Case 1:17-cv-00770-RGA-MPT Document 33-1 Filed 09/02/21 Page 1 of 63 PageID #: 2501
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`WIRTGEN AMERICA, INC.,
`
`Plaintiff,
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`v.
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`CATERPILLAR INC.,
`
`Defendant.
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`C.A. No. 17-770-RGA
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`JURY TRIAL DEMANDED
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`
`EXHIBITS TO AMENDED COMPLAINT
`VOLUME I – EXHIBITS 27 - 30
`
`
`
`
`
`YOUNG CONAWAY STARGATT &
`TAYLOR, LLP
`Adam W. Poff (No. 3990)
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`(302) 571-6600
`apoff@ycst.com
`
`
`Attorneys for Plaintiff
`
`
`Dated: September 2, 2021
`
`OF COUNSEL:
`
`PATTERSON INTELLECTUAL PROPERTY
`LAW, P.C.
`Ryan D. Levy
`Seth R. Ogden
`William E. Sekyi
`Scott M. Douglass
`Dominic A. Rota
`Mark A. Kilgore
`John F. Triggs
`1600 Division Street, Suite 500
`Nashville, Tennessee 37203
`(615) 242-2400
`rdl@iplawgroup.com
`sro@iplawgroup.com
`wes@iplawgroup.com
`smd@iplawgroup.com
`dar@iplawgroup.com
`mak@iplawgroup.com
`jft@iplawgroup.com
`
` - and -
`
`STERNE, KESSLER, GOLDSTEIN & FOX,
`
`

`

`Case 1:17-cv-00770-RGA-MPT Document 33-1 Filed 09/02/21 Page 2 of 63 PageID #: 2502
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`PLLC
`Daniel E. Yonan
`Paul A. Ainsworth
`R. Wilson Powers III
`Kyle E. Conklin
`Dallin Glenn
`Deirdre M. Wells
`Richard J. Uberto Jr.
`Davin B. Guinn
`1100 New York Ave., NW, Suite 600
`Washington, DC 20005
`(202) 371-2600
`dyonan@sternekessler.com
`painsworth@sternekessler.com
`tpowers@sternekessler.com
`kconklin@sternekessler.com
`dglenn@sternekessler.com
`dwells@sternekessler.com
`ruberto@sternekessler.com
`dguinn@sternekessler.com
`
`
`
`
`28555829.1
`
`

`

`Case 1:17-cv-00770-RGA-MPT Document 33-1 Filed 09/02/21 Page 3 of 63 PageID #: 2503
`Case 1:17-cv-00770-RGA-MPT Document 33-1 Filed 09/02/21 Page 3 of 63 PagelD #: 2503
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`EXHIBIT 27
`EXHIBIT 27
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`

`

`( 19 ) United States
`( 12 ) Reissued Patent
`Busley et al .
`
`USOORE48268E
`
`US RE48,268 E
`( 10 ) Patent Number :
`( 45 ) Date of Reissued Patent :
`Oct. 20 , 2020
`
`( 54 ) CONSTRUCTION MACHINE , IN
`PARTICULAR ROAD MILLING MACHINE ,
`RECYCLER OR STABILIZER , AS WELL AS
`DRIVE TRAIN FOR CONSTRUCTION
`MACHINES OF THIS TYPE
`( 71 ) Applicant : Wirtgen GmbH , Windhagen ( DE )
`( 72 ) Inventors : Peter Busley , Linz / Rhein ( DE ) ; Dieter
`Simons , Buchholz ( DE )
`( 73 ) Assignee : Wirtgen GmbH ( DE )
`( 21 ) Appl . No .: 15 / 934,603
`( 22 ) Filed :
`Mar. 23 , 2018
`Related U.S. Patent Documents
`
`Reissue of :
`8,408,659
`( 64 )
`Patent No .:
`Apr. 2 , 2013
`Issued :
`12 / 985,400
`Appl . No .:
`Jan. 6 , 2011
`Filed :
`U.S. Applications :
`( 63 ) Continuation of application No. 11 / 918,247 , filed as
`application No. PCT / EP2006 / 060907 on Mar. 21 ,
`2006 , now Pat . No. 7,891,742 .
`Foreign Application Priority Data
`( 30 )
`Apr. 15 , 2005 ( DE )
`10 2005 017 754
`( 51 ) Int . Ci .
`E01C 23/088
`E01C 23/12
`
`( 2006.01 )
`( 2006.01 )
`( Continued )
`( 52 ) U.S. Ci .
