Beruflich Dokumente
Kultur Dokumente
: 2211726-00139
Filed on behalf of Unified Patents Inc.
By: David L. Cavanaugh, Reg. No. 36,476
Daniel V. Williams, Reg. No. 45,221
Wilmer Cutler Pickering Hale and Dorr LLP
1875 Pennsylvania Ave., NW
Washington, DC 20006
Tel: (202) 663-6000
Email: David.Cavanaugh@wilmerhale.com
v.
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Patent 9,225,555
Page
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VII. SPECIFIC GROUNDS FOR PETITION ...................................................... 15
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11. Claim 10 is obvious in view of Hohnstein and Agrawal. ......... 67
12. Claim 11 is obvious in view of Hohnstein and Agrawal. ......... 67
13. Claim 12 is obvious in view of Hohnstein and Agrawal. ......... 69
14. Claim 13 is obvious in view of Hohnstein and Agrawal. ......... 69
15. Claim 14 is obvious in view of Hohnstein and Agrawal. ......... 70
16. Claim 15 is obvious in view of Hohnstein and Agrawal. ......... 70
17. Claim 16 is obvious in view of Hohnstein and Agrawal. ......... 70
18. Claim 17 is obvious in view of Hohnstein and Agrawal. ......... 70
19. Claim 18 is obvious in view of Hohnstein and Agrawal. ......... 71
20. Claim 19 is obvious in view of Hohnstein and Agrawal. ......... 71
21. Claim 20 is obvious in view of Hohnstein and Agrawal. ......... 71
VIII. CONCLUSION.............................................................................................. 72
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I. MANDATORY NOTICES
A. Real Party-in-Interest
Petitioner) certifies that Unified is the real party-in-interest, and further certifies
that no other party exercised control or could exercise control over Unifieds
participation in this proceeding, the filing of this petition, or the conduct of any
ensuing trial. In this regard, Unified has submitted voluntary discovery. See
B. Related Matters
US Pat. No. 9,225,555 (555 patent (EX1001)) is owned by General
The 555 patent is the subject of the following district court proceedings:
RWS (E.D. Tex.); General Access Solutions, Ltd. v. LG Electronics, Inc. et al,
1
The assignee listed on the face of the 555 patent is Access Solutions, Ltd. The
public Patent Application Information Retrieval (PAIR) system does not list
assignee information for the 555 patent. Petitioner understands that Access
Solutions, Ltd. has changed its name to General Access Solutions, Ltd.
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Wireless, Inc., 2:16-cv-01350-RWS (E.D. Tex.); General Access Solutions, Ltd. v.
C. Counsel
David L. Cavanaugh (Reg. No. 36,476) will act as lead counsel; Jonathan
Stroud (Reg. No. 72,518), Ashraf Fawzy (Reg. No. 67,914), and Daniel Williams
Pickering Hale and Dorr, LLP, 1875 Pennsylvania Ave., NW, Washington, DC
20006, Tel: (202) 663-6000, Fax: (202) 663-6363, and Unified Patents Inc., 1875
review is sought is available for inter partes review and that Petitioner is not
barred or estopped from requesting an inter partes review challenging the patent
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A. Prior Art Patents and Printed Publications
The following references are pertinent to the grounds of unpatentability
explained below:2
2
The 555 Patent issued from a patent application filed prior to enactment of the
version of this book, which is referred to as Exhibit 1003. Petitioner has also
An inspection of the hardcover version is available for your review upon request.
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as mobile devices and other subscriber units, to communicate wirelessly with each
base station, and defines a coverage area. Mobile devices within the cell transmit
the mobile device and base station, and provides network access to a mobile
device. An access point may cover a limited area, such as a hotel floor or a users
home. An access point may extend transmissions so a signal can cover longer
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distances or be received on the other side of an obstruction. As a relay device, an
access point may alter a transmission method by, for example, using a frequency or
baud rate different from that used by transmissions from the base station. (Id. at
34 (EX1008)).
devices with the network in accordance with a radio protocol, such as Institute of
(EX1008)). The base version of the 802.11 standard was released in 1997.
