Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 1 of 28

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS

MAINE INDUSTRIAL TIRE, LLC, Plaintiff:

v.

Civil Action No.

T.Y. CUSHION TIRE, LLC, Defendant JURY TRIAL DEMANDED

COMPLAINT FOR PATENT INFRINGEMENT 1. This is an action for patent infringement by the plaintiff, Maine Industrial Tire,

LLC ("Maine Tire"), against the defendant, T.Y. Cushion Tire, LLC C'Ty Cushion"), pursuant to Title 35 of the United States Code. PARTIES 2. Maine Tire is a Delaware limited liability company with a principal place of

business at 107 Audubon Road, Wakefield, Massachusetts 01880. Maine Tire is engaged in the business of designing, manufacturing and selling agricultural, industrial and earthmoving tires, equipment and related products. 3. Ty Cushion is, upon information and belief, a California limited liability company

with a principal place of business at 2275 E. Francis Street, Ontario, California 91761. Upon information and belief, Ty Cushion is engaged in the business of designing, manufacturing, marketing and selling of industrial solid tires and related equipment.

Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 2 of 28

JURISDICTION AND VENUE 4. This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C.

1331 and 1338(a) as this action arises under the patent laws of the United States, Title 35 of the United States Code. 5. Venue is proper in this judicial district under 28 U.S.C. 1400(b) as Ty Cushion

has, upon information and belief; transacted business and committed acts of infringement in this district, and this action arises from the transaction of that business and that infringement, and as Ty Cushion has, upon information and belief, regular and established places of business in this district through its multiple distributors in the Commonwealth of Massachusetts, including those located at the following addresses: #2 Summit Industrial Park, Peabody, Massachusetts 01960; 10 First Street, Bridgewater, Massachusetts 02324; 511 Washington Street, Auburn, Massachusetts 0 ISO I; and 59 Kelso Avenue, Springfield, Massachusetts 0 I 089. MAINE TIRE'S PATENTS 6. Maine Tire is the owner by assignment of United States Patent No. 7,571,942 B2

(the "942 patent"), entitled "Universal Floor and Bucket Protection Devices, Systems and Methods," which duly and legally issued on August 11,2009. '942 patent is attached hereto as Exhibit A. CLAIM FOR PATENT INFRINGEMENT 7. Maine Tire realleges and incorporates by reference paragraph 1 through 6, as if A true and correct copy of the

fully set forth herein. 8. Upon information and belief, Ty Cushion is infringing and has infringed and/or

induced infringement of and/or contributed to the infringement of the '942 patent, including

Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 3 of 28

without limitation by making, using, offering for sale, supplying, and/or selling a device termed "Ty Rubber Cutting Edge" or, alternatively, the "Cutting Edge." 9. According to Ty Cushion's website. the Ty Rubber Cutting Edge is a "wedge of

solid rubber that attaches to the bottom of the loader bucket and acts like a giant squeegee as you move it along the tipping floor." 10. Upon information and belief: Ty Cushion's infringement has been and continues

to be willful and deliberate. 11. Maine Tire has plainly marked its patented products with the phrase "U.S. Patent"

and '942 patent number. 12. damages. ])RA YER FOR RELIEF WHEREFORE, Maine Tire respectfully requests that the Court grant the following relief: (1) Adjudge that Maine Tire is the owner of the '942 patent and all rights of recovery As a result of Ty Cushion's infringement, Maine Tire has suffered substantial

thereunder, and that the '942 patent is good and valid in law and enforceable; (2) Adjudge that Ty Cushion has infringed and will continue to infringe the '942

patent, and that such infringement has been willful and deliberate; (3) Award Maine Tire compensatory damages caused by Ty Cushion's infringement.

plus pre-judgment and post-judgment interest accrued on such amounts as provided by law; (4) (5) Treble the damages assessed against Ty Cushion pursuant to 35 U.S.c. 184; Award Maine Tire its costs and expenses of this litigation, including reasonable

attorney's fees and disbursements, pursuant to 35 U.S.c. 285; and (6) Award Maine Tire such further relief as the Court deems just and proper.

Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 4 of 28

THE PLAINTIFF DEMANDS A JURY TRIAL ON ALL ISSUES SO TRIABLE.

MAINE INDUSTRIAL TIRE, LLC. By its attorneys,

/s/ Mark D. Meredith Mark D. Meredith (BBO No. 632864) Hinckley, Allen & Snyder LLP 28 State Street Boston, MA 02109 Telephone: (617) 345-9000 Facsimile: (617) 345-9020 mmeredith@haslaw.com

Dated: June 8, 2012

CERTIFICATE OF SERVICE I hereby certify that a true copy of this document filed through the ECF system will be sent electronically by the ECF system to the registered participants as identified on the Notice of Electronic Filing (NEF) and paper copies will be sent to those indicated as non-registered participants on June 8, 2012.

/s/ Mark D. Meredith Mark D. Meredith

50734424 (63646-14M387)

Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 5 of 28

Exhibit A

Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 6 of 28

111111111111111111111111111111111111111111111111111111111111111111111111111
US007571942B2

(12)

United States Patent

Shapiro et al.
t:NIVERSAL FLOOR.~'OD BUCKET I'ROTECTlO'O DEVICES, SYSTE~1S, A'OD ~IETIIODS
Inventors: Edward Shapiro, lOR Cocksficld Avenue, Toronto, Ontario (CA) M3H 3T2; Craig Kack, 38 Bower Street, Acton. Town ofIlaltnn IIilis, Ontario (CA) L7J !li2 Subject to any disclaimer. U.S.c. the term of this

(10)

(45)

Patent No.: Date of Patent:

US 7,571,942 B2
Aug. 11, 2009
2S0/S~l 2S0 851 280'851 Mcr iutre 296, ISO 1 'vltwa Bowen ct al . , ......... 293 15 291/1') Bowen et al ................. 29611801 I annm ct al .. 293 118 Schuster ~fc(, rmack o .29}'128 293, 120 ChcJJY Mansoor et al .... 291 120 .......... 296 180 1 HOlM
:-..100IC ct

(54)

(76)

( .. )

Nonce:

3.778.086 A 12'1973 3.788,668 A 1'1974 3,799.5S0 A 3 J9"74 4,9') J ,994 A R 1990 5,462,324 A 10 1995 "5,71"5,"560 A 411998 6,079,769 A 62000 6,089,628 72000 A 6,279,974 81 8,2001 7,2002 6,416,094 Bl' B2 .. 102002 6,460,909 6,S74,S42 HZ42005

Pergcr

ill ............ .................

patent is extended or adjusted under 35

154(b) by 348 days. (21) (22) (65) Appl. No. Filed, 111322,466 Dec. 30, 2005 Prior Publication Data

OHlER

PU13L1CATIONS

US 200610145489 Al

JuI. 6, 2006
Data

Schuyler Rubber Co. woodinville. W,'\.. Product Information Sheet for Rubber Curung Ldge. l arge Whee! J oaders, Pushing Operations, Model vl l B [onlme]. Retrieved nom the Internet http ,www schuylerrubber com-cutungedgc mcdellt pdf. Nov. 4. 200~ Schuyler Rubber Co , Woodinville, WA, Product Information Sheet fOI Rubber Cutting Edge, large Wheel Loaders, Puvlung Scooping Operations, Modcl911R [onlme]. Rctncvcd from the Internet http" www schuylenubher com.cutungedge-mcdelk pdf, Nov 4.2005

Related U.S. Application

(Continued)
Primary Examiner II Gutman (74)Attorn~l~ Agent or f)rm-- Woodard. Emhardt, Monany, McNctt & I Ienry Ll .P (57) 293138

(60) Previsional application No 60/641.056, filed on Jan. 3.2005.

