lisa C. Hines/
`Lisa C. Hines
`Litigation Clerk
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`FINNEGAN, HENDERSON, FARABOW,
`GARRETT & DUNNER, LLP
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`Dated: October 19, 2017
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