UNITED STATES PATENT AND TRADEMARK OEEICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMIVIISS IONER FOR PATENTS
`P.O Box 1450
`Alexandria Virginia 22313-1450
`www.uspt0 gov
`
`APPLICATION NO.
`
`11/991 846
`
`ISSUE DATE
`
`02/14/2012
`
`PATENT NO.
`
`8113592
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`1881
`
`23456
`
`7590
`
`01/25/2012
`
`WADDEY & PATTERSON, PC.
`1600 DIVISION STREET, SUITE 500
`NASHVILLE, TN 37203
`
`The projected patent number and issue date are specified above.
`
`ISSUE NOTIFICATION
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment is 688 day(s). Any patent to issue from the above-identified application will
`include an indication of the adjustment on the front page.
`
`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information
`Retrieval (PAIR) WEB site (http://pair.uspto. gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the
`Office of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee
`payments should be directed to the Application Assistance Unit (AAU) of the Office of Data Management
`(ODM) at (571)-272-4200.
`
`APPLICANT(S) (Please see PAIR WEB site http://pairllspto gov for additional applicants):
`
`Peter Busley, Linz/Rhein, GERMANY;
`Gunter Tewes, Unkel/Rhein, GERMANY;
`
`IR103 (ReV. 10/09)
`
`Page 1 of 473
`
`CATERPILLAR EXHIBIT 1104
`
`Page 1 of 473
`
`CATERPILLAR EXHIBIT 1104
`
`

`

`Page 1 ofl
`
`wwwuspro gnv CONFIRMATION NO. 1881
`
`UNITED STATE DEPARTMENT 0]“ COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Aiemdm, Vugmn nan-1450
`
`Bib Data Sheet
`
`GROUP ART UNIT
`3672
`
`DAOTgQETNfig
`
`.
`
`002287
`
`SERIAL NUMBER
`11/991,845
`
`‘ PP LICA NTS
`
`FILING 0R 371(c)
`DATE
`03/12/2008
`RULE
`
`Peter Busley, Linz/Rhein, GERMANY;
`Gunter Tewes, Unkel/Rhein, GERMANY;
`
`** CONTINUING DATA *************************
`
`This application is a 371 of PCT/EP2006/066305 09/12/2006
`
`** FOREIGN APPLICATIONS *****************k**
`GERMANY 10 2005 043 5319 09/12/2005
`GERMANY 10 2005 044 211.0 09/15/2005
`
`IF REQUIRED, FOREIGN FILING LICENSE GRANTED
`** 12/23/2009
`
`for following:
`
`es C] no
`.
`Foreign Priority claimed
`'
`'
`31:?SC “9 (a'd) °°"d't'°ns E yes D ”° D Me‘afle'
`n
`II
`erified and
`we Ge
`‘ cknowIed ed
`Examiner's Si nature
`Initials
`‘ DDRESS
`23456
`
`TITLE
`
`STATE 0
`R
`COUNTRY
`GERMANY
`
`HEETS
`S
`DRAWING
`3
`
`0 AL
`T T
`CLAIMS
`19
`
`IND
`
`EN
`EPEND
`CLAIMS
`1
`
`‘ UTOMOTIVE CONSTRUCTION ENGINE AND LIFTING COLUMN FOR A CONTRUCTION ENGINE
`
`FEES: Authority has been given in Paper
`FILING FEE
`RECEIVED No.
`to charge/credit DEPOSIT ACCOUNT
`
`D 1.17 Fees ( Processing Ext. of
`time )
`
`
`El All Fees
`
`Cl 1.16 Fees ( Filing)
`
`
`
`Page 2 of 473
`
`Page 2 of 473
`
`

