`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`
`CASE NO. 13-cv-3418
`
`JUDGE
`
`COMPLAINT
`
`
`Plaintiff,
`
`
`
`Defendants.
`
`NOT DEAD YET MANUFACTURING,
`INC., d/b/a NDY MFG, INC.,
`
`
`
`
`PRIDE SOLUTIONS, LLC and MAY
`WES MANUFACTURING,
`
`
`
`
`v.
`
`
`
`
`
`
`
`
`
`THE PARTIES
`
`1.
`
`Plaintiff, Not Dead Yet Manufacturing, Inc. d/b/a NDY MFG, Inc., is an Illinois
`
`corporation having its principal place of business at 4590 N. 11000 W. Road, Bonfield, IL
`
`60913.
`
`2.
`
`Upon information and belief, Defendant, Pride Solutions, LLC, is a company organized
`
`under the laws of Minnesota and has registered office address of 16057 673rd Ave, Hutchinson,
`
`MN 55350, and a principal place of business at120 Eastgate Drive SE, Hutchinson, MN 55350.
`
`3.
`
`Upon information and belief, May Wes Manufacturing is a division of Defendant, Pride
`
`Solutions, LLC, is a company organized under the laws of Minnesota, and has a principal place
`
`of business at 120 Eastgate Drive SE, Hutchinson, MN 55350.
`
`JURISDICTION AND VENUE
`
`4.
`
`This is an action for patent infringement arising under the patent laws of the United
`
`States, 35 U.S.C. § 271 et seq.
`
`5.
`
`6.
`
`This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338.
`
`This Court has personal jurisdiction over each of the defendants under 735 ILCS §2-209
`
`for at least the reason that each of the defendants has conducted business within Illinois and have
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`1
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`Case: 1:13-cv-03418 Document #: 1 Filed: 05/07/13 Page 2 of 6 PageID #:2
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`committed tortious acts in Illinois.
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`7.
`
`Venue in this District is proper under 28 U.S.C. §§ 1391 and 1400(b).
`
`BACKGROUND FACTS
`
`8.
`
`Kenneth E. Shoup is the president of plaintiff, and established plaintiff on March 9, 2010.
`
`9. Mr. Shoup is a named inventor on over 20 issued U.S. patents and numerous patent
`
`applications related to agricultural equipment.
`
`10.
`
`Plaintiff is in the business of designing, manufacturing, and selling equipment related to
`
`agricultural products, including, but not limited to planting and harvesting machinery.
`
`11. At least as early as July 2010, Mr. Shoup conceived of and commenced designing a quick
`
`connect and disconnect coupling for stalk stompers.
`
`12.
`
`By at least July 16, 2010, Mr. Shoup reduced his concept to practice.
`
`13. On or about August 14, 2010 plaintiff first publicly displayed a quick connect and
`
`disconnect coupling for stalk stompers in accordance with his concept.
`
`14.
`
`On or about March 9, 2011, Mr. Daryl Peterson contacted plaintiff via telephone at its
`
`Bonfield, Illinois office, and purchased two of plaintiff's stalk stompers with the quick connect
`
`and disconnect coupling. An invoice for the purchase is attached is Exhibit A.
`
`15.
`
`On information and belief, Mr. Peterson was, at the time of the purchase, an employee of
`
`defendant May Wes.
`
`16. On information and belief, Mr. Peterson is the sales manager for defendant May Wes.
`
`17. Mr. Peterson did not inform plaintiff that he was an employee of or affiliated with
`
`defendant May Wes.
`
`18. On information and belief, Mr. Peterson was acting on authority from May Wes in
`
`contacting plaintiff and purchasing plaintiff's stalk stomper with a quick connect and disconnect
`
`
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`2
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`Case: 1:13-cv-03418 Document #: 1 Filed: 05/07/13 Page 3 of 6 PageID #:3
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`coupling.
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`19.
`
`On information and belief, prior to Mr. Peterson's purchase from plaintiff, May Wes was
`
`not making or selling a stalk stomper with a quick connect and disconnect coupling.
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`20. On information and belief, Mr. Peterson or other persons associated with May Wes
`
`studied plaintiff's stalk stomper with a quick connect and disconnect coupling that Mr. Peterson
`
`had purchased from plaintiff.
`
`21. On information and belief, Mr. Peterson or other persons associated with May Wes
`
`designed a stalk stomper with a quick connect and disconnect coupling based on plaintiff's stalk
`
`stomper with a quick connect and disconnect coupling.
