Case 1:17-cv-00770-JDW Document 369-17 Filed 04/12/24 Page 1 of 35 PageID #: 33661
`Case 1:17-cv-00770-JDW Document 369-17 Filed 04/12/24 Page 1 of 35 PagelD #: 33661
`
`EXHIBIT 17
`EXHIBIT 17
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`14/683,273
`
`04/10/2015
`
`Peter Busley
`
`014035 (D/1110)
`
`1219
`
`23456
`7590
`04/10/2017
`PATTERSON Intellectual Property Law, P.C.
`1600 DIVISION STREET, SUITE 500
`NASHVILLE, TN 37203
`
`EXAMINER
`
`SING I, SUNIL
`
`ART UNIT
`
`PAPER NUMBER
`
`3678
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/10/2017
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`docket@IPLAWGROUP.COM
`ckr@iplawgroup.com
`
`PTOL-90A (Rev. 04/07)
`
`WA-0001826
`
`

`

`Applicant-Initiated Interview Summary
`
`Application No.
`
`14/683,273
`Examiner
`
`SUNIL SINGH
`
`Applicant(s)
`
`BUSLEY ET AL.
`Art Unit
`
`3678
`
`All participants (applicant, applicant's representative, PTO personnel):
`
`(1) SUNIL SINGH.
`
`(2) Lucian Wayne Beavers .
`
`Date of Interview: 21 March 2017.
`
`(3)
`
`(4)
`
`Type:
`
`q Telephonic
`q Video Conference
`Z Personal [copy given to: q applicant
`
`Z applicant's representative]
`
`Exhibit shown or demonstration conducted:
`If Yes, brief description:
`
`q Yes
`
`Z No.
`
`❑101 ❑112 ❑102 2103 ❑Others
`Issues Discussed
`(For each of the checked box(es) above, please describe below the issue and detailed description of the discussion)
`
`Claim(s) discussed: 42.
`
`Identification of prior art discussed: Snow, Jr. et al. '506, Clarke, Jr. et al. '026, German doucment DE '107.
`
`Substance of Interview
`(For each issue discussed, provide a detailed description and indicate if agreement was reached. Some topics may include: identification or clarification of a
`reference or a portion thereof, claim interpretation, proposed amendments, arguments of any applied references etc...)
`
`Examiner to withdraw rejection made in office action 3/7/17 because Snow fails to teach "a signal including information
`on a current lifting position of the lifting column is produced by the lifting position sensor".
`
`Applicant recordation instructions: The formal written reply to the last Office action must include the substance of the interview. (See MPEP
`section 713.04). If a reply to the last Office action has already been filed, applicant is given a non-extendable period of the longer of one month or
`thirty days from this interview date, or the mailing date of this interview summary form, whichever is later, to file a statement of the substance of the
`interview
`
`Examiner recordation instructions: Examiners must summarize the substance of any interview of record. A complete and proper recordation of the
`substance of an interview should include the items listed in MPEP 713.04 for complete and proper recordation including the identification of the
`general thrust of each argument or issue discussed, a general indication of any other pertinent matters discussed regarding patentability and the
`general results or outcome of the interview, to include an indication as to whether or not agreement was reached on the issues raised.
`
`Z Attachment
`
`/SUNIL SINGH/
`Primary Examiner, Art Unit 678
`
`U.S. Patent and Trademark Office
`PTOL-413 (Rev. 8/11/2010)
`
`Interview Summary
`
`Paper No. 20170321
`
`WA-0001827
`
`