`

`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissxoner for Patents
`PO. Box 1450
`Alexandria, Virginia 22313-1450
`or Eon (571)-273-2885
`
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1
`through 5 should be completed where
`appropriate. A11 further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current corres ondence address as
`in icated unless corrected below or directed otherwise in Block I, by (a) specifying a new correspondence address; and/or (13) indicating a separate "
`,B ADDRESS“ for
`
`maintenance fee notifications.
`CURRENT CORRESPONDEVCEADDRESS (Noszst Block ”or any changeofaddreSS)
`
`Note: A certificate of mailin can only be USed for domestic mailings of the
`Fee(s) Transmittal. This certt icate cannot be used for any other accompanying
`ave its own certificate of mailing or transmission.
`papers. Each additional paper, such as an assignment or formal drawing, must
`
`23456
`
`7590
`
`10/11/2011
`
`WADDEY & PATTERSON7 P_C_
`1600 DIVISION STREET. SUITE 500
`NASHVILLE, TN 37203
`
`APPLICATION NO.
`
`FILING DATE
`
`.
`_
`Certificate of Mailing onTransmission
`.
`its? strangenesstigztsgtsstsia‘i‘itsflatness;
`addressed to the Mail Sto
`ISSUE FEE address above, or being facsimile
`transmitted to the USPTO ( 71) 273-2885, on the date indicated below.
`
`
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`
`
`
`
`002287
`Peter Busley
`03/12/2008
`11/991,846
`TITLE OF INVENTION: AUTOMOTIVE CONSTRUCTION ENGINE AND LIFI'ING COLUMN FOR A CONTRUCTION ENGINE
`
`188]
`
`APPLN. TYPE
`
`nonprovisional
`
`NO
`
`SINGH. SUNIL
`
`PUBLICATION FEE DUE
`
`$ 1740
`
`3672
`
`$300
`
`299039600
`
`PREV. PAID ISSUE FEE
`30
`
`TOTAL FEEtS) DUE
`
`DATE DUE
`
`$2040
`
`01/11/2012
`
`2. For printing on the patent front page, list
`1. Chan‘ e of correspondence address or indication of "Fee Address" (37
`
`
`
`Waddey & Patterson, RC.
`CFR 1. 63).
`(1) the names of up to 3 registered patent attorneys
`or agents OR, alternatively.
`
`ndcncc address (or Change of Correspondence
`Cl Chan 0 of corrcs
`
`/122) attached.
`Address orm PTO/
`2
`(2) the name of a single firm (having as a member a
`registered attorney or agent) and the names of up to
`D "Fee Address” indication (or "Fee Address" Indication form
`2 registered patent attorneys or agents. If no name is
`3
`
`PTO/SB/47; Rev 03—02 or more recent) attached. Use of a Customer
`listed, no name will be printed.
`Number is required.
`
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`
`PLEASE NOTE: Unless an a $1166 is identified below, no assignce data will appear on the patent.
`If an assignee is identified below, the document has been filed for
`recordation as set forth in 37 C
`3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE 0R COUNTRY)
`
`Wirtgen GmbH
`
`Germany
`
`______.—_._.._..—_.———————-——-———————_———-—_—-——
`Please check the appropriate assignee category or categories (will not be printed on the patent) : D Individual El Corporation or other private group entity D Government
`
`
`
`413. Payment of Fee(s): (Please first reapply any previously paid issue I‘m: shown above)
`4a. The following fee(s) are submitted:
`D A check is enclosed.
`2 Issue Fee
`D Payment by credit card. Form l’I‘O~2038 is attached.
`XI Publication Fee (No small entity discount permitted)
`3 Advance Order - it ofCopies
`B'flie Director is hereby authorized to charge the required cogs), any deficiency. or credit any
`overpayment. to Deposit Account Number 23 . 03 enclose an extra copy of this form).
`
`5. Change in Entity Status (from status indicated above)
`D b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR 1.27(g)(2).
`3 a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27.
`NOTE: The Issue Fee and Publication Fee (if required) will not he accepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other party in
`interest as shown by the records of the United States Patent and Trademark Office.
`
`/Lucian Wayne Beavers, Reg. 28.183/
`
`7
`28183,.
`Registration No.
`LUCian wayne Beavers
`Typed or printed name
`________—____—___—______—______._.———————-—-—
`
`Authorized Signature
`
`Date
`
`01/06/2012
`
`,
`
`This collection of information is required by 37 CFR 1.311. The information is req‘uired to obtain or retain a benefit by the public which is to file (and by die USPTO to process)
`an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. T is collection is estimated to take 12 minutes to complete, including gatheringnpreparing, and
`submitting the completed application form to the USPTO. Time will V33 de
`ndin upon the individual case. Any comments on the amount of time you require to com lete
`this form and/or su gestions for reducing this hurdcn, should be sent to
`e C icf In ormation Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce.
`.0.
`Box 1450. Alcxan ria. Virginia 223131450. DO NOT SEND FEES 0R COMPLETED FORMS TO THIS ADDRESS. SEND TO: Connoissioner for Patents, 1‘.O. Box 1450,
`Alexandria, Virginia 22313-1450.
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it diSplays a valid OMB control number.
`____—____________.___—__—_—-——————————-——
`
`PTOLeSS (Rev. 02/11) Approved for use through 08/31/2013.
`
`OMB 065141033
`
`US. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`Page 3 of 473
`
`Page 3 of 473
`
`