`E01C 23/088 ( 2013.01 ) ; BOOK 17/02
`CPC
`( 2013.01 ) ; B60K 17/04 ( 2013.01 ) ; B60K 17/28
`( 2013.01 ) ;
`( Continued )
`( 58 ) Field of Classification Search
`CPC E01C 23/088 ; E01C 23/085 ; E01C 23/127 ;
`E01C 23/122 ; E21C 27/24 ; E21C 31/02 ;
`( Continued )
`
`( 56 )
`
`References Cited
`U.S. PATENT DOCUMENTS
`
`1,445,617 A
`3,414,327 A *
`
`2/1923 Jehu
`12/1968 Austin
`
`( Continued )
`FOREIGN PATENT DOCUMENTS
`
`E01C 23/088
`299 / 1.5
`
`AT
`CH
`
`7/1994
`397826 B
`606626 A5 11/1978
`( Continued )
`
`OTHER PUBLICATIONS
`English translation of CH - 606626 - A5 accessed at < http : //
`translationportal.epo.org/emtp/translate/?ACTION=description
`retrieval & COUNTRY = CH & ENGINE = google & FORMAT = docdb
`& KIND = A5 & LOCALE = en_EP & NUMBER = 606626 & OPS = ops .
`epo.org/3.2&SRCLANG=de&TRGLANG=en>*
`( Continued )
`Primary Examiner Peter C English
`( 74 ) Attorney , Agent , or Firm Lucian Wayne Beavers ;
`Patterson Intellectual Property Law , PC
`( 57 )
`ABSTRACT
`A construction machine , in particular road milling machine ,
`recycler or stabilizer , with a machine frame ( 4 ) that is carried
`by a chassis ( 2 ) with a working drum ( 6 ) and a drive train
`( 8 ) comprising at the least a drive engine ( 10 ) , a traction
`mechanism ( 12 ) for the mechanical drive of the working
`drum ( 6 ) with a drive element , an output element and a
`traction element ( 30 ) , a device ( 14 ) for switching the torque
`between the drive engine ( 10 ) and working drum ( 6 ) , and
`device ( 16 ) for driving at least one hydraulic pump ; it is
`provided that elements of the drive train ( 8 ) are divided into
`at least two groups , the first group ( 3 ) shows at least the
`drive engine ( 10 ) , the second group ( 5 ) shows at least the
`drive element ( 11 ) of the traction mechanism , and where the
`first and the second groups ( 3 , 5 ) are connected to one
`another via an articulated coupling device ( 20 ) .
`39 Claims , 3 Drawing Sheets
`
`Case 1:17-cv-00770-RGA-MPT Document 33-1 Filed 09/02/21 Page 4 of 63 PageID #: 2504
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`26 18
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`20
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`28
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`5
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`17
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`22
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`18
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`22
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`-24
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`

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`US RE48,268 E
`Page 2
`
`( 2006.01 )
`( 2006.01 )
`( 2006.01 )
`( 2006.01 )
`
`( 51 ) Int . Ci .
`BOOK 17/02
`B60K 17/04
`BOOK 17/28
`BOOK 25/02
`( 52 ) U.S. Cl .
`E01C 23/127 ( 2013.01 ) ; B60K 2025/022
`CPC
`( 2013.01 )
`( 58 ) Field of Classification Search
`CPC .. E21C 31/06 ; E02F 3/20 ; E02F 3/283 ; E02F
`3/84 ; E02F 9/20 ; E02F 9/22 ; E02F
`9/2292 ; B6OK 2025/022 ; B6OK 25/02 ;
`B60K 17/02 ; B60K 17/04 ; B60K 17/28
`See application file for complete search history .
`References Cited
`U.S. PATENT DOCUMENTS
`3,779,608 A
`12/1973 Hatcher et al .
`3,796,462 A
`3/1974 Staab
`4,193,636 A
`3/1980 Jakob
`4,343,513 A
`8/1982 Godbersen
`
`( 56 )
`
`4,929,121 A
`4,934,978 A
`5,203,388 A
`5,378,080 A
`5,383,743 A
`5,657,803 A
`5,809,985 A
`6,877,818 B1
`7,891,742 B2 *
`2004/0021364 Al
`2004/0231910 Al
`2004/0237490 A1
`2005/0016304 Al *
`
`5/1990 Lent et al .
`6/1990 Arzberger et al .
`4/1993 Bowling
`1/1995 Dickson
`1/1995 Swisher , Jr.
