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Case 1:17-cv-00770-JDW Document 250-69 Filed 10/25/23 Page 1 of 6 PageID #: 27921
`Case 1:17-cv-00770-JDW Document 250-69 Filed 10/25/23 Page 1 of 6 PagelD #: 27921
`
`EXHIBIT 66
`EXHIBIT 66
`
`

`

`Case 1:17-cv-00770-JDW Document 250-69 Filed 10/25/23 Page 2 of 6 PageID #: 27922
`
`N159664
`
`,W,S;
`
`TES'i.OFA'kILI
`
`TeALIVEWNIWarillirliSU
`
`tSAMillb(40Algil
`
`UNITED STATES DEPARTMENT OF COMMERCE
`
`United States Patent and Trademark Office
`
`September 21, 2021
`
`THIS IS TO CERTIFY THAT ANNEXED IS A TRUE COPY FROM THE
`RECORDS OF THIS OFFICE OF THE FILE WRAPPER AND CONTENTS
`OF:
`
`APPLICATION NUMBER: 12/225,792
`FILING DATE: September 30, 2008
`PATENT NUMBER: 7946788
`ISSUE DATE: May 24, 2011
`
`Certified h%
`
`Under Secretary of Commerce
`for Intellectual Property
`and Director of the United States
`Patent and Trademark Office
`
`WA-0001860
`
`

`

`Case 1:17-cv-00770-JDW Document 250-69 Filed 10/25/23 Page 3 of 6 PageID #: 27923
`
`IN THE CLAIMS:
`
`This following list of claims will replace all prior versions of claims in the
`above-identified application:
`
`List of Claims
`
`1.
`
`(Original) Road construction machine (1) for the treatment of road
`surfaces with a milling drum (3) height-adjustable with regard to the
`milling depth, with a Leveling device (4) with at least one controller (6a,
`6c) which receives set values for the milling depth and/or the slope of the
`milling drum (3), and with at least one exchangeable sensor (A, B, C) or
`with several switchable sensors for registering the current actual value
`of the milling depth and/or the slope of the milling drum (3) relative to
`a reference surface, where the controller (6a, 6c) effects a milling depth
`control and/or a slope control for the milling drum (3) conditional on pre-
`determined set values and the currently measured actual values of the
`at least one sensor (A, B, C) by returning an adjustment value for
`achieving or maintaining the set value during the milling operation, and
`where the Leveling device (4) is provided with an indication and setting
`device (2) for indicating and setting operating parameters for the at least
`one sensor (A, B, C),
`
`characterized
`
`in that
`
`the indication and setting device (2) of the Leveling device (4), in addition
`to an indication and setting unit (2a, 2c) provided for the at least one
`sensor (A, C) currently in use, is provided with an additional indication
`and setting unit (2b) for a selectable sensor (B) which is to be exchanged
`for the sensor (A, C) currently in use.
`
`3
`
`WA-0001894
`
`

`

`Case 1:17-cv-00770-JDW Document 250-69 Filed 10/25/23 Page 4 of 6 PageID #: 27924
`
`6.
`
`7.
`
`8.
`
`(Currently Amended) Road construction machine in accordance with
`one of the claims 2 to 5 claim 2, characterized in that the switchover
`device is provided with an indication and setting device (2) which enables
`a pre-selection of the other sensor (B) and the pre-setting of operating
`parameters of the other sensor (B).
`
`(Currently Amended) Road construction machine in accordance with
`one of the claims 2 to G claim 2, characterized in that the Leveling device
`(4) is provided with two controllers (6a, 6c), the sensors (A, C) of which
`are arranged parallel to the rotating axis of the milling drum (3) at a
`lateral distance to one another, and which control the milling depth
`independently of one another on the left and right side of the machine
`(1).
`
`(Original) Leveling device (4) for a height-adjustable milling drum (3)
`of a road construction machine (1) in accordance with claim 1, with at
`least one controller (6a, 6c) which receives memorizable set values for
`the milling depth and/or the slope of the milling drum (3), and with at
`least one exchangeable sensor (A, B, C) or with several switchable
`sensors (A, B, C) for registering the current actual value of the milling
`depth and/or the slope of the milling drum (3) relative to a chosen
`reference surface, where the controller (6a, 6c) effects a milling depth
`control and/or a slope control for the milling drum (3) conditional on pre-
`determined set values and the currently measured actual values by
`returning an adjustment value for achieving or maintaining the set value
`for the milling depth and/or milling slope during the milling operation,
`where the Leveling device (4) is provided with an indication and setting
`device (2) for setting operating parameters for the at least one sensor (A,
`B, C),
`
`characterized
`
`in that
`
`5
`
`WA-0001896
`
`