`

`
`
`Electronic Patent Application Fee Transmittal
`
`Filing Date:
`
`12-Mar-2008
`
`T'tle °f Invent'm“
`
`AUTOMOTIVE CONSTRUCTION ENGINE AND LIFTING COLUMN FOR A
`CONTRUCTION ENGINE
`
`
`
`
`
`First Named Inventor/Applicant Name: Peter Busley
`
`Filer:
`
`Lucian Wayne Beavers/Claire Ulanoff
`
`Filed as Large Entity
`
`US. National Stage under 35 USC 371 Filing Fees
`
`Description
`
`Fee Code
`
`Quantity
`
`Sub-Total in
`USD($)
`
`Basic Filing:
`
`Claims:
`
`
`Miscellaneous-Filing:
`
`Patent-Appeals—and-Interference:
`
`Post-Allowance-and-Post-lssuance:
`
`Utility Appl issue fee
`
`1501
`
`1740
`
`1740
`
`Publ. Fee— early,voluntary, or normal
`
`‘
`
`1504
`
`‘
`
`l
`
`‘
`
`300
`
`‘
`
`300
`
`Page 4 of 473
`
`Page 4 of 473
`
`

`

`
`
`
`
`Sub-Total in
`Description USD($) Quantity
`
`Total in USD ($)
`
`Extension-of—Time:
`
`Miscellaneous:
`
`Page 5 of 473
`
`Page 5 of 473
`
`

`

`Electronic Acknowledgement Receipt
`
`11772730
`
`Confirmation Number:
`
`
`
`
`T'tle °f Inventm":
`
`AUTOMOTIVE CONSTRUCTION ENGINE AND LIFTING COLUMN FOR A
`CONTRUCTION ENGINE
`
`
`
`First Named Inventor/Applicant Name:
`
`Peter Busley
`
`——
`
`Filer Authorized By:
`
`Attorney Docket Number:
`
`002287
`
`10:41 :53
`Time Stamp:
`
`
`
`
`Application Type: US. National Stage under 35 USC 371
`
`Payment information:
`
`Submitted with Payment
`PaymentType Deposit Account
`
`
`
`Payment was successfully received in RAM
`RAM confirmation Number
`
`Deposit Account
`
`Authorized User
`
`$2040
`
`230035
`
`
`
`Document
`Number
`
`Document Descri
`
`tion
`
`p
`
`FileSize(Bytes)/
`Message Digest
`
`Pages
`Multi
`Part /.zip (ifappl.)
`
`Page 6 of 473
`
`Page 6 of 473
`
`