(51) (52)

Int.CI.
19106 (2006.01) U.S. ci Field of Classlftcatlon Search. B6lF See application

ABSTRACT

(58)

293/38,

293/104.112,120.121,155 me for complete search history. References Cited

For a floor clearing bucket, blade or other component of a machine. a guard including a rigid attachment device and elastomcric wear pad assembly has a bolt or stud fastener mounted sideways to facilitate spacing fasteners to match

(56)

U.S. PATENT OOCU'>!ENTS

3.726,544 A" 4 1973 Mllier . 2S0'1)"51

pre-existing. guard-mounting holes in the component for euachmg the guard to the component.
29 Claims, 14 Drawing Sheets

Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 7 of 28

US 7,571,942 B2
2
(Jj HhR PUBI ICArJO!'lS Schuyler Rubber Co . Woodmvtlle. WA, Product lnformanon Sheet Rubber Cutung Ldge, Skrdsteers and Small I ceders-Backhoes, Model 91 IS [cnhne], Retrieved from rhc Internet. http- \\/\VW schuylcrrubbcr com cunmgcogc-modcts pdf, Nov 4,2005.
fOI

Schuyler Rubber Co .. Woodinville, \VA, Product Informauon Shed for Rubber Cutung Edge, Mid-SIze Wheel loaders Backhoes. Scooping Operanons. Model 911 I [onhne], Retneved from the Internet hrtp-, ,\~WW schuylerrubber com'cuttingedge'model'F pdf

able Channel, Dengn Specrflcatrons. Retrieved from the Internet: http v.www schuylerrubber com-scrapers hrml. Jun 18,2003 Schuyler Rubber Company: Innovative products from scrap tires, Xews Lmk, hu!2003, 2 pages http r.mm I .wastenews com-producrarc Z htrnlvpcat Buckets, 2 pages dated 'vov 11,200') http "news thomasnet com-Iullsrory.Js-t-tl , 1 pages dated 'cov II,

200,
http Nov http dated
>(I

Kav 4,2005.
Schuyler Rubber Co. Woodmville. W"\, Product Information Shed f01 Schuyler Rubber Bucket Scraper WI1h EIL~Y Shde 1-1 rack Adjust-

,v.,r\vw schuylenubber 11,2005, "www schuylcrrubbcr K()v 11. 200~

com-scrapers com-new

pies html, 8 pages dated scraper html. 3 pug",..,

press

cited by examiner

Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 8 of 28

u.s. Patent

Aug. 11,2009

Sheet I of 14

US 7,571,942 B2

Fig. 1

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u.s. Patent

Aug. 11,2009

Sheet 2 of 14

US 7,571,942 B2

Fig. 2

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u.s. Patent

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Sheet 3 of 14

US 7,571,942 B2

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Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 11 of 28

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Aug. 11,2009

Sheet 4 of 14

US 7,571,942 B2

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Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 12 of 28

us 7,571,942
U.S. Patent
Aug. \1,2009 Sbeet 5 of 14

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Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 13 of 28

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Aug. 11,2009

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US 7,571,942 B2

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Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 14 of 28

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Aug. 11,2009

Sheet 7 of 14

US 7,571,942 B2

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Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 15 of 28

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Aug. 11. 2009

Sheet 8 of14

US 7,571,942 B2

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u.s. Patent

Aug. 11, 2009

Sheet 9 of14

US 7,571,942 B2

225.2

224

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Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 17 of 28

u.s. Patent

Aug. 11, 2009

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US 7,571,942 B2

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Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 18 of 28

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Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 19 of 28

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Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 20 of 28

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Aug. ll, 2009

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Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 21 of 28

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Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 22 of 28

US 7,571,942 B2
1
U~IVI:RSAL FLOOR AND BUCKET PROTECTION DEVICES, SYSTEMS, A~D \IETIIODS
REFERENCE TO RELATED ,\PPUCArIONS
5

2
Another aspect concerns the rigid member has opposing ends separated by the second length. the slot being open at one of the ends wherein the rcsihcnr member ccmpnscs an clastomcric material that is bonded to the ngid member. Yet another aspect of the current invention the rigid member is an extrusion. According to yet another aspect of some embodiments of the prL"SL"'l11 invention, there IS an apparatus for protecting .:l bottom surface of a front loader. Another embodiment comprises an elasromeric member having a first length substantially greater than its width. Yet another embodiment ofthe present invention includes a supporting: member having a front, a rear, a top surface, a bottom surface. and a second length about the same as the first length. the bottom surface having a shape that is generally complementary to the shape of the top surface of the clastomeric member. the top surface defining a slot oriented along the length of the supporting member, the distance from the top surface of the supporting member to the bottom surface of the supporting member being nonconstant 1'1"('m front to rear According: to another embodiment of the present invention, the bottom of the supporting member is attached to the top of the clastomeric member. These and other aspects of various embodunems of the present invention WIll be apparent from the text, drawings. and claims 10 follow. BRIEl; Di'.SCRJPTION
1U

'lhis application claims the benefit of U,S. Provisional

Application No. 60/641.056, filed Jan. 3, 2005, which is incorporated by reference herein in its entirety,
10

BACKGROUND This invention generally relates to devices for protecting a floor or surface and a bucket or scoop from costly wear and/or damage during material handlmg cpcrauons More partIcu- 15

larly, this invention relates to improvement of protective

guard application to material handling equipment. In material handling operations, heavy equipment and other vehicles equipped with plows, buckets, or scoops (components) an; used to put-h. pull. or pick up various types of material, debris, and/or liquids. When undertaking these material-handling operations, the component routinely contacts the surface on which the material, debris and/or liquid resides TIllS routine contact causes damage to both the surface, which typically is concrete. and the component, which typically is made from carbon steel. The damage caused to the concrete and component is expensive to repair. In order to mitigate the damage imparted to the concrete or other type of surface, and the component, others have attached wear guards to the component at the place where the component contacts the surface. These \\ car guards have been made from various materials. such as metal. used tire carcusses. and solid rubber. These wear guards arc typically attached to the component using bolt" mounted at fixed lccations on the wear guard. In order to install these typical wear guard~, th..: component owner must obtain a \\-ear g.uard 1mving a bolt pattern prL"Cise1ymatchmg the component's preexisting bolt hole pattern, or drill holes in the component which correspond to the bolt patkrn of n wear guard. Yet nnother problem is that some wear gl1ards are positioned on some vehicles such that the front of the wear guard i~ subject to impact damage. Usage of such wear guards resulls III frontal damage Ihat pull" the v.car guard am of contact with the floor. weakens the bond between the cont3cting portion of thc guard and the more rigid supporting portion. or other prohlems Thl" damage to the front lip and the possible loss ofadhcslon oftheelastomeric element results in improper scraping and the need to prematurely r'>--placethe \.Ycarguard. Some embodiments of1he present invention address these and other problcms in novel and unobviollS \.Ynys.