`

`Manual of Patent Examining Procedure (MPEP), Section 713.04, Substance of Interview Must be Made of Record
`A complete written statement as to the substance of any face-to-face, video conference, or telephone interview with regard to an application must be made of record in the
`application whether or not an agreement with the examiner was reached at the interview.
`
`Summary of Record of Interview Requirements
`
`Title 37 Code of Federal Regulations (CFR) § 1.133 Interviews
`Paragraph (b)
`
`In every instance where reconsideration is requested in view of an interview with an examiner, a complete written statement of the reasons presented at the interview as
`warranting favorable action must be filed by the applicant. An interview does not remove the necessity for reply to Office action as specified in §§ 1.111, 1.135. (35 U.S.C. 132)
`
`37 CFR §1.2 Business to be transacted in writing.
`All business with the Patent or Trademark Office should be transacted in writing. The personal attendance of applicants or their attorneys or agents at the Patent and
`Trademark Office is unnecessary. The action of the Patent and Trademark Office will be based exclusively on the written record in the Office. No attention will be paid to
`any alleged oral promise, stipulation, or understanding in relation to which there is disagreement or doubt.
`
`The action of the Patent and Trademark Office cannot be based exclusively on the written record in the Office if that record is itself
`incomplete through the failure to record the substance of interviews.
`It is the responsibility of the applicant or the attorney or agent to make the substance of an interview of record in the application file, unless
`the examiner indicates he or she will do so. It is the examiner's responsibility to see that such a record is made and to correct material inaccuracies
`which bear directly on the question of patentability.
`
`Examiners must complete an Interview Summary Form for each interview held where a matter of substance has been discussed during the
`interview by checking the appropriate boxes and filling in the blanks. Discussions regarding only procedural matters, directed solely to restriction
`requirements for which interview recordation is otherwise provided for in Section 812.01 of the Manual of Patent Examining Procedure, or pointing
`out typographical errors or unreadable script in Office actions or the like, are excluded from the interview recordation procedures below. Where the
`substance of an interview is completely recorded in an Examiners Amendment, no separate Interview Summary Record is required.
`
`The Interview Summary Form shall be given an appropriate Paper No., placed in the right hand portion of the file, and listed on the
`"Contents" section of the file wrapper. In a personal interview, a duplicate of the Form is given to the applicant (or attorney or agent) at the
`conclusion of the interview. In the case of a telephone or video-conference interview, the copy is mailed to the applicant's correspondence address
`either with or prior to the next official communication. If additional correspondence from the examiner is not likely before an allowance or if other
`circumstances dictate, the Form should be mailed promptly after the interview rather than with the next official communication.
`
`The Form provides for recordation of the following information:
`- Application Number (Series Code and Serial Number)
`- Name of applicant
`- Name of examiner
`- Date of interview
`-Type of interview (telephonic. video-conference, or personal)
`-Name of participant(s) (applicant, attorney or agent, examiner. other PTO personnel, etc.)
`-An indication whether or not an exhibit was shown or a demonstration conducted
`-An identification of the specific prior art discussed
`- An indication whether an agreement was reached and if so, a description of the general nature of the agreement (may be by
`attachment of a copy of amendments or claims agreed as being allowable). Note: Agreement as to allowability is tentative and does
`not restrict further action by the examiner to the contrary.
`- The signature of the examiner who conducted the interview (if Form is not an attachment to a signed Office action)
`
`It is desirable that the examiner orally remind the applicant of his or her obligation to record the substance of the interview of each case. It
`should be noted, however, that the Interview Summary Form will not normally be considered a complete and proper recordation of the interview
`unless it includes, or is supplemented by the applicant or the examiner to include, all of the applicable items required below concerning the
`substance of the interview.
`A complete and proper recordation of the substance of any interview should include at least the following applicable items:
`1) A brief description of the nature of any exhibit shown or any demonstration conducted,
`2) an identification of the claims discussed.
`3) an identification of the specific prior art discussed,
`4) an identification of the principal proposed amendments of a substantive nature discussed, unless these are already described on the
`Interview Summary Form completed by the Examiner,
`5) a brief identification of the general thrust of the principal arguments presented to the examiner,
`(The identification of arguments need not be lengthy or elaborate. A verbatim or highly detailed description of the arguments is not
`required. The identification of the arguments is sufficient if the general nature or thrust of the principal arguments made to the
`examiner can be understood in the context of the application file. Of course, the applicant may desire to emphasize and fully
`describe those arguments which he or she feels were or might be persuasive to the examiner.)
`6) a general indication of any other pertinent matters discussed, and
`7) if appropriate, the general results or outcome of the interview unless already described in the Interview Summary Form completed by
`the examiner.
`Examiners are expected to carefully review the applicant's record of the substance of an interview. If the record is not complete and
`accurate, the examiner will give the applicant an extendable one month time period to correct the record.
`
`Examiner to Check for Accuracy
`
`If the claims are allowable for other reasons of record, the examiner should send a letter setting forth the examiner's version of the
`statement attributed to him or her. If the record is complete and accurate, the examiner should place the indication, "Interview Record OK" on the
`paper recording the substance of the interview along with the date and the examiner's initials.
`
`WA-0001828
`
`

