Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 1 of 18 PageID #: 34984
`
`Exhibit M
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`
`
`Exhibit M
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`
`
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 2 of 18 PageID #: 34985
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 2 of 18 PagelD #: 34985
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`IN THE UNITED STATES PATENT AND TRADEMARKOFFICE
`
`Applicant:
`Serial No.:
`Filed:
`For:
`
`Group Art Unit:
`Examiner:
`Attorney’s Docket No.:
`CustomerNo.:
`
`Busley et al
`11/991,846
`March 12, 2008
`Automotive Construction Engine and Lifting Columnfor a
`Construction Engine
`3676
`Thomas 8S. Bomar
`002287
`23456
`
`RESPONSE AND AMENDMENT
`
`VIA EFS-WEB
`Mail Stop Amendment
`Commissioner for Patents
`
`Please amend the above identified application as follows in response to the
`
`Non-Final Office Action of June 3, 2010.
`
`Reconsideration in view of
`
`this
`
`amendmentis requested.
`
`
`Request For Extension Of Time
`
`Applicant requests a retroactive one month extension of time to and including
`
`October 3, 2010 within which tofile the response. The fee for the extension of time
`
`is being paid electronically via deposit account simultaneously with thefiling of this
`
`response.
`
`Amendmentsto the Specification begin on page 2 of this paper.
`
`Amendments to the Claims begin on page 4 of this paper.
`
`Amendments to the Abstract begin on page 11 of this paper.
`
`Comments begin on page 12 of this paper.
`
`CERTIFICATE OF ELECTRONIC TRANSMISSION
`
`I certify that this paper and/or fee was transmitted to the United States Patent and Trademark Office using the
`EFS-Webfiling system on September 28, 2010, by/L. Wayne Beavers, 28,183/
`L. Wayne Beavers
`
`
`
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 3 of 18 PageID #: 34986
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 3 of 18 PagelD #: 34986
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`AMENDMENTS TO THE SPECIFICATION
`
`Please amend the paragraphs [0001],
`
`[0012],
`
`[0016],
`
`[0018],
`
`[0039], and
`
`[[0051] as follows. The paragraph numbering is that set forth in U.S Patent
`
`Application Publication No. 2010/0109422 for the present application.
`
`[0001] The invention relates to an automotive construction machine m-aceerdance
`
`
`with+the—pre-characterizine clause—of clann—_t, as well as a lifting column for a
`
`
`construction machine +-accordanece-with the pre-characterizine clause of clannts.
`
`
`
`[0012]The-characteristics_ofas_ofclann18,serveteprevide—aclannaswell
`
`
`
`
`
`[0016] The measuring device for the lifting position preferably eensists-efincludes a
`
`path measuring device, and all known path measuring systemslike, for instance,
`
`capacitive,
`
`inductive, mechanical path measuring systems or
`
`laser measuring
`
`systems may be used.
`
`[0018] A preferred path measuring device censists-efincludes at least one wire-rope
`
`that is coupled with the elements of a lifting column, and one wire-rope sensor.
`
`[0039] FIG 1 shows a road construction machine 1 for producing and working
`
`carriageways by stabilizing insufficiently stable soils or by recycling road surfaces,
`
`2
`
`
`
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 4 of 18 PageID #: 34987
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 4 of 18 PagelD #: 34987
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`with a machine frame 4 supported by a chassis 2, as it is basically known from DE
`
`103 57 074 B3. The chassis 2 1s provided with two each rear and front wheels 10,
`
`which are attached to lifting columns 14 in a height-adjustable manner and can be
`
`raised and lowered independently of one another or also synchronously to one
`
`another.
`
`It is understood that other drive means lke, for instance, crawler track
`
`
`units may also be provide in lieu of the wheels 10. The wheels or crawler track
`
`units may also be referred to as ground engaging supports for supporting the
`
`
`construction machine on the ground surface or traffic surface 24. The lifting
`
`columns 14 are attached to the machine frame 4.