21)

25

(W TJ IE DR.\WINGS

FlO.! is a pictorial view ofn frontal portion of'n front-end loader machine with a guard assembly on the machine bucket according to one embodiment of the present invcnuon. 1'1(+.2is a pictorial view ofa front-end loader bucket guard 35 assembly according to one embodiment of the present invention provided in modules accordmg to one embodiment of'thc pre::;ellllllVentlon. FIG. 3 Ii. an end view ofa guard accord1I1g 10 one embodiment of the prcscnt invel1lion attached to a bucket bottom shown fragmentnrily. 4(1 FIG.4 IS a perspectivc vicw of two modules according to one embodiment ofthe present invention. including fasteners spaced differently from FIG. 6, and with interval spElccrs between fasteners. 45 FIG. 5 is a perspective viL,\v of a portion of the guard Elssc1l1blyof FIG. 1. and including fasteners. fIG. 6 is an exploded end view of a gl13rd assembly accprding 10 one embodiment of the present invention. FIG. 7 i~ exploded vicv.' ora lastenerpiatc anda separate an 50 fastencr according to one embodiment of the present invention. F1G.8 is nn exploded view ofa fastener plate and a separate fastcner according to one embodiment of the present Jl1venSUMMARY OF TIlE INVENTION tion. FIG.9 is t:lncxploded \iL,\v ofa fas\{.'nerpJate and a scparal<: According to one aspect of the present invention, there is nn fastener according 10 onc embodiment of the present inven nppnratus fix protecting the bottom of n bucket scraper. lion. Another nspect coneem~ a re~ilient member having a first FIG. 10 is llil end viL'\\' of a guard assembly according to length substantially greater than liS \\idth, The rcsllient mcmone embodiment oftlle prcsent imenlion ber bavingEl top surface which is at least partially concave. Yet 60 FIG. 11 is all end view of a guard Elssembly according to another aspcct concerns a rigid mcmber having n ~econd onc cmbodimenl of the prc~cnt invention. length about the same as the first lengtJl. the rigid member FIG. 12 is an end view of a guard assembly according 10 havmg a bottom surface which is at least partially convex m a anothcr embodiment of the present invcntion. shape that is complementary to thc concave shnpe of the top FIG. 13 is a sidcV1c\\ ofa grader with a guardas'i.embly on ~urfaee ofthe resilient member, the rigid member having a top b~ the blade accordmg to another embodlll1ent of the present surfacc v.hich deflnes 11 slot across substanttally Ihe entire invention. ~econd length.
H

Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 23 of 28

US 7,57 J ,942 B2 3
FIG, 14 is a perspective view of a fork truck with a guard assembly on the forks according to still another embodiment of the present invcnnon. FIG. 15 IS a perspective view of a tractor with a guard assembly on the plow according to a further embodiment of the present invention. FIG. 16 is a perspective view of a truck with a guard assembly on the plow according to yet another embodiment of the present invention. 1'1(1. 171s a side VIC\\' of a car with a guard assembly on the plow according to still a further embodiment of the present invention. DESCRIPTION OF THE ILLUSTRArED FMflODIMFNTS For the purpose of promoting an understanding of the principles of the invention, reference \'d1J now be made 10 the illustrated embodiments and specific language w ill be used to describe the same. It will nevertheless be understood that no Iinutauon of the scope of the invention is thereby intended. Any alrerauons and further modifications 111 the described embodiments. and any further applications of the principles of the invention as described herem an: contemplated as would normally occur TO one skilled 111 the art to which the invention relates. FIGS. 1 and 2 show a guard 20 according to one cmbodiment of the invention fix protecting the bottom surface of a component such as a bucket 10 and the surface 4 otherwise contacted by the bucket. In one embodiment, guard 20 is also referred to as a rubber cutting edge. The guard 20 is mounted to the bottom J 2 of the bucket J O. WhICh is mounted on a front-end loader 2. Such front-end loaders usually have hydraulic controls for manipulating the bucket. The guard is fastened to the bottom of the bucket by a set of fasteners 49 through holes in the bucket bottom. The iront-end loader 2 is u&ed to move the bucket. with attached guard 20, along the ~urface 4 in order to push and/or plck up material 6. In pushing, the front-end loader opemtor nonnally maintains guard 20 in contact with the surface 4, As seen in FIG, 2, hucket 10 ha~ mounted to the bottom surface of it three separate guards 20 of equal length However, the present invention also contemplates tho~e embodiments in which a single guaru extenus acrDs~ the bottom surJllCe of the componcnt being prolected. as seen in ner. 1. It is understood that the inl.-ention 1S nollimilcd In use on a front-end loader. Rather, an inventive guard call be affixed to a wide variety ofveillcles, mcluding, ior example but without limitation, a tractor, a truck, a bulldozer, a grader, a fork truck, a car, a conveyor, or any olher material handling equipment for which a v. ear pad is deSired. Furthennore, a \vide variety of components are contemplated by the invention to \"hich an inventive wear guard can be attached, including. for example and without limitatIOn, buckets, scoops. blades. forks, plows, or other such devices. l'IGS. 3-6 deplcta wear guard assembly in accordance \Vith one embodiment of the present invention, In this el11bodiment, guard 20 comprises a preferably rigid elongate attach ment portion 24 bonded 10 a wear resilient, preferably e1as tomeric pad 22. TheeJongate attachment portion holds fmdior guidcs onc or more fastener assemblies 40 for attac1unent to a surface engaging portion of the component. In the embodiment shown, elongate attachment portion 24 comprises a plate with a longitudinal track 26 that holds and/or guides on~ or more movable fastener assemblies 40. The longitudinal track 26 includes a longitudinal cavity or channel 2H with a first cross-sectional width 32 located beneath a longitudinal

