Free Notice (Other) - District Court of Federal Claims - federal

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS JENNINGS TRANSMISSION SERVICE OF GOLDSBORO, INC., Plaintiff, v. THE UNITED STATES, Defendant, No. 05-1209 C and Judge Lawrence M. Baskir JASPER ENGINES & TRANSMISSIONS, Third-Party Defendant, and READY BUILT DISTRIBUTORS, INC., Third-Party Defendant. APPENDIX TO THE UNITED STATES' CLAIM CONSTRUCTION BRIEF PETER D. KEISLER Assistant Attorney General JOHN FARGO Director KEN B. BARRETT Attorney Commercial Litigation Branch Civil Division Department of Justice Washington, D.C. 20530 Telephone: (202) 307-0343 Facsimile: (202) 307-0345 E-mail: [email protected] Attorneys for the United States

OF COUNSEL: GARY L. HAUSKEN Assistant Director Department of Justice March 23, 2007

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TABLE OF CONTENTS FOR THE APPENDIX A. B. C. D. E. F. G. H. I. U.S. Patent No. 6,085,609 to Mozingo et al. . . . . . . . . . . . . . . . DA1 Patent Application Serial No. 09/032,960 . . . . . . . . . . . . . . . . . DA13 Office Action . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DA43 U.S. Patent No. 4,630,702 to Irimajiri et al. . . . . . . . . . . . . . . . DA48 Information Disclosure Statement . . . . . . . . . . . . . . . . . . . . . . DA52

U.S. Patent No. 4,281,562 to Venuto . . . . . . . . . . . . . . . . . . . . DA56 U.S. Patent No. 4,267,743 to Tanaka . . . . . . . . . . . . . . . . . . . DA61

U.S. Patent No. 5,372,050 to Shinki et al. . . . . . . . . . . . . . . . . DA69 The Service Manual for the "1987-1992 U.S. Postal Service Long Life Vehicle," copyright 1991 (selected excerpts) . . . . . . DA90 MERRIAM-WEBSTER'S COLLEGIATE DICTIONARY (10th ed. 1997) (selected excerpts) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DA94

J.

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EXHIBIT A

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US006085609A

United States Patent
Mozingo et al.

[I91

[ill [45]

Patent Number: Date of Patent:

6,085,609
*Jul. 11,2000

[54] REPLACING TRANSMISSION OF RIGHT DRIVE VEHICLE WITH TRANSMISSION DESIGNED FOR LEFT DRIVE VEHICLE, AND ASSOCIATED CHANGE-OVER LINKAGE [75] Inventors: Jerry R. Mozingo, Pikeville; Christopher S. Smith; William J. Smith, both of Goldsboro, all of N.C. [73] Assignee: Jennings Transmission Service of Goldsboro, Inc., Goldsboro, N.C. [*] Notice: This patent issued on a continued prosecution application filed under 37 CFR 1.53(d), and is subject to the twenty year patent term provisions of 35 U.S.C. 154(a)(2).

4,304,317 1211981 Vanzant . 4,523,655 611985 Keenan . 4,630,702 1211986 Irimajiri et al. 5,623,852 411997 Tischer . 5,625,289 411997 Daetz . 5,626,212 511997 Ersoy . 5,638,720 611997 Weinhart . 5,651,293 711997 Ebenstein . 5,660,079 811997 Friedich . 5,660,080 811997 Rector . 5,661,999 911997 Carone . 5,662,005 911997 Garman . 5,666,855 911997 Ebenstein .

.................... 1801336 X

Primary Examiner-Alan D. Herrmann Attorney, Agent, or F i r m q i c h a r d S. Faust [571

ABSTRACT

[21] Appl. No.: 091032,960 [22] Filed:

Mar. 2, 1998

[51] Int. CL7 ..................................................... F16H 59/02 [52] U.S. C1. .................... 741473.3; 741473.31; 291401.1; 1801336 [58] Field of Search .............................. 741473.3, 473.31; 1801336; 291401.1 ~561
4,091,688

References Cited
U.S. PATENT DOCUMENTS
511978 Huffman

An inadequate original equipment transmission in a right hand drive vehicle, for example a postal vehicle, is replaced with a more suitable transmission designed for a left hand drive vehicle. A right-to-left change-over linkage connects the shift rod emanating from the driver's gear selector lever to the shift lever on the left side of the replacement transmission. A kit containing necessary parts for replacing the transmission is disclosed. Also disclosed is a step-by-step operational procedure for carrying out the transmission replacement.

