Case 1:17-cv-00770-JDW Document 369-9 Filed 04/12/24 Page 1 of 16 PageID #: 33524
`Case 1:17-cv-00770-JDW Document 369-9 Filed 04/12/24 Page 1 of 16 PagelD #: 33524
`
`EXHIBIT 9
`EXHIBIT 9
`
`
`Case 1:17-cv-00770-JDW Document 369-9 Filed 04/12/24 Page 1 of 16 PagelD #: 33524
`
`EXHIBIT 9
`EXHIBIT 9
`
`
`
`Case 1:17-cv-00770-JDW Document 369-9 Filed 04/12/24 Page 2 of 16 PageID #: 33525
`
`Serial No 14683273
`Filed April 102015
`Customer No 23456
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Busley et al
`14683273
`April 102015
`Automotive Construction Machine As Well As Lifting Column For
`A Construction Machine
`3652
`
`Singh
`014035
`23456
`
`PRELIMINARY AMENDMENT
`
`Applicant
`Serial No
`
`Filed
`For
`
`Group Art Unit
`Examiner
`Attorneys Docket No
`Customer No
`
`VIA EFSWEB
`Mail Stop Amendment
`Commissioner for Patents
`
`Please amend the above identified application as follows prior to taking any action
`
`thereon
`
`This amendment
`
`is being filed along with a response to notice of missing parts and
`
`the 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 230035
`
`Claim amendments begin on page 2 of this paper
`
`Comments begin on page 10 of this paper
`
`4570.0381
`
`WA
`
`0000985
`
`
`
`Case 1:17-cv-00770-JDW Document 369-9 Filed 04/12/24 Page 3 of 16 PageID #: 33526
`
`Serial No 14683273
`Filed April 102015
`Customer No 23456
`
`CLAIM AMENDMENTS
`
`Please amend the claims as follows
`
`1
`
`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 measuring devices each lifting position measuring device
`
`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 path signal pertaining to the for information on a current
`
`lifting position of the lifting column is continuously detectable by the measuring device
`
`2
`
`original The road construction machine of claim 1 further comprising
`
`an indicator device operable to display the lifting positions of each
`
`of the lifting
`
`columns corresponding to the path signals detected by the lifting position measuring devices
`
`2
`
`4570.0382
`
`WA
`
`0000986
`
`
`
`Case 1:17-cv-00770-JDW Document 369-9 Filed 04/12/24 Page 4 of 16 PageID #: 33527
`
`Serial No 14683273
`Filed April 102015
`Customer No 23456
`
`3
`
`original The road construction machine of claim 1 wherein
`
`each of the lifting position measuring devices includes a wirerope and a wirerope
`
`sensor
`
`4
`
`original The road construction machine of claim 3 wherein
`
`each of
`
`the wire ropes is under tension and capable of being rolled up and is
`
`connected
`
`to its respective lifting column such that the path signal pertaining to the lifting
`
`position of the lifting column is continuously detectable by the wirerope sensor
`
`5
`
`original The road construction machine of claim 1 further comprising
`
`a controller operable to define a reference
`
`plane relative to the ground surface or
`
`traffic surface and to store measured signals from the lifting position measuring
`
`devices
`
`corresponding to current
`
`lifting positions of
`
`the lifting
`
`columns and to thereby define a
`
`current spatial position of the machine frame relative to the reference plane as a reference
`
`spatial position of the machine frame
`
`6
`
`original The road construction machine of claim 1 further comprising
`
`a controller operable to adjust at least one limiting value for the height adjustment of
`
`each of the lifting columns the at
`
`least one limiting value defining a highest andor lowest
`
`lifting position of each of the lifting columns
`
`7
`
`original The road construction machine of claim 6 wherein
`
`the limiting value for the height adjustment prevents engagement of a mechanical
`
`limit stop of the piston against
`
`the cylinder of the piston cylinder unit of each lifting column
`
`3
`
`4570.0383
`
`WA
`
`0000987
`
`
`
`Case 1:17-cv-00770-JDW Document 369-9 Filed 04/12/24 Page 5 of 16 PageID #: 33528
`
`Serial No 14683273
`Filed April 102015
`Customer No 23456
`
`8
`
`original The road construction machine of claim 1 further comprising
`
`a controller operable 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 a ground surface or traffic surface and transverse to a direction of travel of the machine
`
`frame
`
`9
`
`original The road construction machine of claim 8 wherein
`
`the controller
`
`is operable to vary the transverse inclination of the machine frame in a
`
`pre determined path dependent
`
`transverse inclination sequence
`
`10
`
