Case 1:17-cv-00070-DPM Document 43-1 Filed 08/20/18 Page 2 of 35
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF ARKANSAS
`BATESVILLE DIVISION
`
`
`BAD BOY, INC.,
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`
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`v.
`
`
`Plaintiff,
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`INTIMIDATOR, INC. and RF
`PRODUCTS, INC.,
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`)))
`
`Defendants.
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`
`)
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`
`
`
`DECLARATION OF ROELOF H. DEVRIES IN SUPPORT OF DEFENDANTS’ CLAIM
`CONSTRUCTION BRIEF
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`1
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`
`
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`Case No. 1:17-cv-00070-BSM
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`
`)
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`))
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`)
`)
`)
`)
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`000001
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`Intimidator, Inc., et al. Exhibit 1013
`IPR of U.S. Pat. No. 9,730,386
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`Case 1:17-cv-00070-DPM Document 43-1 Filed 08/20/18 Page 3 of 35
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`DECLARATION EXHIBITS
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`Defendants’ Exhibit
`Number
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`Exhibit Description
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`1
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`2
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`3
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`4
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`5
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`6
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`Listing of Documents and Websites Reviewed
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`Curriculum Vitae of Roelof H. deVries
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`Parker Hannifin Corp.'s HTJ series Integrated Hydrostatic
`Transmission with a portion of the housing removed to show the
`hydrostatic pump and wheel motor inside the housing
`
`Hydro-Gear's Hydro- ZT Series Integrated Hydrostatic Transaxle
`with a portion of the housing removed to show the hydrostatic pump,
`motor, gear reducer, and axle inside the housing
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`Exploded view of relevant portions of the Hydro-Gear ZT Series
`Integrated Hydrostatic Transaxle
`
`Exploded view of relevant portions of Parker Hannifin Corp.'s HTJ
`Series Integrated Hydrostatic Transmission.
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`2
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`000002
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`Intimidator, Inc., et al. Exhibit 1013
`IPR of U.S. Pat. No. 9,730,386
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`Case 1:17-cv-00070-DPM Document 43-1 Filed 08/20/18 Page 4 of 35
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`I, Roelof H. deVries hereby declare the following:
`
`I.
`
`INTRODUCTION
`
`1.
`
`I have been retained by counsel for Intimidator, Inc. and RF Products, Inc.
`
`(collectively, “Defendants”) with regard to U.S. Patent No. 9,730,386 (“the ‘386 Patent”), and
`
`the lawsuit of Bad Boy, Inc. v. Intimidator, Inc. and RF Products, Inc., Case No. 1:17-cv-00070-
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`BSM in the United States District Court for the Eastern District of Arkansas.
`
`2.
`
`My opinions are based on my education and experience with regard to off-road
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`vehicles, including grounds maintenance equipment vehicles, and related fields, as well as the
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`documents and websites listed in Exhibit 1.
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`3.
`
`I am being compensated at the rate of $430 for each hour of service that I provide
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`in connection with this matter. This compensation is not contingent upon my performance, upon
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`the outcome of this matter, or upon any issues involved in or related to this matter.
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`II.
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`QUALIFICATIONS AND EXPERIENCE
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`4.
`
`My curriculum vitae is attached to this declaration as Exhibit 2, and contains a
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`description of my work history, education and accomplishments. I am both a mechanical
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`engineer and an agricultural engineer with approximately thirty years of engineering experience,
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`approximately eight years of which is experience with the grounds maintenance equipment
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`industry.
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`5.
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`I received a Bachelor of Science in Mechanical Engineering from Lafayette
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`College in 1981.
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`6.
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`I received a Master’s of Science in Agricultural Engineering, with a concentration
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`in Power and Machinery, from Cornell University in 1987.
`3
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`000003
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`Intimidator, Inc., et al. Exhibit 1013
`IPR of U.S. Pat. No. 9,730,386
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`Case 1:17-cv-00070-DPM Document 43-1 Filed 08/20/18 Page 5 of 35
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`7.