`8/1997 Kappel et al .
`9/1998 Kingsley et al .
`4/2005 Gaertner et al .
`2/2011 Busley et al .
`2/2004 Busley et al .
`11/2004 Mercier et al .
`12/2004 Yasuda et al .
`1/2005 Ishii et al .
`
`EO1C 23/088
`172/3
`
`299 / 39.1
`
`BOOK 17/28
`74 / 15.4
`
`Case 1:17-cv-00770-RGA-MPT Document 33-1 Filed 09/02/21 Page 5 of 63 PageID #: 2505
`
`FOREIGN PATENT DOCUMENTS
`
`CN
`DE
`DE
`DE
`DE
`EP
`EP
`EP
`WO
`
`1143919 A
`2331588 A1
`3149768 A1
`10031195 C1
`10300745 A1
`0080831 A1
`305658 A1
`1875004 B1
`WO - 0201005 AL *
`
`2/1997
`1/1975
`6/1983
`1/2002
`7/2004
`6/1983
`3/1989
`7/2010
`1/2002
`
`E01C 23/088
`
`OTHER PUBLICATIONS
`English translation of DE - 3149768 - Al accessed at < http : //
`translationportal.epo.org/emtp/translate/?ACTION=description
`retrieval & COUNTRY = DE & ENGINE = google & FORMAT = docdb
`& KIND = A1 & LOCALE = en_EP & NUMBER = 3149768 & OPS = ops .
`epo.org/3.2&SRCLANG=de&TRGLANG=en>*
`English translation of Second Brief of Catepillar ( in Italian litiga
`tion ) ( 41 pages ) ( not prior art ) .
`Parts Manual for PM - 565 dated Nov. 1999 ( 733 pages , uploaded in
`4 parts ) ( Exhibit 79 ) .
`Parts Manual for PM - 565 dated Sep. 2001 ( 1029 pages , uploaded in
`6 parts ) ( Exhibit 80 ) .
`Operation and Maintenance Manual for PM - 565 dated Jan. 1995
`( 152 pages ) ( Exhibit 81 ) .
`Technical Presentation ( STMG ) for PM - 565 dated Aug. 1993 ( 182
`pages , uploaded in 4 parts ) ( Exhibit 82 ) .
`Excerpt from the Disassembly and Assembly : 3408 Engine Supple
`ment manual for PM - 565 dated Jun . 1993 ( 5 pages ) ( Exhibit 83 ) .
`Excerpt from the Disassembly and Assembly : Cold Planer Machine
`Systems manual for PM - 565 dated Jun . 1993 ( 3 pages ) ( Exhibit 84 ) .
`
`Statement by Mr. Michael W. Netka , dated Oct. 19 , 2017 , concern
`ing , among other things : ( i ) the sale of several PM - 565 cold planers
`in the period 1994-1996 ; and ( ii ) Catepillar's Corporate Procedure
`in force during the same period in relation to the supply of technical
`manuals together with each machine sold ( 18 pages ) ( Exhibit 85 ) .
`Excerpt from Catepillar's Corporate Procedure , Aug. 28 , 1991 ,
`concerning the Technical Literature and Technical Information ( 4
`pages ) ( Exhibit 86 ) .
`Catepillar's Factory Notification List , Version No. 274 of Feb. 1995
`( 7 pages ) ( Exhibit 87 ) .
`Catepillar's Factory Notification List , Version No. 293 of Sep. 1996
`( 8 pages . ) ( Exhibit 88 ) .
`Sales invoice for a PM - 565 machine , Serial No. 3TK00096 , dated
`Sep. 15 , 1995 ( 1 page ) ( Exhibit 89 ) .
`Shipping order for a PM - 565 machine , Serial No. 3TK00105 , dated
`Mar. 5 , 1996 ( 1 page ) ( Exhibit 90 ) .
`PM - 565B brochure dated Aug. 1997 ( 8 pages ) ( Exhibit 91 ) .
`PM - 565B brochure dated Jul . 1998 ( 8 pages ) ( Exhibit 92 ) .
`Parts Manual for PM - 565B dated Feb. 2001 ( 951 pages , uploaded
`in 6 parts ) ( Exhibit 93 ) .
`Operating and Maintenance Manual for PM - 565B dated Apr. 2001
`( 172 pages , uploaded in 4 parts ) ( Exhibit 94 ) .
`Technical Presentation ( STMG ) for PM - 565B dated Jul . 1998 ( 216
`pages ) ( Exhibit 95 ) .
