Case 1:17-cv-00770-JDW Document 369-8 Filed 04/12/24 Page 1 of 39 PageID #: 33485
`Case 1:17-cv-00770-JDW Document 369-8 Filed 04/12/24 Page 1 of 39 PagelD #: 33485
`
`EXHIBIT 8
`EXHIBIT 8
`
`

`

`Case 1:17-cv-00770-JDW Document 369-8 Filed 04/12/24 Page 2 of 39 PageID #: 33486
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`US Patent and Trademark Office US DEPARTMENT OF COMMERCE
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`
`Application Data Sheet 37 CFR 176
`
`Attorney Docket Number
`
`014035 D1110
`
`Application Number
`
`Title of Invention
`
`Automotive Construction Machine As Well As Lifting Column For A Construction Machine
`
`is being submitted The following forrn contains the
`The application data sheet is part of the provisional or nonprovisional application
`for which it
`bibliographic data arranged in a format specified by the United States Patent and Trademark Office as outlined in 37 CFR 176
`This document may be completed electronically and submitted to the Office in electronic format using the Electronic Filing System EFS or the
`document may be printed and included in a paper filed application
`
`Secrecy Order 37 CFR 52
`Portions or all of the application associated with this Application Data Sheet may fall under a Secrecy Order pursuant to
`37 CFR 52 Paper filers only Applications that
`fall under Secrecy Order may not be filed electronically
`
`Inventor Information
`
`Inventor
`Legal Name
`
`i
`
`Prefix Given Name
`
`Peter
`
`Remove
`
`Middle Name
`
`Family Name
`
`Busley
`
`Suffix
`
`CI Non US Residency 0 Active US Military Service
`Residence Information Select One C US Residency
`Country of Residence i
`
`City
`
`LinzRhein
`
`DE
`
`Mailing Address of Inventor
`
`Address 1
`
`Address 2
`
`Am Kaiserberg 6b
`
`City
`
`LinzRhein
`
`Postal Code
`
`53545
`
`Inventor
`Legal Name
`
`2
`
`StateProvince
`
`Country i
`
`DE
`
`Remove
`
`Prefix Given Name
`
`Middle Name
`
`Gunter
`
`Family Name
`
`Tewes
`
`Suffix
`
`0 Non US Residency 0 Active US Military Service
`Residence Information Select One 0 US Residency
`Country of Residence i
`
`City
`
`UnkelRhein
`
`DE
`
`Mailing Address of Inventor
`
`Address 1
`
`Address 2
`
`Erlenweg
`
`14
`
`City
`
`UnkelRhein
`
`Postal Code
`
`53572
`
`StateProvince
`
`Country i
`
`DE
`
`Inventors Must Be Listed
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`All
`generated within this form by selecting the Add button
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`Information
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`Correspondence Information
`
`EFS Web 2211
`
`4570.0002
`
`WA
`
`0000606
`
`

`

`Case 1:17-cv-00770-JDW Document 369-8 Filed 04/12/24 Page 3 of 39 PageID #: 33487
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`Attorney Docket Number
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`Application Data Sheet 37 CFR 176
`
`Application Number
`
`Title of Invention
`
`Automotive Construction Machine As Wet As Lifting Column For A Construction Machine
`
`Enter either Customer Number or complete the Correspondence Information section below
`For further information see 37 CFR 133a
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`Application Information
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`Attorney Docket Number
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`Automotive Construction Machine As Well As Lifting Column For A Construction Machine
`Small Entity Status Claimed 0
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`014035 D1110
`
`Application Type
`
`Nonprovisional
`
`Subject Matter
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`Utility
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`Total Number of Drawing Sheets if any
`Filing By Reference
`Only complete this section when filing an application by reference under 35 USC 111c and 37 CFR 157a Do not complete this section if
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`
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`LI Request Early Publication Fee required at time of Request 37 CFR 1219
`Request Not to Publish I hereby request
`not be published under
`the attached application
`that
`0 35 USC 122b and certify that
`the invention disclosed in the attached application has not and will not be the
`subject of an application filed in another country or under a multilateral international agreement
`that requires
`publication at eighteen months after filing
`
`Representative Information
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`information should
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`Representative
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`a power of attorney in the application see 37 CFR 132
`this information in the Application Data Sheet does not constitute
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`4570.0003
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`0000607
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`