`
`Briefly stated, my work experience includes working as a Design Engineer at
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`Ford New Holland, where I worked with product improvement for industrial tractor models. At
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`Ford New Holland, I was the Lead Engineer for the design and launch of industrial tractors and
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`industrial tractor loaders, including their 250C and 260C industrial tractors and “D Series”
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`industrial tractor loaders as well as product improvement for tractor-loader-backhoes. While at
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`Ford New Holland, my duties included work involving hydraulics and the systems in a tractor
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`which connect the engine to the wheels.
`
`8.
`
`Of significance, I spent over eight years as an Engineering Manager at Steiner
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`Turf Equipment, Inc. where I worked with new product development and product improvement
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`for grounds maintenance equipment. There, I managed a department and was the Lead Designer
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`for a new walk-behind big roll sod layer that used a Hydro-Gear brand integrated hydrostatic
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`transaxle, also known as an "integrated hydraulic transaxle," which has a high speed, low torque
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`motor and a gear reduction. I was also the Lead Designer for a new ride-on big roll sod layer
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`that did not have a transaxle, but instead used a hydrostatic transmission using a low speed, high
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`torque wheel motor and no gear reducer to rotate the wheel of the vehicle.
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`9.
`
`At Steiner Turf Equipment, Inc., I was also involved in product improvement
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`projects and service issues related to hydrostatic transmissions used in 4 wheel drive and 2 wheel
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`drive turf tractors, zero-turning radius riding mowers (also known and referred to as "ZTR
`
`mowers"), and a rough terrain fork lift. The tractors used transaxles, and the zero-turning radius
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`mowers and fork lift did not use transaxles, but used wheel motors instead.
`
`10.
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`I was also Engineering Manager and Chief Engineer for J&J Truck Bodies and
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`Trailers for four years. While at J&J, I managed a department of ten to fifteen employees,
`
`ranging from research and development, to engineering, to programming. My department was
`
`4
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`Intimidator, Inc., et al. Exhibit 1013
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`Case 1:17-cv-00070-DPM Document 43-1 Filed 08/20/18 Page 6 of 35
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`responsible for the development of new products for truck bodies, trailers, and specials. In
`
`particular, we designed a double-deck trailer with raising frame that had hydraulic systems and
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`sand storage and delivery systems for gas well simulation jobs that involved hydraulic systems.
`
`11.
`
`I have been the principal at deVries Engineering for the last nine years, where my
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`duties have included contract design and analysis of various machinery that involved mechanical
`
`drive systems, including testing and certification of Refuge Chambers for coal mines, design of a
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`screen and rake for water inlet to power generation stations, design of the structure and drive for
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`100 cubic yard oil refinery waste handling system, design of transfers and drives for an over-land
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`conveyor system, and drafting and design of manure spreaders and forage wagons.
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`12. More generally and of possible application to this matter, I have designed power
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`trains, which are the mechanisms that transmit the drive from an engine or electric motor to
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`another component, for use in applications other than driving vehicle wheels, including
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`stationary and mobile conveyors, augers, trenchers, blowers, sweepers, and rakes. The power
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`trains included hydraulic pumps and motors, gear reducers, and belt and chain drives. I have
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`also designed drive trains, which are systems in a motor vehicle that transmit power from the
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`engine to the wheel. These projects were in the context of Steiner Turf Equipment, Inc. and J&J
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`Truck Bodies and Trailers, as well as contract work done at deVries Engineering.
`
`13.
`
`Since 2008, I have also been an Assistant Professor at the University of Pittsburgh
`
`at Johnstown, and I have taught a number of courses, including Machine Design, Engineering
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`Design, Introduction to Engineering Analysis, Engineering Drawing, Introduction to Mechanical
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`Engineering Design, Strengths of Materials, Strengths of Materials Lab, Fluid Mechanics Lab,
`
`and Computer Aided Design and Drafting. I also teach and provide significant curriculum
`
`development for the University's course in Advanced Machine Design. This course covers many
`
`5
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`Intimidator, Inc., et al. Exhibit 1013
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`Case 1:17-cv-00070-DPM Document 43-1 Filed 08/20/18 Page 7 of 35
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`aspects of power transmission, including hydraulic and hydrostatic drives and gear trains. In the
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`Fall of 2018, I am also teaching a new course entitled Off-Road Vehicle Dynamics.
