Case 1:17-cv-00070-DPM Document 1 Filed 08/29/17 Page 1 of 21
`Fi LED
`
`U.S. DISTRICT COURT
`!:ASTERN DJSTRICT ARKANSAS
`
`IN THE UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF ARKANSAS
`BATESVILLE DIVISION
`
`BAD BOY, INC.
`
`v.
`
`NO. CV-
`
`///1a: II ~t/-&5_/T/
`
`INTIMIDATOR, INC. AND
`RF PRODUCTS, INC.
`
`JAME
`> ';«{/ ~qCLERK
`By:
`
`COMPLAINT
`
`This case assigned to District Ju
`and to Magistrate Judge
`
`IP'° !'~>'
`
`Comes now the Plaintiff, Bad Boy, Inc., by and through its undersigned attorneys, and for its
`
`complaint against the Defendants, Intimidator, Inc. ("Intimidator") and RF Products, Inc. ("RF
`
`Products"), alleges and states the following:
`
`1.
`
`Plaintiff is a corporation organized and existing under the laws of the State of
`
`Arkansas, with its principal place of business located in Batesville, Arkansas. Plaintiff engages in the
`
`manufacture and sale of residential and commercial grade zero tum mowers under the trademark
`
`BAD BOY. Plaintiff does substantial business in the State of Arkansas, including the Eastern District
`
`of Arkansas, Batesville Division.
`
`2.
`
`Defendant Intimidator is a corporation organized and existing under the laws of the
`
`State of Arkansas, with its principal place of business located in Batesville, Arkansas. Intimidator
`
`manufactures residential and commercial grade zero tum mowers under the trademark SP ART AN.
`
`Intimidator does substantial business in the State of Arkansas, including the Eastern District of
`
`Arkansas, Batesville Division.
`
`3.
`
`Defendant RF Products is a corporation organized and existing under the laws of the
`
`State of Arkansas, with its principal place of business located in Batesville, Arkansas. RF Products
`
`sells and markets residential and commercial grade zero tum mowers under the trademark
`
`SP ART AN. RF Products does substantial business in the State of Arkansas, including the Eastern
`
`000001
`
`Intimidator, Inc., et al. Exhibit 1012
`IPR of U.S. Pat. No. 9,730,386
`
`

`

`Case 1:17-cv-00070-DPM Document 1 Filed 08/29/17 Page 2 of 21
`
`District of Arkansas, Batesville Division.
`
`4.
`
`Intimidator and RF Products (collectively "Defendants") have common ownership,
`
`specifically Robert Foster.
`
`5.
`
`Defendants have made and/or sold SPARTAN mowers, including the infringing
`
`mowers that are the subject of this lawsuit, in the State of Arkansas, including the Eastern District of
`
`Arkansas, Batesville Division.
`
`6.
`
`This is an action for patent infringement arising under the Patent Laws of the United
`
`States, Title 35 of the United States Code. This Court has jurisdiction over this matter pursuant to 28
`
`U.S.C. §1338. More specifically, the Court has subject matter jurisdiction pursuant to 28 U.S.C.
`
`§§ 1331 and 1338(a) because the claims in this case arise under the Patent Act, 35 U.S.C. § 271, et
`
`seq.
`
`7.
`
`This Court has personal jurisdiction over Defendants and venue is proper in the
`
`Eastern District of Arkansas, Batesville Division, pursuant to 28 U.S.C. §1391(b) and (c) and 28
`
`U.S.C. §1400 in that Defendants reside in the Eastern District of Arkansas, Batesville Division,.
`
`regularly transact business in the Eastern District of Arkansas, Batesville Division, and have
`
`committed the acts complained of herein within the Eastern District of Arkansas, Batesville
`
`Division, and elsewhere, which acts have caused injury to Plaintiff both within the Eastern District of
`
`Arkansas, Batesville Division, and elsewhere.
`
`8.
`
`Plaintiff has manufactured and sold residential and commercial grade zero tum
`
`mowers for many years.
`
`9.
`
`Prior to November of 2013, Robert Foster, a principal of Defendants, was a
`
`shareholder of Plaintiff. In November of 2013, Robert Foster sold all of his shares in Plaintiff.
`
`2
`
`000002
`
`Intimidator, Inc., et al. Exhibit 1012
`IPR of U.S. Pat. No. 9,730,386
`
`