`
`22.
`
`Several weeks after Mr. Peterson's purchase, Mr. Peterson contacted plaintiff seeking to
`
`return the stalk stomper with a quick connect and disconnect coupling that he had purchased
`
`from plaintiff.
`
`23. On or about June 15, 2011, May Wes introduced to its customers a stalk stomper with a
`
`quick disconnect coupling.
`
`24.
`
`In August 2011, Mr. Peterson of May Wes showed and demonstrated its version of a
`
`stalk stomper with a quick connect and disconnect coupling at the Farm Progress Show of 2011
`
`in Decatur, Illinois.
`
`25. On information and belief, since August 2011 and continuing to present, representatives
`
`of May Wes have showed and demonstrated its stalk stomper with a quick connect and
`
`disconnect coupling in Illinois.
`
`26.
`
`On information and belief, defendants, through the May Wes division, have made, used,
`
`sold or offered for sale stalk stompers with a quick connect and disconnect coupling since at least
`
`August 2011 to the present in the United States, in Illinois, and in this District.
`
`
`
`3
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`Case: 1:13-cv-03418 Document #: 1 Filed: 05/07/13 Page 4 of 6 PageID #:4
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`27. On information and belief, defendants, through the May Wes division, are currently
`
`making, using, selling, or offering for sale stalk stompers with a quick connect and disconnect
`
`coupling including, but not limited those designated with part numbers 83308, 83020, 83022,
`
`41830, 83322, and 83323 in the United States, in Illinois, and in this District.
`
`28. On information and belief, since at least August 2011 to present, defendants, through the
`
`May Wes division, have been inducing others to use stalk stompers with a quick connect and
`
`disconnect coupling including, but not limited those designated with part numbers 83308, 83020,
`
`83022, 41830, 83322, and 83323 in the United States, in Illinois, and in this District.
`
`29. On information and belief, defendants, through the May Wes division, has been making,
`
`using, selling, and offering for sale replacement parts for stalk stompers with a quick connect and
`
`disconnect coupling including, but not limited those designated with part numbers 83308, 83020,
`
`83022, 41830, 83322, and 83323 in the United States, in Illinois, and in this District.
`
`30. On information and belief, defendants, through the May Wes division, has been making,
`
`using, selling, and offering for sale upgrade kids to convert existing stalk stompers to stalk
`
`stompers with a quick connect and disconnect coupling in the United States, in Illinois, and in
`
`this District.
`
`COUNT I - Patent Infringement of U.S. Patent No. 8,418,432
`
`31.
`
`Paragraphs 1-30 are incorporated herein by reference.
`
`32. On or about July 19, 2011, Mr. Shoup caused a patent application directed to his concept
`
`of a quick connect and disconnect coupling for a stalk stomper to be filed with the U.S. Patent
`
`and Trademark Office.
`
`33. On April 16, 2013, U.S. Patent No. 8,418,432, entitled "Quick Connect/Disconnect
`
`Coupling For A Stalk Stomper", was issued by the United States Patent and Trademark Office,
`
`
`
`4
`
`
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`Case: 1:13-cv-03418 Document #: 1 Filed: 05/07/13 Page 5 of 6 PageID #:5
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`and listed Kenneth E. Shoup as the Inventor. A true and correct copy of U.S. Patent No.
`
`8,418,432 is attached as Exhibit B.
`
`34. U.S. Patent No. 8,418,432 is currently owned by plaintiff by way of assignment.
`
`35. As of at least April 20, 2013, Plaintiff has marked the stalk stompers with a quick connect
`
`and disconnect coupling that it manufactures and sells with a label that provides notice of U.S.
`
`Patent No. 8,418,432.
`
`36.
`
`Each of the stalk stompers with a quick connect and disconnect feature listed in
`
`paragraphs 27-29 infringes at least one claim of U.S. Patent No. 8,418,432, and are thus an
`
`Infringing Product.
`
`37. Defendants are making, using, selling and offering for sale the Infringing Product in the
`
`United States.
`
`38. Defendants specifically intend for and instruct purchasers of the Infringing Products to
`
`use same.
`
`39. Defendants' upgrade kits convert existing stalk stompers to an Infringing Product.
`
`40. Defendants instruct purchasers to install the upgrade kits to convert stalk stompers to an
`
`Infringing Product.
`
`41.