`

`Issue Fee Payment (PTO—853)
`
`2459263.PDF
`
`163824
`
`780r4l131557d9f88§ $37h7fiaa7fi7fih46793
`8611
`
`Fee Worksheet (SB06)
`
`fee—infopdf
`
`b56d2dd0l44be67bLb89L9233bld04106.16
`23393
`
`Information:
`
`Total Files Size (in bytes)
`
`196017
`
`the application.
`
`New International Application Filed with the USPTO as a Receiving Office
`lfa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/R0/105) 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
`
`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 U.S.C. 111
`Ifa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)—(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date ofthe application.
`
`National Stage of an International Application under 35 U.S.C. 371
`lfa timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/D0/E0/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`Page 7 of 473
`
`Page 7 of 473
`
`

`

`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTNIENT OF CONEVIERCE
`United States Patent and Trademark Office
`Address: COIVINIISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371430
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`23456
`
`7590
`
`10/11/2011
`
`WADDEY & PATTERSON, PC.
`1600 DIVISION STREET, SUITE 500
`NASHVILLE, TN 37203
`
`EXAIVIINER
`
`SINGH, SIfNIL
`
`ART UNIT
`
`3672
`
`PAPER NUMBER
`
`DATE MAILED: 10/11/2011
`
`002287
`Peter Busley
`03/12/2008
`11/991 ,846
`TITLE OF INVENTION: AUTOMOTIVE CONSTRUCTION ENGINE AND LIFTING COLUMN FOR A CONTRUCTION ENGINE
`
`1881
`
`APPLN TYPE
`
`SMAI I ENTITY
`
`ISSIIE FEE DIIE
`
`PIIBI IC ATION FEE DIIE
`
`PREV. PAID ISSITE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`$ 1740
`
`$300
`
`$2040
`
`01/11/2012
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAIWINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION ON TIIE MERITS IS CLOSED. TIIIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGIITS.
`THIS APPLICATION IS SUBJECT TO WITHDRAVVAL FROlVI ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED.
`THIS
`STATUTORY PERIOD CANNOT BE EXTENDED.
`SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES
`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION.
`IF AN ISSUE FEE HAS
`PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORlVI
`WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`DUE.
`
`HOW TO REPLY TO THIS NOTICE:
`
`I. Review the SMALL ENTITY status shown above.
`
`If the SMALL ENTITY is shown as YES, verify your current
`SMALL ENTITY status:
`
`If the SMALL ENTITY is shown as NO:
`
`A. If the status is the same, pay the TOTAL FEE(S) DUE shown
`above.
`
`A. Pay TOTAL FEE(S) DUE shown above, or
`
`B. If the status above is to be removed, check box 5b on Part B -
`Fee(s) Transmittal and pay the PUBLICATION FEE (if required)
`and twice the amount of the ISSUE FEE shown above, or
`
`B. If applicant claimed SMALL ENTITY status before, or is now
`claiming SMALL ENTITY status, check box 5a on Part B - Fee(s)
`Transmittal and pay the PUBLICATION FEE (if required) and 1/2
`the ISSUE FEE shown above.
`
`II. PART B — FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). If you are charging the fcc(s) to your deposit account, section "4b"
`of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a
`request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing
`the paper as an equivalent of Part B.
`
`III. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
`Mail Stop ISSUE FEE unless advised to the contrary.
`
`IMPORTANT REMINDER: Utility patents issuing an applications filed on or after Dec. 12, 1980 may require payment of
`maintenance fees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`Page 1 of 3
`
`PTOL—85 (Rev. 02/11)
`
`Page 8 of 473
`
`Page 8 of 473
`
`