one cell (e.g., a source cell) to another (e.g., a target cell) as it is moved while still
device does not move to a new cell, but switches to a different channel. (Id. at 37
(EX1008)). A single base station or a single access point may conduct an intra-cell
Well before the earliest filed provisional application of the 555 Patent,
multiple types of wireless systems were developed that used terrestrial base
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stations and access points or relay devices. (Id. at 38 (EX1008)). For example,
that employed a plurality of fixed site repeaters to relay signals of mobile and
from the base station to the mobile station through this intervening wireless
The Background section of the 555 patent describes that many elements of
the challenged claims were known, including base stations, mobile stations, and
that these networks, generally, provide for radio communications with mobile
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stations positioned within communication range of such networks. (Id. at 4:60-65
(EX1001)). The Background further describes the use of access points that are
micro-cellular, or other, area defined by the access point. (Id. at 5:6-8 (EX1001)).
One skilled in the art would have understood that access points are intervening
devices that take communications from one network and pass those
Background of the 555 patent does not explicitly disclose that prior intervening
wireless communication devices, such as access points, included first and second
transceivers, but as described herein, these features were well known in the prior
includes annotations showing a base station 212 providing data to mobile station
and 238.
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The 555 patent does not define what a mobile station 244 is with respect
to Figure 2, but when referencing Figure 3, the 555 patent describes that
[s]ubscriber premises 121 may contain one or more processing devices, such as
exemplary personal computers 331, 332, 333 and 334, and one or more telephones,
including exemplary telephones 341, 342 and 343, that are capable of
the base station and mobile stations. (Id. at abstract (EX1001)); (Kotzin 44
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combination of the first transceiver 224 and the second transceiver 238.
Independent claims 1 and 11 of the 555 patent also describe the wireless
With further reference to Figure 2, due to the connection between the first
transceiver 224 and second transceiver 238, signals that originate at the mobile
station 244 are sent upstream over radio link 246 to the second transceiver 238 and
then to the first transceiver 224 for commuication over the radio link 216 to the
base station 212. (Id. at 8:14-26, Fig. 2 (EX1001)). Analogously, signals are
communicated downstream to the mobile station by way of the radio links 216 and
Aside from the claims, the 555 patent only uses the term signal characteristics
once:
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mobile station and results of such measures or determinations of
communications is effectuated.
if the 555 patent did have a claim requiring that the signal characteristics be
related to a handover, such a claim would be unpatentable in view of the prior art
discussed herein.
(EX1008)).
C. Prosecution History
The 555 patent issued from US Patent Application 13/567,978 (the 978
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Application 11/982,458 (the 458 application) filed on October 31, 2007 now
09/839,499 (the 499 application) filed on April 20, 2001, now U.S. Patent
groups on the following dates: January 19, 2001, March 5, 2001, and February 21,
2001.
The parent 458 application received two Office Actions on the merits
rejecting all pending claims. The first Office Action rejected the only two
pole-like objects, such as utility poles and street lamps. (Gietema at Abstract
(EX1012)).
In response, Patent Owner amended claims 25 and 35 to focus on, inter alia,
the base station being a terrestrial base station and the second transceiver
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broadband communication with a plurality of computing devices. (File History,
A Final Office Action was issued in the 458 parent application that
continued to reject all pending claims. Independent claims 25 and 35 were rejected
(Williams) (EX 1015) in view of US Patent 6,289,213 (Flint) (EX 1016). (File
(EX1016)).
The 458 parent application then went abandoned and the then pending,
amended claims were pursued in the 978 application, i.e., the application of the
555 patent. The 978 application was assigned to a new Examiner in a different
art unit, and shortly thereafter received a first action Notice of Allowability dated
Statement of Reasons for Allowance that cited Williams and Flint, which were
applied against the amended claims in the 458 parent application, and also cited
at 2-3 (9/30/2014) (EX1018). Williams, Flint and Dowling were ostensibly the
best references in the Examiners possession. Unfortunately, the Examiner did not
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appear to know about the references applied herein. As discussed below, the
applied references make up for any alleged deficiencies of Williams, Flint, and
Dowling.
42.100(b); In re Cuozzo Speed Techs., LLC 778 F.3d 1271, 127981 (Fed. Cir.