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`14.
`
`I also have knowledge and experience in various methods of relative motion
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`control used in vehicles, including suspension systems for vehicles. For example, I am the
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`faculty advisor for the University of Pittsburgh at Johnstown's SAE Mini Baja Team, which is a
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`team that participates in an intercollegiate design competition run by the Society of Automotive
`
`Engineers (SAE). Teams of students from universities all over the world design, build and race
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`off-road vehicles similar in appearance to dune buggies that can withstand the harshest elements
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`of rough terrain. Each team's goal is to design and build a prototype of a rugged, single seat, off-
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`road recreational vehicle having vehicle suspension systems. In addition to the SAE Mini Baja
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`Team, suspension systems in vehicles is a large portion of the curriculum in the Off Road
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`Dynamics class I am teaching in the Fall of 2018 the University of Pittsburgh at Johnstown.
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`15.
`
`I am certified as a professional engineer in Pennsylvania, Maryland, and West
`
`Virginia.
`
`III.
`
`LIST OF PUBLICATIONS AUTHORED IN THE PAST 10 YEARS
`
`16.
`
`I have authored the following publications in the last 10 years:
`
`(cid:120)
`
`(cid:120)
`
`Reconfiguring an Engineering Drawing Course – Mapping Goals and
`Methods to Leverage CADD Functionality,” which was presented at ASEE
`International Conference in Vancouver, B.C. on July 26, 2011, and published
`by ASEE.
`
`“Enhancing Spatial Visualization Skills in Engineering Drawing Course”
`(secondary author), which was presented at ASEE Conference in June 2015
`in Seattle, WA, and published by ASEE.
`
`6
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`000006
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`Intimidator, Inc., et al. Exhibit 1013
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`Case 1:17-cv-00070-DPM Document 43-1 Filed 08/20/18 Page 8 of 35
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`IV.
`
`LIST OF TESTIMONY IN THE PAST 4 YEARS
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`17.
`
`I have testified at trial in the following cases in the past 4 years:
`
`(cid:120)
`
`Black Dog Mining v. John D. Clark Trucking (4/7/16)
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`18.
`
`I have testified by deposition in the following cases in the past 4 years:
`
`(cid:120)
`
`(cid:120)
`
`(cid:120)
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`McKenzie v. Dematic (10/2/14)
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`Garcia-Ramirez v. Accurate Recycling (3/24/15)
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`Roudabush v. Rondo (7/9/16)
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`V.
`
`DEFINITION OF A PERSON OF SKILL IN THE ART
`
`19.
`
`I am informed by counsel for Defendants and understand that the meaning of a
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`claim term in the '386 Patent is to be analyzed from the perspective of one of a person of
`
`ordinary skill in the art.
`
`20.
`
` I understand that in construing certain terms of the ‘386 Patent, June 11, 2014
`
`should be used to gauge the level of skill of those in the art.
`
`21.
`
`For purposes of this matter, it is my opinion that a person of ordinary skill in the
`
`art is a person who has a Bachelor of Science degree in mechanical engineering or similar field,
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`plus at least three years of experience in the mechanical design and implementation of off-road
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`vehicles, including grounds maintenance equipment vehicles, or a non-degreed technician with
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`five or more years of experience in the mechanical design and implementation of off-road
`
`vehicles, including grounds maintenance equipment vehicles.
`
`VI.
`
`The ‘386 PATENT
`
`22.