`

`Case 1:17-cv-00070-DPM Document 1 Filed 08/29/17 Page 3 of 21
`
`10.
`
`On August 15, 2017, after a full and fair examination, the United States Patent and
`
`Trademark office duly and legally issued US Patent No. 9,730,386, entitled "Suspension System for
`
`Lawnmowers" ("'386 Patent"). A true and correct copy of the '386 Patent is attached hereto and
`
`incorporated herein as Exhibit "A". By means of an assignment recorded at the United States Patent
`
`and Trademark Office on January 6, 2017, the Inventors, Charles Bradley Covington and Warren
`
`Long, assigned all rights, title, and interest in the patent application granted as the '386 Patent to
`
`Plaintiff. A true and correct copy of the assignment is attached hereto and incorporated herein as
`
`Exhibit "B". The '386 Patent was issued to the Plaintiff as the assignee.
`
`11.
`
`Since its issuance, Plaintiffs '386 Patent has been in full force and effect. Plaintiff
`
`owns all right, title and interest in the '386 Patent, including the right to sue for past, present and
`
`future infringements.
`
`12.
`
`Defendants are making, using, selling, and/or offering for sale mowers that infringe
`
`on one or more claims of the '386 Patent. The infringing mowers are marketed by Defendants under
`
`the name "SPARTAN SRT" and possibly other names as well.
`
`13.
`
`Defendants have sold their infringing mowers to retail stores within the State of
`
`Arkansas and advertise their infringing mowers via internet websites including one they maintain
`
`(i.e. www.spartanmowers.com) that is accessible from the Eastern District of Arkansas, Batesville
`
`Division. Upon information and belief, Defendants also own and operate interactive websites,
`
`including www.spartanmowers.com, that market the infringing mowers. Furthermore, Defendants'
`
`infringing mowers may be obtained by consumers at retail establishments within the Eastern District
`
`of Arkansas, Batesville Division.
`
`14.
`
`The infringing mowers utilize a suspension system that infringes the '386 Patent.
`
`3
`
`000003
`
`Intimidator, Inc., et al. Exhibit 1012
`IPR of U.S. Pat. No. 9,730,386
`
`

`

`Case 1:17-cv-00070-DPM Document 1 Filed 08/29/17 Page 4 of 21
`
`15.
`
`Defendants continue to willfully infringe on Plaintiffs '386 Patent.
`
`16.
`
`Defendants will continue to infringe on Plaintiffs '386 Patent unless enjoined and
`
`restrained by the Court. As a direct and proximate result of Defendants' patent infringement, Plaintiff
`
`has suffered and will continue to suffer irreparable harm. In addition, Plaintiff has been, and will
`
`continue to be, harmed and injured in its business and property and has sustained, and will continue
`
`to sustain, damages to its business, property and profits.
`
`COUNT 1 (PATENT INFRINGEMENT)
`
`17.
`
`Plaintiff restates and incorporates the allegations contained in paragraphs 1-16 herein.
`
`18.
`
`The above-referenced patent, United States Patent Number 9,730,386 (the '386
`
`Patent), is valid, was duly and legally issued by the United States Patent and Trademark Office, and
`
`is owned exclusively by Plaintiff.
`
`19.
`
`Defendants are making, using, selling, and/or offering for sale mowers, which
`
`infringe on one or more claims of United States Patent Number 9,730,386 in contravention of 35
`
`U.S.C §271.
`
`20.
`
`Defendants' activities with respect to Plaintiff's patent have been without the express
`
`or implied license of Plaintiff.
`
`21.
`
`Defendants have directly infringed, both literally and/or under the doctrine of
`
`equivalents, the '386 Patent, and continues to directly infringe the '386 Patent.
`
`22.
`
`Defendants' infringement of the '386 Patent is willful.
`
`23.
`
`Defendants' infringing actions have caused, and will continue to cause if not
`
`enjoined, irreparable harm to Plaintiff.
`
`24.
`
`Plaintiff is entitled to a permanent injunction prohibiting Defendants from infringing
`
`4
`
`000004
`
`Intimidator, Inc., et al. Exhibit 1012
`IPR of U.S. Pat. No. 9,730,386
`
`