`

`Mar. 15. 2017 9:48AM
`
`No. 0205
`
`PATTERS►ON
`
`LAW OFFICES
`PATTERSON INTELLECTUAL PROPERTY LAW
`1600 Division St, See, 500
`NASHVILLE, TN 37203
`615 242-2400 VOICE
`615-242-2221 FAX
`
`Fax
`
`To:
`
`Examiner Sunif Singh
`
`From: Wayne Beavers
`
`Faxt
`
`571-273-7061
`
`Date: March 13, 2017
`
`Re:
`
`14/683,273
`
`Dear Mr. Singh,
`
`Pages: 15
`
`(Including Cover Page)
`
`Time:
`
`CC:
`
`This will confirm our scheduled in-person interview for Tuesday, March 21, 2017, at 1:00PM Eastern
`Time. I will meet you in the Knox building.
`
`Attached for your review is a draft response to the office action of March 7. We will discuss the
`arguments presented in this draft at the Interview.
`
`Thank you for your time and I look forward to seeing you next week.
`
`Best regards,
`
`Wayne Beavers
`
`PATTERSON INTELLECTUAL PROPERTY LAW
`1600 Division St., Ste. 500
`NASHVILLE, TN 37203
`615 242-2400 VOICE
`615.242.2221 FAX
`
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`WA-0001829
`
`

`

`Mar. 15. 2017 9:49AM
`DRAFT FOR DISCUSSION ONLY
`
`No. 0205
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant:
`Serial No.:
`
`For:
`
`Group Art Unit:
`Examiner:
`Attorney's Docket No.-
`Customer No.:
`
`Busley et al.
`14/683,273
`April 10, 2015
`Automotive Construction Machine, As Well As Lifting Column For
`A Construction Machine
`3678
`Singh, Sunil
`014035 (D/1110)
`23456
`
`gcOND AMENDMENT AND RESPONSE
`
`VIA EFS-WEB
`Mail Stop Amendment
`Commissioner for Patents
`
`Please amend the above identified application as follows in response to the second
`
`non-final office action of March 7, 2017. Reconsideration is requested.
`
`Any appropriate fees are being paid online herewith. The Commissioner is authorized
`
`to charge any deficiency or credit any overpayment associated with the filing of this
`
`amendment to Deposit Account 23-0035.
`
`Claim amendments begin on page 2 of this paper.
`
`Comments begin on page 10 of this paper.
`
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`WA-0001830
`
`

`

`Mar. 15. 2017 9:49AM
`DRAFT FOR DISCUSSION ONLY
`
`'No. 0205
`
`cLAI m AMENDMENTS
`
`Please amend the claims as follows:
`
`1-41.
`
`(cancelled)
`
`42.
`
`(currently amended) A road construction machine, comprising:
`
`a machine frame;
`
`a working drum supported from the machine frame for working a ground surface or
`
`traffic surface;
`
`a plurality of ground engaging supports for supporting the construction machine on
`
`the ground surface or traffic surface;
`
`a plurality of lifting columns, each one of the lifting columns being connected between
`
`the machine frame and one of the ground engaging supports, each one of the lifting columns
`
`including two telescoping hollow column members and at least one piston cylinder unit
`
`located within the telescoping hollow column members for adjusting a height of the lifting
`
`column so that each one of the lifting columns is individually adjustable in height relative to
`
`the machine frame, each lifting column having a lifting position corresponding to a position of
`
`one of the two telescoping hollow column members relative to the other of the two
`
`telescoping hollow column members; and
`
`a plurality of lifting position sensors, each lifting position sensor being coupled with
`
`elements of one of the lifting columns, which elements are capable of being displaced relative
`
`- to one another in accordance with the lifting position of the lifting column in such a manner
`
`that a signal including information on a current lifting position of the lifting column is
`
`produced by the lifting position sensor, wherein each of the .lifting position sensors is
`
`connected to the at least one piston cylinder unit located within its associated lifting column.
`
`PAGE 3115 RCVD AT 3/15/2017 10:40:05 AM 'Eastern Daylight 1-1
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`SVR:WPTOFAX•002/44 mils:2737m csio: DURATION (mm•SS):03.23
`
`WA-0001831
`
`