`

`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`P.0. Box 1450
`Alexandria, Virginia 22313-1450
`or m (571)-273-2885
`through 5 should be completed where
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1
`ap ropriate. A11 further correspondence including the Patent. advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`in icated unless corrected below or directed otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`CURRENT CORRESPONDENCEADDRESS (Note: Use Block lfor any change ofmidress}
`
`23456
`
`7590
`
`10/11/2011
`
`WADDEY & PATTERSON, 12C.
`
`1600 DIVISION STREET, SUITE 5 00
`NASHVILLE. TN 37203
`’
`
`Note: A certificate of mailin can onIy be used for domestic mailings of the
`Fee(s) Transmittal. This certi icate cannot be used for any other accompanying
`1
`papers. Each additional paper, such as an assignment or formal drawing, must
`ave its own certificate of mailing or transmission.
`
`Certificate of Mailing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the Lnited
`States Postal Service with sufficient postage for first class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`transmitted to the USPTO (571) 273—2885, on the date indicated below.
`(Depositor's name)
`(Signature)
`(Dam)
`
`
`
`002287
`Peter Busley
`03/ 12/2008
`11/991,846
`TITLE OF INVENTION: AUTOMOTIVE CONSTRUCTION ENGINE AND LIFTING COLUMN FOR A CONTRUCTION ENGINE
`
`1881
`
`APPLN. TYPE
`SMALL ENTITY
`ISSUE FEE DUE
`PUBLIC ATION FEE DUE
`PREV. PAID ISSITE FEE
`TOTAL FEE(_'S) DUE
`DATE DUE
`
`N 0
`$0
`nonprovisional
`$1740
`$300
`$2040
`01/11/2012
`
`SINGI‘I, SUNIL
`
`3672
`
`299-039600
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CF { 1.363).
`3 Change of correspondence address (or Change of Correspondence
`Address orm PTO/SB/ 122) attached.
`3 ”Fee Address" indication (or ”Fee Address" Indication form
`)TO/SB/47; Rev 0302 or more recent) attached. Use of a Customer
`Number is required.
`
`2. For printing on the patent front page. list
`(I) the names of up to 3 registered patent attorneys
`or agents OR, alternatively.
`(2) the name of a single firm (having as a member a
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. If no name is
`listed, no name will be printed.
`
`2
`1
`
`
`
`
`
`3. ASSIGNEE NAVIE AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`If an assignee is identified below, the document has been filed for
`)LEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`
`
`Please check the appropriate assignee category or categories (wiII not be printed on the patent) : D IndividuaI D Corporation or other private group entity D Government
`
`4a. The following fee(s) are submitted:
`3 Issue Fee
`3 Publication Fee (No small entity discount permitted)
`3 Advance Order — # of Copies
`
`
`
`4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
`3 A check is enclosed.
`3 Payment by credit card. Form PTO—2038 is attached.
`\
`:IThe Director is hereby authorized to charge the required fee(s), any deficiency, or credit any
`overpayment, to Depos1t Account Number
`(enclose an extra copy of this form).
`
`
`
`5. Change in Entity Status (from status indicated above)
`:l b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR 1.27(g)(2).
`3 a. Applicant cIaims SMALL ENTITY status. See 37 CFR 1.27.
`NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attorney or agent; or the assignec or other party in
`interest as shown by the records of the United States Patent and Trademark Office.
`
`Date
`
`Registration No.
`
`Authorized Signature
`
`Typed or printed name
`
`This collection of information is required by 37 CFR 1.311. The information is re uired to obtain or retain a benefit by the public which is to file (and by the USPTO to process)
`an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. T is collection is estimated to take 12 minutes to complete, including gathering, preparing, and
`submitting the completed application form to the USPTO. Time will vary de endin upon the individual case. Any comments on the amount of time you require to complete
`this form and/or su gestions for reducing this burden, should be sent to the C ief In ormation Officer, US. Patent and Trademark Office, US. Department of Commerce. 13.0.
`Box 1450, AIexan ria, Virginia 22313—1450. DO NOT SEND FEES OR COMPLETED FORVIS TO THIS ADDRESS. SEND TO: Commissioner for Patents, P.O. Box 1450,
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`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection ofinformation unless it displays a valid OMB control number.
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`PTOL-85 (Rev. 02/] 1) Approved for use through 08/31/2013.
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTNIENT OF CONEVIERCE
`United States Patent and Trademark Office
`Addicss: COIVINIISSION'ER FOR PATENTS
`P.O. Box 1450
`Alexandria Virginia 2231371430
`www.uspto.gov
`
`APPLICATION NO.
`FILENG DATE
`FIRST NAIVIED INVENTOR
`ATTORNEY DOCKET NO.
`CONFIRMATION NO.
`
`11/991. 846
`03/12/2008
`Peter Busley
`002287
`1881
`
`23456
`
`7590
`
`10/11/2011
`
`WADDEY & PATTERSON, EC.
`1600 DIVISION STREET, SUITE 500
`NASHVILLEmms
`
`SiNGH, SLNIL
`
`3672
`
`DATE MAILED: 10/11/2011
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment to date is 349 day(s). If the issue fee is paid on the date that is three months after the
`mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half
`months) after the mailing date of this notice, the Patent Term Adj ustment will be 349 day (s).
`
`If a Continued Prosecution Application (CPA) was filed in the above—identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information Retrieval
`(PAIR) WEB site (http://pair.uspto. gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of the Office of Patent Publication at 1-(888)-786-0101 or (571)-272-4200.
`
`PTOL—85 (Rev. 02/11)
`
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`