`Dissembly and Assembly Manual for PM - 565B dated Oct. 2004
`( 128 pages , uploaded in 4 parts ) ( Exhibit 96 ) .
`Systems Operating Testing & Adjusting manual for PM - 565B dated
`May 2001 ( 52 pages ) ( Exhibit 97 ) .
`Salesgram for PM - 565B dated Jun . 2001 ( 6 pages ) ( Exhibit 98 ) .
`Product Bulletin for PM - 565B dated Sep. 1997 ( 44 pages ) ( Exhibit
`99 ) .
`Bid Specifications for PM - 565B dated Oct. 1999 ( 2 pages ) ( Exhibit
`100 ) .
`Bid Specifications for PM - 565B dated Jun . 2001 ( 4 pages ) ( Exhibit
`101 ) .
`Sale invoices of PM - 565B machines dating between Jul . 25 , 2001
`( Serial No. 8GS0211 ) and Dec. 14 , 2004 ( Serial No. 8GS0267 ) with
`clients name redacted for confidentiality reasons ( 28 pages ) ( Exhibit
`102 ) .
`Excerpts from www.machinerytradeoff.com , www.machinerytrader .
`com , www.usedmachineryfinder.com and www.mascus.co.us ; online
`listings for used Caterpillar PM - 565 and PM - 565B machines manu
`factured before the priority date of EP'004 ( 28 pages ) ( Exhibit 103 ) .
`Excerpts from Catepillar's website relating to technical manuals for
`PM - 565 , PM - 565B and PB - 465 offered for sale to the public ( 3
`pages ) ( Exhibit 104 ) .
`Statement by Mr. Dario Sansone , Product Specialist at Catepillar
`Servizi Italia S.r.l. , dated Mar. 30 , 2018 , concerning the features of
`the PM - 565 and PM - 565B machines ( 6 pages ) ( Exhibit 105 ) .
`Wirtgen First Legal Brief ( Mar. 1 , 2018 ) ( 20 pages ) ( see p . 9-11 )
`( not prior art ) .
`Wirtgen First Technical Brief ( Mar. 6 , 2019 ) ( 122 p . ) ( see p . 46-51 )
`( not prior art ) .
`CAT First Technical Brief EP 1875004 ( Mar. 13 , 2019 ) ( 66 pages )
`( not prior art ) .
`Wirtgen Second Technical Brief ( Apr. 16 , 2019 ) ( 127 p . ) ( see p .
`58-83 ) ( not prior art ) .
`CAT Second Technical Brief ( Apr. 18 , 2019 ) ( 104 pp . ) ( see p .
`23-35 ) ( not prior art ) .
`CAT Third Legal Brief ( Apr. 23 , 2018 ) ( 32 pages ) ( see p . 2-4 ) ( not
`prior art ) .
`Wirtgen Third Legal Brief ( Apr. 23 , 2018 ) ( 30 pages ) ( see p . 15-20 )
`( not prior art ) .
`Doc . 13 — Brochures of Catepillar PM 565 Cold Planer , dated Dec.
`1992 .
`Statement of Defense ( in Italian litigation ) ( 60 pages ) ( not prior art ) .
`English translation of Statement of Defense ( 57 pages ) ( not prior
`art ) .
`CatepillarDoc . 32 : Parts Manual PM - 565 Cold Planer ( 25 pages )
`( Sep. 2001 ) .
`Catepillar Parts Manual PM - 465 Cold Planer , vol . 1 ( Oct. 2000 )
`( uploaded to EFS Web in 2 parts ) .
`
`

`

`US RE48,268 E
`Page 3
`
`( 56 )
`
`References Cited
`OTHER PUBLICATIONS
`Caterpillar Parts Manual PM - 465 Cold Planer vol . II ( Oct. 2000 )
`( uploaded to EFS Web in 2 parts ) .
`Written Opinion of the International Searching Authority in corre
`sponding PCT / EP2006 / 060907 ( 6 pages ) ( not prior art ) .
`CAT Third Technical Brief ( Oct. 16 , 2019 ) ( 39 p . ) ( see p . 16-22 ) ( Eng
`lish translation ) ( not prior art ) .
`Prelimary Technical Report of CTE ( Dec. 23 , 2019 ) ( 114 p . ) ( see p .
`76-90 ) ( English translation ) ( not prior art ) .