`

`Mar. 15. 2017 9:49AM
`DRAFT FOR DISCUSSION ONLY
`
`No. 0205
`
`43.
`
`(previously presented) The road construction machine of claim 42, further
`
`comprising:
`
`a controller configured to receive the signals from the lifting position sensors, and to
`
`regulate the lifting positions of the lifting columns in response at least in part to the signals
`
`from the lifting position sensors.
`
`44.
`
`(previously presented) The road construction machine of claim 43, further
`
`comprising:
`
`an indicator device operable to display the lifting positions of each of the lifting
`
`columns corresponding to the signals produced by the lifting position sensors.
`
`45.
`
`(previously presented) The road construction machine of claim 43, wherein:
`
`the controller is configured to store the signals from the lifting position sensors
`
`corresponding to current lifting positions of the lifting columns and to thereby define a
`
`current spatial position of the machine frame as a reference spatial position of the machine
`
`frame.
`
`46.
`
`(previously presented) The road construction machine of claim 4
`
`herein:
`
`the controller is configured to provide at least one limiting value for the height
`
`adjustment of each of the lifting columns.
`
`47.
`
`(previously presented) The road construction machine of claim 46, wherein:
`
`the limiting value for the height adjustment prevents engagement of a mechanical
`
`limit stop of a piston against a cylinder of the piston cylinder unit of each lifting column,
`
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`3
`
`WA-0001832
`
`

`

`Mar. 15. 2017 9:49AM
`DRAFT FOR DISCUSSION ONLY`
`
`No. 0205
`
`48.
`
`(previously presented) The road construction machine of claim 46, wherein:
`
`the limiting value defines a predetermined lifting position of the respective lifting
`
`column such that the respective piston cylinder unit is not run up against a mechanical stop of
`
`the piston cylinder unit when the lifting column is in the predetermined position.
`
`49.
`
`(previously presented) The road construction machine of claim 43, wherein:
`
`the controller is configured to regulate the lifting positions of the plurality of lifting
`
`columns in such a manner that the machine frame has a predetermined transverse inclination
`
`relative to the ground surface or traffic surface and transverse to a direction of travel of the
`
`machine frame,
`
`50.
`
`(previously presented) The road construction machine of claim 49, wherein:
`
`the controller is configured to vary the transverse inclination of the machine frame in a
`
`pre-determined path-dependent transverse inclination sequence.
`
`51.
`
`(previously presented) The road construction machine of claim 43, wherein:
`
`the controller is configured such that with the alteration of the lifting position and
`
`height of one of the lifting columns, a neighboring lifting column in transverse direction or
`
`longitudinal direction of the machine frame is adjusted in height in an opposite mariner.
`
`52.
`
`(previously presented) The road construction machine of claim 51, wherein:
`
`the height of the neighboring lifting column is adjusted by the
`
`mount as the
`
`alteration of the height of said one of the lifting columns.
`
`PAGE 51.
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`
`4
`
`WA-0001833
`
`