`
`I understand that the ‘386 Patent, entitled “Suspension System For Lawnmower,”
`
`issued on August 15, 2017, from a Non-Provisional Application filed on June 10, 2015, and a
`
`7
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`000007
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`Intimidator, Inc., et al. Exhibit 1013
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`Case 1:17-cv-00070-DPM Document 43-1 Filed 08/20/18 Page 9 of 35
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`Provisional Application filed on June 11, 2014. The term “transaxle” is used in Claims 1, 2, 3, 5,
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`6, 7, 8, and 9 of the ‘386 Patent, and is incorporated into dependent Claim 4 through Claims 1, 2,
`
`and 3.
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`VII. CLAIM CONSTRUCTION OPINION
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`23. My explanations and opinions below are consistent with what a person of
`
`ordinary skill in the art would have understood as of June 11, 2014.
`
`24.
`
`In the grounds maintenance equipment industry, off-road agricultural and turf
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`grass management equipment vehicles, such as riding mowers, are moved by a "powertrain"
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`which is the mechanism that transmits the drive from the engine to the shaft that rotates the
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`wheels and moves the mower. The powertrain can be made up of many variable parts.
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`25.
`
`For example, the wheels of a mower can be turned by a hydraulic transmission
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`alone or they can be turned by a transaxle. To understand a transaxle, one must first understand
`
`a transmission.
`
`Transmission
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`26.
`
`A transmission can be mechanical (i.e., having belts, etc.) or hydraulic (i.e.,
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`having a hydraulic motor). A "hydraulic transmission" has its hydraulic motor connected to
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`hydraulic pump. Hydraulic transmissions are often used in grounds maintenance equipment. If
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`the hydraulic pump in a hydraulic transmission is specifically a variable displacement pump,
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`then that hydraulic pump is a "hydrostatic pump." The combination of a hydraulic motor with a
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`hydrostatic pump makes a "hydrostatic transmission." (Hydraulics and Pneumatics on-line
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`magazine, Aug 10, 2010, “Understanding Hydrostatic Transmissions” by Jack Johnson). The
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`word "displacement" in "variable displacement pump" refers to the volume of fluid moved in one
`8
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`000008
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`Intimidator, Inc., et al. Exhibit 1013
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`Case 1:17-cv-00070-DPM Document 43-1 Filed 08/20/18 Page 10 of 35
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`revolution of the pump or motor. The variable displacement pump is used in order to provide
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`speed and direction control of the hydraulic motor.
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`27.
`
`Some hydraulic transmissions (i.e., low speed, high torque hydraulic motor
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`connected to a hydrostatic pump) are capable of turning the wheels of the mower without the
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`need for additional intervening components between the motor and the wheel. For example, a
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`hydrostatic transmission that is capable of turning the wheel of the mower without the need for
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`additional intervening components would have a particular type of low speed, high torque
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`hydraulic motor called a "wheel motor" connected to the hydrostatic pump. This wheel motor
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`directly turns the wheel of the mower without any separate axle. In other words, the output shaft
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`of the wheel motor actually ends with the wheel mount that attaches to the wheel, and there is no
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`additional axle between the wheel motor and the wheel of the mower. Another name for a wheel
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`motor is a "direct drive motor" and the two terms are used interchangeably in the industry.
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`Parker Hannifin Corp. is one manufacturer of hydrostatic transmissions having a wheel motor
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`connected to a hydrostatic pump, and one such example is Parker Hannifin Corp.'s HTJ series
`
`Integrated Hydrostatic Transmissions. Exhibit 3 is a depiction of Parker Hannifin Corp.'s HTJ
`
`series Integrated Hydrostatic Transmission with a portion of the housing removed to show the
`
`hydrostatic pump and wheel motor inside the housing.
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`28.
`
`A transmission is "integrated" if the motor and pump are either in the same
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`housing or, if the motor and pump are in separate housings, then the housings are directly
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`attached to each other. A transmission is "non-integrated" if the motor and pump are separated
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`and their housings are not directly attached.
