GORDON SILVER
`John L. Krieger (Nevada Bar No. 6023)
`Joel Z. Schwarz (Nevada Bar No. 9181)
`3960 Howard Hughes Parkway, 9th Fl.
`Las Vegas, NV 89169-0961
`jkrieger@gordonsilver.com
`jzs@gordonsilver.com
`(702) 796-5555
`
`Attorneys for Raptor Mining Products Inc.
`
`
`
`
`LIONEL SAWYER & COLLINS
`Todd M. Touton (Nevada Bar No. 1744)
`300 S. Fourth Street, Suite 1700
`Las Vegas, Nevada 89101
`ttouton@lionelsawyer.com
`(702) 383-8888
`
`BAKER & HOSTETLER LLP
`Robert G. Abrams (pro hac vice)
`Gregory J. Commins, Jr. (pro hac vice)
`1050 Connecticut Ave., N.W., Suite 1100
`Washington, DC 20036
`rabrams@bakerlaw.com
`gcommins@bakerlaw.com
`(202) 861-1500
`
`Attorneys for Caterpillar Inc., Caterpillar
`Global Mining LLC, and Cashman Equipment
`Company
`
`
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`16
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`IN THE UNITED STATES DISTRICT COURT
`DISTRICT OF NEVADA
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` Plaintiff,
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`v.
`
`ESCO CORPORATION
`
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`CASHMAN EQUIPMENT COMPANY,
`CATERPILLAR GLOBAL MINING, LLC,
`CATERPILLAR INC., and RAPTOR
`MINING PRODUCTS INC.
`
`
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` Defendants.
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`Case No.: 2:14-cv-00529-RCJ-PAL
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`
`DEFENDANTS’ PRELIMINARY
`IDENTIFICATION OF
`PROPOSED CLAIM
`CONSTRUCTIONS AND
`SUPPORTING INTRINSIC AND
`EXTRINSIC EVIDENCE
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`Page 1 of 60
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`CATERPILLAR EXHIBIT 1011
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`

`

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`Pursuant to LR 16.1-14 and the First Revised Rule 26(f) Report and Agreed-To Proposed
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`Discovery Plan and Scheduling Order entered by the Court on August 26, 2014 (Dkt. No. 40),
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`Defendants Cashman Equipment Company, Caterpillar Global Mining, LLC, Caterpillar Inc., and
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`Raptor Mining Products Inc. (collectively “Defendants”) hereby provide their preliminary
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`proposed claim constructions and supporting intrinsic and extrinsic evidence for the asserted
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`claims of U.S. Patent No. 8,689,472 (“’472 patent”). The asserted claims are claims 1-20.
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`
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`Defendants provide this preliminary identification of proposed claim constructions and
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`supporting intrinsic and extrinsic evidence for the asserted claims of the patent-in-suit based on
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`their current knowledge, understanding, and belief as to the relevant facts. Defendants have not
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`yet completed their investigation, collection of information, discovery, and analysis concerning
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`this case in part due to ESCO Corporation’s (“ESCO”) failure to timely provide adequate
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`responses and documents in response to the local rules. Furthermore, ESCO’s contentions are
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`deficient for at least the reasons set forth in Defendants Non-Infringement, Invalidity, and
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`Unenforceability Contentions (served on September 8, 2014). Accordingly, Defendants reserve
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`the right to alter, modify, or amend this identification of terms as relevant information becomes
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`available.
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`Defendants reserve the right to rely on any intrinsic/extrinsic evidence identified by ESCO
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`and reserve the right to amend, correct, or supplement their claim construction positions and
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`supporting evidence at any time in response to any change of position by ESCO. Defendants
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`further reserve the right to rely on statements made by ESCO in its contentions that explicitly or
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`implicitly interpret claim language. Any reference to evidence in the tables below includes any
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`associated figures and drawings and their corresponding descriptions found in the associated
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`patent specifications or file histories.