`
`[0051] The lifting column 14 is provided with a measuring device 18 for measuring
`
`the current lifting state of the lifting column 14.
`
`In the embodiment, the said
`
`measuring device 18 censists—ef includes a wire-rope 22 that is attached to the
`
`support 11 or the lower hollow cylinder 15 and is, on the other hand, coupled with a
`
`wire-rope sensor 21 that is attached at the cylinder element of the piston cylinder
`
`unit 16 or at the upper hollow cylinder 18. The stroke path of the lifting column 14
`
`can be measured by meansof the wire-rope sensor 21. The wire-rope sensor 21, and
`
`the path signal produced by the same, is ultimately also suitable for being converted
`
`into a velocity signal or acceleration signal by including a time measurement.
`
`
`
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 5 of 18 PageID #: 34988
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 5 of 18 PagelD #: 34988
`
`COMPLETE LISTING OF CLAIMS
`
`This listing of claims will replace all prior versions, andlistings, of claims in
`
`the application:
`
`Claims 1 — 19 (cancelled)
`
`Claim 20 (new): A road construction machine, comprising:
`
`a machine frame;
`
`a working drum supported from the machine frame for working a ground
`
`surface ortraffic surface;
`
`a plurality of ground engaging supports for supporting the construction
`
`machine on the ground surfaceor traffic surface;
`
`a plurality of lifting columns, each one ofthe 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 cylinders and at least one
`
`piston-cylinder unit located within the telescoping hollow cylinders for adjusting a
`
`height of the lifting column so that each one of the lifting columnsis 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
`
`cylindersrelative to the other of the two telescoping hollow cylinders;
`
`
`
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 6 of 18 PageID #: 34989
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 6 of 18 PagelD #: 34989
`
`a plurality of
`
`lfting 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 thelifting position of the lifting column is continuously detectable by
`
`the measuring device; and
`
`a controller operably connected to the lifting position measuring devices to
`
`receive the path signals from the lifting position measuring devices, the controller
`
`being operable to regulate the lifting positions of the lifting columns in response to
`
`the path signals detected by the lifting position measuring devices.
`
`Claim 21 (new): The road construction machineof claim 20, 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.
`
`Claim 22 (new): The road construction machine of claim 20, wherein:
`
`each of the lifting position measuring devices includes a wire-rope and a wire-
`
`rope sensor.
`
`Claim 23 (new): The road construction machine of claim 22, wherein:
`
`
`
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 7 of 18 PageID #: 34990
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 7 of 18 PagelD #: 34990
`
`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 wire-rope
`
`sensor.
`
`Claim 24 (new): The road construction machine of claim 20, wherein:
`
`the controller is operable to define a reference plane relative to the ground
`
`surface or traffic surface, and the controller is operable to store measured signals
`
`from the lifting position measuring devices correspondingto current lifting positions
`
`of the lifting columnsand 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.
`
`Claim 25 (new): The road construction machine of claim 20, wherein:
`
`the controller is operable to adjust at least one limiting value for the height
`
`adjustmentof each of the lifting columns, the at least one limiting value defining a
`
`highest and/or lowestlifting position of each of the lifting columns.
`
`Claim 26 (new): The road construction machine of claim 25, wherein:
`
`the limiting value for the height adjustment prevents engagement of a
`
`mechanicallimit stop of the piston against the cylinderof the piston cylinder unit of
`
`each lifting column.
`
`
`
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 8 of 18 PageID #: 34991
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 8 of 18 PagelD #: 34991
`
`Claim 27 (new): The construction machine of claim 20, wherein:
`
`the controller is 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 ortraffic surface and transverse
`
`to a direction of travel of the machine frame.
`
`Claim 28 (new): The construction machine of claim 27, wherein:
`
`the controller is operable to vary the transverse inclination of the machine
`
`frame in a pre-determined path-dependent transverse inclination sequence.
`
`Claim 29 (new): The road construction machine of claim 20, wherein:
`
`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 frameis adjusted in height in an opposite manner.