2015). Any claim term that lacks a definition in the specification is therefore given
a broad interpretation.4 In re ICON Health & Fitness, Inc., 496 F.3d 1374, 1379
(Fed. Cir. 2007). Under the broadest reasonable interpretation standard, claim
terms are given their ordinary and customary meaning, as they would be
understood by one of ordinary skill in the art, in the context of the disclosure. In re
Translogic Tech., Inc., 504 F.3d 1249, 1257 (Fed. Cir. 2007). Any special
definition for a claim term must be set forth in the specification with reasonable
Cir. 1994).
4
Petitioner applies the broadest reasonable construction standard as required by
applicable.
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The following proposes a construction and offers support for that
construction. Any claim terms not included should be given their broadest
those of ordinary skill in the art. Should the Patent Owner, to avoid the prior art,
contend that a claim term has a construction different from its broadest reasonable
interpretation, the appropriate course is for the Patent Owner to seek to amend the
The 555 patent describes that integrated access device 224 forms a rack-
assembly having expansion slots to receive expansion cards. (555 patent at 8:32-
access device communicates via radio link 246 to other devices, such as mobile
station 244. (Id. at 8:9-13; 35-36; Fig. 2 (EX1001)). The 555 patent further
antenna, main assembly, DC battery, and AC/DC converter. (Id. patent at 9:30-44
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(EX1001)). Thus, the proposed construction is consistent with the specification of
the limitations of the challenged claims of the 555 Patent, and how these claims
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located within coverage area 24 establishes a two-way wireless link 28 with the
access point 22 that provides the coverage area. (Id. at 4:17-19, Fig. 1 (EX1002)).
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telephone. (Id. at 4:24-28 (EX1002)). Information transmitted on link 28
represents data such as streaming video or voice data. (Id. at 4:47-49 (EX1002)).
link 42. (Id. at 5:42-47 (EX1002)). A distribution point 40 receives data packets
from other distribution points 40, and forwards such packets to access points 22.
(Id. at 6:34-43 (EX1002)). Each respective access point 22 then passes the packet
to a destination subscriber unit 26 within its coverage area 24 via link 28. (Id. at
Distribution point 40 can also receive packets from subscriber units 26 via
systems. (Id. (EX1002)). For example, a distribution point 40 can determine that a
20, and can transmit the packet to its destination via a gateway 50. (Id. at 6:55-58
(EX1002)).
for connecting with additional distribution points 40 and a supervisor 56. (Id. at
8:49-52 (EX1002)). Back end communication interface 106 also can provide
connection between the distribution point 40 and the Internet. (Id. at 8:52-54
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(EX1002)). Figure 2, reproduced below, shows the structure and back end
Back end interface 106 can accept modules 110 for interfacing with a variety
1000Base-T, and 100Base-T. (Id. at 8:61-64 (EX1002)). Moreover, each back end
interface 106 can pass information packets through a common back end switch
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interface 112 that operates under a pack protocol such as ATM or TCP/IP. (Id. at
8:64-67 (EX1002)).
ordinary skill in the art would have understood that distribution point 40 is a base
below.
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As shown by Figure 11, antenna module 502 includes a backhaul system
antenna 552 attached to backhaul data terminal 554. (Id. at 15:17-18 (EX1002)).
Backhaul data terminal 554 forms a first transceiver of antenna module 502.
(Kotzin 71 (EX1008)).
Antenna module 502 also includes access system 564. (Hohnstein at 15:29-
access antenna 570 forms a directional coverage area 24. (Id. at 15:33-34
566 and forms an omnidirectional coverage area 24. (Id. at 15:38-40, 44-45
backhaul antenna 552 and converted to a digital baseband format by backhaul data
(EX1008)). The packets are then converted from the digital baseband format to a
broadband format by access data terminal 566 and transmitted using access
(Kotzin 73 (EX1008)).
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For upstream communication, information packets are received from a
subscriber unit by access antenna 570 and converted to a digital baseband format
74 (EX1008)). The packets are then converted from the digital baseband format
(Kotzin 74 (EX1008)).
2. Overview of Phillips
(EX1003)). To wit, Phillips discloses a wireless relay station (WRS) that relays
radio transmissions from a fixed part (FP) to a cordless terminal adapter (CTA).