`
`Defendants are directly infringing, contributing to the infringement, and inducing others
`
`to infringe U.S. Patent No. 8,418,432 in violation of 35 U.S.C. § 271.
`
`42.
`
`Defendants' infringement of U.S. Patent No. 8,418,432 is willful.
`
`43.
`
`Plaintiff has suffered and will continue to suffer damages in an amount yet to be
`
`determined and irreparable injury as a result of defendants' infringement of U.S. Patent No.
`
`8,418,432.
`
`
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`5
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`Case: 1:13-cv-03418 Document #: 1 Filed: 05/07/13 Page 6 of 6 PageID #:6
`
`
`
`WHEREFORE, Plaintiffs request that a judgment be entered against defendants Prime
`
`Solutions, LLC and May Wes Manufacturing:
`
`A.
`
`Declaring that defendants have infringed at least one claim of U.S. Patent No. 8,418,432;
`
`B.
`
`C.
`
`Declaring that defendants' infringement of U.S. Patent No. 8,418,432 is willful;
`
`Enjoining defendants, its officers, employees, subsidiaries, agents, attorneys and all
`
`persons in active concert with them, from any further infringement of U.S. Patent No. 8,418,432;
`
`D.
`
`E.
`
`Awarding damages, costs and interest to plaintiff under 35 U.S.C. §§ 284 and 154(d);
`
`Awarding up to treble damages upon a finding that defendants' infringement has been
`
`willful and wanton under 35 U.S.C. § 284;
`
`F.
`
`Declaring this case exceptional and awarding plaintiff its reasonable attorneys fees
`
`pursuant to 35 U.S.C. § 285; and
`
`G.
`
`Awarding plaintiff such other and further relief as this Court deems just and proper.
`
`
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`
`
`Dated: May 7, 2013
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`Respectfully submitted,
`
`
`
`
`
`
`
`By: /s/ Joseph M. Kuo
`
`Joseph M. Kuo
`
`Olson & Cepuritis, Ltd.
`
`20 North Wacker Drive, 36th Floor
`
`Chicago, IL 60606-3181
`
`Tel. (312) 580-1180
`
`Fax (312) 580-1189
`
`jkuo@olsonip.com
`
`
`
`
`Attorney for Plaintiff
`NOT DEAD YET MANUFACTURING, INC.
`
`
`
`6
`
`
`
`Case: 1:13-cv-03418 Document #: 1-1 Filed: 05/07/13 Page 1 of 1 PageID #:7
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF ILLINOIS
`EASTERN DIVISION
`
`CASE NO. 13-cv-3418
`
`JUDGE
`
`))))))))))))
`
`NOT DEAD YET MANUFACTURING,
`INC., d/b/a NDY MFG, INC.,
`
` Plaintiff,
`
` v.
`
`PRIDE SOLUTIONS, LLC and
`MAY WES MANUFACTURING,
`
` Defendants.
`
`INDEX OF EXHIBITS
`
`Exhibit
`
`Description
`
`A
`
`B
`
`NDY Manufacturing Invoice to Daryl Peterson,
`dated March 9, 2011
`
`U.S. Patent No. 8,418,432 to Shoup,
`dated April 16, 2013
`
`
`
`Case: 1:13-cv-03418 Document #: 1-2 Filed: 05/07/13 Page 1 of 2 PageID #:8
`
`Exhibit A
`
`
`
`Case: 1:13-cv-03418 Document #: 1-2 Filed: 05/07/13 Page 2 of 2 PageID #:9
`Invoice
`
`~Manufacturing
`
`4590 N. 11000 W. Road
`Bonfield, ll 60913
`' (815) 426-2330
`ndymfg@yahoo.com
`
`Bill To:
`
`Daryl Peterson
`31819- 581st Ave
`Wiinthrop, MN 55396
`
`Date
`
`Invoice#
`
`3/9/2011
`
`1246
`
`Same
`
`P.O. Number
`
`Terms
`
`Due Date
`
`Verbal
`
`Net 15
`
`3/9/2011
`
`Via
`
`UPS
`
`Bonfield
`
`Sales Order #
`
`Item#
`
`Qty
`
`Description
`
`UOM Price Ea.