`
`Claim 30 (new): The road construction machine of claim 29, wherein:
`
`the height of the neighboring lifting column is adjusted by the same amount
`
`as the alteration of the height of said oneof the lifting columns.
`
`Claim 31 (new): The road construction machine of claim 29, wherein:
`
`
`
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 9 of 18 PageID #: 34992
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 9 of 18 PagelD #: 34992
`
`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
`
`mannerof a full-floating axle.
`
`Claim 32 (new): The road construction machine of claim 20, wherein:
`
`the controller is 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.
`
`Claim 33 (new): The road construction machine of claim 20, wherein:
`
`the controller and the measuring devices are operable to calibrate the lifting
`
`positions measured by the measuring devices to a unit of length.
`
`Claim 34 (new): The road construction machine of claim 20, wherein:
`
`the controller is operable to regulate a working depth of the working drum at
`
`least in part in responseto the path signals measured by the measuring devices.
`
`Claim 35 (new): The road construction machine of claim 20, wherein:
`
`each of the lifting columnsincludesa 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
`
`
`
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 10 of 18 PageID #: 34993
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 10 of 18 PagelD #: 34993
`
`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.
`
`Claim 36 (new): The road construction machine of claim 35, 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.
`
`Claim 37 (new): The road construction machine of claim 20, wherein:
`
`each of the distance sensors is connected to the at least one piston-cylinder
`
`unit located within its associated lifting column.
`
`Claim 38 (new): The road construction machine of claim 20, wherein:
`
`each of the distance sensors is connected between the two telescoping hollow
`
`membersof its associated lifting column.
`
`Claim 39 (new): The road construction machine of claim 20, wherein:
`
`the elements of the lifting column, which elements are capable of being
`
`displaced relative to one another in accordance withthelifting position of the lifting
`
`
`
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 11 of 18 PageID #: 34994
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 11 of 18 PagelD #: 34994
`
`column,
`
`include the at least one piston-cylinder unit located within the lifting
`
`column.
`
`Claim 40 (new): The road construction machine of claim 20, wherein:
`
`the elements of the lifting column, which elements are capable of being
`
`displaced relative to one another in accordance withthelifting position of the lifting
`
`column, include the two telescoping hollow membersof the lifting column.
`
`Claim 41 (new): The road construction machine of claim 20, wherein:
`
`the elements of the lifting column, which elements are capable of being
`
`displaced relative to one another in accordance withthelifting position of the lifting
`
`column, include one the two telescoping hollow membersof the lifting column and
`
`an elementof the at least one piston-cylinder unit located within the lifting column.
`
`10
`
`
`
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 12 of 18 PageID #: 34995
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 12 of 18 PagelD #: 34995
`
`AMENDMENTTO THE ABSTRACT
`
`Please delete the original abstract and substitute the following therefor:
`
`A road construction machine includes a machine frame, a working drum and
`
`a plurality of ground engaging supports. A plurality of lifting columns are
`
`connected between the machine frame and the ground engaging supports. Each of
`
`the lifting columnsinclude two telescoping hollow cylinders. A plurality of lifting
`
`position measuring devices are provided, each 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 withthelifting position of the lifting
`
`column in such a mannerthat a path signal pertaining to a lifting position of the
`
`lifting column is continuously detectable by the measuring device. A controller is
`
`operably connected to the lifting position measuring devices to receive the path
`
`signals and to regulate the lifting positions of the lifting columnsin responseto the
`
`path signals.
`
`11
`
`
`
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 13 of 18 PageID #: 34996
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 13 of 18 PagelD #: 34996
`
`Specifications/Abstract
`
`The Examiner had objected to the abstract because of length andthe use of
`
`certain language. A new abstract has been submitted.
`
`
`Claim Rejections- 35 U.S.C. § 112
`
`The Examiner had made a numberof objections under § 112 to the language
`
`of original claims 1 — 19.
`
`Those claims have been cancelled and a substantively similar new set of
`
`claims in proper format have been submitted as new claims 20 — 41.