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`Term
`
`lock
`
`Asserted
`Claims
`1-4, 6, 9-
`11, and
`14-20
`
`Construction
`
`Exemplary Citations and Support
`
`A device that is
`pivoted to secure a
`wear member to a
`base
`
`
`Intrinsic Evidence:
`See, e.g., ’472 Patent at:
`
`
` Claims 1-20
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`
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`605369725.1
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`Construction
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`Exemplary Citations and Support
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` FIGS. 1, 2, and 31 (showing
`lock in wear member) FIGS.
`12, 13, 14, and 16 (showing
`pivot member 93), 18-22
`(illustrating lock), FIGS 23-29
`(showing lock being pivoted
`between release and hold
`positions), FIGS. 30-32
`(showing lock in hold and
`release positions).
`
` Col. 3:8-25:
`In another aspect of the
`invention, the lock is swung
`about an axis that extends
`generally longitudinally for
`easy use and stability. In the
`hold position, the lock fits
`within a cavity defined in a
`sidewall of the nose, which
`avoids the conventional
`through-hole and provides
`increased nose strength.
`Moreover, the sides of the lock
`form a secure and stable
`locking arrangement without
`substantial loading of the hinge
`or latch portions of the lock. In
`addition, the lock is operable
`without a hammer for ease of
`use and enhanced safety.
`
`In another aspect of the
`invention, the lock is formed
`with a pivot support and a
`biasing member to permit not
`only pivotal movement of the
`lock between hold and release
`positions, but also a shifting
`movement to permit latching in
`the hold position and/or release
`positions. In one preferred
`embodiment of the invention,
`the lock body defines at least
`one pry slot whereby a pry tool
`can securely engage the lock to
`
`605369725.1
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`

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`Term
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`shift and pivot the lock for
`easy installation and removal.
`
` Col. 3:33-Col. 4:10 (describing
`figures cited above)
`
` Col. 9:34-40 (“In one
`construction, lock 17 fits into
`an opening in the form of
`through-hole 81 defined in
`wear member 12 and a pocket
`or cavity 83 defined in one side
`of nose 14 (FIGS. 1-2). Lock
`17 is movable between a hold
`position (FIGS. 1, 2 and 30)
`where the lock 17 holds wear
`member 12 to nose 14, and a
`release position (FIGS. 31 and
`32) where wear member 12
`can be installed on or removed
`from nose 14.”)
`
` 
`
` Col. 9:41-51 (“Through-hole
`81 has a generally rectangular
`shape with two end walls 85,
`87, front wall 89 and rear wall
`91, but could have other
`shapes. One end wall 85
`defines a pivot member 93 in
`the form of a rounded bulb
`(FIG. 16). The bulb 93 is
`preferably turned inward,
`toward nose 14, to alleviate the
`risk of wearing the bulb away.
`Bulb 93 defines an axis that
`extends generally in a
`longitudinal direction relative
`to the wear assembly and is
`structured such that loading is
`minimized during use.”)
`
` Col. 9:55-10:41:
`
`Lock 17 (FIGS. 18-22)
`includes a narrow end 103, a
`wide end 105, a front face 107,
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`Construction
`
`Exemplary Citations and Support
`
`and a rear face 109, though
`other shapes are possible.
`Narrow end 103 is formed as a
`pivot member 113, which
`preferably defines an arcuate
`recess to cooperate with bulb
`93 on end wall 85 to enable the
`lock to pivotally swing
`between hold and release
`positions. Pivot members 93,
`113 could be reversed so that
`the bulb is formed on lock 17
`and the recess on wear member
`12, or have a different
`construction that defines the
`pivot axis. Wide end 105
`includes a latch formation 115
`that cooperates with end wall
`87 to retain lock 17 in hold and
`release positions. In addition,
`although pivot member 93
`could be formed on end wall
`87 and the latch formation 115
`adapted to engage end wall 85,
`they are preferably as
`illustrated to minimize
`obstructions with adjacent
`wear assemblies during
`installation or release.