The FP corresponds to a base station, and the CTA corresponds to a portable part
(PP), such as a mobile device or subscriber unit. (Phillips at 22-24, Section 2.1.1;
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annotated Figure 8.12(a), which shows how the WRS has separate elements that
One kind of fixed part is a radio fixed part (RFP). The WRS acts toward a
between a WRS and an RFP. (Phillips at 271, Section 8.8 (EX1003)); (Kotzin 76
(EX1008)). RFPs can include several radio transceivers. (Phillips at 62, Section
3.2.3 (EX1003)); (Kotzin 76 (EX1008)). Therefore, one of ordinary skill in the art
would have understood that a WRS can also include several radio transceivers in
a mobile device and a WRS on a new channel before dropping an old channel
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Bearers are bit pipes that carry data across an air interface and form a
performed when the radio frequency signal level in a connection between a fixed
part (or a WRS) and a mobile device is too low. (Phillips at 163, Section 5.6.3
set of bearers for a new connection before an error rate of an old connection caused
by noise or poor signal strength, for example, impacts the old connections quality.
(Phillips at 124, Section 5.2.4 (EX1003)); (Kotzin 77 (EX1008)). Once the new
uses the term bearer handover to describe this handover procedure, which adjusts
communication between elements, one of ordinary skill in the art would have
via wireless link 28 with a subscriber unit 26 located within a coverage area 24
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provided by the access point. (Id. at 4:17-19, Fig. 1 (EX1002)). Access point 22
also communicates with at least one base station 40 via a radio link 42. (Id. at
5:42-47 (EX1002)).
antenna module 502. (Id. at 13:40-46; 15:7-12 (EX1002)). Antenna module 502
includes a backhaul system 550 and an access system 564. (Id. at 15:15-18. 29-33
(EX1002)). Access system 564 includes a directional access antenna 570 and
omnidirectional antenna 574 attached to an access data terminal 566. (Id. at 15:29-
33, 38-40, 44-45 (EX1002)). These antennas form coverage area 24. (Id. at 15:33-
terminal 554 connect antenna module 502 to base station 40 via a radio link 42,
which is a wireless link, and transmit/receive data packets over this connection.
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between an access point 22 (formed by antenna module 502) and a base station 40
is direct when there are no intervening nodes between the elements. (Kotzin 83
at 9:22-24 (EX1002)). Base station 40 can also be connected to back end elements
(EX1002)). One of ordinary skill in the art would have understood that base
attached to the ground by the pole or building that it is mounted on, and can be
owner amended these to recite a terrestrial base station. See Supra, p. 11.
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It therefore follows that backhaul data terminal 554 is a first transceiver that
(EX1008)).
via wireless radio link 42, and is direct as previously noted and shown above with
(EX1008)). The base station is also a terrestrial base station as previously noted
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d) and [the wireless communication device comprising:]
a second wireless local area network transceiver in direct
wireless broadband communication with a plurality of
computing devices located within a coverage area of the
second transceiver,
system 564 includes a directional access antenna 570 and omnidirectional antenna
574 attached to an access data terminal 566. (Id. at 15:29-33, 38-40, 44-45
(EX1002)). These antennas form coverage area 24. (Id. at 15:33-34, 38-40, 44-45
(EX1002)). Access data terminal 566 and its antennas transmit and receive data
communication, access data terminal 566 converts data packets from a digital
(Kotzin 88 (EX1008)). The data packets in the broadband format are then
(EX1008)).
Access point 22, which is formed by antenna module 502, is a local radio
access point (LRAP) and defines a coverage area 24 using antennas 570 and 574
(EX1002)). Therefore, access data terminal 566 and antennas 570 and 574, define
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a local area network by defining coverage area 24. (Kotzin 89 (EX1008)).
Access data terminal 566 is therefore a wireless local area network transceiver.
(Id. (EX1008)).
two-way wireless link 28 with the access point 22 that provides the coverage area.
22 and each subscriber unit 26 because there are no intervening nodes, as shown
Therefore, access data terminal 566 forms a second wireless local area
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plurality of subscriber units 26 located in coverage area 24. (Kotzin 91
(EX1008)).