`Wirtgen Third Technical Brief ( Oct. 15 , 2019 ) ( 58 p . ) ( See p . 27-36 ) ( Eng
`lish translation ) ( not prior art ) .
`CAT Observations To The Preliminary Report ( Jan. 15 , 2020 ) ( 69
`p . ) ( see p . 48-50 ) ( English translation ) ( not prior art ) .
`Final Technical Report of CTE ( Mar. 27 , 2020 ) ( 148 p . ) ( see p .
`82-90 ) ( English translation ) ( not prior art ) .
`Wirtgen Observations To The Preliminary Report ( Jan. 16 , 2020 ) ( 76
`p . ) ( see p . 49-75 ) ( English translation ) ( not prior art ) .
`Exhibit 1 : Machine Design , “ A second look at gearbox efficiencies ” ,
`Jun . 20 , 2002 ( 2 p . ) .
`Exhibit 3 : Catalog of GMT GmbH , Nov. 2004 ( 138 p . ) ( uploaded in
`3 parts ) .
`Exhibit 4 : Catalog of Phoenix AG , Mar. 2004 ( 89 p . ) ( uploaded in
`2 parts ) .
`Exhibit 5 : Centaflex - A Catalog ( 2004 ) ( 16 p . ) .
`* cited by examiner
`
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`Oct. 20 , 2020
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`U.S. Patent
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`Oct. 20 , 2020
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`Fig.5
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`US RE48,268 E
`
`1
`CONSTRUCTION MACHINE , IN
`PARTICULAR ROAD MILLING MACHINE ,
`RECYCLER OR STABILIZER , AS WELL AS
`DRIVE TRAIN FOR CONSTRUCTION
`MACHINES OF THIS TYPE
`
`2
`The effort to increase the performance results in an
`increased space requirement for the drive engine that needs
`to be accommodated within the pre - determined fixed trans
`port width .
`
`5
`
`SUMMARY OF THE INVENTION
`
`15
`
`20
`
`Matter enclosed in heavy brackets [ ] appears in the
`The purpose of the invention is , therefore , to further
`original patent but forms no part of this reissue specifica
`develop a construction machine of the type first mentioned
`tion ; matter printed in italics indicates the additions 10 above , as well as a drive train for construction machines of
`made by reissue ; a claim printed with strikethrough
`that type , in such a manner that less vibrations from the drive
`indicates that the claim was canceled , disclaimed , or held
`engine are transmitted to the machine frame , with the drive
`invalid by a prior post - patent action or proceeding .
`train being sufficiently rigid at the same time to be capable
`of transmitting high mechanical power .
`The invention provides in an advantageous manner that
`the elements of the drive train are divided into at least two
`This application is a reissue of U.S. patent application Ser .
`No. 12 / 985,400 filed Jan. 6 , 2011 , now U.S. Pat . No.
`groups , that the first group shows , i.e. includes , at least the
`8,408,659 , which is a continuation of U.S. patent application
`drive engine , the second group shows at least the drive
`Ser . No. 11 / 918,247 entitled “ Construction Machine , In
`element of the traction mechanism , and that the first and the
`Particular Road Milling Machine , Recycler Or Stabilizer , As
`second group are connected to one another via an articulated
`Well As Drive Train For Construction Machines Of This
`coupling device . Dividing the drive train into two groups
`Type ” , of Busley et al . , filed Oct. 11 , 2007 , now U.S. Pat .
`makes it possible to support the groups of the drive train
`No. 7,891,742 , which is a U.S. National Stage filing of
`with different degrees of rigidity on the machine frame for
`PCT / EP2006 / 060907 having an international filing date of 25 the purpose of reducing the transmission of vibrations from
`Mar. 21 , 2006 , which claims priority to DE 102005017754.9
`the drive engine to the machine frame . The articulated
`filed Apr. 15 , 2005 .
`coupling device between the first and the second group is
`capable of balancing the different vibrational behavior of the
`BACKGROUND OF THE INVENTION
`first group and the second group due to its articulation ,
`30 without impeding a high transmission of power .
`The invention concerns a construction machine , in par
`In conclusion , this means that the support of the combus
`ticular a road milling machine , a recycler or a stabilizer , as
`tion engine , possibly with further elements of the drive train ,
`well as a drive train for construction machines of this type .
`in the first group may be considerably softer than the support
`Construction machines of this type are known , for
`of the elements of the drive train accommodated in the
`instance , from DE 10031195 C1 . The construction machine 35 second group , which are to be attached to the machine frame
`for working ground surfaces shows a chassis that carries a
`in an as stiff manner as possible or in a rigid manner .