12 Claims, 7 Drawing Sheets

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FIG. 1A
PRIOR ART

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FIG, 2A

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6,085,609

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REPLACING TRANSMISSION OF RIGHT DRIVE VEHICLE WITH TRANSMISSION DESIGNED FOR LEFT DRIVE VEHICLE, AND ASSOCIATED CHANGE-OVER LINKAGE

2

transmissions. Thus, in another aspect, the present invention provides a change-over linkage that permits an inadequate transmission in a right hand drive vehicle to be replaced with a more properly vehicle-matched transmission designed for s a left hand drive vehicle. In yet another aspect, the present invention may be FIELD OF THE INVENTION defined as a kit including parts necessary to make a transmission rep1acement as described above. The invention relates to vehicle transmissions, more par1" another aspect, the invention may be defined as an ticularly to the replacement of an inadequate original equipoperational procedure for carrying out the transmission merit transmission in a right hand drive vehicle with a more replacement using components contained in the kit. suitable transmission designed for a left hand drive vehicle, and to a change-over linkage for connecting the shift rod BRIEF DESCRIPTION OF THE DRAWINGS emanating from the driver's gear selector inside the vehicle to the shift lever on the replacement transmission. 1s Some of the objects having been stated, other objects will appear as the description proceeds, when taken in connecBACKGROUND OF THE INVENTION tion with the accompanying drawings, in which The transmissions of various types of motor vehicles FIG. 1 is a pictorial view of a right hand drive postal often fail due to faulty maintenance, use in excessively vehicle (shown in phantom) with portions of the vehicle demanding conditions, or a mere accumulation of high 20 broken away to permit illustration of the original equipment mileage. Such failed transmissions, if properly suited to the transmission having a right side shift lever connected to the vehicle, are typically replaced with a repaired, rebuilt or new shift rod running from the driver's gear selector lever on the transmission of the same type. steering column inside the vehicle. In those situations where transmissions in a particular FIG. 1Ais an enlarged bottom view of the vehicle of FIG. type of vehicle repeatedly fail at low mileage, it is often the 25 1showing portions of the transmission and the connection to case that the transmissions are not properly matched to the the shift rod to the transmission's shift lever. vehicle or to the demands of the driving conditions to which FIG, 2 is a view similar to FIG, 1showing the right hand the vehicles are being subjected. A vexing example of this drive postal vehicle with an installed replacement transmisproblem has been the excessive early failure rate of trans,ion primarily designed for a left hand drive vehicle, and missions in many postal vehicles owing, in Part, to a 30 also showing the change-over linkage of the invention that fundamental mismatch of transmission to vehicle and, in the shift rod on the right side of the vehicle to the part, to the stop-and-go nature of the vehicle's use. More shift lever on the left side of the transmission, particularly, the United States Postal Service has experiFIG, 2A-1 is an enlarged view of the portion of FIG, enced numerous and repeated transmission failures in its 35 within the circle C, Grumman LLV-A postal vehicles. These vehicles have a 2A is an bottom view of portions of the long history of experiencing transmission failure at as little replacement transmission and the change-over linkage of as nine to twenty four months into the vehicle,s operating FIG. 2. life. Rebuilt transmissions of the same design have been FIG. 3 is a pictorial view of the principal components of installed into these vehicles and appear to have an even shorter life, sometimes as little as several months. The cost 40 the change-over linkage illustrated in FIGS. 2 , 2 A and 2A-1. to the United States Postal Service in attending to the repairs FIG. 4 is a view similar to FIG. 3 with portions of the of these vehicles, accounting for vehicle down time and change-over linkage exploded. paying for rebuilt transmissions and installation, is an FIG, 5 illustrates the primary components of a kit conexceedingly important cost factor to the Postal Service. taining necessary parts for replacing the original equipment 45 transmission of a right hand drive vehicle with a replaceSUMMARY OF THE INVENTION ment transmission primarily adapted for a left hand drive According to the invention, in one particular embodiment, original equipment LLV-A transmissions are replaced with DETAILED DESCRIPTION OF THE transmissions that have been proven to more closely match so INVENTION the needs of these vehicles when used on postal routes. One example of a replacement transmission is the General While the present invention will be described more fully Motors 700R4 transmission which has now been proven to hereinafter with reference to the accompanying drawings, in last significantly longer than the original vehicle which aspects of the preferred manner of practicing the transmission, with an apparent added benefit of an approxi- 55 present invention are shown, it is to be understood at the mate ten-percent increase in fuel efficiency. outset of the description which follows that persons of skill in the appropriate arts may modify the invention herein The replacement of an LLV-Apostal vehicle transmission described while still achieving the favorable results of this with a 700R4 transmission, or equivalent, is complicated by invention. Accordingly, the description which follows is to the fact that the LLV-A vehicle is a right hand drive vehicle having a gear selector mechanism that connects to a trans- 60 be understood as being a broad, teaching disclosure directed to Persons of skill in the appropriate arts, and not as limiting mission adapted for a right hand drive vehicle. Replacing the upOD the Present invention. LLV-A transmission with a transmission intended for a left hand drive vehicle presents a considerable challenge in Referring to the drawings, and particularly to FIG. 1, there linking the gear selector mechanism to the replacement is shown in phantom a right hand drive Grumman LLV-A transmission. More particularly, this linkage dilemma has 65 postal vehicle 1 0 of the type utilized for many years by the proven an obstacle to the development of a repeatable, U.S. Postal Service. This right hand drive vehicle 1 0 has a "assembly line" procedure for installing these replacement driver's gear selector lever 12 mounted in customary fashion