`

`Case 1:17-cv-00070-DPM Document 1 Filed 08/29/17 Page 5 of 21
`
`upon the '386 Patent.
`
`25.
`
`Plaintiff has been, and will continue to be, harmed and injured in its business and
`
`property and has sustained, and will continue to sustain, damages to its business, property and
`
`profits, for which it is entitled to judgment.
`
`26.
`
`Defendants' past and continuing infringement of the '386 Patent has been deliberate
`
`and willful.
`
`27.
`
`Defendants' conduct warrants an award of treble damages pursuant to 35 U.S.C.
`
`§284.
`
`28.
`
`Defendants' conduct warrants a finding of an exceptional case and an award of
`
`attorneys' fees to Plaintiff pursuant to 35 U.S.C. §285.
`
`29.
`
`Plaintiff is entitled to actual and enhanced damages for Defendants' willful
`
`infringement acts as determined at the trial of this matter, and to reasonable attorney's fees, costs and
`
`interest.
`
`WHEREFORE, the Plaintiff, Bad Boy, Inc., prays that it be granted judgment against the
`
`Defendants, Intimidator, Inc. and RF Products, Inc., jointly and severally, and that it be awarded the
`
`following relief:
`
`A.
`
`A judgment that Plaintiffs '386 Patent is valid and enforceable and that Defendants
`
`have willfully infringed and actively induced others to infringe the '386 Patent.
`
`B.
`
`A permanent injunction prohibiting Defendants from infringing upon the above
`
`referenced patent, as provided in 35 U.S.C. §283.
`
`C.
`
`An award of monetary damages adequate to compensate Plaintiff for Defendants'
`
`infringement, but in no event less than a reasonable royalty as provided under 35 U.S.C. §284.
`
`5
`
`·-
`
`000005
`
`Intimidator, Inc., et al. Exhibit 1012
`IPR of U.S. Pat. No. 9,730,386
`
`

`

`Case 1:17-cv-00070-DPM Document 1 Filed 08/29/17 Page 6 of 21
`
`D.
`
`An award of treble damages under 35 U.S.C. §284 as a result of Defendants' willful
`
`infringement of the '386 Patent.
`
`E.
`
`F.
`
`An award of costs and interest.
`
`A judgment that this case is exceptional and that Defendants be ordered to pay
`
`Plaintiff reasonable attorneys' fees as provided by 35 U.S.C. §285.
`
`G.
`
`An award of such further and additional relief as this Court may deem just and
`
`equitable.
`
`DEMAND FOR JURY TRIAL
`
`Plaintiffs demand a trial by jury of all issues so triable.
`
`Respectfully submitted,
`
`Trent C. Keisling, #93226
`KEISLING & PIEPER, PLC
`501 W. Cassatt
`P.O. Box 10379
`Fayetteville, AR 72703
`( 4 79) 251-0800 - Telephone
`(479) 251-0801 - Facsimile
`
`FUQUA CAMPBELL, P.A.
`Riviera Tower
`3700 Cantrell Road, Suite 205
`Little Rock, Arkansas 72202
`(501) 374-0200-Telephone
`(~) 975-7~ - Facsimile
`
`By:
`
`Phil Calfipbell, Ark. Bar No. 81028
`Blake Hendrix, Ark Bar No. 86066
`Eric Gribble, Ark. Bar No. 2002192
`Haley Burks, Ark. Bar No. 2011286
`
`ATTORNEYS FOR PLAINTIFF BAD BOY, INC.
`
`6
`
`000006
`
`Intimidator, Inc., et al. Exhibit 1012
`IPR of U.S. Pat. No. 9,730,386
`
`