15:25-26 (EX1002)). Access data terminal 566 (the identified second transceiver)
is connected to junction box 562 by access cable 568. (Id. at 15:31-32 (EX1002)).
Access terminal 566 and backhaul data terminal 554 are therefore coupled to each
other via junction box 562. (Kotzin 92 (EX1008)). Hohnstein therefore discloses
destined for a subscriber unit 26 within a coverage area 24, and forwards the
packet to the respective access point 22 (formed by antenna module 502) that
backhaul data terminal 554. (Id. at 2:50-52; 16:10-12 (EX1002)). The packet is
then sent to a subscriber unit via access data terminal 566 and directional access
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antenna 570 and/or omnidirectional antenna 574. (Id. at 2:52-54; 4:47-49; 6:38-43;
16:12-14 (EX1002)).
receives packets from base station 40 that form a first signal and are intended for a
particular signal to access point 22. (Id. at 8:20-24 (EX1002)). Information is also
based on factors such as quality of service, traffic, location, service type, and
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Antenna module 502, which includes access data terminal 566, forms access
a second wireless local area network transceiver and communicates with subscriber
units 26 within coverage range 24 provided by antennas 570 and 574. (Id.
(EX1008)).
Therefore, one of ordinary skill in the art would have understood that access
subscriber unit 26 (the first computing device) as claimed because terminal 566
subscriber unit 26, and decides whether subscriber unit 26 is powered up or down.
(Id. at 98 (EX1008)). One of ordinary skill in the art would further have
understood that access data terminal 566 would have transmitted packets that form
the identified first signal to subscriber unit 26 based on the determination from
determination indicates that subscriber unit 26 can receive data. (Id. (EX1008)).
Hohnstein further discloses that quality error bit rate is determined for each
subscriber unit 26 that communicates with an access point 22. (Hohnstein at 5:1-7
(EX1002)). The quality error bit rate is changed to reflect noise, demand, or
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(EX1008)). Applications providing services to subscriber unit 26 adjust their
service based on the quality error bit rate. (Hohnstein at 5:12 (EX1002)). For
example, an application that transmits streaming audio and video data to subscriber
unit 26 reduces a frame rate of the data it sends as noise increases. (Id. at 5:13-15,
Therefore, Hohnstein discloses using the quality error bit rate of a subscriber
unit 26 (e.g., signal characteristics of a subscriber unit 26) to determine how audio
and video data should be transmitted to a subscriber unit 26 (the first computing
To the extent that the patent owner argues or may argue that Hohnstein does
not explicitly disclose that access terminal 566 (the identified second transceiver)
device), Philips discloses a wireless relay station (WRS) that communicates with
both a base station and a portable part. (Phillips at 22-24, Section 2.1.1; 269-271,
Sections 8.7.1-8.8 (EX1003). One of ordinary skill in the art would have
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The WRS forms a wireless local area network for communication with
subscriber units. (Phillips at 270 and 271, Sections 8.7.3-8.8 (EX1003)); (Kotzin
103 (EX1008)). The WRS acts toward subscriber units exactly as if it were a
base station. (Phillips at 271, Section 8.8 (EX1003)); (Kotzin 103 (EX1008)).
Base stations may include several radio transceivers. (Phillips at 62, Section 3.2.3
(EX1003)); (Kotzin 103 (EX1008)). Therefore, one of ordinary skill in the art
would have understood that the WRS may similarly include several radio
(EX1008)). Further, Figure 8.12(a) of Phillips shows the WRS with two separate
antennas, which at least suggests that the WRS may include two transceivers.
(Phillips at 270 and 271, Section 8.8 (EX1003)); (Kotzin 103 (EX1008)).
Therefore, one of ordinary skill in the art would have understood that in such a
case, the WRS of Phillips would include a second wireless local area network
where a communication channel between a fixed part (such as a base station) and a
99, Section 4.4.3; 163, Section 5.6.3 (EX1003)); (Kotzin 104 (EX1008)). Bearer
handover occurs when measurements of a radio frequency signal level (i.e., signal
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and subscriber unit (i.e., a fist computing device) are too low. (Phillips at 163,
Section 5.6.3 (EX1003)); (Kotzin 104 (EX1008)). The base station sends a
take place. (Phillips at 163, Section 5.6.3 (EX1003)). The subscriber unit
thereafter initiates the bearer handover and once new channel bearers are
62, Section 3.2.3 (EX1003)); (Kotzin 105 (EX1008)). In the receiving structure
which are measurements of the received radio frequency signal level (i.e., signal
handover if the RSSI indicates that the received signal level is too low. (Kotzin
105 (EX1008)).