`
`
`Notice of Allowability
`
`Applicant(s)
`Application No.
`
`11/991,846
`BUSLEY ET AL.
`Examiner
`Art Unit
`
`
`
`SUNIL SINGH 3672
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address-
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If not included
`herewith (or previously mailed). a Notice of Allowance (PTOL—85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1.
`
`This communication is responsive to applicant’s response filed 8/26/11.
`
`2. [I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`requirement and election have been incorporated into this action.
`
`; the restriction
`
`3.
`
`4.
`
`The allowed claim(s) is/are 20-41.
`
`Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
`a)
`All
`b) [I Some*
`0) El None
`of the:
`1. El Certified copies of the priority documents have been received.
`2. El Certified copies of the priority documents have been received in Application No.
`3.
`Copies of the certified copies of the priority documents have been received in this national stage application from the
`
`International Bureau (PCT Rule 17.2(a)).
`* Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE” of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`5. [I A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER’S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`
`6. El CORRECTED DRAWINGS ( as “replacement sheets”) must be submitted.
`(a) El including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO-948) attached
`1) El hereto or 2) [I to Paper N0./Mai| Date _.
`(b) [I including changes required by the attached Examiner's Amendment / Comment or in the Office action of
`Paper No./Mai| Date _.
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`7. El DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner’s comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. I] Notice of References Cited (PTO-892)
`2. El Notice of Draftperson‘s Patent Drawing Review (PTO-948)
`
`5. I] Notice of Informal Patent Application
`6. El Interview Summary (PTO-413),
`Paper No./Mai| Date
`.
`7. El Examiner‘s Amendment/Comment
`
`8. El Examiner‘s Statement of Reasons for Allowance
`
`3. El Information Disclosure Statements (PTO/SB/OS),
`Paper No./Mail Date
`4. El Examiner‘s Comment Regarding Requirement for Deposit
`of Biological Material
`9. El Other .
`
`
`
`
`
`
`
`/Suni| Singh/
`Primary Examiner, Art Unit 3672
`
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 03-11)
`
`Part of Paper No./Mail Date 20110926
`
`Notice of Allowability
`
`Page 12 of 473
`
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`
`

`

`Issue Classification 11991846
`
`BUSLEY ET AL.
`
`Application/Control No.
`
`Applicant(s)/Patent Under Reexamination
`
`SUNIL SINGH
`
`3672
`
`ORIGINAL
`
`INTERNATIONAL CLASSIFICATION
`
`SUBCLASS
`
`39.6
`
`r-E g rn U
`23/ 12 (2006.01.01)
`9/00 (2006.01.01)
`
`NON-CLAIMED
`
`cnoss REFERENCE(S)
`SUBCLASS (ONE SUBCLASS PER BLOCK)
`
`
`
`
`
`El
`
`Claims renumbered in the same order as presented by applicant
`
`El
`
`CPA
`
`I]
`
`T.D.
`
`El
`
`R.1.47
`
`
`
`
`
`
`
`
`
`
`
`
`
`Original
`Final
`Original
`Final
`Orlglnal
`FInaI
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`
`
`
`
`
`
`
` LOOONOW<>WN
`omxlmUI-bwm—A
`
` O L
`
`m
`
`w o
`4;
`
`01 N
`m
`b)
`
`(Assistant Examiner)
`/SUN|L SINGH/
`Primary Examiner.Art Unit 3672
`
`Total Claims Allowed:
`
`22
`
`9/23/11
`
`06. Print Claim(s)
`
`0.6. Print Figure
`
`(Primary Examiner)
`US. Patent and Trademark Office
`
`(Date)
`
`1
`
`1.3
`Part of Paper No. 20110926
`
`Page 13 of 473
`
`Page 13 of 473
`
`