`
`
`The Substantively Rejections
`
`New independent claim 20 is substantively similar to original claim 1, which
`
`was rejected based upon U.S. Patent Application Publication No. 2002/0047301 of
`
`Davis in view of U.S. Patent No. 6,152,648 of Gfroerer et al., and accordingly the
`
`Examiner’s grounds of rejection of claim 1 will be addressed with regard to new
`
`claim 20.
`
`Independent claim 20 includes at least the following features which are not
`
`shownor suggested by Davis or Gfroerer:
`
`1. A plurality of lifting position measure 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
`
`12
`
`
`
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 14 of 18 PageID #: 34997
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 14 of 18 PagelD #: 34997
`
`another in accordance with the lifting position of the lifting column in
`
`such a manner that a path signal pertainingto the lifting position of the
`
`lifting column is continuously detectable by the measuring device; and
`
`2. A controller operably connected to the lifting position measuring devices
`
`to receive the path signals from thelifting position measuring devices, the
`
`controller being operable to regulate the lifting positions of the lifting
`
`columns in response to the path signals detected by the lifting position
`
`measuring devices.
`
`Regarding the Davis reference,
`
`its measuring devices 13 and 14 do not
`
`measure the lifting position of the lifting columns, and they do not detect a “path
`
`signal.” The measuring devices 18 and 14 of Davis are not 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; they are
`
`attached to the frame and are simply conventional devices for measuring the height
`
`of the frame above the ground. While that height may change in response to
`
`changes in the lifting position of the lifting columns, those sensors 13 and 14 do not
`
`directly measure the lifting position of any of the lifting columns. The Examiner
`
`has recognized this shortcoming of Davis as noted by the following statement at the
`
`middle of page 5 of the Office Action:
`
`“However, it is not specifically taught that the measuring device is
`coupled with elementsof the lifting column, so that the measuring
`devices are capable of being displaced relative to one another in
`accordance with the lifting position, in such a manner that a path
`
`13
`
`
`
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 15 of 18 PageID #: 34998
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 15 of 18 PagelD #: 34998
`
`signal pertaining to the lifting position of each lifting column is
`continuously detectable by the measuring device.”
`
`The Examiner cites Gfroerer et al in an attempt to supply the element
`
`missing from Davis, but with respect the Examiner has misinterpreted the Gfroerer
`
`reference. The Examiner has referred to the measuring device 93 of Gfroerer as
`
`purportedly being a “path measuring device”. That is not correct.
`
`The measuring devices 93 and 91 associated with Gfroerer’s lifting column
`
`are simply proximity sensors, each of which can only identify whether or not the
`
`lifting column is in a single defined position. The sensor 98 is a service height
`
`sensor which determines whetherthe lifting column has been extended in a manner
`
`which allows service personnel to access the underside of the construction machine.
`
`Similarly, the sensor 91 1s an “auto stop sensor” which provides an auto stop signal
`
`corresponding to thelifting columns being at a position allowing for milling of the
`
`pavement by the milling drum. These are proximity sensors which merely indicate
`
`whetheror not the lifting column is in a defined position, and they do not provide a
`
`“path signal pertaining to the lifting position of the lifting column” which is
`
`“continuously detectable by the measuring device”. This is very clear from the
`
`following passage at Column 38, Lines 27 -40 of Gfroerer:
`
`The jump/return to grade control system 10 typically includes an
`auto stop sensor 91 and a service height sensor 93, preferably
`proximity sensors,
`for sensing the relative extension of the
`hydraulically actuated strut assemblies 22 and providing a signal
`representative of the relative extension of the hydraulically
`
`14
`
`
`
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 16 of 18 PageID #: 34999
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`
`26.
`controller
`the
`to
`22
`assemblies
`strut
`actuated
`the service height sensor provides a service
`Advantageously,
`height signal representative of the rear legs being extended to a
`length typically allowing service to the cold planer and not
`typically used for milling operations, and the auto stop sensor
`provides an auto stop signal representative of the rear legs being
`extended to a length typically allowing for milling of
`the
`pavementby the planing cylinder 21.