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Moreover, after handover to the new channel is suggested and thereafter
performed, one of ordinary skill in the art would have understood that the
would transmit data signals to the subscriber unit (first computing device) over the
new channel. (Id. at 106 (EX1008)). This transmission would be based on the
determined RSSI signal characteristics because it is sent over the new channel that
resulted from the bearer handover suggested based on RSSI signal characteristics.
(Id. (EX1008)).
Since the WRS acts as a base station as noted above, one of ordinary skill in
the art would have understood that the WRS would include a transceiver (such as a
computing device), and thereafter suggests bearer handover if the RSSI indicates
performed, one of ordinary skill in the art would have understood that the
transceiver (second transceiver) of the WRS would transmit data signals to the
subscriber unit (first computing device) over the new channel. (Id. at 108
characteristics because it is sent over the new channel that resulted from the RSSI
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measurements and the bearer handover suggested based on RSSI signal
Therefore, one of ordinary skill in the art would have understood that the
WRS of Phillips would include a second wireless local area network transceiver
that determines signal characteristics of a first computing device, and that the
second transceiver would transmit a first signal to the first computing device based
on the determined signal characteristics of the first computing device. (Id. at 109
(EX1008)).
One of ordinary skill in the art would have been motivated to substitute
Hohnsteins antenna access terminal 566 (second transceiver) with Phillips second
Alternatively, even if one argues that Phillips did not explicitly disclose a second
ordinary skill in the art would have been motivated to modify Hohnsteins access
terminal 566, which is a second transceiver, with the bearer handover functionality
of Phillips. (Id. (EX1008)). These motivations would have been present for at
One of ordinary skill in the art would have wanted to maximize the
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one of ordinary skill in the art would have recognized the high degree of variability
mobile devices used across geographic areas, or the operation of devices in non-
static radio environments such as a home or office where moving people and
combination of Hohnstein and Phillips would provide a system that helps ensure
a quality error bit rate is established for each subscriber unit 26.
This quality error bit rate may be based on the location of subscriber unit
26 within communication system 20, the data or transmission rate of
service assigned to subscriber unit 26, or any other suitable parameter.
(Hohnstein at 5:1-8 (emphases added) (EX1002)).
Hohnstein discloses that the quality error bit rate changes to reflect noise
connectivity:
The quality error bit rate may be modified while subscriber unit 26
is within communication system 20 to reflect changing conditions such as
noise, demand, connectivity, or any other suitable parameter. Applications
providing services to subscriber unit 26 may adjust these services based on
the quality error bit rate. For example, an application providing streaming
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audio and video may reduce the frame update rate as noise increases,
guaranteeing successful transmission at a lower information rate.
(Id. at 5:8-17 (emphases added) (EX1002)).
portable parts (PPs) and the FPs periodically create and maintain
maps of the signal strength they receive on each of the PHLs physical
channels.
(Phillips at 123, Section 5.2.4 (emphasis added) (EX1003)).
The physical channels that carry the data for a connection may
from time to time suffer interference. Also, if the portable is mobile, the
received signal strength from a fixed station may become too weak to
support a connection. In such cases, the MAC layer provides what is called
bearer handover.
(Id. at 123-124, Section 5.2.4 (emphases added) (EX1003)).
and video data to a subscriber unit, a frame update rate of the data is adjusted based
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on a quality error bit rate. (Hohnstein at 5:8-17 (EX1002)); (Kotzin 115
(EX1008)). Furthermore, an improvement to the quality error bit rate allows for an
that channels signal strength is too weak. (Phillips at 123-124, Section 5.2.4 (EX
Therefore, one of ordinary skill in the art would have been motivated to
wireless connectivity for subscriber devices. (Kotzin 117 (EX1008)). Given the
similarities between Hohnstein and Phillips, one of ordinary skill who was familiar
with Hohnstein and then read Phillips would have been motivated to improve
(EX1008)).