`

`Mar. 15. 2017 9:49AM
`DRAFT FOR DISCUSSION ONLY
`
`No. 3205
`
`(previously presented) The road construction machine of claim 51, wherein:
`
`said one of the lifting columns and said neighboring lifting column are connected to
`
`two front ground engaging supports so that the lifting columns associated with front ground
`
`engaging supports are height-adjustable in the manner of a full-floating axle.
`
`54.
`
`(previously presented) The road construction machine of claim 43, wherein:
`
`the controller is configured to reduce overshooting in the regulating of the lifting
`
`positions of the lifting columns with reference to desired lifting positions of the lifting
`
`columns.
`
`55.
`
`(previously presented) The road construction machine of claim 43, wherein:
`
`the controller is configured to calibrate the lifting positions sensed by the lifting
`
`position sensors to a unit of length.
`
`56.
`
`(previously presented) The road construction machine of claim 43, wherein:
`
`the controller is configured to regulate a working depth of the working drum at least
`
`in part in response to the signals produced by the lifting position sensors.
`
`57.
`
`(previously presented) The road construction machine of claim 43, wherein:
`
`the controller is configured to raise the lifting columns synchronously to one another. .
`
`58,
`
`(previously presented) The road construction machine of claim 43, wherein:
`
`the controller is configured to lower the lifting columns synchronously to one another.
`
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`5
`
`WA-0001834
`
`

`

`9:5CAM
`Mar. 15. 2017
`DRAFT FOR DISCUSSION ONLY
`
`No. 3205
`
`59.
`
`(previously presented) The road construction machine ©f claim 43, wherein:
`
`the controller is configured to move the machine frame from a first frame position to a
`
`second frame position by adjusting the heights of all of the lifting columns by equal amounts.
`
`60.
`
`(currently amended) The road construction machine of claim 43, wherein:
`
`the controller is configured to bring the machine frame to a frame position rrasitern-
`
`parallel to the ground surface or traffic surface with the machine frame being a
`
`predetermined distance from the ground surface or traffic surface,
`
`61,
`
`(previously presented) The road construction machine of claim 60, wherein:
`
`the frame position parallel to the ground surface or traffic surface is a horizontal
`
`position.
`
`62.
`
`(currently amended) A-road construction machine, comprising:
`
`a machine frame;
`
`a working drum supported from the machine frame for working a ground surface or
`
`traffic surface;
`
`a, plurality of ground engaging supports for supporting the construction machine on
`
`the ground surface or traffic surface;
`
`a plurality of lifting columns, each one of the lifting columnS being connected between
`
`the machine frame and one of the ground engaging supports, each one of the lifting columns
`
`including two telescoping hollow column members and at least one piston cylinder unit
`
`located within the.telescoping hollow column members for adjusting a height of the lifting
`
`column so that each one of the lifting columns is individually adjustable in height relative to
`
`the machine frame, each lifting column having a lifting position corresponding to a position of
`
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`6
`
`WA-0001835
`
`

`

`9:5CAM
`Mar. 15. 2017
`DRAFT FOR DISCUSSION ONLY
`
`No. 0205
`
`one of the two telescoping hollow column members relative to the other of the two
`
`telescoping hollow column members; and
`
`a plurality of lifting position sensors, each lifting position sensor being coupled with
`
`elements o ne of the lifting columns, which elements are capable of being displaced relative
`
`to one another in accordance with the lifting position of the lifting column in such a manner
`
`that a signal including information on a current lifting position of the lifting column is
`
`produced by the lifting position sensor;
`
`wherein each of the lifting columns includes a lifting column support at a lower end of
`
`the lifting column, each lifting column support being attached to one of the ground engaging
`
`supports; and
`
`further comprising a plurality of distance sensors, one of said distance sensors being
`
`attached to each of the lifting column supports and arranged to measure a vertical distance
`
`of the lifting column support from the ground surface or traffic surface.
`
`63.
`
`(previously presented) The road construction machine of claim 62, wherein;
`
`each of the distance sensors is located relative to its associated lifting column support,
`
`so that the vertical distance is measured at a pre-determined horizontal position relative to its
`
`associated ground engaging support.
`
`64.
`
`(cancelled)
`
`65.
`
`(previously presented) The road construction machine of claim 62, wherein:
`
`the elements of the lifting column, which elements are capable of being displaced
`
`relative to one another in accordance with the lifting position of the lifting column, include
`
`the at least one piston cylinder unit located within the lifting column.
`
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`7
`
`WA-0001836
`
`