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on the steering column 14. Lever 12 connects to a conventhe gear selector lever 12. More particularly, the spatial tional shifting tube 16 that runs the length of the steering adjustment of the assembly is achieved by locating bolt 145 column. Shifting tube 16, in turn, connects to a manual shift at the desired location in slot 149 in intermediate link 134 rod that runs to mechanism 20 for shifting the manual shift and by pivoting links 134, 138 as necessary about the pivot lever 22 on the right side of original equipment transmission 5 points defined at bolts 145, 147, 26 a GIXmman 180C transmission). of While certain features and advantages of the present these connections are shown in FIG. 1A. As mentioned invention have been described above, it will be appreciated above, the original equipment transmissions in these that the present may be made the vehicles have had a long history of premature failures and, marketplace in the form of a kit containing necessary parts as importantly, these transmissions, when rebuilt and 10 to replace the original equipment transmission of a right reinstalled, have an even shorter life. hand drive vehicle with a replacement transmission of FIG. 2 is a view similar to FIG. 1 but showing the postal different design, primarily adapted for a left hand drive vehicle 10 after it has undergone replacement of the original vehicle. Referring to FIG. 5, such a kit may include: equipment transmission with a replacement transmission a. 40 (for more properly matched to the vehicle and its use, in this Motors 700R4 transmission) instance a General Motors 700R4 transmission 40. The GM b. torque convertor 160 (not shown in detail) 700R4 transmission 40, with minor mounting changes discussed below, fits ideally on the chassis of postal vehicle 10 c. universal cable 162 and associated cam 164 because transmission 40 is designed for its principle use on d, universal dipstick and tube 166 (for transmission fluid) the same chassis (a Chevrolet S-10 pickup chassis) as that 20 e. catalytic convertor bracket 170 used for postal vehicle 10. However, as mentioned above, f. dust cover 172 the original equipment transmission 26 is designed for use 8. drive shaft 176 (shortened) with a right side drive vehicle, the replacement transmission 40 is designed for a standard U.S. left side drive vehicle. h. change-over linkage 70 Therefore, the shift lever 128 of replacement transmission 25 i, self-tapping bolts (not shown in FIG. 5) 40 is disposed on the left side of the transmission, remote j, transmission cooler (as necessary-not shown in FIG, from shift rod 18 that is on the right side of the vehicle. 5). These components are operatively connected by the change~h~ following step-by-step procedure, readily underover linkage 70 that will now be described with primary standable to one of skill in the art upon examination of this reference to FIGS. 2A-1, 2A, 3 and 4. Linkage 70 includes 30 specification, is used to accomplish a transmission replacefirst and second chassis attachment plates 74 and 76 having ment of the type described above. This procedure, in certain 82 and 86, for securing the plates details, directly relates to the replacement of a 180C transmating openings in the vehicle chassis by suitable fasteners, G~~~~~ postal mission in a LLV-A (2.5 liter preferably self-tapping bolts. In application of the invention vehicle with a ~~~~~~lM~~~~~ 700R4 transmission: to a Chevrolet S-10 chassis as described above, openings 80, 35 1, the first step in removal of the original equipment 82 and 84, 86, 88 are sized and positioned to align with transmission 26, unhook the "TV kick down linkexisting openings in the longitudinal frame members 92,94, age. respectively, of the chassis. 2. Pivot and drop the exhaust back to the muffler. Chassis attachment plate 74 is welded to an L-member 3, ~~~i~ the oil pan, 100 that includes a transverse opening and associated grom- 40 4, R~~~~~ the drive shaft, met 104 for receiving one end of a transversely mounted rod 5, ~~k~ out the torque convertor bolts, 110. The other end of rod 110 is supported by a grommet 112 6. Unhook transmission fluid cooler lines (as applicable). in a transverse opening in L-member 116 that is secured to 7, unplug the lock-up plug (wiring harness), chassis attachment plate 76. Thus, the mentioned chassis 8, ~~k~ out cross member 150 (FIG, 1 ~ that supports the ) attachment plates and L-members provide a mechanism for 45 transmission, rotatably mounting an elongate rotatable member (rod 110) 9, unhook the speedometer cable, transversely spanning the vehicle underneath the replace10, Completely unhook the vacuum arrangement and disment transmission, just ahead of the oil pan. card. At the first end of rod 110, adjacent to plate 74 and 11. Remove bellhousing bolts. L-member 100, is a first link 120 that is fixedly secured to so 12. Drop the original equipment transmission 26. rod 110. Link 120 includes an opening 124 that connects 13. As the first step in installing the replacement transmisdirectly to shift rod 18 so that the driver's changing of gears sion 40, the replacement transmission is mechanically through the gear selector lever in the driver's compartment raised into position. may be mechanically transmitted to rod 110 as rotational 14. Install bellhousing bolts (into the same position as with movement of the rod. ss original equipment). A multicomponent assembly is mounted proximate the 15. Install torque convertor bolts to connect the flywheel to the torque convertor 160. opposite end of rod 110 for connecting rod 110 to shift lever 16. Install the dust cover 172 over torque convertor 160. 128 of replacement transmission 40 in such a way that rotational movement of rod 110 serves to operate the shift 17. Hook up lines to the external transmission fluid cooler (as applicable). lever. This assembly comprises a first component 130 that is 60 18. Hook up lines from the transmission cooler to the fixedly secured to rod 110 by welding or the like, and transmission (as applicable). respective pivotally connected links 134 and 138. Opening 140 in link 138 connects directly to shift lever 128. This 19. Install catalytic convertor bracket 170 to replace the three-part assembly may be adjusted in configuration by original bracket due to the new geometry of the replacement transmission. loosening and thereafter tightening the illustrated bolts 145, 65 147 so that it precisely affixes to shift lever 128 for a proper 20. Cut approximately two inches off the mounting tab of the changing of gears in response to the driver's movement of frame cross member 150 in order to provide needed