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`Transaxle
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`9
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`000009
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`Intimidator, Inc., et al. Exhibit 1013
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`Case 1:17-cv-00070-DPM Document 43-1 Filed 08/20/18 Page 11 of 35
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`29.
`
`A transaxle can be mechanical or hydraulic (i.e., having a hydraulic motor).
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`When a hydraulic motor (i.e., a high speed, low torque hydraulic motor) is incapable of
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`effectively turning the wheels, then additional intervening components are required between the
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`motor and the wheel in order to be able to turn that wheel with the desired torque and speed.
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`These additional intervening components are a gear reducer and an axle. A "gear reducer" is a
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`gear train or gear set that converts the higher speed of the motor to a lower speed for the axle. A
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`"gear set" is two gears engaging each other. A "gear train" is more than two gears engaging each
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`other. When a gear train is inside a housing, that housing is a "gear case."
`
`30. When a high speed, low torque hydraulic motor is combined with a gear reducer
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`and an axle, the resulting assembly is a "hydraulic transaxle." The high speed, low torque
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`hydraulic motor of the hydraulic transaxle would be powered by a hydraulic pump. If the
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`hydraulic pump is hydrostatic that powers the high speed, low torque hydraulic motor of the
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`hydraulic transaxle, then the hydraulic transaxle is also known as a "hydrostatic transaxle."
`
`Thus, a "hydraulic transaxle" and a "hydrostatic transaxle" are comprised of a high speed, low
`
`torque hydraulic motor; a gear reducer; and an axle.
`
`31.
`
`Notably, a wheel motor, which is a direct drive motor, mounts directly to the
`
`wheel of the mower and cannot be used in combination with a gear reducer and an axle.
`
`Therefore, a transaxle does not, and cannot, have a wheel motor (or direct drive motor) as its
`
`motor. Additionally, a wheel motor (or direct drive motor) is a low speed, high torque hydraulic
`
`motor and cannot be used in a transaxle which uses a high speed, low torque motor. Hydro-Gear
`
`is one manufacturer of hydraulic and hydrostatic transaxles, and one such example is Hydro- ZT
`
`series Integrated Hydrostatic Transaxle. As a transaxle, the Hydro- ZT series Integrated
`
`Hydrostatic Transaxle, which is used in zero-turning radius mowers, does not have a wheel
`
`10
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`000010
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`Intimidator, Inc., et al. Exhibit 1013
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`Case 1:17-cv-00070-DPM Document 43-1 Filed 08/20/18 Page 12 of 35
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`motor or direct drive motor. Exhibit 4 is a depiction of Hydro-Gear's Hydro- ZT series
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`Integrated Hydrostatic Transaxle with a portion of the housing removed to show the hydrostatic
`
`pump, motor, gear reducer, and axle inside the housing.
`
`32.
`
`Transaxles can include different variables. For example, a transaxle may have a
`
`motor inside a housing with other components or it may have a motor outside that housing; a
`
`transaxle may or may not connect to a hydraulic pump; a transaxle may or may not connect to a
`
`hydrostatic pump; a transaxle may have a pump inside a housing with other components or it
`
`may have a pump outside that housing; a transaxle may or may not have brakes and bypass
`
`valves; a transaxle may or may not have a wheel hub mounted to the axle for connecting the axle
`
`to the wheel of the vehicle; a transaxle may or may not have differentials; a transaxle may have
`
`one drive axle or it may have two drive axles; and a transaxle may have a fixed drive axle or it
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`may have a steering drive axle.
`
`33.
`
`If a transaxle is used with a pump, then the transaxle is "integrated" if the pump is
`
`inside a housing with the motor, gear reducer, and one end of the axle, and it is "non-integrated"
`
`if the pump is located away from the housing containing the motor, gear reducer, and one end of
`
`the axle.
`
`34.
`
`The product depicted on page 7 of the plaintiff's Claim Construction Brief and
`
`labeled "Hydro-Gear" is a ZT series Integrated Hydrostatic Transaxle offered by Hydro-Gear. It
`
`is an integrated hydrostatic transaxle having in a single housing a hydrostatic pump, a low speed,
`
`high torque hydraulic motor, a gear reducer, and a separate axle that attaches to the wheel.