`
`Amount
`
`NDY1063-SS
`
`2 Stalk Stamper
`
`219.00
`
`438.00
`
`'
`
`'
`
`WARRANTY: NDY Mfg wam!llties its products 10 be free from defects in matetal and WOflunanship for a period. not exceeding ooe yeat from date of ptJrchase. All defective parts will be replaced With a new or
`upgraded pan, free of charge. Warranty value is limited to the purchased price of the defective product. Contact your dealer whom you ptJrchased the item from or NDY Mfg for replacement of defective product
`NDY is not responsible to warranty items from: improper installatioo of product or products damaged by acciden~ misuse of produc~ lack of mantenance or any unauthorized alteration or modifications.
`
`RETURNS: If not oompletely sabsfied, contact your NDY representative within 30 days of delivery tor a refund. All Products returned must be in good condition. A refund will be issued after merchandise has
`been received. A 20% restocking fee will be charged on all returns other than shipping error or warranty. NDY is not responsible for return shipping chatges.
`
`NOY POliCY: Oescrepanaes shoud be ~Wllh 10da)'s al'll<re<:eoplolirr.oooce. I~M>~CeS are due on U 30daysfrcm dale on"'""""'! A SOMCO cllargeol2'11 permonlhWII apply 10 pas! due balances (...,age aMurrHale ol24%). A
`$25 cllarge on al NSF checl<s wil apply. CusiOmer os responsible feral COSIS onc.rred by NOY fof non-payment
`
`$438.00
`
`
`
`Case: 1:13-cv-03418 Document #: 1-3 Filed: 05/07/13 Page 1 of 9 PageID #:10
`
`Exhibit B
`
`
`
`Case: 1:13-cv-03418 Document #: 1-3 Filed: 05/07/13 Page 2 of 9 PageID #:11
`111111
`1111111111111111111111111111111111111111111111111111111111111
`US008418432B2
`
`c12) United States Patent
`Shoup
`
`(10) Patent No.:
`(45) Date of Patent:
`
`US 8,418,432 B2
`Apr. 16, 2013
`
`(54) QUICK CONNECT/DISCONNECT COUPLING
`FORA STALK STOMPER
`
`(76)
`
`Inventor: Kenneth E. Shoup, Kankakee, IL (US)
`
`( *) Notice:
`
`Subject to any disclaimer, the term of this
`patent is extended or adjusted under 35
`U.S.C. 154(b) by 35 days.
`
`(21) Appl. No.: 13/135,944
`
`(22) Filed:
`
`Jul. 19, 2011
`
`(65)
`
`Prior Publication Data
`
`US 2013/0020101 Al
`
`Jan.24,2013
`
`(51)
`
`(2006.01)
`
`Int. Cl.
`AOJD 41114
`(52) U.S. Cl.
`USPC ....................................................... 56/10.2 E
`(58) Field of Classification Search . ... ... ... ... .. . 56/1, 119,
`56/15.8, 17.4, 105, 106, 193, DIG. 3, DIG. 9,
`56/10.2 E; 403/318, 319, 322.2; 414/723
`See application file for complete search history.
`
`(56)
`
`References Cited
`
`U.S. PATENT DOCUMENTS
`3,982,384 A *
`56/106
`9/1976 Rohweder eta!.
`4,149,361 A *
`56/105
`4/1979 Pauletti eta!.
`4,890,974 A *
`111990 Kistner ......................... 414/723
`5,634,736 A *
`6/1997 Brown eta!. .............. 403/322.4
`5,685,689 A *
`1111997 Schneider eta!. ............ 414/723
`5,890,871 A *
`4/1999 Woerman ...................... 414/723
`5,915,837 A *
`6/1999 Brown eta!. ................... 37/468
`7,814,737 B2
`10/2010 Pierson
`2002/0112461 A1
`8/2002 Burk
`
`OTHER PUBLICATIONS
`
`Jul. 13, 2010 online search-Lankota Group, Inc.-Product Details;
`http:/ /www.lankota.com/product_details.aspx? LaniD-227; Corn
`Head Stalk Stompers-Shoe Kit; copyright 1998.
`
`Dec. 10,2010 online search-Planter Pro-AgFocus Official Site(cid:173)
`Home; http:/ /www.agfocus.com/; Planter Pro The Direct Planting
`System; copyright 2010.
`Aug. 13, 2010 online search-Lankota Stalk Stomper Farm and
`Ranch Guide: New Products; http:/ /www.farmandranchguide.com/
`articles/2009/06/09/new _products/new24. txt;
`Lankota
`Stalk
`Stomper; copyright 20 10.