`
`In the illustrated embodiment,
`lock 17 is composed of a body
`110, a resilient member 112
`and a shield 114 all bonded or
`otherwise secured together.
`Body 110 defines latch
`formation 115 that engages end
`wall 87 and stop 95. Shield
`114 overlies resilient member
`112 to engage bulb 93.
`Resilient member 112 provides
`lock 17 with a resilient
`compressibility.
`
`Cavity 83 in nose 14 is
`preferably defined by base
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`605369725.1
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`Construction
`
`Exemplary Citations and Support
`
`walls 129, 131 collectively
`having a generally L-shaped
`configuration, a front wall 133,
`and a rear wall 135 (FIGS. 4,
`6, 7 and 8). Since cavity 83
`does not extend through nose
`14, it retains more of the nose
`strength. Base wall 129
`provides a platform against
`which lock 17 can set to
`prevent excessive insertion.
`Base wall 131 is preferably
`curved to follow the arcuate
`path of lock 17 when swung
`into the hold position.
`
`Lock 17 fits into through-hole
`81 such that pivot member 113
`bears against bulb 93 for
`pivotal movement of the lock
`between the hold position and
`the release position (FIGS. 23-
`32). To secure a wear member
`12, lock 17 is swung about
`bulb 93 to fit fully within
`cavity 83. In the preferred
`embodiment, a tool T is used
`to move the lock into the hold
`position; i.e., tool T is placed
`into a slot 132 (FIGS. 12 and
`13) in bulb 93 and used to pry
`lock 17 into the hold position
`(FIGS. 23-25). The tool is able
`to force fingers 116 past end
`wall 87 adjacent stop 95 with
`the compression of resilient
`member 112. In this position,
`fingers 116 opposes facet 66 in
`socket 16 to prevent movement
`of lock 17 away from the hold
`position. As a result, end wall
`87 operates as catch for lock
`17. A separate structure to
`operate as a catch could be
`used but is not necessary.
`While lock 17 preferably has
`
`605369725.1
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`Exemplary Citations and Support
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`two spaced apart fingers 116, a
`single finger 116 could be
`used. A recess 134 is
`preferably provided in outer
`surface 125 of wear member
`12 to accommodate the desired
`movement of tool T. However,
`other prying arrangements
`could be used.
`
` Col. 11:3-5 (“Then, the lock is
`swung to its hold position to
`secure wear member 12 to base
`15 (FIG. 30).”)
`
` Col. 11:20-32 (“Lock 17
`further includes notches 122,
`124, 126 which are provided to
`aid removal of lock 17 from
`the assembly (FIGS. 18 and
`22). Specifically, a tool T is
`used to engage notches 122,
`124, 126 (FIGS. 26-29) as
`needed to pivot lock 17 from
`the hold position to the release
`position. For example, when
`releasing lock 17, the tool is
`initially placed in notch 126
`(FIG. 26) and moved using
`stop 95 as a fulcrum to bias
`lock 17 toward bulb 93 against
`the bias of resilient member
`112 (FIG. 27) and to swing
`lock 17 outward such that
`fingers 116 swing past end
`wall 87 and set outside of the
`through-hole 81 (FIG. 28).
`Then tool T is placed
`successively within notches
`124 and 122 to swing lock 17
`to the release position. The
`successive notches are for
`better leverage and ease of
`use”)
`
` See also, e.g., Abstract, Col.
`
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`605369725.1
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`Asserted
`Claims
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`Construction
`
`Exemplary Citations and Support
`
`2:56-Col. 3:7; Col. 4:51-52;
`Col. 8:39-52; Col. 10:42-54;
`Col. 10:55-11:19; Col. 11:33-
`41; Col. 9:62-65.