`
`Hydro-Gear's ZT series Integrated Hydrostatic Transaxle is also depicted in Figure 1 below and
`
`at Exhibit 4.
`
`Figure 1. Hydro-Gear ZT series Integrated Hydrostatic Transaxle
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`11
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`000011
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`Case 1:17-cv-00070-DPM Document 43-1 Filed 08/20/18 Page 13 of 35
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`35.
`
`The product depicted on page 7 of the plaintiff's Claim Construction Brief and
`
`labeled "Parker" appears to be an HTJ series Integrated Hydrostatic Transmission offered by
`
`Parker Hannifin Corp. which is an integrated hydrostatic transmission having a hydrostatic pump
`
`that is directly attached to a wheel motor whose output shaft ends with a wheel mount that
`
`attaches directly to the wheel without an additional axle between the wheel motor and the wheel.
`
`The "Parker" product depicted on page 7 of the plaintiff's Claim Construction Brief is not a
`
`transaxle. Parker Hannifin Corp.'s HTJ series Integrated Hydrostatic Transmission is also
`
`depicted in Figure 2 below and at Exhibit 3.
`
`Figure 2. Parker HTJ series Integrated Hydrostatic Transmission.
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`12
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`000012
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`Intimidator, Inc., et al. Exhibit 1013
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`Case 1:17-cv-00070-DPM Document 43-1 Filed 08/20/18 Page 14 of 35
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`36.
`
`The Parker HTJ series "integrated hydrostatic transmission," as shown in Figure
`
`2, has no gear reducer or separate axle. It uses a wheel motor. It is not a transaxle. Distinct
`
`from the Hydro-Gear "integrated hydrostatic transaxle" shown in Figure 1, the Parker HTJ series
`
`"integrated hydrostatic transmission" has no gear reduction, whereas the Hydro-Gear integrated
`
`hydrostatic transaxle does; the Parker integrated hydrostatic transmission has no single housing
`
`for the hydrostatic pump and motor, whereas the Hydro-Gear integrated hydrostatic transaxle
`
`does; and the Parker integrated hydrostatic transmission uses a wheel motor (direct drive motor)
`
`that mounts directly to the wheel, whereas the Hydro-Gear integrated hydrostatic transaxle does
`
`not use a wheel motor and requires a separate axle to couple the gear reducer to the wheel.
`
`13
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`000013
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`Intimidator, Inc., et al. Exhibit 1013
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`Case 1:17-cv-00070-DPM Document 43-1 Filed 08/20/18 Page 15 of 35
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`Manufacturers of Transmissions and Transaxles
`
`37.
`
` Integrated and non-integrated transaxles and integrated and non-integrated
`
`transmissions are suited for the grounds maintenance equipment industry, including rear-wheel
`
`drive riding mowers such as zero-turning radius mowers. Companies that manufacture and
`
`supply transmission or transaxles to the grounds maintenance equipment industry use the terms
`
`"transmission," "transaxle," and "integrated" consistent with my understanding of those terms as
`
`a person of ordinary skill in the art as of June 11, 2014. This is shown, for example, by the
`
`company websites for Hydro-Gear, Eaton, TMA (Transaxle Manufacturing of America), Tuff
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`Torq, and Parker Hannifin Corp.
`
`38.
`
`For example, Hydro-Gear’s website provides a “glossary of
`
`terms” at
`
`http://www.Hydro-Gear.com/glossary-of-terms/.
`
`39.
`
`Hydro-Gear’s glossary of terms recite the following definitions:
`
`(cid:120) Hydraulic Pump - A device which converts mechanical
`force and motion into hydraulic fluid power by producing
`flow.
`
`(cid:120) Hydrostatic Pump - See "Hydraulic Pump."