`

`Mar. 15. 2017 9:50O
`DRAFT FOR DISCUSSION ONLY
`
`No. 0205
`
`66.
`
`(previously presented) The road construction machine of claim 42, wherein:
`
`the working drum is fixed in height relative to the machine frame and a working depth
`
`of the working drum is adjusted by adjusting the lifting positions of the lifting colurrins
`
`67
`
`(previously presented) The road construction machine of claim 42, further
`
`comprising:
`
`an indicator device operable to display the lifting positions of each of he lifting
`
`columns corresponding to the signals produced by the lifting position sensors.
`
`68.
`
`(previously presented) The road construction machine of claim 67, wherein:
`
`the plurality of lifting columns includes two front lifting columns and two rear lifting
`
`columns; and
`
`the indicator device is operable to display the lifting positions of the two front lifting
`
`columns and two rear lifting columns,
`
`69-72. (cancelled)
`
`73.
`
`(new) The road construction machine of claim 43, wherein:
`
`the controlle
`
`configured to raise and lower the plurality of lifting columns
`
`independently of one another.
`
`74.
`
`(new) The road construction machine of claim 43, wherein:
`
`the controlle
`
`configured to raise and lower a combination of lifting columns
`
`synchronously and by a specific amount.
`
`8
`
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`WA-0001837
`
`

`

`9:5CAM •
`Mar. 15. 017
`DRAFT FOR DISCUSSION ONLY
`
`N o. 0 2 0 5
`
`10
`
`75.
`
`(new) The road construction machine of claim 43, wherein:
`
`the plurality of lifting position sensors comprises one or more inductive path
`
`measuring devices.
`
`76.
`
`(new) The road construction machine of claim 43, wherein:
`
`the plurality of lifting position sensors comprises one or more capacitive path
`
`measuring devices.
`
`77.
`
`(new) The road construction machine of claim 43, wherein:
`
`the plurality of lifting position sensors comprises one or more mechanical path
`
`measuring devices.
`
`78.
`
`(new) The road construction machine of claim 43, wherein:
`
`the plurality of lifting position sensors comprises one or more laser measuring devices.
`
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`9
`
`WA-0001838
`
`