`original The road construction machine of claim 1 further comprising
`
`a controller 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 manner
`
`11
`
`original The road construction machine of claim 10 wherein
`
`the height of the neighboring lifting column is adjusted by the same amount as the
`
`alteration of the height of said one of the lifting columns
`
`12
`
`original The road construction machine of claim 10 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
`
`4570.0384
`
`WA
`
`0000988
`
`
`
`Case 1:17-cv-00770-JDW Document 369-9 Filed 04/12/24 Page 6 of 16 PageID #: 33529
`
`Serial No 14683273
`Filed April 102015
`Customer No 23456
`
`13
`
`original The road construction machine of claim 1 further comprising
`
`a controller operable to reduce overshooting in the adjustment of the lifting positions
`
`of the lifting columns with reference to desired lifting positions of the lifting columns
`
`14
`
`original The road construction machine of claim 1 further comprising
`
`a controller the controller and the measuring devices being operable to calibrate the
`
`lifting positions measured by the measuring devices to a unit of length
`
`15
`
`original The road construction machine of claim 1 further comprising
`
`a controller operable to regulate a working depth of the working drum at
`
`least in part
`
`in response to the path signals measured by the measuring devices
`
`16
`
`original The road construction machine of claim 1 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
`
`17
`
`original The road construction machine of claim 16 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
`
`4570.0385
`
`WA
`
`0000989
`
`
`
`Case 1:17-cv-00770-JDW Document 369-9 Filed 04/12/24 Page 7 of 16 PageID #: 33530
`
`Serial No 14683273
`Filed April 102015
`Customer No 23456
`
`18
`
`original The road construction machine of claim 1 wherein
`
`each of the lifting position measuring devices is connected to the at
`
`least one piston
`
`cylinder unit located within its associated lifting column
`
`19
`
`original The road construction machine of claim 1 wherein
`
`each
`
`of
`
`the lifting
`
`position measuring devices
`
`is connected
`
`between
`
`the two
`
`telescoping hollow column members of its associated lifting column
`
`20
`
`original The road construction machine of claim 1 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
`
`21
`
`original The road construction machine of claim 1 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 two telescoping hollow column members of the lifting column
`
`22
`
`original The road construction machine of claim 1 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
`
`one the two telescoping hollow column members of the lifting column and an element of the
`
`at least one piston cylinder unit located within the lifting column
`
`6
`
`4570.0386
`
`WA
`
`0000990
`
`
`
`Case 1:17-cv-00770-JDW Document 369-9 Filed 04/12/24 Page 8 of 16 PageID #: 33531
`
`Serial No 14683273
`Filed April 102015
`Customer No 23456
`
`23
`
`currently amended A method of operating a road construction machine the
`
`machine including
`
`a machine frame a working drum supported from the machine frame a
`
`plurality of ground engaging supports and a plurality of lifting columns connected
`
`between
`
`the machine frame and the ground engaging supports the method comprising
`
`detecting a lifting position of each of the lifting columns and continuously generating
`
`a path signal
`
`for each
`
`lifting column corresponding to the lifting position of each
`
`lifting
`
`column
`
`24
`
`original The method of claim 23 further comprising
`
`receiving the path signals in a controller and
`
`regulating the lifting positions of the lifting columns with the controller
`
`in response to
`
`the path signals received by the controller
`
`25
`
`original The method of claim 24 further comprising
`
`defining a reference plane with the controller
`
`relative to a ground surface and storing
`
`path signals received by the controller and thereby defining a current spatial position of the
`
`machine frame relative to the reference plane as a reference spatial position of the machine
`
`frame
`
`26
`
`original The method of claim 24 further comprising
`
`adjusting with the controller at least one limiting value for a height adjustment of each
`
`of the lifting columns the at
`
`least one limiting value defining a highest andor lowest
`
`lifting
`
`position of each of the lifting columns