`Case 1:17-cv-00770-JDW Document 369-8 Filed 04/12/24 Page 4 of 39 PageID #: 33488
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`Attorney Docket Number
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`Application Data Sheet 37 CFR 176
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`Application Number
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`Title of Invention
`
`Automotive Construction Machine As Well As Lifting Column For A Construction Machine
`
`Domestic BenefitNational Stage Information
`to either claim benefit under 35 USC 119e 120 121 or 365c or indicate National Stage
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`13351305
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`20060912
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`13351305
`
`Continuation of
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`11991846
`
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`
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`11991846
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`a 371 of international
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`PCTEP2006066305
`
`Application
`Number
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`Filing Date
`YYYYMMDD
`20080312
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`Patent Number
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`8113592
`
`Issue Date
`YYYYMMDD
`20120214
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`exchange program PDX the information will be used by the Office to
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`data sheet
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`is received by the Office from the participating foreign intellectual
`responsibility for ensuring that a copy of the foreign application
`property office or a certified copy of the foreign priority application is filed within the time period specified in 37 CFR 155g1
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`Application Number
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`CountryI
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`Filing Date YYYYMMDD
`20050912
`
`1020050435319
`
`Application Number
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`1020050442110
`
`DE
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`DE
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`Filing Date YYYYMMDD
`20050915
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`4570.0004
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`WA
`
`0000608
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`

`Case 1:17-cv-00770-JDW Document 369-8 Filed 04/12/24 Page 5 of 39 PageID #: 33489
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`Attorney Docket Number
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`Application Data Sheet 37 CFR 176
`
`Application Number
`
`Title of Invention
`
`Automotive Construction Machine As Well As Lifting Column For A Construction Machine
`
`Statement under 37 CFR 155 or 178 for AIA First Inventor to File Transition
`Applications
`
`This application 1 claims priority to or the benefit of an application filed before March 16 2013 and 2 also
`contains or contained at anytime a claim to a claimed invention that has an effective filing date on or after March
`162013
`NOTE By providing this statement under 37 CFR 155 or 178 this application with a filing date on or after March
`to file provisions of the AIA
`16 2013 will be examined under
`the first
`inventor
`
`Authorization to Permit Access
`
`Authorization to Permit Access to the Instant Application by the Participating Offices
`If checked the undersigned hereby grants the USPTO authority to provide the European Patent Office EPO
`the Japan Patent Office JPO the Korean Intellectual Property Office KIPO the World Intellectual Property Office WIPO
`and any other intellectual properly offices in which a foreign application
`is filed access to the instant patent application See 37 CFR 114c and h This box should not be checked if
`claiming priority to the instant patent application
`does not wish the EPO JPO KIPO WIPO or other intellectual property office in which a foreign application
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`claiming priority
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`the applicant
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`In accordance with 37 CFR 114h3 access will be provided to a copy of the instant patent application with respect
`to 1 the instant patent application asfiled 2 any foreign application
`to which the instant patent application
`claims priority under 35 USC 119a d if a copy of the foreign application
`that satisfies the certified copy requirement of
`37 CFR 155 has been filed in the instant patent application and 3 any US application as filed from which benefit
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`4570.0005
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`0000609
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`

`Case 1:17-cv-00770-JDW Document 369-8 Filed 04/12/24 Page 6 of 39 PageID #: 33490
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`Attorney Docket Number
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`Application Data Sheet 37 CFR 176
`
`Application Number
`
`Title of Invention
`
`Automotive Construction Machine As Well As Lifting Column For A Construction Machine
`
`1
`
`Applicant
`If the applicant is the inventor or the remaining joint inventor or inventors under 37 CFR 145 this section should not be completed
`in this section is the name and address of the legal representative who is the applicant under 37 CFR
`The information to be provided
`143 or the name and address of the assignee person to whom the inventor is under an obligation to assign the invention or person
`under 37 CFR 146 If
`who otherwise shows sufficient proprietary interest in the matter who is the applicant
`the applicant is an
`applicant under 37 CFR 146 assignee person to whom the inventor is obligated to assign or person who otherwise shows sufficient
`inventors then the joint inventor or inventors who are also the applicant should be
`together with one or more joint
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`identified in this section
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`® Assignee
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`under 35 USC 117
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`is
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`Clear
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`Organization Name
`
`Wirtgen GmbH
`
`Mailing Address Information
`
`Address 1
`
`Address 2
`
`City
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`DE
`
`Phone Number
`
`Email Address
`
`ReinhardWirtgenStrasse
`
`2
`
`Windhagen
`
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`
`Postal Code
`
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`
`53578
`
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`Complete this section if assignee information including non applicant assignee information is desired to be included on the patent
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`4570.0006
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`0000610
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`