4
slot 30 having a second cross-sectional width 34. The first cross-sectional width 32 is greater than the second crosssectional", idth 34, The longrtudmal track 26 is preferably continuous and preferably extends the entire length of the wear pad 22. In addition, in the wear guard 20 depicted 111 rIGS. 3-6, the elongate attachment portion 24 extends almost the full width ofthewearpad 22. Itis understood, however, that the width of the elongate attachment portion 24 can be 1cSH than or greater than the wear pad 22 width. Preferably there is sufficient contact area between the bottom surface 29 of attachment portion 24 and the top surface 21 of wear pad 22 to fully secure the wear pad 22 to the elongate attachment portion 24. In the embodiment depicted 111 FlU 1. the elongate attachmcnt portion 24 is bonded to the upper surface of the w car pad 22 using a bonding agent. It 1S understood. however, that the invention is not limited to this configurauon. and that other possible embodiments arc included within the scope of this invention For example. in other embodiments. the elongate attachment portion 24 is embedded in a slot or channel formed in the wear pad 22. When such an embodiment is used, the elongate attachment portion is preferably also bonded to the wear pad using a bonding agent to prevent separation of the attachment portion from the wear pad under the shear force, exerted upon the wear guard in use. In the embodiment depicted in nos 3-16. the longrtudmal track 26 is shewn as being generally centered in relation to the top width of the wear pad 22, with a front edge or nose 23 extending forward at a shallower angle than the upper portion of wear pad 22. Jhis configuration is not critical. and noncentered trucks 26 are also contemplated within various embodiments of the present invention. However. centering allows the wear guard 20 to be rotated from front to back 111 the event of unpropcrtional wear of the wear pad. In some alternative embodiments of the invention, the longitudinal track 26 in thc wear pad 22 is placed at a non-centered location, In addition, the width of the wear pad 22 or \"ear guard 20 is no\ es&cnti<llto the present invention. Ne\crthdc~&, in one embodIment, the ,,\ear guard 20 is v. ide enough such that, upon affixing the wear guard to a bucket 10 or other componcnt, it extends beyond the front cdge orthe bucket 10 orother component. In one preferred embo<.ilment, the v. ear gllard 20 extends up to about 2 inches beyond the front cdge of the bucket 10. In another embodiment. the \Vear guard 20 extends (jpproximatdy one mch beyond the fmnt edge of thc bucket 10 In those embodiments in Vi hich the wear guard 20 extends beyond the fmnt edge of bucket 10 (a!>best seen in FIG. 3) there could be impact loads imparted to the front edge or nose 25 of rigid member 24 Some embodiments of the prcsent invention include a front edg.e or nose 25 that is adaptoo (jnd configured to withstand tYPlCal impacts wlthout pennanent deformation. Embodiments with such adaptations are sho",n in FIGS. 3, 10. 11. llild 12. Refening to FIG. 3, rigid member 24 includes a front nose 25 v.hich is at the vertex of a substalltiaJly horizontal reinforcing portion 25 2 and an angled reinforcing portion 25.1. For longitudinal loads impnctingthc nose 25, the loads w111be distributed both hori/olltally (via 25.2 and in part VJa 25.1) and vertically (111 part VJa 25,1), It is appreciated that the front portion of rigid member 24 (from nose 25 to the front edge 28.1 oflongirudinal cavity 28) has llil increasing area momem of inertia (also referred to as a second moment of area or a cross-sectional moment of inertia) in a diwction from front to rear. Thus, any impacl10ad on nose 25 is distributed into a tront structure of rig1d member 24 that increases in stiffness and strength. making it less likely that any impact will Jeave any substantial permanent deformation.

10

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Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 24 of 28

US 7,571.942 B2 5
Referring now to FIG. 10. it can be seen that rigid member 124 likewise includes a nose portion 125 which is a vertex of a substantially horizontal portion 125.2 and 11 reinforcing portion 125.1 which moves away with a vertical component from portion 125,2. Referring to HGS. 3 and 10, it can be seen that the area moment of inertia for rigid members 24 and 124 increases going from nose 25 or 125, respectively, 10 the center of slot 30 or 130, respectively. This is in contrast to other, non-inventive cross sectional shapes ill which the bot10m surface of'the rigid member is substantially parallel to the planar top surface, which thereby have a substantially constant area moment of inertia in the fixe and aft direction. Referring now 10 FIlL 11, there is seen an alternate embodiment ofthe invention in \\ luch a guard assembly 220 includes a rigid member 224 having a reinforced nose 225 that is a vertex at the joining of a horizontal portion 225.2 and a substantially vertical portion 225 1, The rigid, elongate auachmcnt mcmbcr 24 can be made of a \\ ide variety! of materials usmg a wide variety of manufacturing processes, It is preferred that the attachment portion be rigid to provide structural integrity and robustness to the wear guard. In one preferred embodiment, elongate attachment portion 24 IS made from steel or a suitable steel alloy, such as a carbon steel alley.In alternauve embodiments. the elongate attachment portion 24 can be constructed from a different material, such as. for example and without limitation, aluminum, extruded aluminum, stainless steel. cast iron. TEFION1t. PTFE. ABS. polyurethane. nylon, fiber reinforced plastic, or other similar material or combmauon of materials. 11lC wear pad 22 may be made from a wide variety of durable material'>, In certain preferred embodiments, wear pad 22 IS made using a rubber compound, such as, for example, a natural rubber, a synthetic rubber, a reinforced rubber, or othcr clastomcric material or other plastic material. As will be readily apprecwled by 11 person of ordmary skill in the art, a typical rubber compound \ViII include rubber polymers, carbon black, oil, curing agt:nts and proteclivt: ingredielliS, A \vjde variety of such compounds are contemplated by the invention, and are \\'ell within the purview ora person of ordinary skill in the art. In one particularly preferred embodiment, the rubber polymer is a natllral rubber. In another embodiment, the \vear pad 22 is made of polyurethane or otherpbstic or thermoplastic polymer-based compound, The wear pad can altemalively be a steel n:inlurced rubber pad as described m U.S. Pat. Nos, 5,471,770, 5,611,157. and 5,741. 112, the disclosures of\vhich are hereby incorporated herein by reference Additional matenab that are contemplated Jbr use m the construction of a wear pad In accordance with the invention inclllde, for example and ",ithout limitation, TEFLON W. PTFE, ADS, polyurethane, thermoplastic polymer-based compounds, tire carcass or any material or any useful combinmion thereof. TIle wear pad 22 can be made in a variety of different methods, and the preferred manner of makll1g the wear pad 'WIll depend upon t1le maTenal used. ror example, in a preferred embodiment. the wear pad is made by laminating a ~trip of rubber compound from a rubber mill to form a preform to the appropriate width. length and weight. It is. of course, understood that t1le method for making a laminated strip of mbber may also include clllling steps to cut the strip to an appropnate 'Width, length, and weight. The preform is then cured to the appropriate state and in an appropriate shape. In one preferred manner of curing the preform, it is placed on top of an already prepared elongate attachment ponion 111 a compression mold. The mold is then closed in a press and held under presSUre and heat conditions until the