`Jun. 21, 2011 online search-Stalk Stompers products, buy Stalk
`Stompers products from alibaba.com; http:/ /www.alibaba.com/prod(cid:173)
`uct-free/265616365/Stalk_Stompers.html; Stalk Stompers; copy(cid:173)
`right 1999-2010.
`
`(Continued)
`
`Primary Examiner- Alicia Torres
`(74) Attorney, Agent, or Firm- Olson & Cepuritis, Ltd.
`
`ABSTRACT
`(57)
`A quick connect/disconnect coupling for securing an agricul(cid:173)
`tural implement, such as a stalk stamper, to a tool bar assem(cid:173)
`bly on a tractor, without the need for any tools. The tool bar
`assembly includes a bracket having a pair of spaced-apart arm
`members. Each arm member has a recess therein, and a hole
`spaced therefrom. The recesses and the holes are generally
`transversely aligned. A pin is adapted to be received in the
`holes. The agricultural implement includes a plate member.
`Provided on the plate member are a cross bar and a retention
`stop. The cross bar is adapted to be engaged in the recesses. To
`connect the agricultural implement to the tool bar assembly,
`the cross bar is engaged in the recesses and the agricultural
`implement is pivoted so that the plate member is above the
`pair of holes and the pin can be inserted into the transversely
`aligned holes to connect the agricultural implement to the tool
`bar assembly. The pin engages the retention stop so as to
`prevent longitudinal movement of the stalk stamper with
`respect to the tool bar assembly in operation and thereby
`prevent the cross bar from disengaging from the recesses. To
`disconnect the agricultural implement from the tool bar
`assembly, the pin is removed from the transversely aligned
`holes and the cross bar is disengaged from the recesses.
`
`2 Claims, 3 Drawing Sheets
`
`
`
`Case: 1:13-cv-03418 Document #: 1-3 Filed: 05/07/13 Page 3 of 9 PageID #:12
`
`US 8,418,432 B2
`Page 2
`
`OTHER PUBLICATIONS
`
`Jun. 21, 2011 online search-May Wes Stalk Stompers for tractor tire
`stubble damage protection; http://www.maywes.com/stalk_stomp(cid:173)
`ers_tractors; Protect Tractor Tracks and Tires From Stubble Damage
`With May Wes Tractor Stalk Stompers.
`
`Jul. 13, 2010 online search-May Wes Stalk Stomper for Stubble
`Damage Protection; http:/ /www.maywes.com/stalk_stompers_
`combines; Stubble Damage Protection. May Wes Stalk Stomper.
`Level Corn Stalks Ahead of Combine Tires/Tracks.
`* cited by examiner
`
`
`
`Case: 1:13-cv-03418 Document #: 1-3 Filed: 05/07/13 Page 4 of 9 PageID #:13
`
`U.S. Patent
`
`Apr. 16, 2013
`
`Sheet 1 of 3
`
`US 8,418,432 B2
`
`FIG. I
`
`
`
`Case: 1:13-cv-03418 Document #: 1-3 Filed: 05/07/13 Page 5 of 9 PageID #:14
`
`U.S. Patent
`
`Apr. 16, 2013
`
`Sheet 2 of 3
`
`US 8,418,432 B2
`
`44
`
`12
`
`FIG.2
`
`FIG.3
`.f/
`28
`
`
`
`Case: 1:13-cv-03418 Document #: 1-3 Filed: 05/07/13 Page 6 of 9 PageID #:15
`
`U.S. Patent
`
`Apr. 16, 2013
`
`Sheet 3 of 3
`
`US 8,418,432 B2
`
`FIG.6
`
`IJ
`
`
`
`Case: 1:13-cv-03418 Document #: 1-3 Filed: 05/07/13 Page 7 of 9 PageID #:16
`
`US 8,418,432 B2
`
`1
`QUICK CONNECT/DISCONNECT COUPLING
`FOR A STALK STOMPER
`
`FIELD OF THE INVENTION
`
`The present invention pertains to a quick connect/discon(cid:173)
`nect apparatus for securing a farm implement to a tractor or
`combine and, more particularly, to a quick connect/discon(cid:173)
`nect apparatus for securing a stalk stamper to a tool bar
`assembly on the com head of a combine.
