Kubota North America Corporation  et al. v. Vermeer Manufacturing Company

Petition

Petition summary

Invalidity analysis

Prosecution analysis

Examiner search

## 1. Case Identification
- Case Number: [IPR2025-00171](https://ai-lab.exparte.com/case/ptab/IPR2025-00171)
- Patent #: [10,202,266](https://ai-lab.exparte.com/patent/10202266)
- Filed: November 15, 2024
- Petitioner(s): Kubota North America Corporation, [Kubota Tractor Corporation](https://ai-lab.exparte.com/party/kubota-tractor-corp)
- Patent Owner(s): [Vermeer Manufacturing Company](https://ai-lab.exparte.com/party/vermeer-mfg-co)
- Challenged Claims: 1-16 and 19-28

## 2. Patent Overview
- Title: Low Profile Compact Tool Carriers
- Brief Description: The [’266](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1001) patent relates to a compact tool carrier designed for standing or walk-behind operation. The system features a loader arm mounted to a mainframe via a four-bar linkage mechanism and an actuator to achieve a vertical lift path for a front-mounted tool.

## 3. Grounds for Unpatentability

#### Ground 1: Claims 1-7, 10-13, and 28 are anticipated by or obvious over KR996.
  - **Prior Art Relied Upon:** Korean Patent No. 10-1041996 ([KR996](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1005)).
  - **Core Argument for this Ground:**
    - **Prior Art Mapping:** Petitioner argued that [KR996](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1005), which was not considered during prosecution, discloses every element of the challenged claims. [KR996](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1005) describes a compact, self-propelled construction vehicle with a standing operator platform (safety step 15) at the rear and a control unit (13). It features a loader unit (40) with a boom (44) that is not directly attached to the mainframe but is instead connected via a four-bar linkage (including links and boom cylinder 46), enabling movement between a down and a vertically raised position. Petitioner asserted that [KR996]'s figures illustrate the claimed spatial relationships, such as the pivot points being forward of the operator platform and below the operator controls.
    - **Key Aspects:** The core of this ground is that a single prior art reference teaches a complete vertical lift, four-bar linkage compact tool carrier, directly contradicting the alleged novelty of the [’266](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1001) patent’s configuration.

#### Ground 2: Claims 8-9 are obvious over KR996 in view of Bares.
  - **Prior Art Relied Upon:** [KR996](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1005), Patent 6,832,659 ([Bares](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1010)).
  - **Core Argument for this Ground:**
    - **Prior Art Mapping:** This ground builds on [KR996](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1005) by adding the teachings of [Bares](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1010) to arrive at claims 8 and 9, which require the rigid frame to define a "pocket" that partially surrounds the operator. Petitioner argued [KR996](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1005) provides the base vehicle with all features of claim 7. [Bares](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1010) was cited for its disclosure of a compact loader with mainframe side plates (104, 106) that extend rearward to create a protective pocket around the operator platform (170).
    - **Motivation to Combine:** A person of ordinary skill in the art (POSITA) would combine the frame extension of [Bares](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1010) with the [KR996](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1005) vehicle to enhance operator safety. Petitioner contended that industry standards, such as [ISO 3457](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1017), suggest providing a guard to prevent operator contact with machine components or debris. Extending the frame as taught by [Bares](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1010) is a simple, predictable way to create such a protective barrier.
    - **Expectation of Success:** The combination was argued to be a straightforward extension of an existing frame on a similar type of machine, yielding the predictable result of increased operator protection without altering the loader’s core functionality.

#### Ground 3: Claims 14-16 and 19-27 are obvious over KR996 in view of Bares and Beltrami.
  - **Prior Art Relied Upon:** [KR996](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1005), [Bares](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1010), and Patent 3,586,195 ([Beltrami](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1008)).
  - **Core Argument for this Ground:**
    - **Prior Art Mapping:** This ground challenges claims reciting specific geometric and dimensional relationships of the loader’s drive mechanism and pivot points. Petitioner asserted a combination of [KR996](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1005) as the base vehicle, modified with the tracked drive mechanism from [Bares](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1010), and further optimized using the pivot point placement principles from [Beltrami](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1008). [Bares](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1010) teaches substituting [KR996]'s wheels with a tracked assembly, including a raised drive sprocket, which was a known alternative for improving traction. [Beltrami](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1008) teaches the benefits of positioning the loader linkage pivot points low on the vehicle frame.
    - **Motivation to Combine:** A POSITA would be motivated to combine these references to create an improved compact tool carrier. The motivation to use tracks from [Bares](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1010) is to enhance performance on soft surfaces. The motivation to apply [Beltrami]'s teachings is to optimize the loader design by lowering the pivot points. [Beltrami](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1008) explicitly states that placing pivot points low on the frame reduces the need for a heavy supporting frame, lowers the vehicle's center of gravity, and improves stability—all well-known engineering principles.
    - **Expectation of Success:** Petitioner argued success would be highly predictable. Substituting wheels with tracks was a common design choice. Adjusting pivot point locations was a routine optimization task for a POSITA designing a four-bar mechanism. Applying [Beltrami]'s technique to the [KR996](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1005)-[Bares](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1010) vehicle would predictably yield the known benefits of improved stability and a more efficient frame design without requiring invention.

## 4. Key Claim Construction Positions
- **"barrier guard" (claims 19, 25):** Petitioner argued this term, which was added during prosecution, should be construed as "a perimeter of the machine structure." This construction was based on the patent specification's language ("the perimeter of the machine structure...forms a barrier guard") and the Patent Owner's own proposed construction during prior litigation. This construction is central to arguing that the basic frame of [KR996](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1005) inherently forms a "barrier guard."

## 5. Arguments Regarding Discretionary Denial
- **§325(d) (Same or Substantially the Same Art or Arguments):** Petitioner argued denial is inappropriate because the primary reference, [KR996](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1005), was never presented to or considered by the USPTO. Furthermore, the petition presents a new invalidity framework based on a single reference showing a vertical lift on a compact tool carrier, whereas the prosecution focused on combining features from a large tractor onto a smaller one.
- **§314(a) (Fintiv Factors):** Petitioner contended that the factors weigh against discretionary denial. The co-pending district court case is in its earliest stages, with the [complaint](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1019) having been recently served and no scheduling order issued. Petitioner asserted that the final written decision in the inter partes review (IPR) would issue around the same time as the median time-to-trial in the relevant district, minimizing any potential inefficiencies.

## 6. Relief Requested
- Petitioner requested the institution of an IPR and the cancellation of claims 1-16 and 19-28 of the [’266](https://ai-lab.exparte.com/docs/ptab/IPR2025-00171/1001) patent as unpatentable.

Kubota targets compact tool carrier patent: Korean prior art cited for anticipation & obviousness of 26 claims on its four-bar vertical lift linkage.

IPR2025-00171

Kubota North America Corporation v. Vermeer Manufacturing Company