`

`Case 1:17-cv-00070-DPM Document 1 Filed 08/29/17 Page 7 of 21
`
`I lllll llllllll Ill lllll lllll lllll lllll lllll lllll lllll lllll llllll llll llll llll
`
`US009730386Bl
`
`c12) United States Patent
`Covington et al.
`
`(IO) Patent No.:
`(45) Date of Patent:
`
`US 9,730,386 Bl
`Aug. 15, 2017
`
`(54) SUSPENSION SYSTEM FOR LAWNMOWER
`
`(71) Applicants:Charles Bradley Covington, Batesville,
`AR (US); Warren Long, Batesville, AR
`(US)
`
`(72)
`
`Inventors: Charles Bradley Covington, Batesville,
`AR (US); Warren Long, Batesville, AR
`(US)
`
`( *) Notice:
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 0 days.
`
`(21) Appl. No.: 14n35,640
`
`(22) Filed:
`
`Jun. 10, 2015
`
`Related U.S. Application Data
`
`(60) Provisional application No. 62/010,634, filed on Jun.
`11, 2014.
`
`(51) Int. CI.
`AOJD 34182
`AOJD 34164
`B62D 11/06
`B60G 3100
`(52) U.S. Cl.
`CPC ............. AOID 34182 (2013.01); AOID 34164
`(2013.01); B60G 3100 (2013.01); B62D 11/06
`(2013.01)
`
`(2006.01)
`(2006.01)
`(2006.01)
`(2006.01)
`
`(58) Field of Classification Search
`CPC .... B60K 7/0015; B60K 17/105; B60K 17/10;
`AOlD 34/63; AOlD 34/64
`See application file for complete search history.
`
`(56)
`
`References Cited
`
`U.S. PATENT DOCUMENTS
`
`1211959 Hanson et al .................... 16/44
`2,915,776 A
`6/ 1972 Dunlap et al. . ............... 280/ 124
`3,669,467 A
`6/1973 Hickman ...................... 280/124
`3,737,174 A
`111982 Eastman et al. .... .. ... ..... 585/661
`4,310,717 A
`1211984 Welsch et al ..................... 16/44
`4,485,521 A
`1211985 Bonzer et al. ........ ............ 16/44
`4,559,669 A
`3/1995 Simonsen ......................... 16/44
`5,400,469 A
`5,542,494 A * 8/1996 Louis ..................... B60K 17/10
`1801305
`511999 Heitzmann .............. 280/86.751
`5,899,470 A
`1111999 Krakowiak et al .... 280/124.175
`5,979,920 A
`1/2001 Gordon .......................... 56/15.8
`6,170,242 Bl
`10/2002 Ferris et al. . .................. 56/15.8
`6,460,318 Bl
`6,644,425 Bl* 1112003 Hauser ................. B60K 17/105
`180/6.48
`512004 Abend ................... AOlD 34/63
`6,732,828 Bl •
`180/242
`6,845,837 B2 * 1/2005 Ohashi ................. B60K 7/0015
`180/235
`6,848,937 Bl* 212005 Hsiao .... ................. H02G 11/02
`439/501
`2/2005 Melone et al. . ............... 56/15.8
`(Continued)
`
`6,857,254 B2
`
`Primary Examiner - Hau Phan
`(74) Attorney, Agent, or Firm - Keisling & Pieper PLC;
`Trent C. Keisling
`
`(57)
`
`ABSTRACT
`
`ln a riding mower having a frame, a mower deck supported
`beneath the frame, a chair on said frame and a source of
`motive power also supported on said frame and including
`two hydraulic transaxles depending beneath the frame to
`each selectively rotate a drive wheel. The frame is supported
`on forward and rear wheel assemblies with a supporting
`wheel. The transaxles are supported beneath the frame and
`pivotally secured thereto by a flange captivating vibration
`pillows and proximate the driven wheel and an inner pivot
`rod secured to the frame by apertures in downwardly
`depending tabs.
`
`2,442,831 A
`2,689,136 A
`
`6/1948 Suttles .............................. 16/44
`9/1954 Hendrickson .............. 280/104.5
`
`9 Claims, 5 Drawing Sheets
`
`I"
`I
`3-..
`' i
`I .
`I
`I~/
`~)<:
`...__(/l_
`65
`
`EXHIBIT
`
`A
`
`I
`
`000007
`
`Intimidator, Inc., et al. Exhibit 1012
`IPR of U.S. Pat. No. 9,730,386
`
`

`

`Case 1:17-cv-00070-DPM Document 1 Filed 08/29/17 Page 8 of 21
`
`US 9,730,386 Bl
`Page 2
`
`(56)
`
`References Cited
`
`U.S. PATENT DOCUMENTS
`
`7,127,889 Bl+ 10/2006 Bennett ................ B60K 17/105
`60/464
`7,363,759 B2,. 412008 Ohashi ................. B60K 7/0015
`180/242
`7,455,114 B2 * 11/2008 MacDougall ....... E21B 33/1294
`166/243
`7,588,104 B2 * 9/2009 Ohashi ................. B60K 7/0015
`180/235
`5/2010 Foster .................... 280/124.117
`7 ,708,292 B2
`5/2014 Chapman ............. G03B 17/561
`8, 733,478 B2 ,.
`180/24.07
`2007 /0029118 Al * 2/2007 Acharya .............. B60K 7/0015
`180/53.4
`
`* cited by examiner
`
`000008
`
`Intimidator, Inc., et al. Exhibit 1012
`IPR of U.S. Pat. No. 9,730,386
`
`