`Case 1:17-cv-00770-JDW Document 369-8 Filed 04/12/24 Page 7 of 39 PageID #: 33491
`PTOAIA14 1213
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`Attorney Docket Number
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`Application Data Sheet 37 CFR 176
`
`Application Number
`
`1
`
`Title of Invention
`
`Automotive Construction Machine As Well As Lifting Column For A Construction Machine
`
`Prefix
`
`Given Name
`
`Middle Name
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`Suffix
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`Signature
`
`Lucian Wayne Beavers Reg 28183
`
`Date YYYYMMDD
`
`20150410
`
`First Name
`
`Lucian
`
`Last Name
`
`Beavers
`
`Registration Number
`
`28183
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`4570.0007
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`0000611
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`Case 1:17-cv-00770-JDW Document 369-8 Filed 04/12/24 Page 8 of 39 PageID #: 33492
`
`Privacy Act Statement
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`used by the US Patent and Trademark Office is to process andor examine your submission related to a patent application or patent
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`0000612
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`

`Case 1:17-cv-00770-JDW Document 369-8 Filed 04/12/24 Page 9 of 39 PageID #: 33493
`
`Docket No 014035D1110
`AUTOMOTIVE CONSTRUCTION MACHINE AS WELL AS LIFTING COLUMN
`
`FOR A CONSTRUCTION MACHINE
`
`BACKGROUND OF THE INVENTION
`
`0001
`
`The invention relates to an automotive construction machine as well as a
`
`lifting column for a construction machine
`
`0002
`
`Such construction machinery is known for instance from DE 103 57 074
`
`B3 The said construction machine shows a machine frame that is supported by a
`
`chassis as well as a working drum that is mounted at the machine frame in an
`
`immovable andor pivotable manner and is used for working a ground surface or traffic
`
`surface The chassis is provided with wheels andor crawler
`
`track units which are
`
`connected to the machine frame via lifting columns and are individually adjustable in
`
`height relative to the machine frame
`
`0003
`
`The adjustment
`
`in height is made possible by a controller
`
`that raises or
`
`lowers the lifting columns by controlling the hydraulic input or hydraulic discharge of
`
`piston cylinder units in the lifting columns
`
`0004
`
`The construction machine described in DE 103 57 074 B3 is a recycler and
`
`the disclosure of this publication is included in the present application to the extent
`
`that it
`
`is related to recyclers
`
`0005
`
`A chassis for a machine used for milling carriageway pavements is known
`
`from DE 196 17 442 Cl the front axle of the said chassis being for instance adjustable
`
`in height
`
`in the manner of a full floating axle The lifting columns of the chassis are
`
`4570.0009
`
`WA
`
`0000613
`
`

`

`Case 1:17-cv-00770-JDW Document 369-8 Filed 04/12/24 Page 10 of 39 PageID #: 33494
`
`Docket No 014035D1110
`
`capable of being raised or lowered respectively in a reciprocally opposed manner The
`
`disclosure of this publication is also included by reference into the present application
`
`0006
`
`A known construction machine of the applicant
`
`is the recycler WR 2000
`
`the wheels of which are connected to the machine frame via lifting columns that are
`
`adjustable in height hydraulically Each wheel
`
`is driven by an own hydraulic motor
`
`The known construction machine is equipped with all wheel steering with the front
`
`andor the rear wheels being capable of acting as the steered axle
`
`0007
`
`It is understood that the present application is not limited to wheel driven
`
`construction machines but also includes such construction machines that are provided
`
`with crawler track units or a mixture of wheels and crawler track units
`
`0008
`
`In the known construction machines the lifting columns are adjusted
`
`manually via switchover valves with sensors detecting that the piston of the piston
`
`cylinder unit adjusting the lifting column has reached pre determined positions The
`
`sensors may detect
`
`for instance the upper edge of the piston in the piston cylinder
`
`unit A first sensor detects the position of the piston in an operating position for
`
`milling and a further sensor detects the position of the piston in a transport position
`
`In operating position the machine frame therefore always has the same pre
`
`determined distance from the ground surface When the piston has left
`
`the pre defined
`
`sensor positions the information about
`
`the position of the machine is lost It
`
`is in
`
`particular not possible to adjust any other operating positions in a flexible manner
`
`without remounting the position sensors It is not even possible to for instance adjust
`
`an operating position that is parallel to the pre adjusted operating position but deviates
`
`from the same in height What is more it
`
`is not possible to adjust a defined transverse
`
`2
`
`4570.0010
`
`WA
`
`0000614
`
`