`machine frame . A working drum is driven mechanically by
`The first group with the drive engine is attached to the
`a drive train that comprises a drive engine , a pump transfer
`machine frame elastically with low spring stiffness that
`case , a clutch and a belt drive . The direct mechanical drive
`of the working drum , which consists of a milling drum , can 40 damps the vibrations from the drive engine for the purpose
`of reducing the transmission of vibrations to the machine
`be engaged or disengaged again by means of the clutch .
`frame , and the second group is attached to the machine
`The support of the drive engine must be designed in a very
`frame with high spring stiffness or in a rigid manner .
`stiff manner , as this is also the support for the belt pulley of
`the belt drive on the drive side relative to the machine frame .
`Dividing the drive train into two groups makes it possible
`It is understood that a coaxial , rigidly supported arrange- 45 to achieve in an advantageous manner that , on the one hand ,
`ment of the shafts connecting the elements of the drive train
`the one group that comprises the drive engine , preferably a
`is required and that , with regard to the belt drive , a rigid ,
`combustion engine , is supported in a relatively soft manner
`track - aligned arrangement of the belt pulley on the drive
`at the machine frame , by way of which the vibrations from
`side and on the output side is a basic requirement for the
`the drive engine that are transmitted to the machine frame
`functional performance and long life of such a belt drive . A 50 are damped considerably , and that , on the other hand , the
`soft , elastic support is not feasible in particular for the reason
`other group can be supported at the machine frame with high
`that the belt pulley on the drive side is supported in a
`spring stiffness in a nearly rigid or rigid manner , by way of
`cantilevered manner . This means that the two supporting
`which higher forces are supported and higher outputs are
`points of the support are located on one side of the belt
`transmittable as a result . In doing so , the first and the second
`pulley , with the belt pulley itself projecting freely on that 55 group , which are attached to the machine frame with dif
`side that lies opposite the support .
`ferent degrees of rigidity , are connected to one another via
`Supporting the belt pulley on both sides is not desired
`an articulated coupling device so that a slight dynamic axle
`because of the transport width of the machine that has to be
`offset and / or angular error of the output shaft of the first
`adhered to . The stiff support of the drive train is disadvan
`group with the drive engine is permissible vis - à - vis the drive
`tageous in that vibrations from the drive engine are trans- 60 shaft of the second group .
`mitted to the machine frame to a greater extent . The vibra
`In a preferred embodiment , it is provided that the first
`tions are not only unpleasant for the machine operator , in the
`group comprises at least the drive engine and the device for
`form of the vibrations transmitted to him , but impair the
`driving at least one hydraulic pump , and the second group
`working conditions because larger flat machine components
`comprises the device for switching the torque and / or the
`like , for instance , hoods or tanks , are stimulated to sound 65 support of a drive element of the traction mechanism on the
`vibrations that are disturbing during the operation of the
`drive side , preferably a belt drive . In this embodiment , the
`drive engine is coupled in a rigid manner with the device for
`machine .
`
`Case 1:17-cv-00770-RGA-MPT Document 33-1 Filed 09/02/21 Page 10 of 63 PageID #: 2510
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`

`US RE48,268 E
`
`3
`4
`driving the at least one hydraulic pump , and is supported
`the transfer case is a part of the first group , in which the
`together with that device elastically vis - à - vis the machine
`hydraulic pumps point away from the drive engine , as well
`as in that case in which the transfer case forms the input
`frame .
`The second group shows the device for switching the
`element of the second group , in which the hydraulic pumps
`torque , by means of which the power flow can be inter- 5 project in the direction of the drive engine .
`rupted , and / or the support of the drive element of the traction
`The coupling device permanently couples an output shaft
`mechanism on the drive side . This second group may be
`of the drive engine , or of the first group , with an input shaft
`attached to the machine frame in a rigid or at least nearly
`of the device for driving the at least one hydraulic pump , or
`rigid manner .
`an input shaft of the device for switching the torque , or of
`This embodiment offers the advantage that the device for 10 the second group .
`driving the at least one hydraulic pump , which also gener
`ates vibrations , can be supported together with the drive
`BRIEF DESCRIPTION OF THE DRAWINGS
`engine , preferably a combustion engine , in a soft manner in
`the first group of the drive train . This embodiment offers the
`In the following , embodiments of the invention are
`additional advantage that , in spite of the drive train for the 15
`explained in more detail with reference to the drawings . The
`milling drum being disengaged , the hydraulic supply of the
`following is shown :
`machine is ensured when the drive engine is running . Those
`FIG . 1 a first embodiment of the invention in the example
`elements of the drive train , however , that generate only
`of a road milling machine ,
`slight vibrations are combined in the second group .