`

`Case 1:17-cv-00070-DPM Document 1 Filed 08/29/17 Page 9 of 21
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`Intimidator, Inc., et al. Exhibit 1012
`IPR of U.S. Pat. No. 9,730,386
`
`

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`Case 1:17-cv-00070-DPM Document 1 Filed 08/29/17 Page 10 of 21
`
`000010
`
`Intimidator, Inc., et al. Exhibit 1012
`IPR of U.S. Pat. No. 9,730,386
`
`

`

`Case 1:17-cv-00070-DPM Document 1 Filed 08/29/17 Page 11 of 21
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`--- ---
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`000011
`
`Intimidator, Inc., et al. Exhibit 1012
`IPR of U.S. Pat. No. 9,730,386
`
`

`

`Case 1:17-cv-00070-DPM Document 1 Filed 08/29/17 Page 12 of 21
`
`U.S. Patent
`
`Aug. 15, 2017
`
`Sheet 4 of 5
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`US 9,730,386 Bl
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`Intimidator, Inc., et al. Exhibit 1012
`IPR of U.S. Pat. No. 9,730,386
`
`

`

`Case 1:17-cv-00070-DPM Document 1 Filed 08/29/17 Page 13 of 21
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`Intimidator, Inc., et al. Exhibit 1012
`IPR of U.S. Pat. No. 9,730,386
`
`