`
`
`See, e.g., ’621 Patent Prosecution
`History:
`
`
` Prosecution History Amend,
`Oct. 3, 2011, p. 9 (“stating that
`the “pivot axis” of the claimed
`invention “extends in a
`direction generally parallel to
`the receipt of the base in the
`socket” and distinguishing the
`prior art because “the lugs 84
`[of the prior art] are rotated in
`holes 36a about a central axis.
`This rotation extends laterally
`relative to the tooth assembly
`and in in general perpendicular
`to the receipt of nose 24a into
`socket 34a.”);
`
` Prosecution History Amend,
`Oct. 3, 2011, p. 8 (“a pin
`assembly 16a and a pair of
`plugs 84. The pin assembly in
`[sic] installed in a hole 26a in
`nose 24a, the plugs 84 are
`installed in holes 36a in the
`wear member. This is not a
`construction where the lock is
`integrally secured to the wear
`member. One part of the lock
`is installed in the base and the
`other part of the lock is
`installed in the wear
`member.’);
`
` Prosecution History Amend,
`Oct. 3, 2011, p. 9 (“[i]t appears
`that plugs [of the prior art
`reference] are slide into the
`holes and would slide out of
`the holes if the tooth point
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`605369725.1
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`[wear member] is not held
`generally in its installation
`position,” and arguing that the
`prior art therefore “does not
`provide the benefits of the
`present invention.”);
`
` Prosecution History Amend,
`Oct. 3, 2011, p. 9 (“plugs 84
`are received in holes 36a of
`tooth point 14a to contact the
`ends of the pin assembly 16a.
`Plugs 84 do not engage the
`base.
`
`See, also ’472 Patent Prosecution
`History: Office Action dated March
`28, 2013, Office Action dated
`September 11, 2013, Amendment
`dated October 10, 2013 and Notice of
`Allowance dated November 26, 2013.
`
`Extrinsic Evidence:
`Merriam-Webster’s Collegiate
`Dictionary, 11th Ed. 2003 at 945
`(1pivot: 1: a shaft or pin on which
`something turns; 2pivot: turning as if
`on a pivot 3 pivot to turn on or as if on
`a pivot 1: to provide with, mount on,
`or attach by a pivot,”);
`
`McGraw Hill Dictionary of Scientific
`and Technical Terms, 6th Ed. 2003 at
`1606 (pivot: A short pointed shaft
`forming the center and fulcrum on
`which something turns, balances or
`oscillates.”);
`
`Testimony of expert witnesses in
`support of Defendants’ claim
`construction or in rebuttal to Plaintiffs’
`evidence.
`
`Intrinsic Evidence:
`See, e .g., ’472 patent at:
` Claims 1, 6, 10, 14, 15;
`
`lock opening
`
`1, 6, 10,
`14, and
`15
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`a hole through the
`wear member
`through which a
`
`605369725.1
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`lock is inserted and
`which connects to
`the cavity
`
`
`
` FIGS 1, 2, 12-17, and 23-32
`(showing through hole 81 socket
`16 and lock 17 inserted through
`through-hole);
`
` Col. 2:56-Col. 3:7:
`
`
`
`In one other aspect of the
`invention, the lock is integrally
`secured to the wear member
`for shipping and storage as a
`single integral component. The
`lock is maintained within the
`lock opening irrespective of
`the insertion of the nose into
`the cavity, which results in less
`shipping costs, reduced storage
`needs, and less inventory
`concerns.
`
`In another aspect of the
`invention, the lock is
`releasably securable in the lock
`opening in the wear member in
`both hold and release positions
`to reduce the risk of dropping
`or losing the lock during
`installation. Such an assembly
`involves fewer independent
`components and an easier
`installation procedure.
`
`In a further aspect of the
`invention, the lock and wear
`member can be maintained as a
`single integral component
`through shipping, storage,
`installation and use through an
`easily movable system without
`reliance on threaded members.