`
`Accordingly, it is respectfully submitted that claim 20 should be allowed over
`
`the cited references.
`
`
`The Dependent Claims
`
`New claims 21 through 41 are all dependent either directly or indirectly from
`
`new claim 20 discussed above, and accordingly are believed to be allowable for all of
`
`the reasons given above for independent claim 20. Additionally, each of the
`
`dependent claims include additional features that also distinguish over the cited
`
`references, but it is not considered necessary to rely on those additional features
`
`given the patentability of the independent claim discussed above. The absence of
`
`any argument in this response based on any of those dependent claims should not
`
`be taken as an acknowledgement that the combinations defined by the dependent
`
`claimsare disclosed or suggested by anyof the references of record.
`
`15
`
`
`
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 17 of 18 PageID #: 35000
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 17 of 18 PagelD #: 35000
`
`Conclusion
`
`In summary, it is submitted that the arguments and amendmentssetforth
`
`above are sound, and accordingly, reconsideration of the application is requested
`
`along with an early indication of the allowance of claims 20 through 41.
`
`The Commissioner is authorized to charge any deficiency or credit any
`
`overpaymentassociated with thefiling of this Response to Deposit Account 23-0035.
`
`Respectfully submitted,
`
`/Lucian Wayne Beavers, 28,183/
`Lucian Wayne Beavers
`Registration No. 28,183
`WADDEY & PATTERSON
`A Professional Corporation
`Customer No. 23456
`
`ATTORNEY FOR APPLICANT
`
`Lucian Wayne Beavers
`Waddey & Patterson, P.C.
`Roundabout Plaza
`1600 Division Street, Suite 500
`Nashville, TN 37203
`(615) 242-2400
`
`16
`
`
`
`Case 1:17-cv-00770-JDW Document 383-13 Filed 05/10/24 Page 18 of 18 PageID #: 35001
`
`
`
`CERTIFICATE OF SERVICE
`
`I, Adam W. Poff Esquire, hereby certify that on May 10, 2024, I caused the foregoing
`
`document to be served by email upon the following counsel:
`
`Bindu A. Palapura
`Andrew L. Brown
`POTTER ANDERSON & CORROON, LLP
`1313 N. Market Street, 6th Floor
`Wilmington, DE 19801
`bpalapura@potteranderson.com
`abrown@potteranderson.com
`
`James C. Yoon
`Ryan R. Smith
`Christopher Mays
`WILSON SONSINI GOODRICH &
`ROSATI, P.C.
`650 Page Mill Road
`Palo Alto, CA 94304
`jyoon@wsgr.com
`rsmith@wsgr.com
`cmays@wsgr.com
`
`
`
`
`
`
`
`
`
`Lucy Yen
`Michelle Dang
`WILSON SONSINI GOODRICH &
`ROSATI, P.C.
`1301 Avenue of the Americas
`40th Floor
`New York, NY 10019
`lyen@wsgr.com
`mdang@wsgr.com
`
`Matthew A. Macdonald
`Naoya Son
`Alexander Turner
`Neil N. Desai
`WILSON SONSINI GOODRICH &
`ROSATI, P.C.
`953 East Third Street
`Suite 100
`Los Angeles, CA 90013
`matthew.macdonald@wsgr.com
`nson@wsgr.com
`aturner@wsgr.com
`ndesai@wsgr.com
`
`caterpillar@wsgr.com
`
`YOUNG CONAWAY STARGATT &
`TAYLOR, LLP
`
`/s/ Adam W. Poff
`Adam W. Poff (No. 3990)
`Samantha G. Wilson (No. 5816)
`Rodney Square
`1000 North King Street
`Wilmington, DE 19801
`(302) 571-6600
`apoff@ycst.com
`swilson@ycst.com
`
`Attorneys for Plaintiff
`
`
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