`

`Case 1:17-cv-00070-DPM Document 1 Filed 08/29/17 Page 14 of 21
`
`US 9,730,386 Bl
`
`1
`SUSPENSION SYSTEM FOR LAWNMOWER
`
`CROSS-REFERENCE TO RELATED
`APPLICATIONS
`
`1bis application claims priority to and is a continuation of
`U.S. application Ser. No. 62/010,634 filed on Jun. 11, 2014
`entitled SUSPENSION SYSTEM FOR LAWNMOWER.
`Each of these applications is hereby expressly incorporated
`by reference in their entirety.
`
`STATEMENT REGARDING FEDERALLY
`SPONSORED RESEARCH OR DEVELOPMENT
`
`Not Applicable.
`
`REFERENCE TO A MICROFICHE APPENDIX
`
`Not Applicable.
`
`RESERVATION OF RIGHTS
`
`A portion of the disclosure of this patent document
`contains material which is subject to intellectual property
`rights such as but not limited to copyright, trademark, and/or
`trade dress protection. The owner has no objection to the
`facsimile reproduction by anyone of the patent document or
`the patent disclosure as it appears in the Patent and Trade(cid:173)
`mark Office patent files or records but otherwise reserves all
`rights whatsoever.
`
`BACKGROUND OF THE INVENTION
`
`1 o
`
`2
`was divided and one of those continuations-in-part issued as
`Ferris et al. U.S. Pat No. 6,460,318. The patent features a
`four bar mechanism relatively co=on in automotive sus(cid:173)
`pensions.
`Known art which may be relevant to the present invention
`includes the following patents with their abstracts, the
`teachings of which are incorporated by reference.
`Gordon U.S. Pat. No. 6,170,242 is yet another patent
`assigned to Ferris Industries and claims priority under a
`1997 provisional, which is also claimed under the earlier
`mentioned Ferris et al. patent. Gordon, like Ferris et al.,
`features a four bar mechanism.
`A very early patent featuring a rubber bumper between
`two elements in an automotive structure is found in Hick-
`15 man U.S. Pat. No. 3,737,174.
`Several other patents offer variations on the same theme.
`See, for example, Dunlap et al. U.S. Pat. No. 3,669,467,
`which has additional buffering devices, such as springs, leaf
`or coil, and shock absorbing devices. Dunlap has a pair of
`20 cushions, but also uses a pair of rods 32 and 34, which attach
`directly to the frame rail.
`Krakowiak et al. U.S. Pat. No. 5,979,920, uses the simple
`bumper between the frame rail and a leaf spring. This is a
`device which is co=on on many of the earlier motor
`25 vehicles.
`Merkle U.S. Pat. No. 4,310,717, uses what he refers to as
`an elastomeric spring, again, between the fr.une rail and
`what he refers to as a web section which holds the axle upon
`which the wheel is connected. It appears in the drawing that
`30 there may be a shock absorber in the middle of this assem(cid:173)
`bly.
`Bonzer et al. U.S. Pat. No. 4,559,669, employs a resilient
`buffer 19 for a caster assembly. Heitzman U.S. Pat. No.
`5,899,470 uses a couple of resilient buffers as part of a
`35 system for adjusting camber and caster. It is evident from
`these patents that using an elastomeric as a spring or shock
`absorber is not new in the art. All of these references seek,
`to a greater or lesser extent, some modulation of the ampli(cid:173)
`tude and frequency of shock transmitted through a wheel of
`40 a vehicle, but are unsuited for a riding mower.
`Also, commercially available equipment and components
`may be relevant, including hollow metal frames, shoe
`brushes and the like. Such equipment may be used in
`implementing an exemplary embodiment in accordance with
`45 the present invention.
`None of these references, either singly or in combination,
`disclose or suggest the present invention. It is desirable to
`have a improved lawnmower to address the perceived short(cid:173)
`comings of the known art.
`While it is evident from past attempts that suspension
`systems for lawnmowers are desirable, the known art is
`limited in its teaching and utilization, and an improved
`system is needed to overcome these limitations. An
`improved suspension system should provide a simple and
`55 efficient system for meeting the various needs of the users
`and the like.
`
`1. Field of the Invention
`The present invention relates generally to riding mowers
`and, more particularly, to an improved suspension system
`for motive systems on such mowers or the like. Known art
`can be found in U.S. Class 280, subclass 124 and in other
`classes and subclasses.
`2. Description of the Known Art
`Those skilled in the art will appreciate that riding mowers
`have been a staple for maintaining residential yards, com(cid:173)
`mercial lawns, golf courses and highway rights of way for
`many years. They are seen moving along grass in many
`settings including grassy center dividers and along the sides
`of roads in rough, sometimes rocky terrain, and in all sorts
`of attitudes from flat and level to severe side hills.
`In many instances, an operator may be in the seat for
`hours, and even with a kidney belt, will suffer considerable
`discomfort and, in some cases, injury. Indeed, it is not 50
`inconceivable that the constant bouncing and jarring could
`cause an operator to lose control, resulting in damage to the
`operator and others.
`The underlying purpose and function of the present inven(cid:173)
`tion is to provide an element of relief to an operator and
`increased vehicle control. The invention disclosed in U.S.
`Pat. No. 7,708,292 issued to Foster deals with these issues.
`While this invention works well for its intended purpose, an
`improved system that places a hydrostatic axle proximate a
`drive wheel improves vehicle stability while also promoting 60
`operator comfort.
`Most of the other known riding mowers in use today have
`their wheels affixed directly to the frame of the mower. In the
`late '90s the self proclaimed leader in the field, David Ferris,
`and others filed an application for a suspension system for 65
`riding mowers. The application claims priority based on
`provisionals, at least one of which dates back to 1996, and
`
`SUMMARY OF THE INVENTION
`
`The present invention addresses the perceived needs in
`the known art discussed above. In this regard, the present
`invention substantially fulfills this need. The suspension
`system for lawnmower may be advantageously used with
`zero-tum lawnmowers or others using transaxles combined
`with hydraulic pumps for motive power and the like. The
`transaxles are dampened by at least one pillow interposed
`between the frame the wheel with each pillow being of a
`
`000014
`
`Intimidator, Inc., et al. Exhibit 1012
`IPR of U.S. Pat. No. 9,730,386
`
`