6
desired state of cure of the rubber compound is achieved. Alternatively, the wear pad can be constructed by pouring urethane or other suitable polymer into a SUitable mold or form. It is understood that the wear pad 22 will have a top surface 2 I that has a shape configured to receive and bond to the bottom surface 29 of the elongate atmchment portion 24. This top surface of the wear pad can be smooth or can have a texture if desired to achieve suitable bonding. The other sides of the wear pad can have a wide variety of surface shapes and features, and such shapes and features are within the scope of this invention. For example. the sides. preferably the leading edge, of the wear pad can include wording or Iettenng or one or more logos embossed thereon Furthermore, in the embodiment depicted in FIGS. 2 and 3. the cross-sectional gcometnc shape of the wear pad 22 is predominately rectangular. However, other embodiments include any suitable cross-sectional geometric shape. For example, other such alternative embodiments include croe--secnonal geometric configurations such as those disclosed in U.S, Pat No. 5,611, 157 and U S, Pat. No. 5.741,112. each of which is incorporated herein by reference in its entirety. Referring TO FlU-. 6, in one embodiment of the present invention the bottom surface 29 of rigrd member 24 has a convex shape which fib III a complementary concaved..hapcd surface 21 of wear pad 22. These shapes assist 111 maintaining a bond between rigid member 24 and wear pad 22 in at least two ways: (1) as compared to bonding surfaces that are horizontal and parallel. these curved surfaces have increased surface area for bonding; and (2) impact loads to the front of the wear pad are imparted from surface 21 to surface 29 in a combination of compression and shear. as opposed to the substantially pure shear of flat. horizontal bonding surfaces. Likewise. referring to FIG. 10, impacts to wear pad 122 will be imparted from surface 121 onto surface 129 in a combination of compression and shear. Further, the cross sectional shape of surfaces 121 and 129 allo\\' for il1crcasoo surface area for honding therebetween, In one embodiment of the invention, as illustrated in FIG. 3. the elongate attachment portion 24 and ",ear pad 22 arc manufilctured separately and bonded together\vith a bonding agent. Before bonding the elongate attachment portion 24 and wear pad 22, the sur1aceofthce1ongate attaclunent portion 24 can optionally be treaku or conditioned to improve wear pad 22 adhe<;iol1to the surface. One preferred manl1<.":rofat1aehing the wear pad to the elongate attachmcnt portIOn includes degrea:,ingand shot blasting the attachment portion, follo\\'(.,'{j by application of a coat of rubber adheSive pnmer, followed by a top-coat of rubber adhesive. The wear pad can then be pllH:ed and held in positJOll until bonding occurs between the wear pad and the attachment portIOn. Pre1erred bonding agents arc polymer based adhesives and can be obtained cOllunercially from various companies. such a~ Lord Company (Cary, N.C) and Rohm and Haas (Philadelph13. Pa.). Whlle adhesive-based bonding agents are preferred. it is lUlderstood that any suitable bonding agent. or any mixture thereof, is included in the scope of t111$invention. Alternatlvely, the elongate attachment portion 24 can be affixed to the wear pad v.ith other attachment means, One possible embodimcnt includes attaching the wear pad 22, or wear pad segments, to the elongate allachment portlon 24 with at least one attachment means, such as a screw and nllt combination. Attachment of \\ear pads TOa common metal plate by screw and nut is disclosed in U.S. Pat. No. 5,611,157. Ihis attachment method and others disclosed 111 U S. Pat No. 5.611,15i are hereby incorporated herein by reference. The

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Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 25 of 28

US 7,571 ,942 B2 7
wear pad can also be constructed from a plurality of modules that arc placed in juxtaposition lengthwise and then bonded to the elongate attachment portion 24. or modules of guards call be asscmblcdcnd-ro-cnd on a bucket bottom as shown in FIG, 8. The guard device 20 preferably runs the entire length of the bucket's bottom 12, as shown in FIG.!; however, the guard device can be manufactured mlcngrhs greater than the typical length or the edge ora bucket. and then cut to tit a particular bucket. being longer, shorter, or the same width of the bucket. Also, as suggested above. and as shown 111 FlO, 2, guards can be manufactured in modular lengths to be placed in sencs along the bortom Jz of the bucket 10. In certain preferred embodiments. the guard device 20 has a length of about 36 inches. about 40 inches or about 4R inches, FIGS, 7-9 depict fastener assemblies employed according to various aspects ofthe present invention. The usc anywhere herein of an N prefix in front of an element number (NXX), denotes an element that is the same as the non-prefixed element lXX), except for the changes shownor described. FIeTS. 7-9 depict fastener assemblies 40, 140. and 240. respectively. according to various embodiments of the present invention. Referring to Flf r. 7, there is shown a fastener assembly 40 comprising a plate 42. separable fastener 49 and a nut 50. Sliding plate 42 has the cross-sectional shape of an upsidedown "T", wnh a wide base 43 and an upward projccung top portion 60. Base (or head) 43 has a width that is adapted and configured to slide within longitudinal cavity 28. Top portion 60 has a width which 1S adapted and configured to he slidingly received between the walls of longitudinal slot 30. Base 43 has a height 43ft that is adapted and configured to be received within the vertical height oflongitudinal cavity 28. Top portlO1160 is at a height 60h above base portion 43 such that the opposing sides of top portion 60 arc received between the walls of lonfl;itudintll slot 28, and tllso that the top surface of top portlOn 60 docs not extend above the top surface of rigld member 224. Plate 42 includes \vithin It an nperture 47 which is adapted and configured to receive \vithin it the head 49.1 of fastener 49, In one embodimcnt. ftlstener 49 is a plough bolt, having four squared-off sides to reSIst r01at1On of fastener 49 v.ithm aperture 47 A threaded porbon 46 of fastener 49 extends through sliding plate42, and through an aperture\vithin component 10, such Um( a nut 50 and locking fiat wa~hers 48a and 48h respectively. can be aunched thereto, FIGS. 7, 8, and 9, depict fastener assemblies 40. 140, and 240, respectively, of increasing fastener diamekr. Fastener assembly 240 also jncludes a cylindrical member 248c which mmntains the shank oftastener 249 centered within aperture 247, In some embodiments, the threaded shank of fastener 49 is coated with a dry thread locking coat such as those sold by ?1M Company. Referring to FIGS, 4 and 5, II guard 20 is depicted conta1l1ing four fasteners 40 in the longitudinal track 26. While four fastener as~emblies 40 arc ~hown in FIG, 6. it is contemplated that at least one fastener assembly 40, and up to as many as will fit into thc track 26 and find available receiver holes in the bucket, \\ilJ be used. 111e cooperation of the track 26 and tastener head 42 allows each fastener member to freely slide longitudinally along and within track 26. As shown in PIGS 2 and 3, the guard 20 is st-'CUfedto a bucket bottom 12 by placing the mam body 46 oflhe fastener assembly 40 through the aperture in the bucket bottom 12 and securing it in place by use ofa nut 50 and optionally washers 48, WhiJc a spltt pin might be llsed as mentioned abm'e (not shown), embocliments that utilize thread~ on the main body