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clearance for removal of the oil pan after the transmission 3. The combination of claim 2 wherein said multicomreplacement. See the full length of tab 154A in the ponent assembly comprises three components, a first comoriginal equipment view of FIG. 1A and the reduced ponent that projects from and rotates with said elongate member, a second component comprising an intermediate length tab 154B in the view of FIG. 2A. 21. Install the frame cross member 150 to both sides 92, 94 5 link pivotally connected to the first component and a third of the frame to provide support for the rear of the component comprising a link pivotally connected to the transmission and secure the cross member to the transintermediate link. 4. The combination of claim 1 wherein said change-over mission mounts. linkage includes right and left rod support members secured 22. Install change-over linkage 70 as described above and adjust the three-part linkage, Note: Holes 84, 86 are used lo to the right and left sides, respectively, of the vehicle chassis. 5. A change-over linkage for use in a transmission in connection with a 2.5 liter engine replacement and replacement operation for a right handdrivevehicle wherein holes 84, 88 are used for a 2.2 liter replacement when the original transmission having a right side shift lever is connecting left chassis attachment plate 76 to left frame replaced with a replacement transmission having a left side member 94 of the chassis. shift lever, said change-over linkage serving to transversely 23, Reinstall the exhaust system, including hooking the l5 span the replacement transmission and operatively connect catalytic convertor to its bracket, etc. the right side gear selection mechanism of the vehicle to the 24. Reinstall original speedometer cable. left side shift lever on the replacement transmission, said 25. Plug in the wiring harness. change-over linkage comprising: 26. Install modified (shortened) drive shaft 176. (The drive a right side member; shaft is shortened due to the increased length of the 20 a left side support member; replacement transmission.) an elongate member supported for rotational movement at 27, L~~~~the vehicle and reinstall the "TV cablen, utilizing its right and left ends, respectively, by said right and left the universal cable 162 and associated cam 164 that fits on support members; the end of the cable. This assembly hooks to the accelmeans proximate the right end of said elongate member erator and to the throttle of the fuel injector intake to 25 for connecting the gear selection mechanism of the control the shift points for the transmission. vehicle to the elongate member for imparting rotational 28. Add transmission fluid and any other necessary fluids. movement to the elongate member in response to the While the invention has been described in connection driver's selection of gear; and with certain illustrated embodiments, it will be appreciated a multicomponent assembly proximate the left end of said that modifications may be made without departing from the 30 true spirit and scope of the invention. elongate member for connecting the elongate member That which is claimed is: to the shift lever of the replacement transmission, said 1. A change-over linkage in combination with a replacemulticomponent assembly comprising a first compoment transmission installed in a right hand drive vehicle nent projecting from said elongate member and at least one additional link pivotally connected to the first wherein the original transmission with a right side shift lever 35 is replaced with a replacement transmission with a left side component, said at least one additional link attaching to shift lever, said change-over linkage serving to transfer gear the shift lever to convert rotational movement of the selection information emanating from the driver's gear elongate member to movement operating the shift selector lever across the vehicle from the right side to the lever. 6. The change-over linkage of claim 5 wherein said shift lever located on the left side of the replacement 40 transmission and comprising: multicomponent assembly comprises three components, a first component that projects from and rotates with said an elongate member transversely spanning the replaceelongate member, a second component comprising an interment transmission, said elongate member having first mediate link pivotally connected to the first component and and second ends that are rotatably supported; means proximate the first end of said elongate member 45 a third component comprising a link pivotally connected to the intermediate link. connecting the gear selection mechanism of the vehicle 7. A kit for use in replacing the transmission of a right to said elongate member for imparting rotational movehand drive vehicle that has a right side gear selection merit to the member in response to the driver's selecmechanism and a right side shift lever on the transmission tion of gear; and means proximate the second end of said elongate member so with a replacement transmission having a left side shift lever, said kit comprising: for connecting the elongate member to the shift lever of a replacement transmission with left side shift lever and the replacement transmission and thereby converting associated torque convertor; rotational movement of the elongate member to movea drive shaft having the correct length to accommodate ment operating the shift lever of the replacement trans5s the dimensions of the replacement transmission when mission. 2. The combination of claim 1 wherein said means installed; and proximate the second end of said elongate member coma change-over linkage comprising prises a multicomponent assembly proximate the left end of a right side support member; said elongate member connecting the elongate member to a left side support member; an elongate member supported for rotational movement the shift lever of the replacement transmission, said multi- 60 component assembly comprising a first component projectat its right and left ends, respectively, by said right ing from said elongate member and at least one additional and left support members; link pivotally connected to the first component, said at least means proximate the right end of said elongate member one additional link attaching to the shift lever to convert for connecting the gear selection mechanism of the vehicle to the elongate member for imparting rotarotational movement of the elongate member to movement 65 operating the shift lever and providing spatial adjustment tional movement to the elongate member in response between the first component and the shift lever. to the driver's selection of gear; and