`

`Case 1:17-cv-00770-JDW Document 369-8 Filed 04/12/24 Page 11 of 39 PageID #: 33495
`
`Docket No 014035D1110
`
`inclination or any other practical position of the machine frame or the machine
`
`respectively without cumbersome remounting efforts
`
`0009
`
`This creates the additional problem that the machine frame can adopt a
`
`different distance to the ground surface or traffic surface because of different loads or
`
`load distributions which are due to for instance a different filling level of the fuel tank
`
`or a water tank
`
`0010
`
`In case of wheels deviations additionally result because of the filling
`
`pressure the temperature and the interaction of the relatively soft wheel with the
`
`ground surface or traffic surface which may for instance cause an alteration in
`
`distance of several centimetres These alterations in distance of the machine frame
`
`relative to the ground surface require the position of the sensors to be displaced Even
`
`though it
`
`is also possible to unlock the sensor for the operating position and to override
`
`this lifting position the disadvantage results that the piston at its front surfaces
`
`touches the respective front surfaces of the cylinder when the mechanical
`
`limit stop of
`
`the piston cylinder unit has been reached which may cause the piston of the piston
`
`cylinder unit to turn loose when carrying out steering movements of the wheels
`
`0011
`
`The purpose of the invention is to avoid the aforementioned disadvantages
`
`and to enable the vehicle driver to select any given lifting position of the lifting columns
`
`as operating position in particular for the working operation
`
`0012
`
`The invention provides in an advantageous manner that each individual
`
`height adjustable lifting column is provided with a measuring device for measuring the
`
`current
`
`lifting state of the lifting column the lifting columns comprise two hollow
`
`cylinders capable of telescoping which serve as guiding unit and accommodate at least
`
`3
`
`4570.0011
`
`WA
`
`0000615
`
`

`

`Case 1:17-cv-00770-JDW Document 369-8 Filed 04/12/24 Page 12 of 39 PageID #: 33496
`
`Docket No 014035D1110
`
`one piston cylinder unit for height adjustment preferably in a coaxial manner on their
`
`inside that each
`
`individual height adjustable lifting
`
`column is provided with a
`
`measuring device for measuring the current
`
`lifting state of the lifting column the
`
`measuring device is coupled with elements of the lifting column which are adjustable
`
`relative to one another in accordance with the lifting position in such a manner that a
`
`path signal pertaining to the lifting position of each lifting column is continuously
`
`detectable by the measuring device and that a controller receiving the measured path
`
`signals from the measuring devices of all the lifting columns regulates the lifting state
`
`of the lifting columns in accordance with the measured path signals of the measuring
`
`devices andor their alteration over time
`
`0013
`
`The invention provides in an advantageous manner for pre selectable
`
`positions of the lifting columns to be adjusted in a regulated manner permitting the
`
`use of the measured path signal and of the velocity and acceleration signals which can
`
`be deduced therefrom Recording of the measured values enables the lifting state of the
`
`lifting columns to be regulated automatically A controller
`
`receiving the measured
`
`signals from the measuring device can adjust a desired lifting position of the lifting
`
`columns in a regulated manner without overshooting or with as little overshooting as
`
`possible in accordance with the measured signals of the measuring device andor their
`
`alteration over time
`
`0014
`
`The measured signals may be suitable for supplying to an indicator device
`
`for the lifting position of the lifting columns Because the vehicle driver receives
`
`information on the current
`
`lifting state of each lifting column via the indicator device it
`
`is possible to adjust and define as operating position a freely selectable position of the
`4
`
`4570.0012
`
`WA
`
`0000616
`
`

