Case 1:17-cv-00770-JDW Document 250-88 Filed 10/25/23 Page 1 of 6 PageID #: 28916
`Case 1:17-cv-00770-JDW Document 250-88 Filed 10/25/23 Page 1 of 6 PagelD #: 28916
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`EXHIBIT 85
`EXHIBIT 85
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`

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`Case 1:17-cv-00770-JDW Document 250-88 Filed 10/25/23 Page 2 of 6 PageID #: 28917
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`815104
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`I Of
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`ratAtobiumwsitrininstt pimgEnsi simmArlonght
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`UNITED STATES DEPARTMENT OF COMMERCE
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`United States Patent and Trademark Office
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`September 21 2021
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`THIS IS TO CERTIFY THAT ANNEXED IS A TRUE COPY FROM THE
`RECORDS OF THIS OFFICE OF THE FILE WRAPPER AND CONTENTS
`OF
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`APPLICATION NUMBER 15934603
`FILING DATE March 23 2018
`PATENT NUMBER RE48268
`ISSUE DATE October 20 2020
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`avr oF
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`Certified by
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`Under Secretary of Commerce
`for intellectual Property
`and Director of the United States
`Patent and Trademark Office
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`WA
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`0007038
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`

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`Case 1:17-cv-00770-JDW Document 250-88 Filed 10/25/23 Page 3 of 6 PageID #: 28918
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`Reissue Of 8408659
`Issued April 2 2013
`Customer No 23456
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`date of the 659 patent a routine matter for a POSITA See Yur
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`Declaration at paragraph 46 and the supporting evidence cited
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`therein See Busley Declaration at paragraphs 3138
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`5 A POSITA would have understood the disclosure as describing an
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`example of supports of higher spring stiffness as a rigid
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`mounting This would be understood by a POSITA as describing
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`the typical rigid mounting of drive train components by bolting
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`those components to the machine frame without
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`the use of an
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`elastomeric element See Yur Declaration at paragraph 45 and 47
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`48 and the supporting evidence cited therein See Busley
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`Declaration at paragraphs 2627
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`Again it must be remembered that the issues raised by the written
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`description rejection are determined by what a POSITA would have understood
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`from the original disclosure Both Mr Busley and Mr Yur have provided
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`substantial
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`information about
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`the background knowledge of the POSITA that would
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`influence the POSITAs understanding of the disclosure found in the 659 patent
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`See citations to the Busley and Yur declarations in the summary above
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`It is also significant
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`to note that Mr Busleys testimony and corroborating
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`documents referred to by him clearly show that the inventors were in actual
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`possession of the invention as claimed and that these features were included in
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`54
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`WA
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`0012890
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`

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`Case 1:17-cv-00770-JDW Document 250-88 Filed 10/25/23 Page 4 of 6 PageID #: 28919
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`ApplicationControl Number 15934603
`Art Unit 3993
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`Page 3
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`Add the following new paragraph between lines 42 and 43 of column 5
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`As shown in Fig 2 an output axis of the drive engine 10 is aligned with an input
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`axis of the clutch 14 and with an input axis of the drive pulley 11 prior to operation of
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`the construction machine The articulated coupling device 20 accommodates a lack of
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`precise alignment between the output axis of the drive engine 10 and the input axes of
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`the clutch 14 and the drive pulley 11 due to dynamic movement of the drive engine
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`10 relative to the second group 5 during operation of the construction machine
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`IN THE CLAIMS
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`Amend claims 1 8 12 14 22 29 30 32 33 and 35 as follows
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`1
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`Four Times Amended A method of operating a construction machine the
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`construction machine including a machine frame carried by a chassis a working drum
`and a drive train the drive train including at least a drive engine component a traction
`for driving the working drum a clutch component and a hydraulic
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`drive component
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`pump drive component and a traction drive for driving the working drum including a
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`drive pulley a driven pulley attached to the working drum and a drive belt connecting
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`the pulleys the method comprising
`a driving a subset of the components of the drive train from the drive engine
`component with an articulated coupling connected between the drive engine
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`component and the subset of the components
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`the subset
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`including at least the
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`drive pulley of the traction drive component for driving the working drum
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`the dutch component and the hydraulic pump drive component with the
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`clutch component beiktglocated between the hydraulicaump drive component
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`and the drive pulley
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`b supporting the drive engine component
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`from the machine frame elastically
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`with a first spring stiffness and
`c supporting the subset of the components from the machine frame in a rigid
`manner or with a second spring stiffness the second spring stiffness being
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`relatively higher than the first spring stiffness
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`WA
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`0014045
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`

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`Case 1:17-cv-00770-JDW Document 250-88 Filed 10/25/23 Page 5 of 6 PageID #: 28920
`Application No 15934603
`Continuation Sheet PTOL413B
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`Continuation of Substance of Interview including description of the general nature of what was agreed
`to if an agreement was reached or any other comments
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`The examiner explained that the amendments filed with the request for continued examination RCE
`to overcome all of a the rejections under 35 USC 112 and b the objections to
`on 13 July 2020 fail
`the specification The examiner suggested amendments to the specification and the claims in order to
`place the application in condition for allowance See the Attachment
`to Interview Summary which
`shows the amendments suggested by the examiner together with an explanation of the reasons for
`these suggested amendments
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`Applicants representative approved the suggested amendments for entry via Examiners Amendment
`The applicants amendments to the specification filed on 13 July 2020 will not be entered since
`alternative amendments to the specification are included in the Examiners Amendment
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`WA
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`0014057
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`

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`Case 1:17-cv-00770-JDW Document 250-88 Filed 10/25/23 Page 6 of 6 PageID #: 28921
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`EXPLANATION
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`The applicants response filed on July 13 2020including the claim amendments and the
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`evidence submitted in the form of two Rule 132 declarations overcomes a number of the
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`rejections set forth in the final Office action mailed on January 29 2020 However from the
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`examiners viewpoint
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`the applicants response fails to overcome the following matters
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`I The issue of new matter recited in the new paragraph added to the specification after line
`2 of column 5 ie the parallel and coaxial
`in the claims and now added to the specification In order to resolve this issue the
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`relationships of axes previously recited
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`suggested amendments add two paragraphs to the specification that more closely follow
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`the original disclosure of the invention including the disclosure found at column 2 lines
`2844 and at column 4 line 52 to column 5 line 2
`2 The issue of new matter recited in independent claims 1 12 14 and 15 ie the
`parallel and coaxial relationships of axes previously recited in these claims In order
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`to resolve this issue the suggested amendments amend independent claims 1 12 14 and
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`35 in order to more closely follow the original disclosure of the invention including the
`disclosure found at column 2 lines 2844 and at column 4 line 52 to column 5 line 2
`3 The contradictory definitions in independent claims 1 and 12 of the traction drive
`component as a being a part of the subset of components supported with a second
`spring stiffness and b including the driven pulley which is not disclosed as being
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`supported with a second spring stiffness In order to resolve this issue the suggested
`amendments amend independent claims 1 and 12 to define a a traction drive including
`a drive pulley a driven pulley and a drive belt connecting the pulleys and b the drive
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`pulley as being part of the subset of components supported with a second spring
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`stiffness Corresponding changes are made to claims 8 32 and 33
`4 The contradictory definitions of the subset of components as being supported with a
`spring stiffness in independent claim 1 but as being supported rigidly in dependent
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`claim 3 In order to resolve this issue the suggested amendments amend independent
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`claim 1 to define the support as being either in a rigid manner or with a spring stiffness
`A similar alternative limitation is already found in independent claims 14 and 35
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`WA
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`0014081
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`