8
46 and a nut 50, with washers 48, both plain and lock, are preferred as melt a fastening system is typically more robust. As shown m FIGS. 2 and 3, a typical bucket Hl used to clean floor surfaces has bolt or stud receiver apertures for " attaching a guard 20 to the surface engaging portion of the component 12. Due to various bucket manufacture speciflcanons, the number and spac111g of apertures 111 one bucket is often different from those in other buckets, Therefore, the versatility of positioning a plurality of fastener members 40 in 10 a plurality of location" along the track 26, according to the present invention, facilitates the coupling of the guard 20 of this invention to buckets of various manufacturers 111 various widths and which may have been provided with various bolt spacings for conventional original equipment "Wearpads, To 15 further facilitate aligning the fastener members 40 with the apertures in the surface engaging portion of the bucket 12 to be serviced, spacers of suitable lengths, such as spacers 60 III FIG. 4. can be placed in the track 26 between fastener memhers 40 in order to hold the spatial arrangements uf the fas2(; tenets 40 during mountmg of the guard to the bucket The bucket apertures are typically cylindrical, but they can also be orthogonal or other geometrical shapes, or irregular. Referring to J'IG. 12, there is shown a wear guard 320 according to another embodiment of the present invention. 2'5 Wear-guard 320 is symmctnc about Hvertical aXISX. Both the front leading surface 323 and the rear trailing surface 323 are identical in shape. and both are centered about a central vertical axis X, Further, rigid member 324 is symmetrical about vertical axis X the three dimensional wear guard ,0 320, the vertical center X 1S more correctly considered ::J plane). This fore and aft symmetry makes it possible (in some cmbodunents) to attach wear guard 320 to a vehicle in a first orientation, and after the leading edge of the wear guard has worn. to reverse the orientation of the wear guard on the 35 vehicle so as to place the rear trailing edge as a new, Ul1\vorn leading edge Various embodiments of the present invention provide novel devices. methods, and system:. that Hnd advanrngeous usc in protecting components ofn121erial handling equipment 4(1 and floor surfaces contacted thereby from damage caused during material hundling opcrations, It is also contemplated that the wear guard WIll prove advantageous in numerous other applications. For example, one or more inventive wear guards can be installed on a conveyor system to protect the 4~ conveyor belt and/or other comeyoy components from wear caused by friction. Cpon review of the various features and facets of the various embodiments of the invention described hercin, it is appreciated that one foml of the present invention is a guard 50 to protect a vehicle component and surfaces contacted by the component. In one embodiment, the guard comprises an elongate attachment portion having a first surface and an orpming second surface, the first surface con11gured 10 be releasably secured to the component. and a \\lear pad mounted on the ')5 second surface. The attachment portion defInes a longitudinal track to shdably recclve a plurality of fa~tener member~ The track has a longitudinal cavity and defines a longitudinal slot in the first surface. The cavity has a first cro~s-sectional width to sJidabJy rcce1Ve a head portion of a tllstener member, and 6C the slot hns a second cross-sectional \vldth less than the first cross-scctional \\-idth to sJidably receive a central main body of the fastener member, In anotherembodimcnt, the guard also includes at lea::;tone fastener member having a central main body and a head 6' portion, the main body denning a lastener axi::; and having a dImension in at least one dIrection lnH1SVerse to the axis that is less than the second cross-sectional width. The head POY-

em

Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 26 of 28

US 7,571 ,942 B2 9
tion is received in the cavity and slidablc longitudinally in the
cavity. The head portion has dimensions perpendicular to the fastener axis that arc greater than the second cross-sectional width and less than the first cross-sectional width In yet another embodiment, the fastener member is configured to resist rotation about the fastener axis when the fastener member IS received in the track. In yet another embodiment the head portion of the fastener member has at least one dimension perpendicular to the fastener axis that is greater than the Width of the longitudinal cavity for guidance of the head portion while sliding in the cavity. In still another embodimem, I1w cavity I::; configured to engage a side surface of the head pcruon of the fastener member in a manner that inhibits rotation ofrhe fastener member about a longitudinal axis of the body relative to the head portion. The attachment portion of the wear guard preferably cornprises a rigid material. In one embodiment, the attachment portion is an extrusion. A preferred material for use in making the attachment portion is aluminum or an aluminum alloy. The wear pad preferably comprises an elastomeric material. In one embodiment, the wear pad comprises rubber. The wear pad is preferably attached to the elongate member by bonding, preferably adhesive bonding. In another aspect of the invention, a guard to protect a vehicle component and surfaces contacted by the component includes (1) an elongate attachment portion having a first surface and an opposing second surface. the first surface configured 10be releasably secured to the component; and (2) a wear pad mounted on the second surface. The attachment portion defines a longitudinal track to slidably retain at least one fastener member along a pathway defined by the truck. In a preferred embodiment, the track has a longitudinal cavity and defines a longitudinal slot in the first surface. In one preferred embodiment. the cavity has a first cross-sectional widlh to slidably receive ahead portion ora fastener member and the sJot Iws a second cross-sectJOuaJ width !c~s than the first cross-sectional widt11 to slidably receive a central main body of a ftl~tener member. In another aspL"Ct of the invention. there is provided a system for picking up or movlllg material from a surface. '111e system includes: (l) a vehicle having a component used to pick up or push material from a surfl1Ce, the component having a bottom portion thaI 1& operable close to the surface and has a plmality of apertures to receive fasteners; and (2) a guard removably secured to the bottom portion orthe eomponeat, the guard mc1uding an elongate attachment portion having a Ilrst surtaceand an opposing second surface, the first surlt'lCe configured to berelwsably ~ecured to t1tecompunent, and the guard having a wear pad mounted on the second surface. The ntlachment portion deflnes a longitudinal track to :-;lidably retain a plurality of iaslener members along a pathway defined hy the track.A plurality ofrastener members arc retained in the track, each of the fastener members ori~ ented along the tnlck in a m<llll1er \\hereby a portion of the fastener ml:!mber is positioned to extend through one of the apertures. In one preJerred embodiment. the longitudinal track has an internal longitudinal cavity having an opening defining a longitudinal slot in the first surface, the cavity having a fjrst cross-sec1ional \\idth to slidably receive a head portion of the fastener members and the slot having a second ero~s~sectional \vidth less than the first cross~sectional width to shdably receive a central rnam body of the fastener members. In another preferred embooll11Cnt. the fastener members have a central, generally cylindrical main body and tl head port10n, the main body definmg a fastener axi~ and having a diameter less th..1.nthe ~econd cross~sectional width, and the head portion having dimensions perpendicular to the tastener