`This arrangement enables
`improved part management
`and easier installation of the
`wear member with less risk of
`losing the lock.
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`605369725.1
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`
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`
`
` Col. 7:57-64 (“Wear member 12
`includes a bit 28 with a front
`digging edge 44 and a mounting
`end 46 with a rearwardly-opening
`socket 16 (FIGS. 1-3 and 12-17).
`Socket 16 is preferably formed to
`matingly receive nose 14,
`although differences between the
`nose and socket could exist.
`Accordingly, socket 16 preferably
`includes a generally triangular-
`shaped stabilizing front end 48
`having a lower stabilizing surface
`52 and a pair of upper stabilizing
`surfaces 54 (FIG. 14).”);
`
`
`
` Col. 9:34-59:
`In one construction, lock 17
`fits into an opening in the form
`of through-hole 81 defined in
`wear member 12 and a pocket
`or cavity 83 defined in one side
`of nose 14 (FIGS. 1-2). Lock
`17 is movable between a hold
`position (FIGS. 1, 2 and 30)
`where the lock 17 holds wear
`member 12 to nose 14, and a
`release position (FIGS. 31 and
`32) where wear member 12
`can be installed on or removed
`from nose 14.
`
`Through-hole 81 preferably
`extends through a side facet 66
`(FIGS. 1, 2 and 12-16), but
`could be formed in other parts
`of the wear member. Through-
`hole 81 has a generally
`rectangular shape with two end
`walls 85, 87, front wall 89 and
`rear wall 91, but could have
`other shapes. One end wall 85
`defines a pivot member 93 in
`the form of a rounded bulb
`(FIG. 16). The bulb 93 is
`
`605369725.1
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`
`preferably turned inward,
`toward nose 14, to alleviate the
`risk of wearing the bulb away.
`Bulb 93 defines an axis that
`extends generally in a
`longitudinal direction relative
`to the wear assembly and is
`structured such that loading is
`minimized during use. The
`opposite end wall 87 defines a
`stop 95 in the form of a
`projection extending generally
`toward end wall 85. Rear wall
`91 preferably includes an
`expanded portion 91 a that
`extends into socket 16 to
`provide a larger bearing face
`for the lock and to move the
`bearing moment inward to
`reduce the tendency of the
`wear member 12 to cant on
`base 15 due to the lock
`securing only one side. Nose
`14 includes recess 94 to
`accommodate the presence of
`the inward extension of rear
`wall 91.
`
` Col. 10:23-26 (“Lock 17 fits into
`through-hole 81 such that pivot
`member 113 bears against bulb 93
`for pivotal movement of the lock
`between the hold position and the
`release position (FIGS. 23-32).”);
`
`
`
` Col. 10:55-col. 11:41:
`Lock 17 further includes a
`recess 120 along wide end 105.
`Notch 120 receives stop 95 to
`hold lock 17 in its release
`position (FIGS. 23, 31 and 32);
`resilient member 112
`releasably holds the lock in
`this position. A protrusion 120
`a preferably extends outward
`at the distal end of recess 120
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`605369725.1
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`to prevent lock 17 from
`moving out of through-hole 81.
`In the preferred construction,
`lock 17 never needs to be
`removed from through-hole 81
`in wear member 12. Lock 17 is
`installed into wear member 12
`(in the release position) at the
`time of manufacture and
`shipped to a customer (FIG. 30
`a). The customer stores the
`wear member with the lock in
`it until needed for use. A
`depression 130 is preferably
`provided in nose 14 to
`accommodate passage of lock
`17 in its release position during
`installation of the combined
`wear member and lock (FIGS.
`4 and 7). A relief 130 a is also
`preferable provided to permit
`passage of bulb 93 during
`installation of point. Then, the
`lock is swung to its hold
`position to secure wear
`member 12 to base 15 (FIG.
`30). This arrangement reduces
`shipping and storage costs,
`virtually eliminates losing the
`locks in storage or at the
`installation site in the field, and
`eases the installation process.