`FIG . 2 a second embodiment ,
`In accordance with an alternative embodiment , it may be 20
`provided that the first group comprises at least the drive
`FIG . 3 a third embodiment ,
`engine and the device for switching the torque , and the
`FIG . 4 a fourth embodiment , and
`second group comprises the device for driving at least one
`FIG . 5 a side view of the embodiment in FIG . 4 .
`hydraulic pump and / or the support of a drive element of the
`FIG . 1 shows a schematic cross - section of a construction
`25 machine , and namely in particular a road milling machine ,
`traction mechanism on the drive side .
`In accordance with yet another alternative embodiment , it
`a recycler or a stabilizer with a working drum 6 that is
`is provided that the first group comprises at least the drive
`supported in a machine frame 4. Alternatively , the working
`engine , and the second group comprises the device for
`drum 6 may be supported in a drum housing that is in turn
`driving the at least one hydraulic pump , as well as the device
`firmly attached to the machine frame or may also be sup
`for switching the torque and / or the support of the drive 30 ported to pivot at a machine frame 4. The machine frame 4
`is carried by a chassis that is not depicted in the drawings .
`element of the traction mechanism on the drive side .
`The articulated coupling device may be torsionally rigid .
`The working drum 6 may consist of , for instance , a milling
`drum . The working drum 6 of the construction machine is
`The articulated coupling device may , for instance , be a
`cardan shaft . Alternatively , the articulated coupling device
`driven by a drive train 8 that shows at least the following
`may also be torsionally flexible and may , for instance , be an 35 elements :
`elastomeric coupling .
`The drive train 8 includes a drive engine 10 that prefer
`The device for driving the at least one hydraulic pump and
`ably consists of a combustion engine .
`the device for switching the torque , as well as the support of
`A traction mechanism 12 for the mechanical drive of the
`the drive element of the traction mechanism on the drive side
`working drum 6 shows a drive element 11 that is coupled in
`may form an entity that is jointly attached to the machine 40 a non - rotatable manner with an output shaft 17 , and an
`frame with high spring stiffness or in a rigid manner .
`output element 13 that is coupled in a non - rotatable manner
`The device for driving the at least one hydraulic pump
`with the drive shaft 15 of the working drum 6. A planetary
`may consist of a pump transfer case for several hydraulic
`gear may additionally be arranged between the drive shaft
`15 and the working drum 6 .
`pumps .
`The device for switching the torque is preferably arranged 45
`The traction mechanism 12 preferably is a belt drive
`where the drive and output elements 11 , 13 consist of belt
`between the device for driving the at least one hydraulic
`pump and the drive element of the traction mechanism on
`pulleys , with several drive belts 30 revolving around the said
`belt pulleys . Alternatively , the traction mechanism 12 may
`the drive side .
`The transfer casing may show a gearbox casing with
`also consist of a chain drive , where the drive and output
`several hydraulic pumps arranged at an outer circumference 50 elements 11 , 13 then consist of the corresponding sprockets .
`of the gearbox casing , the said hydraulic pumps being
`The drive train 8 further shows a device for switching the
`capable of being jointly driven by means of the transfer case .
`torque 14 , which is arranged in the drive train 8 between the
`The hydraulic pumps project from the gearbox casing ,
`drive engine 10 and the working drum 6 and preferably
`pointing towards the drive engine or pointing away from the
`consists of a clutch .
`drive engine . The coupling device extends in the interior 55
`The drive train 8 further includes a device 16 for driving
`space of the gearbox casing that is free from hydraulic
`hydraulic units , for instance , hydraulic pumps 18 , where the
`pumps . The arrangement of the coupling device in the free
`said device 16 for driving hydraulic units is coupled with the
`interior space of the gearbox casing enables a compact
`drive engine 10 .
`design .