`
`BACKGROUND OF THE INVENTION
`
`Stalk stampers are used to protect the tires of combines and
`tractors against damage from com stalks, bean stubble, and
`the like, while working in the field. The stalk stamper is
`generally formed from a skid shoe or plate that is adapted to
`force the stubble to the ground before it has an opportunity to
`puncture the tire of the tractor or combine when harvesting
`crops such as com and soy beans. The skid shoe is secured to
`a bracket that is in tum affixed to the tool bar of the tractor or
`combine by a rigid connection that usually includes nut and
`bolt fasteners. This requires the use of a wrench or like tool. A
`spring is positioned between an angle plate member or upper
`plate member and the skid shoe to apply a downward pressure
`to the skid shoe to force it toward the gronnd in use. A chain
`connected between the skid shoe and the angle plate member
`maintains the spring in assembled position when the tool bar
`assembly is raised to raise the skid shoe from operating posi(cid:173)
`tion against the stubble on the ground.
`There is a need for a connection that will enable the stalk
`stamper to be easily affixed to a tool bar assembly without the
`need for tools. Thus, an object of the present invention is to
`provide a quick connect/disconnect apparatus for securing a
`stalk stamper or like implement to a tool bar assembly on a
`tractor or combine without the need for tools.
`Another object of the present invention is to provide a
`quick connect/disconnect coupling for securing a stalk
`stamper or like implement to a tool bar assembly that has a
`pair of transversely spaced-apart bracket arms containing a
`recess in each bracket arm and a hole in each bracket arm, the
`recesses and the holes being aligned transversely, with a
`transverse bar affixed to an angle plate member on the stalk
`stamper, a retention stop on the angle plate member, and a pin
`adapted to extend through the transversely aligned holes,
`whereby, to secure the stalk stamper to the tool bar assembly,
`the transverse bar is engaged in the recesses and the angle
`plate member on the stalk stamper is positioned above the
`holes in the bracket arms and the pin is inserted into the holes
`to retain the angle plate member between the pin and the tool
`bar assembly and prevent the transverse bar from moving
`longitudinally in operation and disengaging from the
`recesses.
`A further object of the present invention is to provide a
`quick connect/disconnect coupling for securing a stalk 55
`stamper or like implement to a tool bar assembly that has a
`pair of. transversely spaced-apart bracket arms containing a
`recess in each bracket arm and a hole in each bracket arm, the
`recesses and the holes being aligned transversely, with a
`transverse bar affixed to an angle plate member on the stalk 60
`stamper, a retention stop on the angle plate member and a pin
`adapted to extend through the transversely aligned holes,
`whereby, to secure the stalk stamper to the tool bar assembly,
`the transverse bar is engaged in the recesses and the angle
`plate member on the stalk stamper is positioned above the 65
`holes in the bracket arms and the pin is inserted into the holes
`to retain the angle plate member between the pin and the tool
`
`2
`bar assembly and to engage the retention stop to prevent the
`transverse bar from moving longitudinally in operation and
`disengaging from the recesses.
`Other objects and advantages of the present invention will
`be made more apparent hereinafter.
`
`SUMMARY OF THE INVENTION
`
`There has been provided by the present invention a quick
`10 connect/disconnect coupling for securing an agricultural
`implement to a tool bar assembly. The tool bar assembly
`includes a bracket having a pair of spaced-apart arm mem(cid:173)
`bers. Each arm member has a recess therein. The recesses are
`generally transversely aligned. A pair ofholes are provided in
`15 the bracket spaced longitudinally from the recesses. The pair
`ofholes are generally transversely aligned. A pin is adapted to
`be received in the holes. The implement includes a plate
`member having thereon a transverse bar or cross bar adapted
`to be received in the recesses and a retention stop. To connect
`20 the agricultural implement to the tool bar assembly, the cross
`bar is engaged in the recesses and the agricultural implement
`is pivoted so that the plate member is above the pair of holes
`and the pin can be inserted into the transversely aligned holes
`to connect the agricultural implement to the tool bar assem-
`25 bly. The pin will engage the retention stop to prevent the
`transverse bar from disengaging from the recesses in use. To
`disconnect the agricultural implement from the tool bar
`assembly, manually remove the pin from the transversely
`aligned holes and disengage the transverse bar from the
`30 recesses. The assembly/disassembly of the agricultural
`implement from the tool bar assembly is quick and easy and
`can be done manually without the need for any tools.