`

`Case 1:17-cv-00770-JDW Document 250-69 Filed 10/25/23 Page 5 of 6 PageID #: 27925
`
`13.
`
`(Original) Method for controlling the milling depth or milling slope of the
`milling drum (3) of a road construction machine (1) by registering the
`current actual value of the miffing depth and/or the slope of the milling
`drum (3) relative to a reference surface using at least one exchangeable
`or switchable sensor (A, B, C), where a milling depth control and/or a
`slope control for the milling drum (3) is effected conditional on pre-
`determined set values and currently measured actual values during the
`milling operation by returning an adjustment value for achieving or
`maintaining the set value,
`
`characterized
`
`in that
`
`when exchanging a currently used sensor (A, C) for a pre-selected other
`sensor (B), the control of the milling depth and/or the slope is effected,
`without interruption of the milling operation, by setting the set values and
`actual values of the sensor (B) by means of an additional indication and
`setting unit (2b), prior to switchover, in such a fashion that the current
`adjustment value for the setting of the milling depth and/or for the
`setting of the slope of the milling drum (3) is not altered in an erratic
`fashion.
`
`14.
`
`(Original) Method in accordance with claim 13, characterized in that,
`when switching over from the last used sensor (A; C) to the pre-selected
`other sensor (B), the current actual value of the other sensor (B) is set
`to the same, last measured actual value of the last used sensor (A; C).
`
`15.
`
`(Original) Method in accordance with claim 14, characterized in that,
`when switching over from the last used sensor (A; C) to the pre-selected
`sensor (B), the currently pre-determined set value is set to the actual
`value of the other sensor (B).
`
`7
`
`WA-0001898
`
`

`

`Case 1:17-cv-00770-JDW Document 250-69 Filed 10/25/23 Page 6 of 6 PageID #: 27926
`
`Application/Control Number: 12/225,792
`Art Unit: 3671
`
`Page 2
`
`DETAILED ACTION
`
`Claim Rejections - 35 USC § 102
`
`1.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(b) the invention was patented or described in a printed publication in this or a foreign country or in
`public use or on sale in this country, more than one year prior to the date of application for patent in
`the United States.
`Claims 1-19 are rejected under 35 U.S.C. 102(b) as being anticipated by EP 1,154,075
`
`A2 reference to Davis et al.
`
`Davis et al. discloses a road construction machine (1) such as a milling machine
`
`comprising:
`
`A height adjustable milling drum (11) capable of varying the depth of cut.
`
`A leveling device (13-20) with at least one controller (16, 17) which receives set values
`
`for the milling depth and/or slope of the milling drum. See Paras. [0022-000030].
`
`Wherein the current actual value of the milling depth is determined using at least one
`
`exchangeable sensor (18). Said controller (20) effects the milling depth and slope of
`
`the milling drum (11) based on a comparison of the actual depth and slope of the milling
`
`drum, relative to the set values of depth and slope of cut. And then sending an
`
`adjustment signal to actuators (21, 22). See [0034-0036].
`
`The indication and setting device (20) of the leveling device (13-20) in addition to an
`
`indication and setting unit (16, 17) provided for the at least one sensor (13, 14) is
`
`provided with an additional indication and setting unit (19) for a selectable sensor (18)
`
`which is to be exchanged for the sensor (13, 14).
`
`WA-0002017
`
`

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