The system of Hohnstein would have been improved using the transceiver
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(EX1008)). Rather than adjusting service to a subscriber unit 26 based on quality
error bit rate such that audio and video is provided at a lower data rate, handover
would be performed to a new channel. (Id. (EX1008)). Transmission over the new
channel would provide the audio and video to subscriber unit 26 at an appropriate
and adjusting the connection based on the observations. (Id. at 119 (EX1008)).
including the circuitry software and/or functionality that one of ordinary skill in the
art would have associated with Phillips second transceiver in Hohnsteins antenna
module 502, and providing bearer handover capabilities that allow the second
suggest the bearer handover to subscriber unit 26, and thereafter transmit signals
over a new channel after handover (i.e., based on the determined signal
access data terminal 566 (the identified second transceiver) of Hohnstein with that
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signal characteristics) of subscriber unit 26, suggesting the bearer handover to
subscriber unit 26, and thereafter transmitting signals over a new channel after
handover (i.e., based on the determined signal characteristics) to subscriber unit 26.
(Kotzin 120 (EX1008)). One of ordinary skill in the art would have been able to
access data terminal 566 (the identified second transceiver). (Hohnstein at 15:29-
establishes a two-way wireless link 28 with the access point 22 that provides the
communication, data packets are received from a subscriber unit by access antenna
570 and converted to a digital baseband format by access data terminal 566. (Id. at
2:55-57; 16:14-15 (EX1002)); (Kotzin 121 (EX1008)). The packets are then
data terminal 554, and transmitted using backhaul antenna 552 to a base station 40.
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(Hohnstein at 2:57-59; 16:8-10 (EX1002)); (Kotzin 121 (EX1008)). A base
One of ordinary skill in the art would therefore have understood that data
packets sent by subscriber unit 26 to access data terminal 566 (the second
transceiver) would form a second signal, and were intended for base station 40 so
that they could be forwarded to the correct destination. (Kotzin 122 (EX1008)).
Packets are received by access antenna 570 from a subscriber unit, converted to a
digital baseband format by access data terminal 566, converted from the digital
transmitted using backhaul antenna 552 to base station 40. (Hohnstein at 2:55-59;
One of ordinary skill in the art would therefore have understood that the first
transceiver formed by backhaul data terminal 554 transmits the information packet
that forms the second signal to base station 40. (Kotzin 123 (EX1008)).
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4. Claim 2 is obvious in view of Hohnstein and Phillips.
and backhaul data terminal 554 (identified first transceiver) are coupled to each
other via junction box 562. (Hohnstein at 15:25-26, 31-32 (EX1002)). Access data
terminal 566 is connected to junction box 562 by access cable 568. (Id. at 15:31-
32 (EX1002)). One of ordinary skill in the art would have understood that access
data terminal 566 is removable from junction box 562 by disconnecting access
cable 568, and is therefore removably coupled to backhaul data terminal 554.
access antenna 547 are attached to access data terminal 566. (Hohnstein at 15:31-
566 via cabling. (Id. at 15:38-40, 44-45 (EX1002)). Antenna module 502 (the
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One of ordinary skill in the art would have understood that access data
terminal 566 could have been removed from omnidirectional antenna 574 by
disconnecting the cabling that attached those elements together. (Kotzin 127
fixed-site subscriber station because it is fixed and mounted to vertical pole 504,
and subscribes to a base station 40 which services it. (Id. at 5:42-47 (EX1002));
pole 504. (Hohnstein at 13:45-46 (EX1002)). One of ordinary skill in the art
would have understood that since antenna module 502 can be mounted on a pole,
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antenna module 502 can also be mounted on the outside of a building. (Kotzin
129 (EX1008)).