`

`' UNITED STATES PATENT AND TRADEMARK OTETCE
`
`
`
`BIB DATA SHEET
`
`Page 1 of1
`
`LNITED STATES DEPARTMENT OF COAIMEKCE
`United States Patent and Trademark Office
`{de1655: COMMISSIONER FOR PATENTS
`P.O. BOA 1450
`AICAHJldIIEL Vilginia. 22313-1450
`www uspro gov
`
`CONFIRMATION NO. 1881
`
`SERIAL NUMBER
`11/991,846
`
`FILINSIAQFI‘E 371 (C)
`03/12/2008
`
`GROUP ART UNIT ATTORNI‘TCY) DOCKET
`002287
`
`RULE
`
`APPLICANTS
`
`Peter Busley, Linz/Rhein, GERMANY;
`Génter Tewes, UnkeI/Rhein, GERMANY;
`** CONTINUING DATA **~k*~k*~k*~k~k***********~k*~k*
`
`This application IS a 371 Of PCT/EP2006/066305 09/12/2006
`** FOREIGN APPLICATIONS *‘k‘k‘k‘k‘k‘k‘k’k‘k’k‘k‘kiflk****‘k***‘k*
`GERMANY 10 2005 043 531.9 09/12/2005
`GERMANY 10 2005 044 211.0 09/15/2005
`
`** IF REQUIRED, FOREIGN FILING LICENSE GRANTED **
`12/23/2009
`
`
`
`Bra-s Cl No
`Foreign Prioriiy maimed
`35 USC119(a*d)COI’leIIOnS met BYes D NO
`Verified and
`/SUN|L SINGH/
`Acknowledged
`Examiner's Signature
`
`ADDRESS
`
`Allowance
`D Met after
`
`STATE OR
`COUNTRY
`
`SHEETS
`DRAWINGS
`
`TOTAL
`CLAIMS
`
`INDEPENDENT
`CLAIMS
`
`Initials
`
`G E RIVIANY
`
`3
`
`1 9
`
`1
`
`WADDEY & PATTERSON, P.C.
`1600 DIVISION STREET, SUITE 500
`NASHVILLE, TN 37203
`UNITED STATES
`
`TITLE
`
`
`Automotive Construction Engine and Lifting Column for a Contruction Engine
`
`II All Fees
`
`FEES: Authority has been given in Paper
`FILING FEE
`RECEIVED No.
`to charge/credit DEPOSIT ACCOUNT
`for following:
`
`31.16 Fees (Filing)
`
`-
`-
`3 1-1 7 Fees (Process'ng EXt- 0“ I'm)
`:I 1.18 Fees (Issue)
`
`II Other
`
`II Credit
`
`I
`
`BIB (Rev. 05/07).
`
`Page 14 of 473
`
`Page 14 of 473
`
`

`

`
`
`Application/Control No.
`
`Applicant(s)/Patent Under
`Reexamination
`
`Search ”0193
`
`11991846
`
`BUSLEY ET AL.
`
`
`
`
`
`
`Examiner
`
`Shane Bomar
`
`Art Unit
`
`3676
`
`SEARCHED
`
`Subclass
`
`Examiner
`
`
`33
`483,809—81 1, 1LE,