`

`Case 1:17-cv-00770-JDW Document 369-8 Filed 04/12/24 Page 13 of 39 PageID #: 33497
`
`Docket No 014035D1110
`
`machine frame without the need for limit switches or sensors to be displaced Hence
`
`the vehicle driver has the possibility to equalize different load situations that may arise
`
`due to for instance a different filling level of
`
`the fuel
`
`tank or the water
`
`tank
`
`Furthermore influences of the relatively soft wheels due to different temperatures a
`
`different
`
`filling pressure or because of the interactions with the ground can be
`
`equalized individually for each wheel or crawler track unit
`
`0015
`
`The measuring device for the lifting position preferably includes a path
`
`measuring device and all known path measuring systems like for instance capacitive
`
`inductive mechanical path measuring systems or laser measuring systems may be
`
`used
`
`0016
`
`The lifting columns comprise two hollow cylinders capable of telescoping
`
`which serve as guiding unit and accommodate at
`
`least one piston cylinder unit
`
`preferably in a coaxial manner on their inside
`
`0017
`
`A preferred path measuring device includes at least one wire rope that is
`
`coupled with the elements of a lifting column and one wire rope sensor
`
`0018
`
`A wire rope that is under tension and capable of being rolled up is coupled
`
`with elements of the lifting column which are capable of being displaced relative to one
`
`another in accordance with the lifting position in such a manner that a path signal
`
`pertaining to the lifting position of each lifting column is detectable continuously The
`
`path signal transmitted to the indicator device may be used for manual control of the
`
`height adjustment by the vehicle driver with the aid of the indicator device but also for
`
`automatic control or regulation
`
`5
`
`4570.0013
`
`WA
`
`0000617
`
`

`

`Case 1:17-cv-00770-JDW Document 369-8 Filed 04/12/24 Page 14 of 39 PageID #: 33498
`
`Docket No 014035D1110
`
`0019
`
`The construction machine can be adjusted to a reference plane where a
`
`desired spatial position like for instance a parallel position of the machine frame to
`
`the ground surface or traffic surface can be stored on the reference plane by storing the
`
`current measured signals of the measuring device in accordance with the current lifting
`
`positions of the lifting columns as a reference lifting position of the chassis
`
`0020
`
`By means of the reference plane which is preferably a horizontal plane
`
`the vehicle driver can bring the machine frame into a specific position which he can
`
`define as the reference lifting position In case of a level machine frame the said
`
`machine frame could for instance be brought
`
`into a precisely horizontal position
`
`which with a pre determined distance from the ground or the traffic surface could be
`
`defined as the reference lifting position of the lifting columns The vehicle driver can
`
`recognize the said reference lifting position by means of the indicator device and can
`
`approach it specifically as and when required On the other hand it
`
`is also possible to
`
`raise or to lower individual
`
`lifting columns or a combination of lifting columns by a
`
`specific amount The vehicle driver can for instance also adjust an operating position
`
`which deviates from the reference lifting position by a specific amount eg 100 mm or
`
`a specific transverse inclination or a plane in space arbitrarily defined by the vehicle
`
`driver
`
`0021
`
`In a preferred embodiment
`
`it
`
`is provided that at least one limiting value
`
`for the height adjustment monitored by the measuring device is adjustable for each
`
`lifting column the said limiting value limiting the lowest andor highest lifting position
`
`of a lifting column to a pre determined position It
`
`is thus ensured that the piston
`
`cylinder unit provided on the inside of a lifting column will not run up against
`6
`
`its
`
`4570.0014
`
`WA
`
`0000618
`
`

`

`Case 1:17-cv-00770-JDW Document 369-8 Filed 04/12/24 Page 15 of 39 PageID #: 33499
`
`Docket No 014035D1110
`
`corresponding mechanical
`
`limit stops as the piston cylinder unit may be damaged or
`
`may turn loose from the lifting column in these mechanical end positions in particular
`
`in case of steering angles
`
`0022
`
`Consequently it
`
`is provided that the lowest or highest lifting position in
`
`the direction of movement is positioned in front of the mechanical
`
`limit stop of the
`
`piston against the cylinder of the piston cylinder unit
`
`0023
`
`Recording of the measured values enables a controller which receives the
`
`measured signals from the measuring devices to regulate the lifting state of the lifting
`
`columns automatically in such a manner
`
`that the machine frame is subject
`
`to the
`
`smallest possible displacement due to the structure of the ground surface or traffic
`
`surface
`
`0024
`
`Alternatively it
`
`is also possible for the controller
`
`to regulate the lifting
`
`state of the lifting columns by means o