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a multicomponent assembly proximate the left end of removing the original transmission and original drive said elongate member for connecting the elongate shaft from a right hand drive vehicle having a right side member to the shift lever of the replacement gear selection mechanism; transmission, said multicom~onentassembly cornraising a replacement transmission with left side shift prising a first component projecting from said rotalever, and associated torque convertor, into position; tional member and at least one additional link pivconnecting the torque convertor to the of the otally connected to the first component, said at least vehicle; one additional link attaching to the shift lever to securing the replacement transmission in place on the convert rotational movement of the elongate member to movement operating the shift lever. 10 vehicle chassis; 8. The kit of claim 7 further including a dust cover, a installing a right-to-left change-over linkage operatively catalytic convertor bracket and a transmission fluid dipstick. connecting the right side gear selection mechanism of 9. The kit of claim 8 further including a cable and the vehicle to the left side shift lever on the replacement associated connector for hooking to the accelerator and the transmission; and throttle of the fuel injector intake of the vehicle to control the IS installing a drive shaft having the correct length to accomshift points for the transmission. modate the dimensions of the replacement transmis10. The kit of claim 7 wherein the multicomponent sion. assembly of said change-over linkage comprises three 12. The method of claim 11 wherein the step of installing components, a first component that projects from and rotates with said elongate member, a second component comprising 20 the change-over linkage comprises rotatably mounting an an intermediate link pivotally connected to the first compoelongate member having right and left ends so that the member transversely spans the replacement transmission, nent and a third component comprising a link connected to the intermediate link. connecting the right end of the elongate member to the gear 1 .A method for replacing the transmission of a right 1 selection mechanism of the vehicle and connecting the left hand drive vehicle that has a right side gear selection 25 end of the elongate member to the shift lever of the replacemechanism and a right side shift lever on the transmission ment transmission. with a replacement transmission having a left side shift * * * * * lever, said method comprising the steps of:

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