`The use of the novel quick connect/disconnect coupling of
`the present invention for connecting a stalk stamper to a tool
`35 bar assembly is especially advantageous. The stalk stamper is
`provided with plate member having a cross bar adapted to be
`received in the recesses in the depending arm members on the
`tool bar assembly. Retention means in the form of a retention
`stop are provided on the plate member. To connect the stalk
`40 stamper to the tool bar assembly, the cross bar is engaged in
`the recesses and the stalk stamper is pivoted so that the plate
`member is above the pair of holes and the pin can be inserted
`into the transversely aligned holes to connect the stalk
`stamper to the tool bar assembly. The pin will abut the reten-
`45 tion stop to prevent the transverse bar from disengaging from
`the recesses in use. To disconnect the stalk stamper from the
`tool bar assembly, the pin is removed from the transversely
`aligned holes and the cross bar is disengaged from the
`recesses in the depending arm members. The assembly/dis-
`50 assembly of the stalk stamper from the tool bar assembly is
`quick and easy and can be done manually without the need for
`any tools.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`There is shown in the drawing a presently preferred
`embodiment of the present invention, wherein like numerals
`in the various views refer to like elements, and wherein:
`FIG.l is a rearperspectiveview of a tractor showing a pair
`of stalk stampers affixed to a tool bar by means of the quick
`connect/disconnect apparatus of the present invention;
`FIG. 2 is a side view of a stalk stamper in elevated position
`with respect to stubble on the ground;
`FIG. 3 is a rear view of a stalk stamper in elevated position
`with respect to stubble on the ground;
`FIG. 4 is a side view of a stalk stamper in lowered position
`engaging and forcing stubble to the ground;
`
`
`
`Case: 1:13-cv-03418 Document #: 1-3 Filed: 05/07/13 Page 8 of 9 PageID #:17
`
`US 8,418,432 B2
`
`DETAILED DESCRIPTION OF THE INVENTION
`
`3
`FIG. 5 is a rear view of a stalk stamper in lowered position
`engaging and forcing stubble to the ground; and
`FIG. 6 is an exploded perspective view illustrating the
`novel quick connect/disconnect connection of a stalk stamper
`to a tool bar.
`
`4
`recesses 46 are transversely aligned and the holes 48 are
`transversely aligned. Provided on the angle plate member 26
`are retention means 27, which may be a retention block or
`retention stop. A pin 50 is adapted to be inserted into the
`5 aligned holes 48 when the stalk stamper 10 is properly posi(cid:173)
`tioned with the cross bar 29 in the recesses 46. The thickness
`of the plate member 26 is less than the spacing between the
`top of the holes 48 and the bottom of bracket 42 so that with
`There is shown in FIG. 1 of the drawing a presently pre(cid:173)
`the pin 31 in the holes 48, the plate member 26 will be secured
`ferred embodiment of the present invention wherein a stalk
`10 between the bracket 42 and the pin 31. Further, the rear of the
`stamper assembly 10 is secured to a tool bar assembly 12 on
`pin 31 will engage the retention block 27 to preclude longi(cid:173)
`a combine com head 14. The combine corn head 14 includes
`tudinal movement of the stalk stamper 10 with respect to the
`tires 16 mounted on the combine corn head 14 in conventional
`depending arms 24 to prevent the cross bar or transverse bar
`29 from disengaging from the recesses 46 in operation.
`manner.
`The stalk stamper assembly 10 includes a skid shoe 18 15
`In s=ary, to connect the stalk stamper 10 to the tool bar
`secured to a bracket 19 which has a cylindrical housing 20 at
`assembly 12, the cross bar 29 is engaged in the recesses 46
`one end. The cylindrical housing 20 has through hole for
`and the stalk stamper 10 is pivoted so that the angle plate
`receiving a pivot pin 22 for connecting an end of the skid shoe
`member 26 of the stalk stamper 10 is above the top of the pair
`bracket 19 to the spaced-apart arms 24 depending or extend(cid:173)
`ofholes 48 and the pin 31 can be inserted into the transversely
`ing downward from bracket 26.
`20 aligned holes 48 to connect the stalk stamper 10 to the tool bar
`assembly 12. The pin 31 will engage the retention stop 27 to
`A coil spring 28 is secured between a tubular projection 30
`preclude longitudinal movement of the stalk stamper 10 with
`affixed to the angle plate member 26 and a tubular projection
`32 affixed to the skid shoe bracket 19. Several coils of the
`respect to the depending arms 24 to prevent the cross bar or
`upper end of spring 28 overlap and surround the projection 30
`transverse bar 29 from disengaging from the recesses 46 in
`and are engaged thereby. Likewise, several coils of the lower
`25 use. The stalk stamper 10 can be disconnected from the tool
`end of the spring 28 overlap and surround the projection 32
`bar assembly 12 by removing the pin 31 from the transversely
`aligned holes 48 and removing the cross bar 29 from engage(cid:173)
`and are engaged thereby.