`The entire drive train 8 is divided into at least two groups ,
`In a preferred embodiment , it is provided that the coupling 60 with the first group showing at least the drive engine 10 and
`device permanently couples an output shaft of the drive
`the second group showing at least the drive element 11 of the
`engine with an input shaft of the device for driving the at
`traction mechanism 12. The first and the second groups 3 , 5
`least one hydraulic pump and / or an input shaft of the device
`are connected to one another mechanically via an articulated
`for switching the torque . The arrangement of the coupling
`coupling device 20. The articulated coupling device 20
`device in the radially inner intermediate space of the gear- 65 transmits the power supplied by a not depicted output shaft
`box casing , which is free from hydraulic pumps , enables a
`of the drive engine 10 to the second group 5 of the drive train
`compact design of the drive train , both in that case in which
`8 .
`
`Case 1:17-cv-00770-RGA-MPT Document 33-1 Filed 09/02/21 Page 11 of 63 PageID #: 2511
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`

`US RE48,268 E
`
`5
`6
`A spur gear is arranged inside the pump transfer case ,
`In FIG . 1 , the first group comprises the combustion engine
`which jointly drives the individual hydraulic pumps . The
`10 only , which is coupled with the second group 5 via the
`arrangement of the hydraulic pumps 18 results in a central
`coupling device 20. In the embodiment of FIG . 1 , the second
`free interior space 28 between the hydraulic pumps 18 , in
`group 5 comprises the device 16 for driving at least one
`hydraulic pump 18 , namely a pump transfer case , the clutch 5 which the coupling device 20 may extend which serves to
`14 and the belt pulley 11 of the belt drive 12 .
`connect the first and the second groups 3 , 5 of the drive train
`The combustion engine 10 is attached to the machine
`8. This design of the pump transfer case 16 with a free
`frame 4 by means of elastic spring / damping elements 22
`interior space 28 enables the available space for arranging
`showing low spring stiffness , in such a manner that the
`the drive train 8 across the width of the machine to be used
`vibrations occurring in particular in a combustion engine 10 , 10 in a better way , so that a more powerful combustion engine
`as well as structure - borne sound , are transmitted to the
`10 can be used due to the space - saving arrangement of the
`machine frame 4 to the smallest possible extent .
`components of the drive train 8 .
`The second group 5 , on the other hand , is attached to the
`In the embodiment of FIG . 2 , the pump transfer case 16
`machine frame 4 by means of spring / damping elements 24
`showing high spring stiffness , so that the second group 5 is 15 is also included in the first group , so that vibrations that
`might be coming from the pump transfer case can also be
`attached to the machine frame 4 in a nearly rigid manner .
`absorbed by the spring / damping [ element ] elements 22 .
`The different manner of support or attachment of the first
`The second group 5 is formed by the clutch 14 and the belt
`and the second groups 3 , 5 of the drive train 8 has the effect
`that , when in operation , the not depicted output shaft of the
`pulley 11 of the belt drive 12. By means of the coupling
`combustion engine 10 is not permanently in precise align- 20 device 20 , the power of the combustion engine is first
`ment with the also not depicted input shaft of the pump
`transmitted to the clutch 14 and then to the belt pulley 11 .
`transfer case 16 , with the articulated coupling device 20
`As shown in FIG . 2 an output axis of the drive engine 10
`balancing the dynamic misalignment occurring during
`is aligned with an input axis of the clutch 14 and with an
`operation without the flow of power in the drive train 8 being
`input axis of the drive pulley Il prior to operation of the
`25 construction machine . The articulated coupling device 20
`disturbed .
`As shown in FIGS . 1 and 5 the working drum 6 has a drum
`accommodates a lack of precise alignment between the
`rotational axis which is the rotational axis of shaft 15. As
`output axis of the drive engine 10 and the input axes of the
`also shown in FIGS . 1 and 5 the driven pulley 13 is also
`clutch 14 and the drive pulley 11 due to dynamic movement
`mounted on the shaft 15 and thus has a driven pulley
`of the drive engine 10 relative to the second group 5 during
`rotational axis which is parallel and co - axial with the 30 operation of the construction machine .
`rotational axes of the working drum 6 and the shaft 15. As
`Insofar as the drive belts 30 and the second belt pulley 13 ,
`shown in FIGS . 1 and 5 the drive pulley 11 has a drive pulley
`which serves as output element , are also part of the drive
`rotational axis which is the rotational axis of the shaft 17 on
`train 8 , it is to be stated that these are also supported rigidly
`which the drive pulley is mounted . As further shown in FIGS .
`vis - à - vis the machine frame 4 , namely in that the second belt
`1 and 5 the drive pulley 11 and the driven pulley 13 are 35 pulley 13 is arranged on the drive shaft 15 of the working
`aligned with each other in the direction that the drive belts
`drum 6 .
`30 extend , a