`
`27
`
`original The method of claim 26 wherein
`
`7
`
`4570.0387
`
`WA
`
`0000991
`
`
`
`Case 1:17-cv-00770-JDW Document 369-9 Filed 04/12/24 Page 9 of 16 PageID #: 33532
`
`Serial No 14683273
`Filed April 102015
`Customer No 23456
`
`the limiting value for the height adjustment prevents engagement of a mechanical
`
`limit stop of a piston against a cylinder of a piston cylinder unit of each of the lifting columns
`
`28
`
`original The method of claim 24 wherein
`
`the regulating step comprises regulating the lifting positions of the plurality of
`
`lifting
`
`columns in such a manner
`
`that the machine frame has a predetermined transverse inclination
`
`relative to a ground surface and transverse to a direction of travel of the machine frame
`
`29
`
`original The method of claim 28 wherein
`
`the regulating step comprises varying the transverse inclination of the machine frame
`
`in a pre determined path dependent
`
`transverse inclination sequence
`
`30
`
`original The method of claim 24 wherein
`
`the regulating step comprises altering a lifting position and height of one of the lifting
`
`columns and adjusting in height
`
`in an opposite manner
`
`a neighboring lifting
`
`column in
`
`transverse direction or longitudinal direction of the machine frame
`
`31
`
`original The method of claim 30 wherein
`
`the regulating step further comprises adjusting the height of the neighboring lifting
`
`column by the same amount as the alteration of the height of said one of the lifting columns
`
`32
`
`original The method of claim 30 wherein
`
`said one of the lifting columns and said neighboring lifting column are connected to
`
`two front ground engaging supports and the regulating step further comprises adjusting the
`
`lifting
`
`columns
`
`connected
`
`to the two front ground engaging supports so that
`
`the lifting
`
`8
`
`4570.0388
`
`WA
`
`0000992
`
`
`
`Case 1:17-cv-00770-JDW Document 369-9 Filed 04/12/24 Page 10 of 16 PageID #: 33533
`
`Serial No 14683273
`Filed April 102015
`Customer No 23456
`
`columns connected to the front ground engaging supports are height adjusted in the manner
`
`of a full floating axle
`
`33
`
`original The method of claim 24 wherein
`
`the regulating step further comprises reducing overshooting in the adjustment of the
`
`lifting positions of the lifting columns with reference to desired lifting positions of the lifting
`
`col urrins
`
`34
`
`original The method of claim 24 wherein
`
`the regulating step further comprises regulating a working depth of the working drum
`
`at least
`
`in part in response to the path signals received by the controller
`
`35
`
`original The method of claim 23 further comprising
`
`displaying the lifting positions of each of the lifting columns on an indicator device
`
`36
`
`original The method of claim 23 wherein
`
`the measuring step comprises measuring the lifting positions with wire rope sensors
`
`9
`
`4570.0389
`
`WA
`
`0000993
`
`
`
`Case 1:17-cv-00770-JDW Document 369-9 Filed 04/12/24 Page 11 of 16 PageID #: 33534
`
`COMMENTS
`
`Consideration and allowance of claims 136 is requested
`
`Serial No 14683273
`Filed April 102015
`Customer No 23456
`
`Respectfully submitted
`
`Lucian Wayne Beavers Reg No 28J 83
`Lucian Wayne Beavers
`Registration No 28183
`PATTERSON INTELLECTUAL PROPERTY LAW PC
`A Professional Corporation
`Customer No 23456
`Phone 6152422400
`
`ATTORNEY FOR APPLICANT
`
`10
`
`4570.0390
`
`WA
`
`0000994
`
`
`
`Case 1:17-cv-00770-JDW Document 369-9 Filed 04/12/24 Page 12 of 16 PageID #: 33535
`
`Electronic Patent Application Fee Transmittal
`
`Application Number
`
`Filing Date
`
`14683273
`
`10 Apr 2015
`
`Title of Invention
`
`Automotive Construction Machine As Well As Lifting Column For A
`Construction Machine
`
`First Named InventorApplicant Name
`
`Peter Busley
`
`Filer
`
`Lucian Wayne BeaversClaire Ulanoff
`
`Attorney Docket Number
`
`014035 D1110
`
`Filed as Large Entity
`
`Filing Fees for Utility under 35 USC 111a
`
`Description
`
`Fee Code
`
`Quantity
`
`Amount
`
`SubTotal
`USD$
`
`in
`
`Utility application filing
`
`Utility Search Fee
`
`Utility Examination Fee
`
`1011
`
`1111
`
`1311
`
`1
`
`1
`
`1
`
`280
`
`600
`
`720
`
`280
`
`600
`
`720
`
`Basic Filing
`
`Pages
`
`Claims
`
`Claims in Excess of 20
`
`1202
`
`16
`
`80
`
`1280
`
`Miscellaneous Filing
`
`Late Filing Fee for Oath or Declaration
`
`1051
`
`1
`
`140
`
`140
`
`4570.0391
`
`WA
`
`0000995
`
`
`