`Nevertheless, lock 17 could be
`completely removed from wear
`member 12 if desired for
`shipping, storage, replacement,
`installation and/or removal.
`
`As noted above, lock 17 is
`placed in the hold position to
`secure wear member 12 to base
`15. Lock 17 is preferably
`shipped and/or stored in
`combination with wear
`member 12 in the release
`position without base 15. Lock
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`17 could be structured to store
`and/or ship in the hold position
`or some rearward position if
`desired. Lock 17 preferably
`includes abutments 128 that
`prevent lock 17 from falling
`through through-hole 81 and
`into socket 16 when nose 14 is
`absent.
`
`Lock 17 further includes
`notches 122, 124, 126 which
`are provided to aid removal of
`lock 17 from the assembly
`(FIGS. 18 and 22).
`Specifically, a tool T is used to
`engage notches 122, 124, 126
`(FIGS. 26-29) as needed to
`pivot lock 17 from the hold
`position to the release position.
`For example, when releasing
`lock 17, the tool is initially
`placed in notch 126 (FIG. 26)
`and moved using stop 95 as a
`fulcrum to bias lock 17 toward
`bulb 93 against the bias of
`resilient member 112 (FIG. 27)
`and to swing lock 17 outward
`such that fingers 116 swing
`past end wall 87 and set
`outside of the through-hole 81
`(FIG. 28). Then tool T is
`placed successively within
`notches 124 and 122 to swing
`lock 17 to the release position.
`The successive notches are for
`better leverage and ease of use.
`
`In one construction, front and
`rear faces 107, 109 of lock 17
`are generally parallel to the
`opposed front and rear walls
`133, 135 of pocket 83. In this
`way, a firm engagement can be
`had between the lock and the
`pocket. Nevertheless, in an
`
`605369725.1
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`alternative construction, faces
`107 and 109 of lock 17
`converge toward inner side 149
`to engage similarly converging
`walls 133, 135 of pocket 83. In
`this way, the lock can be more
`easily inserted and removed
`from pocket 83 as the walls do
`not engage until fully
`positioned.
`
`See, also ’472 Patent Prosecution
`History: Office Action dated March
`28, 2013, Office Action dated
`September 11, 2013, Amendment
`dated October 10, 2013 and Notice of
`Allowance dated November 26, 2013.
`
`Extrinsic Evidence:
`Testimony of expert witnesses in
`support of Defendants’ claim
`construction or in rebuttal to Plaintiffs’
`evidence.
`
`Intrinsic Evidence:
`See, e.g., ’472 patent at:
`
`
` Claims 1, 3-5, 7-9, 11-20;
`
`
`
`
`
` FIGS 1-3, 4,6-9 (showing
`cavity 83), FIGS 23-30, 32
`(showing lock in cavity (83) in
`hold position, and out of cavity
`in release position));
`
` Col. 3:8-16 (“In another aspect
`of the invention, the lock is
`swung about an axis that
`extends generally
`longitudinally for easy use and
`stability. In the hold position,
`the lock fits within a cavity
`defined in a sidewall of the
`nose, which avoids the
`conventional through-hole and
`provides increased nose
`
`hold position
`
`1, 3-5, 7-
`9, and
`11-20
`
`position in which at
`least a portion of the
`lock enters a cavity
`in the base to firmly
`fasten the wear
`member to the base
`
`605369725.1
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`strength. Moreover, the sides
`of the lock form a secure and
`stable locking arrangement
`without substantial loading of
`the hinge or latch portions of
`the lock. In addition, the lock
`is operable without a hammer
`for ease of use and enhanced
`safety.”)
`
` Col 8:39-46 (“Since these
`converging walls are axially
`inclined to the longitudinal
`axis, their abutment with each
`other urges the point in a
`forward direction, which must
`be resisted by the lock.