`

`Case 1:17-cv-00070-DPM Document 1 Filed 08/29/17 Page 15 of 21
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`US 9,730,386 Bl
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`3
`resilient material for absorbing shock and vibration resulting
`from a wheel contacting irregularities in the terrain traversed
`thereby.
`In one exemplary embodiment in accordance with the
`present invention an improved suspension system may be 5
`used with the rear axles to provide a motive source proxi(cid:173)
`mate the driven rear wheels and substantially isolated from
`the frame of the lawnmower to thereby dampen vibrations
`transmitted to the operator as the vehicle traverses the
`ground.
`The apparatus of the invention is capable of receiving
`additional, optional features which are not a part of the
`present invention. For example, a purchaser or user may
`specify an optional mulcher or bagger or the like for a
`lawnmower. Other optional features, some of which may be 15
`illustrated herein, may or may not be included with appa(cid:173)
`ratus incorporating the basic aspects of present invention.
`In addition to providing the features and advantages
`referred to above, it is an object of the present invention to
`provide an improved suspension system for lawnmower.
`Another object of the present invention is to provide an
`lawnmower with a lowered center of gravity.
`A basic object of the present invention is to provide a
`more stable lawnmower.
`Yet another object of the present invention is to enhance 25
`user comfort.
`A related object of the present invention is to provide a
`safer lawnmower.
`These and other objects and advantages of the present
`invention, along with features of novelty appurtenant 30
`thereto, will appear or become apparent by reviewing the
`following detailed description of the invention in conjunc(cid:173)
`tion with the appended drawings.
`
`BRIEF DESCRIPTION OF THE SEVERAL
`VIEWS OF THE DRAWINGS
`
`In the following drawings, which form a part of the
`specification and which are to be construed in conjunction
`therewith, and in which like reference numerals have been
`employed throughout wherever possible to indicate like
`parts in the various views:
`FIG. 1 is a perspective view of a riding mower in
`accordance with an embodiment of the present invention;
`FIG. 2 is a perspective view of the frame of the mower
`with the rear axle assembly shown;
`FIG. 3 is an enlarged perspective view of the encircled
`portion of FIG. 2;
`FIG. 4 is a top plan view of the frame;
`FIG.Sis a bottom plan view thereof;
`FIG. 6 is an elevational view taken from the side with the
`opposite side being a mirror image thereof;
`FIG. 7 is an elevational view taken generally from the rear
`thereof;
`FIG. 8 is an enlarged elevational view taken generally
`from the rear thereof and similar to FIG. 7 but showing
`movement; and,
`FIG. 9 is an enlarged bottom plan view and similar to FIG.
`5 but showing movement and axes of rotation.
`
`4
`ing system with transaxles that are attached to the rear axle
`assemblies that also provide motive power thereto.
`In one exemplary embodiment in accordance with the
`present invention and shown in FIGS. 1-9, an improved
`riding mower 11 is illustrated. The mower 11 has a frame 16
`supported by a pair of forward wheel assemblies 18 and rear
`wheel assemblies 72.
`The frame 16 supports a mower deck 25, and a chair 27
`is provided for a driver, with a pair of steering arms 29
`10 within easy reach. A motor compartment 32 rides on the
`frame and provides motive power to the mower through
`right and left integrated hydrostatic transaxles 65 that drive
`right and left rear wheels 72 in response to operator manipu(cid:173)
`lation of control handles 29.
`One important feature of the present invention is the
`provision of the mower 11 which has enhanced comfort and
`less fatigue for the driver, all of which increases the ability
`of the driver to control the mower, even in unusual attitudes
`resulting from irregularities in the terrain, and over extended
`20 periods of operation, and particularly where terrain changes
`are abrupt. In accomplishing its objectives, both forward and
`rear systems of vibration control are interposed between
`each of the supporting wheel assemblies and the frame of the
`mower.
`It is a feature of the present invention that a rear suspen(cid:173)
`sion system is provided with vibration damping capability.
`Referring to FIGS. 2-10, the rear segment 62 of the frame 16
`supports two spaced apart rear axle transaxles 65, which are
`mounted transverse to the longitudinal axis of the mower 11.
`The frame supports downward flanges 66 that captivate a
`portion of each transaxle 65 on the sides of the mower 11.
`Each of the transaxles 65 supports an outer driven wheel
`assembly 72 through an axle 73 and, in keeping with the
`objectives of the invention, are articulated about a pivot pin
`35 74 (which may be a bolt and nut or other similar device) in
`a plane transverse to the plane of the transaxle housing. The
`pivot pin 74 is secured in apertures 76 in tabs 78 depending
`from the frame 62. Companion apertures 78 align with the
`apertures 76 to receive the pivot pins 74 which then permit
`40 pivotal movement thereabout.
`Movement of the wheel assemblies 72 is limited and
`vibration is dampened by the provision of damping pillows
`81 which are secured between the downwardly depending
`frame flanges 60 on the forward and rear sides of the
`45 transaxles 65. The pivotal movement of each transaxle 65 is
`shown by arrow 68 with the axes of rotation indicated by
`lines 70, which corresponds to an accompanying compres(cid:173)
`sion or extension of the affected pillows 81 (FIGS. 8 and 9).
`Each pillow 81 is resilient and may be of any one of
`50 several durometers of rubber hardness, or may be of other
`suitable elastomeric materials, including elastic shells with
`a liquid or other compressible material there within, appro(cid:173)
`priate to the weight of the mower and the terrain to be
`traversed. The pillows define a cushion between the wheel
`55 and the frame of the mower, thereby absorbing shock created
`by the wheel moving over the uneven terrain. Further, each
`wheel functions independently, i.e., independent of the
`frame, in order that it may respond independently to varia(cid:173)
`tions in the terrain met by each individual wheel, which may
`60 be several feet removed from its companion wheel.
`The pillows 81 are positioned between such flanges and a
`bolt 85 passes through the longitudinal axis of each pillow
`and is secured in apertures in the aligned flanges to thereby
`hold the pillow between them. The pillow is sized to abut the
`65 flanges above and beneath each, where it is held in place by
`bolts, and the pillow is compressed by the rapid upward
`movement of a wheel assembly, thereby dampening that
`
`DETAILED DESCRIPTION OF THE
`INVENTION
`
`The present invention addresses the perceived needs in
`the known art discussed above. In this regard, the present
`invention substantially fulfills this need. The improved sus(cid:173)
`pension system for lawnmower includes a vibration damp-
`
`000015
`
`Intimidator, Inc., et al. Exhibit 1012
`IPR of U.S. Pat. No. 9,730,386
`
`