`As will be explained more fully hereinafter, a transverse
`ment with the recesses 46 in the depending arms 24. The
`bar or cross bar 29 on the upper plate member 26 will engage
`connect and disconnect of the stalk stamper from the tool bar
`recesses in the arm members 24 and a pin 31 will be inserted
`30 assembly 12 are accomplished quickly and easily without the
`into aligned holes or openings in the arm members 24 for
`necessity for tools.
`It will be apparent that the lateral spacing of the skid shoes
`connecting and retaining the stalk stamper 10 on the tool bar
`assembly 12. The pin 31 will engage retention means on the
`18 (FIG.1) can be adjusted by loosening a fastening means 44
`and sliding the associated bracket 42 on the tool bar 12 the
`plate member 26 for preventing the cross bar from disengag(cid:173)
`ing from the recesses in use. The width of the upper plate
`35 desired distance from an adjacent bracket 42 affixed to the
`member or angle plate member 26 is less than the spacing of
`tool bar 12. Fastening means 44 can then be tightened in order
`the arm members 24 so that the angle plate member 26 will fit
`to secure the associated bracket 42 in position to fix the
`between the arm members 24 in assembled relationship.
`desired width between adjacent skid shoes 18.
`Rearwardly of the spring 28 as seen in FIGS. 1 and 6 for
`Further, persons skilled in the art will recognize that the
`40 upper plate member may be an angle member or a planar
`example, there is a chain 34 connected between the angle
`member, depending upon application.
`plate member 26 and the skid shoe bracket 19 for limiting the
`expansion of the spring 28 and maintaining the spring 28 in
`While the recesses 46 have been shown in front of the holes
`48 in relation to the movement of the tractor, it will be under(cid:173)
`place on the tubular projections 30 and 32.
`stood that this arrangement can be reversed without departing
`As seen in FIGS. 1, 2 and 3, the stalk stamper assembly 10
`is in the raised position away from the stubble on the ground, 45
`from the present invention. For example, the holes 48 could
`indicated generally by the number 3 6. The spring 3 0 is urging
`be in front of the recesses 46. In such case the stalk stamper
`could be readily modified to position the cross bar on the plate
`the skid shoe 18 downwardly about the pivot pin 22 that
`connects the front end of the bracket 19 to the depending arms
`member spaced from the front thereof, rather than at the front
`24 on the tool bar assembly 12. The chain 34 retains the spring
`thereof, as shown, for example, in FIG. 6, and the function of
`30 in assembled relationship with the projections 30 and 32 50
`such modified device would essentially be the same as that of
`when the stalk stamper 10 is in inoperative position away
`the disclosed embodiment.
`While a presently preferred embodiment of the present
`from the ground.
`invention has been shown and described, it will be apparent
`In FIGS. 4 and 5 there is shown the stalk stamper assembly
`that modifications may be made without departing from the
`10 in the operative position engaging and pressing down upon
`scope of the invention as defined in the attached claims.
`the stubble 36 so as to prevent damage to the tires 16 of the 55
`tractor or combine 14. The stubble 36 tends to pivot the skid
`The invention claimed is:
`shoe 18 counterclockwise as seen in FIGS. 4 and 5 and the
`1. A quick connect/disconnect coupling for securing a stalk
`stamper to a tool bar assembly on a combine com head
`spring 30 is compressed to effectively provide a force oper(cid:173)
`ating in the opposite direction to push the skid shoe 18 against
`without the need for tools, the tool bar assembly comprising
`the stubble 36 to flatten the stubble and prevent tire damage. 60 a bracket having a pair of spaced-apart arm members depend(cid:173)
`With reference to FIG. 6, it is seen that the tool bar assem(cid:173)
`ing therefrom, each having a recess therein, the recesses being
`bly 12 includes a tool bar 40 and bracket means 42 secured
`generally transversely aligned, and a pair of holes in the
`thereto by suitable fastening means 44, for example, U-bolt
`bracket spaced from the recesses, the pair of holes being
`and nut fasteners. The spaced -apart arms 24 may be integrally
`generally transversely aligned, and a pin adapted to be
`65 re