`
`(cid:120) Hydrostatic Transmission – The combination of a hydraulic
`pump and motor in one housing to form a device for the
`control and transfer of power.
`
`(cid:120) Hydrostatic Transaxle – A multi-component assembly
`including a gear case and a hydrostatic transmission.
`
`(cid:120)
`
`Integrated Zero-Turn Transaxle – the combination of a
`hydrostatic transmission and gear case in one housing to
`form a complete transaxle.
`
`40.
`
`As previously explained, in the context of the grounds maintenance equipment
`
`industry, a "gear case" is used to refer to the housing containing a gear reducer made up of two
`
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`or more gears. Also as explained above, a hydraulic pump that is variable displacement is a
`
`hydrostatic pump.
`
`41.
`
`Hydro-Gear is consistent in its use of these terms when describing their products.
`
`All of Hydro-Gear's transaxles have motors, gear reducers and axles. For example, Hydro-Gear
`
`uses "integrated hydrostatic transaxle" to refer to its Hydro-Gear ZT series Integrated
`
`Hydrostatic Transaxle product which has a single housing containing a hydrostatic pump, a
`
`motor, a gear reducer, and a separate axle that connects the gear reducer to the wheel. Attached
`
`as Exhibit 5 is an exploded view of the Hydro-Gear ZT series Integrated Hydrostatic Transaxle.
`
`42.
`
`Parker Hannifin Corp. also uses the term "integrated hydrostatic transmission"
`
`consistent with my understanding as a person of ordinary skill in the art as of June 11, 2014. For
`
`example, Parker uses "integrated hydraulic transmission" to refer to its HTJ series Integrated
`
`Hydrostatic Transmissions which has a hydrostatic pump in one housing attached directly to the
`
`housing of a wheel motor. The wheel motor also has an output shaft that connects directly to the
`
`wheel. Attached as Exhibit 6 is an exploded view of the Parker Hannifin Corp.'s HTJ series
`
`Integrated Hydrostatic Transmission. Therefore, Parker Hannifin Corp.'s HTJ series "integrated
`
`hydrostatic transmission" is not a transaxle.
`
`43.
`
`Table 1 summarizes the basic characteristics of transmissions and transaxles
`
`offered by manufacturers:
`
`Table 1. Summary of Transaxle and Transmission supplier survey.
`
`Brand
`
`Descriptor
`
`Model
`
`Hydrostatic?
`
`Hydro-
`Gear
`
`Hydro-
`Gear
`
`Transaxle
`
`ZT series
`
`Transaxle
`
`T series
`
`Yes, 1.6:1
`reduction
`
`Yes,
`unspecified
`reduction
`
`15
`
`Gear
`reducer?
`Yes, 12.93:1 to
`19.2:1
`reduction
`Yes, 20.6:1 to
`29.9:1 total
`reduction
`
`# Axles?
`
`1
`
`2
`
`000015
`
`Intimidator, Inc., et al. Exhibit 1013
`IPR of U.S. Pat. No. 9,730,386
`
`

`

`Case 1:17-cv-00070-DPM Document 43-1 Filed 08/20/18 Page 17 of 35
`
`Hydro-
`Gear
`Hydro-
`Gear
`Hydro-
`Gear
`Hydro-
`Gear
`Eaton
`
`Transaxle
`
`Transaxle
`
`G730
`
`SST
`
`Transmission
`
`RT-310
`
`Transmission
`
`BDU
`
`Transaxle
`
`Eaton
`
`Transmission
`
`TMA
`
`TMA
`
`Transaxle
`
`Transaxle
`
`Tuff Torq Transaxle
`
`K series
`
`Tuff Torq Transaxle
`
`TZ series
`
`751, 851,
`771,778, 781
`series
`Light duty
`Models 6/7 and
`11
`UV series
`
`UT series
`
`Yes, 1.6:1
`reduction
`Yes, 1:1
`reduction
`Yes, 3.4:1
`reduction
`Yes, 1:1
`reduction
`Yes, 1.6:1
`reduction
`
`Yes, 1.7:1 to
`1.8:1 reduction
`
`No
`
`Yes
`
`Yes, 1:1 to
`1.4:1 reduction
`
`Yes, 1:1
`reduction
`
`Yes, 17.2:1
`reduction
`Yes, 30.4:1
`reduction
`No
`
`No
`
`Yes, 16:1
`reduction
`
`No
`
`Yes, 18.4:1
`reduction
`Yes
`
`Yes, 28.1:1 to
`31.7:1
`reduction
`Yes, 16.6:1 to
`20.5:1
`reduction
`Yes, 12.4:1 to
`25.5 reduction
`No
`
`2
`
`2
`
`None
`
`None
`
`1
`
`None
`
`2
`
`2
`
`2
`
`1
`
`2
`
`Output shaft
`of wheel
`motor
`
`Tuff Torq Transaxle
`
`UV series
`
`No
`
`Parker
`
`Transmission
`
`HTE, HTJ,
`HTG series
`
`Yes, 11.4 to
`28.9:1 reduction
`
`44.
