Case 1:17-cv-00770-JDW Document 399-1 Filed 05/31/24 Page 1 of 16 PageID #: 36450
`Case 1:17-cv-00770-JDW Document 399-1 Filed 05/31/24 Page 1 of 16 PagelD #: 36450
`
`EXHIBIT 40
`EXHIBIT 40
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`

`

`grvalpima
`
`U.;
`
`DEPARTMENT OF C
`
`'R
`
`Uen€ted. States
`
`and Trademurk O€:
`
`May 31, 2017
`
`THIS IS TO CERTIFY THAT ANNEXED IS A TRUE COPY FROM THE
`RECORDS OF THIS OFFICE OF THE FILE WRAPPER AND CONTENTS
`OF:
`
`APPLICATION NUMBER: 14/683,273
`FILING DATE: April 10, 2015
`PATENT NUMBER: 9656530
`ISSUE DATE: May 23, 2017
`
`(ruder Secretary xsft: s3
`r Intenectu
`and Director of the Fart
`Patent and Trademark
`
`,Wiv, ve-, - s- v.
`
`4i4,44i0K,
`
`WA-0000605
`
`

`

`Electronic Acknowledgement Receipt
`
`EFS ID:
`
`Application Number:
`
`28083699
`
`14683273
`
`International Application Number:
`
`Confirmation Number:
`
`1219
`
`Title of Invention:
`
`Automotive Construction Machine, As Well As Lifting Column For A
`Construction Machine
`
`First Named Inventor/Applicant Name:
`
`Peter Busley
`
`Customer Number:
`
`23456
`
`Filer:
`
`Lucian Wayne Beavers
`
`Filer Authorized By:
`
`Attorney Docket Number:
`
`014035 (D/1110)
`
`Receipt Date:
`
`Filing Date:
`
`Time Stamp:
`
`17-JAN-2017
`
`10-APR-2015
`
`16:43:35
`
`Application Type:
`
`Utility under 35 USC 111(a)
`
`Payment information:
`
`Submitted with Payment
`
`Payment Type
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`Payment was successfully received in RAM
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`yes
`
`CARD
`
`$500
`
`RAM confirmation Number
`
`011817lNTEFSW16442800
`
`Deposit Account
`
`Authorized User
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`The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
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`WA-0001227
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`

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`File Listing:
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`Start
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`End
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`Amendment/Req. Reconsideration-After Non-Final Reject
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`Claims
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`Applicant Arguments/Remarks Made in an Amendment
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`Warnings:
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`Warnings:
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`A U.S. Patent Number Citation or a U.S. Publication Number Citation is required in the Information Disclosure Statement (IDS) form for
`autoloading of data into USPTO systems. You may remove the form to add the required data in order to correct the Informational Message if
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`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
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`
`New Applications Under 35 U.S.C. 111
`If a new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
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`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
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`If a new international application is being filed and the international application includes the necessary components for
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`
`WA-0001229
`
`

`

`Serial No.: 14/683,273
`Filed: April 10, 2015
`Customer No.: 23456
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant:
`Serial No.:
`Filed:
`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
`
`AMENDMENT AND RESPONSE
`
`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 January 12, 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.
`
`WA-0001230
`
`

`

`Serial No.: 14/683,273
`Filed: April 10, 2015
`Customer No.: 23456
`
`CLAIM AMENDMENTS
`
`Please cancel claims 23-41, 64 and 69-72 without prejudice or disclaimer. It is noted
`
`that Applicant intends to further pursue claims 23-41 and 69-72 in a continuation application.
`
`Based upon the indication of allowable subject matter of claims 62-64, claim 42 is being
`
`rewritten to include the subject matter of dependent claim 64, and claim 62 is being rewritten
`
`in independent form in order to put the application in condition for allowance.
`
`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
`
`2
`
`WA-0001231
`
`

`

`Serial No.: 14/683,273
`Filed: April 10, 2015
`Customer No.: 23456
`
`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.
`
`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.
`
`3
`
`WA-0001232
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`