`Case 1:17-cv-00770-JDW Document 369-9 Filed 04/12/24 Page 13 of 16 PageID #: 33536
`SubTotal
`USD$
`
`Amount
`
`in
`
`Description
`
`Fee Code
`
`Quantity
`
`Petition
`
`Patent Appeals and Interference
`
`Post Allowance and Post Issuance
`
`Extension of Time
`
`Extension
`
`1 month with $0 paid
`
`1251
`
`1
`
`200
`
`200
`
`Miscellaneous
`
`Total
`
`in USD $
`
`3220
`
`4570.0392
`
`WA
`
`0000996
`
`
`
`Case 1:17-cv-00770-JDW Document 369-9 Filed 04/12/24 Page 14 of 16 PageID #: 33537
`
`Electronic Acknowledgement Receipt
`
`EFS ID
`
`Application Number
`
`23080606
`
`14683273
`
`International Application Number
`
`Confirmation Number
`
`1219
`
`Title of Invention
`
`Automotive Construction Machine As Well As Lifting Column For A
`Construction Machine
`
`First Named InventorApplicant Name
`
`Peter Busley
`
`Customer Number
`
`23456
`
`Filer
`
`Lucian Wayne Beavers
`
`Filer Authorized By
`
`Attorney Docket Number
`
`014035 D1110
`
`Receipt Date
`
`Filing Date
`
`Time Stamp
`
`31JUL2015
`
`10 APR 2015
`
`120038
`
`Application Type
`
`Utility under 35 USC 111a
`
`Payment information
`
`Submitted with Payment
`
`Payment Type
`
`Payment was successfully received in RAM
`RAM confirmation Number
`
`Deposit Account
`
`Authorized User
`
`yes
`
`Credit Card
`
`$3220
`
`8683
`
`The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows
`
`4570.0393
`
`WA
`
`0000997
`
`
`
`Case 1:17-cv-00770-JDW Document 369-9 Filed 04/12/24 Page 15 of 16 PageID #: 33538
`
`Document Description
`
`File Name
`
`File SizeBytes
`Message Digest
`
`Multi
`Part zip
`
`Pages
`if appl
`
`to Pre Exam
`Applicant Response
`Formalities Notice
`
`2922603PDF
`
`File Listing
`
`Document
`Number
`
`Warnings
`
`Information
`
`25001
`
`37ccf1077d918f78ad98774ae9tac41c0 7 bah
`fec
`
`310589
`
`46f7c124ec54c2481n029404388e4fkI31
`
`lblf
`
`995750
`
`3
`
`1
`
`d d114d1Oed316b0
`
`1101t1
`
`no
`
`no
`
`no
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`
`2
`
`2
`
`2
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`Oath or Declaration filed
`
`2922169PDF
`
`Warnings
`
`Information
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`3
`
`Oath or Declaration filed
`
`2922177PDF
`
`Warnings
`
`Information
`
`Warnings
`
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`
`2922209PDF
`
`yes
`
`10
`
`51454
`
`2e3a9raldebISacrbd3RH4bd191105
`bbdR
`
`Multipart DescriptionPDF files in zip description
`
`Document Description
`
`Start
`
`End
`
`Preliminary Amendment
`
`Claims
`
`Applicant ArgumentsRemarks Made in an Amend ment
`
`1
`
`2
`
`10
`
`40107
`
`9
`
`10
`
`5
`
`Fee Worksheet 5B06
`
`feeinfopdf
`
`no
`
`2
`
`yiwomal OM I 3139155311a93333
`
`1113363ba0
`
`c16
`
`Warnings
`
`Information
`
`Total Files Size in bytes
`
`1422901
`
`4570.0394
`
`WA
`
`0000998
`
`
`
`Case 1:17-cv-00770-JDW Document 369-9 Filed 04/12/24 Page 16 of 16 PageID #: 33539
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents
`characterized by the applicant and including page counts where applicable It serves as evidence of receipt similar to a
`Post Card as described in MPEP 503
`
`New Applications Under 35 USC 111
`If a new application is being filed and the application includes the necessary components for a filing date see 37 FR
`153b d and MPEP 506 a Filing Receipt 37 FR 154 will be issued in due course and the date shown on this
`
`Acknowledgement Receipt will establish the filing date of the application
`
`National Stage of an International Application under 35 USC 371
`If a timely submission to enter the national stage of an international application is compliant with the conditions of 35
`USC 371 and other applicable requirements a Form PCTDOE0903 indicating acceptance of the application as a
`national stage submission under 35 USC 371 will be issued in addition to the Filing Receipt
`in due course
`
`New International Application Filed with the USPTO as a Receiving Office
`If a new international application is being filed and the international application includes the necessary components for
`filing date see PCT Article 11 and MPEP 1810 a Notification of the International Application Number
`an international
`and of the International Filing Date Form PCTRO105 will be issued in due course subject to prescriptions concerning
`national security and the date shown on this Acknowledgement Receipt will establish the international
`filing date of
`the application
`
`4570.0395
`
`WA
`
`0000999
`
`
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