`
`From this survey in Table 1, we see that all of the transaxles include a motor, a
`
`gear reducer, and at least one axle. For example, Hydro-Gear's "ZT" series have transaxles that
`
`include a high speed, low torque motor with a hydrostatic pump which gives a speed reduction of
`
`1.6:1; a gear reducer which provides an additional 12.93:1 reduction, for a total reduction of
`
`20.69; and an axle. Hydro-Gear's ZT series integrated hydrostatic transaxle, depicted in Figure
`
`1, is one transaxle in Hydro-Gear's "ZT" series of transaxles.
`
`45.
`
`Zero-turning radius mowers are not required to use a transaxle and they are not
`
`required to use an "integrated" system. For example, Figure 3 shows a non-integrated hydraulic
`16
`
`000016
`
`Intimidator, Inc., et al. Exhibit 1013
`IPR of U.S. Pat. No. 9,730,386
`
`

`

`Case 1:17-cv-00070-DPM Document 43-1 Filed 08/20/18 Page 18 of 35
`
`transmission, comprised of low speed, high torque wheel motor with brake on the left that can be
`
`connected by hydraulic hoses to the separate tandem pump on the right, that can be used on a
`
`zero-turning radius mower instead of a transaxle.
`
`Figure 3. Parker DF series Wheel Motor with Brake on the left, and a separate HP2
`series tandem pump on the right, which can be connected by hydraulic
`hoses and used together as a Non-Integrated Transmission.
`
`46.
`
`In my opinion, the meaning of “transaxle” as that term is used in the '386 Patent
`
`from the perspective of a person of ordinary skill in the mechanical design and implementation
`
`of off-road vehicles, including grounds maintenance equipment vehicles, as of June 11, 2014, is:
`
`Hydraulic transaxle, including integrated or non-integrated. An "integrated"
`hydraulic transaxle is one in which a hydrostatic pump is located inside the
`transaxle housing containing a high speed, low torque hydraulic motor; a gear
`reducer; and one end of the axle, and a "non-integrated" hydraulic transaxle is one
`in which a hydrostatic pump is located away from the transaxle housing
`containing a high speed, low torque hydraulic motor; a gear reducer; and one end
`of the axle.
`
`47. My opinion is based on the information currently available to me. I expressly
`
`reserve the right to supplement my opinion in response to any additional or new information that
`
`becomes available to me, including any new matters raised by Plaintiff and/or opinions provided
`
`by its expert(s), or in light of any relevant orders from the Court.
`
`17
`
`000017
`
`Intimidator, Inc., et al. Exhibit 1013
`IPR of U.S. Pat. No. 9,730,386
`
`

`

`Case 1:17-cv-00070-DPM Document 43-1 Filed 08/20/18 Page 19 of 35
`
`000018
`
`Intimidator, Inc., et al. Exhibit 1013
`IPR of U.S. Pat. No. 9,730,386
`
`