10
axis that are greater than the second cross-sectional w idth and less than the first cross-sectional width. In another embodiment. the system includes: (1) a vehicle having a component moo to pick up or push material from a surface, the component having a surface-engaging portion that contacts the surface and defunng a plurality of apertures ahgned along a longitudinal axis in the surface-engaging portion: (2) a guard removably secured to the surfacc-cngaging portion of the component, the guard including an elongate attachment portion having a first surface and an opposing second surface, the first surface configured to be rclcasably secured to the component; and a wear pad mounted on the second surface; and (3) means on the guard for rcccrvtng and positioning fasteners for affixmg the atrachment portion to the snrfacc-cngagmg portion. In alternative aspects of the invention. the vehicle is. for example, a tractor, a truck. a bulldozer, a grader. a fork truck, a car or a conveyor system. 111e component can be, for example, a bucket, a scoop. a blade, a fork or a plow, In another aspect of the invention, there is provided a method for protecting against damage of the type that results from contact between a Iloor surface and a surface-engaging component of a vehicle used to pick up or push material from the surface. In one manner of practicing the invention, the method includes: (1) providing a guard that includes (a) an elongate attachment portion havmg a first side and an opposing second side, the first side having an elongate track formed therein and configured to be releasably secured to the component. and (h) a wear pad having a first side for engaging the floor and an opposing second side affixed to the second side of the attachment portion, (2) sliding a plurality of fastener members lJ1 the track to posiuon the ra<;tener member;;; at locations corresponding to alleaSl some apertures ofa surface engaging component of a vehicle: and (3) moullting the attachment portiun to tlw component by inscrting: a portion of each fastener member mto a correspondll1g one of the aper~ lures and securing the fastener members to the component. It i::. understood that this method \\ ill commonly be employed using a vehicle component that features apertures having predetermined spacings. As such, another manner of pructic~ ing the invention includes inserting intcrval spacers in the track between the fastener members to space the fastener members such that the positlOns of the fastener members correspond to at least some oftbc apertures. In another aspect, the invention provides a metllOd for making a wear guard. '111emet1lOd ll1c1udes: (J) provldmg an elongate attachment portion having a first side and an opposing ::.econd sidc. the flD>tside having an dong:atc track fonmxl therein and conflgured to be releasably secured to a component: (2) providing a wear pad having a fbt ::;ideforengagillg the floor and an opposing ~econd ~idc configured for attachment to the second side of the attachment portion; and (3) attaching the second side of the wear pad 10 the second side of the attachment portion. In one manner of practicing the invention, the method also includes inserting a plurality of iastening members into the track.ln one embodiment, each of the 1astening members has a centra I main hody and a head portion. which can have a wide variety of features as described herein. In one embodimenL the cavity is configured to engage a side surface of the head portion of t11Cfastener member in a manncr that inhibits rotation of the fa~tener member about a longitudinfll axis of the body relative to the head portion. 'J he attachment portion and the wcar pad can also have a wide variety of di.tTerent features and configurations as de~cnhcd herein. l;lG. 13 deplcrs a guard 420 according to <mother embodiment of the invention for pro1ecting the bottom surface of a

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Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 27 of 28

US 7,571,942 B2
11
component such as a blade-s to and the surface 404 otherwise contacted by the blade 410. The guard 420 is mounted to the bottom 412 of tile blade 410, which is mounted on a grader 402./\s seen in FIG. 13. blade410 has mounted to the bottom of it three separate guards 420. fIG. 14 depicts a guard 520 according to still another embodiment of the invention for protecting the bottom surface of a component such as a fork 510 and the surface 504 otherwise contacted by the fork 5JO. The guard 520 it>

12
convex adjacent the central portion, convex adjacent at least one of said two spacedapart edges, concave between the central portion and the at least one of said two spaced-apart edges. and complementary to the shape of the top surface of said resilient member, wherein said rigid member top surface defines a slot across substantially the entire second length: and wherein the bottom surface of said rigid member is attached to the top surface of said resilient member2. The apparatus of claim 1 wherein said rigid member bas opposing ends separated by the second length. said slot being open at one of said ends. 3. The apparatus of claim 1 wherein said rigid member defines a lengthwise channel. the slot being open to the channel. 4. The apparatus of claim 1 wherein said resilient member comprises an elastomeric material that is bonded to said rigid member. 5. The apparatus of claim 1 wherein said rigid member is aluminum extrusion. 6. The apparatus of claim 1 wherein said resilient member is integrally molded as one piece [rom an elastomeric material. 7. A plurality of v. ear guards, comprising: a plurality of wear guards as described in claim L at least one wear guard having a resilient member with a first length equal to approximately 361nches. at least one wear guard having a resilient member with a first length equal to approximately 40 inches, and at least one wear guard having a resilient member with a first length equal to approximately 48 inches. 8. The apparatus of chum 1. further comprising a vehicle component attached to said rigid member. 9. The apparatus of claim 8. further comprising: a vehicle attached to s.. d vehicle component. n 10. The apparatus of claim 1, wherein said rigid member includes a hOrl/ontal reinforcing portion adjacent said top surface and extending between said at least one edge and said slot; and an angled reinfi)rcing portion adjacent "Uld bottom surface and extending from said at I~ast one edge toward the other of said !\Vo spaced-apart edges, said horizontal and angled reinforcing portions tom1111g a cavity therebetween and extending along said rigid member sL"Cond length. 11. An apparatus for protecting a bottom ;;:urface ofa component of a vehicle, compri;;:ing: an c1astomeric member having: a f1rst length substantially greater than its width. said elastomeric member having a non-planar top surfi.'lce: and a supporting member llil\fing a front. a rear, a top surf<lce, a bottom t.urface, and a second length about the !>ame as the first length, the bottom sur1:'lce of said supporting member having a shape that is generally complementary to the shape of the top :,urface ofsaiJ elastoll1eric member, the top surf:1ce of said supporting member defining a track oriented along the length of said supportll1g member. said track including a ~lot and a wider channel below the slot, the distance from the top surface of said supporting member to the bottom surface of said supporting member being nOllconstant from front to rear; \"herdn the bottom surface of said supporting member is attached to the lop surface of said elastomeric member.