`

`Serial No.: 14/683,273
`Filed: April 10, 2015
`Customer No.: 23456
`
`46.
`
`(previously presented) The road construction machine of claim 43, wherein:
`
`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.
`
`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.
`
`4
`
`WA-0001233
`
`

`

`Serial No.: 14/683,273
`Filed: April 10, 2015
`Customer No.: 23456
`
`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 manner.
`
`52.
`
`(previously presented) The road construction machine of claim 51, 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.
`
`53.
`
`(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.
`
`5
`
`WA-0001234
`
`

`

`Serial No.: 14/683,273
`Filed: April 10, 2015
`Customer No.: 23456
`
`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.
`
`59.
`
`(previously presented) The road construction machine of 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.
`
`(previously presented) The road construction machine of claim 43, wherein:
`
`the controller is configured to bring the machine frame to a frame positon 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.
`
`6
`
`WA-0001235
`
`

`

`62.
`
`(currently amended)
`
`road construction machine, comprising:
`
`a machine frame;
`
`Serial No.: 14/683,273
`Filed: April 10, 2015
`Customer No.: 23456
`
`2, wherein: A
`
`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 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
`
`7
`
`WA-0001236
`
`

`

`Serial No.: 14/683,273
`Filed: April 10, 2015
`Customer No.: 23456
`
`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.
`
`(currently amended) The road construction machine of claim 6242, 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.
`
`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 columns.
`
`67.
`
`(previously presented) The road construction machine of claim 42, 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.
`
`8
`
`WA-0001237
`
`

`

`Serial No.: 14/683,273
`Filed: April 10, 2015
`Customer No.: 23456
`
`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)
`
`9
`
`WA-0001238
`
`

`

`Serial No.: 14/683,273
`Filed: April 10, 2015
`Customer No.: 23456
`
`Double Patenting Rejection:
`
`COMMENTS
`
`Applicant has filed herewith Terminal Disclaimers with regard to parent patents
`
`8,113,592 and 9,010,871 to resolve the double patenting rejection.
`
`Supplemental IDS:
`
`Applicant is filing herewith a Supplemental IDS to update the disclosures regarding
`
`Third Party Observations filed in the prosecution of the corresponding European application.
`
`No additional references are cited.
`
`Allowable Subject Matter:
`
`It is noted that the only rejection of prior claims 62-64 was the double patenting
`
`rejection. Applicant has amended independent claim 42 to include the features of dependent
`
`claim 64. Applicant has rewritten claim 62 in independent form to include all of the features
`
`of claim 42 from which it depended. Thus it is believed that claims 42-63 and 65-68 are in
`
`condition for allowance.
`
`Applicant has cancelled claims 23-41 and 69-72 without prejudice or disclaimer and
`
`Applicant will file a continuation application to further prosecute those claims.
`
`Respectfully submitted,
`
`/Lucian Wayne Beavers, Reg. No. 28,183/
`Lucian Wayne Beavers
`Registration No. 28,183
`PATTERSON INTELLECTUAL PROPERTY LAW P.C.
`A Professional Corporation
`Customer No. 23456
`Phone: 615-242-2400
`
`ATTORNEY FOR APPLICANT
`
`10
`
`WA-0001239
`
`

`

`Application Number
`
`II I I I I II I I I I IIII II
`IDocument Code - DISQ
`
`TERMINAL
`DISCLAIMER
`
`Application/Control No.
`
`Applicant(s)/Patent under
`Reexamination
`
`14/683,273
`
`BUSLEY ET AL.
`
`Internal Document — DO NOT MAIL
`
`I
`
`APPROVED
`
`q DISAPPROVED
`
`Date Filed : 17 January,
`2017
`
`This patent is subject
`to a Terminal
`Disclaimer
`
`Approved/Disapproved by:
`
`/CRYSTAL QUEEN/
`
`Technology Center: PLRC
`
`Telephone:
`
`2 TD'S APPROVED.
`
`U.S. Patent and Trademark Office
`
`WA-0001240
`
`