`Accordingly, in such known
`constructions, a larger lock is
`needed to hold the point to the
`nose. A larger lock, in turn,
`requires larger openings in the
`nose and point, thus, reducing
`the overall strength of the
`assembly.”);
`
` Col.9:34-40 (“In one
`construction, lock 17 fits into
`an opening in the form of
`through-hole 81 defined in
`wear member 12 and a pocket
`or cavity 83 defined in one side
`of nose 14 (FIGS. 1-2). Lock
`17 is movable between a hold
`position (FIGS. 1, 2 and 30)
`where the lock 17 holds wear
`member 12 to nose 14, and a
`release position (FIGS. 31 and
`32) where wear member 12
`can be installed on or removed
`from nose 14.”)
`
` 
`
` Col 10:23-54:
`
`Lock 17 fits into through-hole
`
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`81 such that pivot member 113
`bears against bulb 93 for
`pivotal movement of the lock
`between the hold position and
`the release position (FIGS. 23-
`32). To secure a wear member
`12, lock 17 is swung about
`bulb 93 to fit fully within
`cavity 83. In the preferred
`embodiment, a tool T is used
`to move the lock into the hold
`position; i.e., tool T is placed
`into a slot 132 (FIGS. 12 and
`13) in bulb 93 and used to pry
`lock 17 into the hold position
`(FIGS. 23-25). The tool is able
`to force fingers 116 past end
`wall 87 adjacent stop 95 with
`the compression of resilient
`member 112. In this position,
`fingers 116 opposes facet 66 in
`socket 16 to prevent movement
`of lock 17 away from the hold
`position. As a result, end wall
`87 operates as catch for lock
`17. A separate structure to
`operate as a catch could be
`used but is not necessary.
`While lock 17 preferably has
`two spaced apart fingers 116, a
`single finger 116 could be
`used. A recess 134 is
`preferably provided in outer
`surface 125 of wear member
`12 to accommodate the desired
`movement of tool T. However,
`other prying arrangements
`could be used.
`
`In the hold position, front face
`107 of lock 17 opposes front
`wall 133 of cavity 83, and rear
`face 108 of lock 17 opposes
`rear wall 91 of through-hole
`81. In this way, wear member
`12 is securely held to base 15.
`
`605369725.1
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`In the illustrated embodiment,
`latch formation 115 includes
`fingers 116 that set behind
`facet 66 to prevent release of
`the lock from the assembly;
`resilient member 112 biases
`finger 116 behind facet 66
`after insertion of lock 17
`(although lock 17 is preferably
`not tight against end wall 87).
`In this position, the outer face
`123 of lock 17 is generally
`aligned with or slightly
`recessed relative to the outer
`surface 125 of wear member
`12 (FIG. 30). In this way, the
`lock is partially protected from
`wearing and forms no
`obstruction to the flow of
`earthen material into the
`bucket.
`
`
`
` Col. 11:3-5 (“Then, lock is
`swing into its hold position to
`secure wear member to base 15
`(Fig. 30)”);
`
` Col. 11:20-33 (“Lock 17
`further includes notches 122,
`124, 126 which are provided to
`aid removal of lock 17 from
`the assembly (FIGS. 18 and
`22). Specifically, a tool T is
`used to engage notches 122,
`124, 126 (FIGS. 26-29) as
`needed to pivot lock 17 from
`the hold position to the release
`position. For example, when
`releasing lock 17, the tool is
`initially placed in notch 126
`(FIG. 26) and moved using
`stop 95 as a fulcrum to bias
`lock 17 toward bulb 93 against
`the bias of resilient member
`112 (FIG. 27) and to swing
`lock 17 outward such that
`
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`fingers 116 swing past end
`wall 87 and set outside of the
`through-hole 81 (FIG. 28).
`Then tool T is placed
`successively within notches
`124 and 122 to swing lock 17
`to the release position. The
`successive notches are for
`better leverage and ease of
`use.”);
`
`
`
` See also, e.g., Col. 9:41-Col.