mounted on the borrom of the fork 510, which is mounted on

a fork truck 502. As seen in FIG. 14. fork 510 has mounted to the bottom surface of it a single guard 520. However, the present mvcnnon also contemplates those embodiments 1ll which multiple guards extend across the bottom of the componcnr being protected. FIG. 15 depicts a guard 620 according to a further embodiment of the invention lor protecting the bottom surface of a component such as a plow 610 and the surface 604 otherwise contacted by the plow 610. The guard 620 is mounted 10 the bottom 612 of the plow 610 c-hich is mounted on a tractor 602 As seen in FIG. IS, plow 610 has mounted to the bottom surface of it a single gmmi620. However, the present invcnlion also contemplates those embodiments in which a multiple guards extend across the bottom of the component being protected. FIG. 16 depicts a guard 720 according to yet another embodiment of the invention for protecting the bottom surface of a component such as a plow 710 and the surface 704 otherwise contacted by the plow 710. The guard 720 is mounted to the bouom z l z of the plow 710, which 1S mounted on a truck 702. As seen in FIG .16, plow 710 has mounted to the bottom surface of It three separate guards 720. J lowcver, the present invention also contemplates those embodiments in which a single guard extends across the bottom surface of the component being protected. FIG. 17 depicts a guard H20 according to s1111 further a embodiment of the invention for protecting the bottom surface of a component such as a plow S10 and the surface 804 otherwise contacted by the plow 810. The guard 820 IS mounted to the bottomS12 ofthe plow 810, v.hich is mounted on a car 802. While the invention has been illustrated and described in detail in the draw1l1gs and i()regomg description, the same IS to becon~idered as illustrative and not restrictive in character, it being understood tlillt only the pre/crred embodiment has been sho\\n <lnd described and thm all changes and modifications that come 'W 1t11in the spirit of the invention arc dcslred 10 be prok--cted, In addition. all patents and non-patent publications cited herem are hereby incorporated by reference in their entirety as ifindividuaJly incorporated and fully set forth herein. What is claimed is' 1. An appamtllS. comprising: a 'Wear guard for protecting a bottom surface of a vehicle, including a resilient member having a first length. and a top surface which is at least partially concave; and a rigid member having a second length about the same as the first length. a width substantially less than the second length. said 'Width defined by 1"\\0 spaced-apart edges, said rig.id member having a central portion bet\\een said two edges. and a height less than its width, said height defined by a top surface and a bottom surface, wherein the shape of said rigld member bottom surface is

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Case 1:12-cv-11027-DJC Document 1 Filed 06/08/12 Page 28 of 28

US 7,571,942 B2 13 14
a supporting member bonded to the top of said resilient 12, The apparatus of claim 11 wherein said supporting member is adapted and configured to have an area moment of member with a bonding agent, said supporting member inertia that mcreascs in a direction from front to rear for the dcftmng a slot centered about the plane and parallel to the plane, said supporting member defining a channel portion of the supporting member from the front to the forbelow said slot, said channel having a width that is ward edge of the track. 13. The apparatus claim 12 wherein a vertical and longreater than the width of said slot, said channel being gitudinal plane extends parallel to said slot and is centered centered about the plane and parallel to the plane. within said slot, said elastomeric member being symmetric 23, TIle apparatus of claim 22 which further comprises a plurality of fastener plates, each fastener plate having: a botabout the plane and "aid supporting member being symmetric 1u tom portion adapted and configured to he slidably received by about the plane. 14. The apparatus in accordance with claim 11 wherein the said channel. the bottom portion having a width greater than the width of the slot, each said fastener plate having a top supporting member is fabricated from a single piece of aluportion slidably received within the opening of said slot. minum. 24. The apparatus of claim 22 wherein an angle between 15, The apparatus of claim 11 wherein the component is selected from the group including a bucket. a scoop. a blade, 15 the forward lace and the roadway is less than about 135 degrees and more than 90 degrees. a fork or a plow, and said apparatus is fastened to the bottom of said component. 25. The apparatus of claim 22 wherein said supporting member is extruded and has a convex bottom surface for 16. The guard in accordance with claim 11 wherein the bonding to a concave top sur/ace of said resilient member. vclncle is a conveyor. 26. 11lC apparatus of clarm 22 wherein the vehicle is a 17. An apparatus to protect a vehicle component. compris- 2( tractor, truck, bulldozer. grader, fork truck, or car. ing: 27, 'TI1e apparatus of claim 22 wherein said supporting a resilient member having a first length subsranrially member includes an upper surface and a lower surface. said greater than its width. said resilient member havmg a lower surface being bonded to the top of said resilient mcmnon-planar top surface: a supporting member having a front. a rear, a top surface. a 25 bcr and said upper surface defining said slot. 28. An apparatus for prorecung a bottom surface of a bottom surface, and a second length about the same as vehicle, comprising: the first length, the top surface defining a slot oriented a resilient member having a first length substantially parallel to the second length of said supporting member, greater than its Width, said resilient member having a top said slot having a width, "aid supporting member definsurface which IS at least partially concave. ing a channel below said slot said channel having a 3() a rigid member having a second length about the same as depth, said channel having a width that is greater than the the first length, said rigid member having a bottom surwidth of said slot; and face which 15 at least partially convex 111 a shape that is a plurality of fastener plates, each fastener plate having a complementary to the concave shape of the top surface bottom portion slidably received by said channel, the of said resilient member, said rigid member having: a top bottom portion having a width greater than the width of 35 surface which defines a slot across substantially the the slot, each said fasreucr plate having a top portion entire second length: slidably received within the opening of said slot, each wherein the bottom surface of said rigid member is sard fastener plate being adapted and configured such attached to the top surface of said resilient member: and that at least part of the top portion has a height which is wherein said rigid member is aluminum extrusion greater than the depth or the channeL 29. An apparatus for protecting a bottom surface ofa com18. The apparatllS of claim 17 v.herein erich fastener plate ponent of a vehicle, comprising: defines a hole for r<.-'Ceiving fastener, a ,1/l elastomeric member having a firs! length substantially 19. The apparatus of claim 17 wherein each fastener plate greater than its width, said e1astomcric member having a indudt-'"i> threaded portion adapted and confi.?!urcd 10 t:xll:nd a non-planar top surfl.lcc: out of the openll1g of said slot. 4) a snpportmg member having a iron!, a rear, a top surface, a 20. 111e apparatus of claim 17 v. herein each said fastener bottom sutiace, and a second length about the same as plate Include~ a hole adapted and conflgured to receIve a the first length. the bottom surface having a simp.: that is separable fastener therethrough. generally complementary to the shape of tile top surface 21. Ihe apparatus of claim 20 wherein each hole is adapted of said c!astomeric member, the top surface defining a and configured to resist rotation ora fastenercxtendillg therc- 50 slot ori0111ed <llong the length of said 1>upporting memthrough. ber, the di~tal1ce from the top surface of said supporting 22. An appamtus to protect a vehicle on a roadway trom member to the bottom surface of said supporting memobjects on the roadway. comprising: ber being nonconstant from front to rear, a resilient member having a first length substantially)) \vherein the bottom surface of said supp0r1mg mcmber is greater than its width, said resilient member having a attached to the top surface of sald cl3stomeric member: forward face and a rearv.ard face, each said fuce being and ad."pted and configured for upward deflectIOn of ohjects wherein the component is selected from the group includon the roadway, said resilicnt memher having a bottom ing a bucket. a scoop, a blade, a fork or a plo,,", and saJd surface adapted and conugun-'t! for slidlllg contact "'ith 60 apparatu1> is fastened to the bottom of said component the roadway. said resilient member having a top and a plane extendmg vertically through said member; and

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