`

`Ma I. 15. 2017 9:5CAM,
`DRAFT FOR DISCUSSION ONLY
`
`No. 0205
`
`Independent Claim 42:
`
`COMMENTS
`
`Claim 42 was rejected under 35 USC Sec. 103 based upon Snow US 3946506 in view
`
`of Clarke, Jr. US 4808026 and German DE 4017107.
`
`Applicant respectfully notes that the Examiner has misread the Snow reference. Snow
`
`does not show a lifting position sensor capable of generating a signal. Snow merely shows a
`
`single external mechanical indicator on the front lifting column, which mechanical indicator is
`
`visually observable by the machine operator. The statements in Snow which the Examiner
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`has referenced as teaching "signals" are talking about the separate stringline based grade
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`control of Snow and they have nothing to do with Snow's single visually observable
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`mechanical indicator. This is further explained below.
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`The Snow machine includes three tracks and three lifting columns. There is a right
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`rear lifting column 72, a left rear lifting column 74, and a front lifting column 76. As the
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`Examiner correctly notes, each of those lifting columns has two telescoping hollow column
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`members 82, 84 with an internal piston cylinder unit,
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`But the Examiner is mistaken in the statement near the bottom of page 3 of the office
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`action that "Lifting column (76) has a lifting position sensor the lifting position sensor being
`
`coupled with elements of the lifting column (see col. 8 line 60 thru col. 9 line 25)". The
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`structure referred to at col. 8 line 60 through col. 9 line 25 is not a sensor that creates a
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`signal, but instead it is simply mechanical device referred to as an "elevation indicator 146"
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`made up of a mechanical scale 148 and a pointer 150. The scale 148 is attached to the upper
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`telescoping column member 82 and the pointer 150 is attached to the lower telescoping
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`column member 84 of the front lifting column 76. There is no sensor. There is no signal. A
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`human operator simply looks at the elevation indicator 146 to see where the pointer 150
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`points to the scale 148. As stated at cal. 9, lines 2124 of Snow:
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`"... the elevation indicator 146 is also disposed with respect to the control console 27
`to provide a visual indication of the elevation position of the main frame 12 relative to
`the front track assembly 24."
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`See annotated Fig. 4 of Snow below.
`
`Mechanical point
`attached to lowe
`84
`
`Vertically extending
`mechanical scale 148
`attached
`to upper
`tube 82
`
`1O
`
`46
`
`66
`
`n
`
`• allIpmill••••••••••*q,
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`The office action then goes on to mistakenly suggest that this elevation indicator 146
`
`associated with the front lifting column is used as a sensor in connection with a control
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`system for controlling the lifting positions of the lifting columns. The Examiner cites to
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`passages in Snow at Col. 4 lines 15-25; col. 7 lines 1-10; col. 9 lines 1-25; and cols. 16, 17 and
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`20. But those discussions of controlling the lifting columns are talking about control in
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`response to the traditional string-line sensors 52, 54. Those sensors and the automatic
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`control of the lifting columns are completely unrelated to the mechanical elevation indicator
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`146. Sensors 52 and 54 are the steering sensor and elevation sensor, respectively, which are
`
`constructed to engage a string-line reference. The control of the elevation of the front lifting
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`column 76 is most clearly explained at col. 17, lines 48-52 of, Snow with reference to the
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`detailed control diagram of Fig. 15 as follows:
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`"The control valve 382 thus establishes fluidic communication between the pump 390
`and the front elevation cylinder 76a to raise and lower the main frame 12 in response
`to the output signal 378 of the elevation sensor 54."
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`The relevant portions of Fig. 15 of Snow are reproduced below and annotated to
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`further explain this argument:
`
`94
`
`7
`
`Cylinder 76a of
`front
`lifting
`column 76
`
`String-line
`
`from
`
`Signal
`string-line
`elevation sensor
`64
`controls
`cylinder 76a via
`actuator
`376,
`switch 380 and
`valve 382
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`Once Snow is properly understood, it is apparent that Snow has many shortcomings
`
`as compared to the requirements of independent claim 42. Snow is missing at least the
`
`following features required by claim 42:
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`1. Snow does not teach a "lifting position sensor" coupled with a lifting column.
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`2. Snow does not each "a signal including information on a current lifting position of
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`the lifting column is produced by the lifting position sensor."
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`No. 020'
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`3. Snow does not teach that the lifting position sensor
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`connected to the at least
`
`one piston cylinder unit located within its associated lifting column."
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`4. Snow does not teach a plurality of such lifting position sensors.
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`And these missing features are not provided by the secondary references. The office
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`action cites Clarke, Jr apparently suggesting that Snow's structure could be placed inside the
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`lifting column. But that would make no sense. Snow's mechanical position indicator 146
`
`must be in a visually observable location so it can be seen by the human operator, It would
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`make no sense to hide Snow's mechanical position indicator 146 inside of a lifting column.
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`And the office action cites DE 4017107 for the proposition of having a "plurality" of
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`lifting columns. But DE 4017107 does not have oily lifting columns at all. DE 4017107 uses
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`parallelogram linkages between its frame and crawler tracks.
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`In summary it is respectfully submitted that independent
`
`laim 42 and all claims
`
`dependent therefrom should be allowed over the cited references,
`
`The Dependent Claims;
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`Additionally it is noted that each of the dependent claims depend either directly or
`
`indirectly from independent claim 42, and include additional features that further distinguish
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`over the cited references, It is not considered necessary to rely on those additional features
`
`in this response due to the patentability of the independent claims for the reasons set forth
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`above. The absence of any argument in this response based on any of those dependent
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`claims should not be taken as an acknowledgement that the combinations defined by the
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`dependent claims are disclosed or suggested by any of the references of record.
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`Mar. 15. 2017. 9:514' .
`DRAFT FOR DISCUSSION ONLY
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`The Amendments And New Claims:
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`No. 3205
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`It is noted that clarifying amendments have, been made in cla