`10:8.
`
` See also, e.g., ’621 Prosecution
`History Amend, Oct. 3, 2011,
`p. 8-9.
`
`
`See, also ’472 Patent Prosecution
`History: Office Action dated March
`28, 2013, Office Action dated
`September 11, 2013, Amendment
`dated October 10, 2013 and Notice of
`Allowance dated November 26, 2013.
`
`Extrinsic Evidence:
`Testimony of expert witnesses in
`support of Defendants’ claim
`construction or in rebuttal to Plaintiffs’
`evidence.
`
`The American Heritage College
`Dictionary, 4th Ed. 2002 at 1254
`(“secure: firmly fastened: a secure
`lock”).
`
`Intrinsic Evidence:
`See, e.g., ’472 patent at:
`
`
` Claims 2, 5, 6, 10, 14, 15;
`
` FIGS 18-31 (resilient member
`112 of lock)
`
`
`
` Col. 10:9-14:
`
`
`resilient member
`
`2, 5, 6,
`10, 14,
`15, and
`19
`
`part of the body that
`returns to its
`original shape after
`being deformed
`
`605369725.1
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`Exemplary Citations and Support
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`In the illustrated embodiment,
`lock 17 is composed of a body
`110, a resilient member 112
`and a shield 114 all bonded or
`otherwise secured together.
`Body 110 defines latch
`formation 115 that engages end
`wall 87 and stop 95. Shield
`114 overlies resilient member
`112 to engage bulb 93.
`Resilient member 112 provides
`lock 17 with a resilient
`compressibility.
`
` Col. 10:31-33:
`
`The tool is able to force fingers
`116 past end wall 87 adjacent
`stop 95 with the compression
`of resilient member 112. In this
`position, fingers 116 opposes
`facet 66 in socket 16 to prevent
`movement of lock 17 away
`from the hold position.
`
` Col. 10:42-50:
`
`In the hold position, front face
`107 of lock 17 opposes front
`wall 133 of cavity 83, and rear
`face 108 of lock 17 opposes
`rear wall 91 of through-hole
`81. In this way, wear member
`12 is securely held to base 15.
`In the illustrated embodiment,
`latch formation 115 includes
`fingers 116 that set behind
`facet 66 to prevent release of
`the lock from the assembly;
`resilient member 112 biases
`finger 116 behind facet 66
`after insertion of lock 17
`(although lock 17 is preferably
`not tight against end wall 87).
`
` Col. 10:55-58:
`
`
`
`
`
`
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`
`Lock 17 further includes a
`recess 120 along wide end 105.
`Notch 120 receives stop 95 to
`hold lock 17 in its release
`position (FIGS. 23, 31 and 32);
`resilient member 112
`releasably holds the lock in
`this position.
`
` Col. 11:20-30:
`
`Lock 17 further includes
`notches 122, 124, 126 which
`are provided to aid removal of
`lock 17 from the assembly
`(FIGS. 18 and 22).
`Specifically, a tool T is used to
`engage notches 122, 124, 126
`(FIGS. 26-29) as needed to
`pivot lock 17 from the hold
`position to the release position.
`For example, when releasing
`lock 17, the tool is initially
`placed in notch 126 (FIG. 26)
`and moved using stop 95 as a
`fulcrum to bias lock 17 toward
`bulb 93 against the bias of
`resilient member 112 (FIG. 27)
`and to swing lock 17 outward
`such that fingers 116 swing
`past end wall 87 and set
`outside of the through-hole 81
`(FIG. 28).
`
`
`Extrinsic Evidence:
`American Heritage College Dictionary,
`4th Ed. 2002 at 1183 (“resilient: capable
`of returning to an original shape or
`position, as after having been
`compressed”);
`
`Random House Webster’s College
`Dictionary, 2000 at 1