`

`Case 1:17-cv-00070-DPM Document 1 Filed 08/29/17 Page 16 of 21
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`US 9,730,386 Bl
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`15
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`5
`movement and inhibiting, or at least modulating, transmis(cid:173)
`sion of that movement to the frame of the mower. The rapid
`movement resulting from the traversing of rocks and other
`debris is particularly well dampened. Moreover, ifthe wheel
`were to move downwardly, in a pot hole for example, it is s
`inhibited from moving too rapidly or too far from its
`unstressed position.
`The apparatus of the invention is capable of receiving
`additional, optional features which are not a part of the
`present invention. For example, a purchaser or user may IO
`specify an optional railing or grab bars may be included to
`facilitate handling of the device during deployment. Other
`optional features, some of which may be illustrated herein,
`may or may not be included with apparatus incorporating the
`basic aspects of present invention.
`In describing a preferred embodiment of the invention
`illustrated in the drawings, specific terminology has been
`used for the sake of clarity. However, the invention is not
`intended to be limited to the specific terms selected, and it
`is to be understood that each specific term includes all 20
`technical equivalents which operate in a similar manner to
`accomplish a similar purpose.
`What is claimed is:
`1. A riding mower adapted to traverse the ground and
`having a frame with a mower deck supported beneath the 25
`frame and a chair supported on the frame and a source of
`motive power also supported on said frame, the mower
`further comprising:
`a pair of forward wheels spaced apart from a pair of rear
`driven wheels, all of the wheels adapted to support the 30
`frame; and,
`two hydraulic transaxles mounted beneath the frame to
`each selectively rotate a driven wheel when supplied
`motive power, where each transaxle is supported
`beneath the frame by at least one vibration pillow and 35
`pivotally secured to the frame so that each transaxle
`may move upwardly or downwardly in response to
`movement by its driven wheel and wherein each of the
`driven wheels can pivot upwardly or downwardly as
`the mower traverses the ground and wherein upward 40
`wheel movement is dampened by the vibration pillows.
`2. The mower as described in claim 1 wherein each
`transaxle is proximate a driven wheel.
`3. The mower as described in claim 2 wherein each
`transaxle is secured to the frame by a rod which permits the 45
`transaxle to pivot upwardly or downwardly in conjunction
`with driven wheel movement upwardly or downwardly.
`4. The mower as described in claim 3 wherein each rod
`spans between spaced apart downwardly depending tabs
`secured to the frame.
`5. A riding mower adapted to traverse the ground and
`having a frame with a mower deck supported beneath the
`
`50
`
`6
`frame and a cha