(embodied by antenna module 502) each establish a wireless link 28 with the
access point 22 that provides the coverage area. (Hohnstein at 4:17-19, Fig. 1
Therefore, one of ordinary skill in the art would have understood that
antenna module 502 could have been mounted on the outside of a building and at
least some of the plurality of subscriber units 26 that antenna module 502
communicates with could have been located inside the building. (Id. at 131
(EX1008)).
circuit 520 and an electrical storage device 522, which can be one or more
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provides power via hot cable 532 and neutral cable 534 to a light system 508, as
shown by Figure 10. (Id. at 14:25-27, Fig. 10 (EX1002)). Power adapter 512 taps
into hot cable 532 and neutral cable 534 to provide power for antenna module 502.
Therefore, antenna module 502 receives its power supply from a battery
power source and an AC power source. One of ordinary skill in the art would have
found it obvious to have antenna module 502 comprise both the AC power source
and a battery power source in order to ensure that antenna module 502 maintains
power and has a backup supply of power if one of the power sources malfunctions.
supply and a battery power supply. If AC power supplied by light system 508 does
not meet the requirements of antenna module 502, power conversion equipment
such as transformers and voltage converters can be included in power box 518 so
(EX1002)).
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Since it is determined when supplied AC power does not meet the power
requirements of antenna module 502, one of ordinary skill in the art would have
device 522 should be supplied to antenna module 502. (Kotzin 135 (EX1008)).
Moreover, one of ordinary skill in the art would have found it obvious that when
power supplied by AC power supply 530 and charge/discharge circuit 520 and an
electrical storage device 522 is not sufficient to power antenna module 502,
backhaul data terminal 554 would alarm a base station 40 that is transmitting
packets to it in order to alert that the access point will no longer service subscriber
terminal 554 (identified first transceiver), and transmitted using backhaul antenna
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A base station 40 determines that a packet is destined for a subscriber unit
26 within a coverage area 24, and forwards the packet to the respective access
point 22 that forms the coverage area. (Id. at 6:38-43 (EX1002)). The access point
22 then passes the information packet to the destination subscriber unit 26 via link
Therefore, packets are sent from backhaul data terminal 554 (identified first
that outputs the packets over a wireline, such as coaxial cable or twisted pair cable,
Thus, backhaul data terminal 554 therefore communicates via wireline with at least
34 is a personal computer.
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11. Claim 9 is obvious in view of Hohnstein and Phillips.
(EX1002)). Therefore, base station 40 can send and receive information from the
point 22 that passes the packets to a destination subscriber unit 26 via link 28.
VII.A.3.b and VII.A.3.f, backhaul data terminal 554 (identified first transceiver) of
antenna system 502 (which forms access point 22) is in direct wireless
communication with a terrestrial base station 40, and receives a first signal from
the base station. The first signal includes data traffic from the Internet when base
station 40 receives packets from the Internet destined for the destination subscriber
unit 26 via back end communication interface 106. (Kotzin 140 (EX1008)).
link 28 with the access point 22 that provides the coverage area. (Hohnstein at
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from a subscriber unit by access antenna 570 and converted to a digital baseband
format by access data terminal 566. (Id. at 2:55-57; 16:14-15 (EX1002)). The
packets are thereafter transmitted using backhaul antenna 552 to a base station 40.
(Id. at 2:57-59; 16:8-10 (EX1002)). A base station 40 can determine that the
information packet is destined for the Internet, and transmit the information packet
transmitted via link 28 from a subscriber unit 26 (the identified second signal)
discloses that access point 22, embodied by antenna module 502, is a first wireless
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c) the first wireless communication device comprising: a
first transceiver coupled to a first antenna, the first
transceiver operable to communicate with a terrestrial base
station in direct wireless communication with a plurality of
wireless communication devices,
this element. Moreover, Hohnstein discloses that backhaul data terminal 554 is
(EX1008)).
formed by access point 22 that communicates with base station 40 is one of the
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plurality of wireless communication devices that base station 40 communicates
also discloses that directional access antenna 570 and omnidirectional antenna 574
are coupled to access data terminal 566. (Hohnstein at 15:29-33, 38-40, 44-45
(EX1002)).
the extent that the patent owner argues or may argue that Hohnstein does not
explicitly disclose that access terminal 566 (the identified second transceiver)
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the computing device based on the determined signal characteristics, Phillips
are received from a subscriber unit by access antenna 570 and converted to a
digital baseband format by access data terminal 566. (Hohnstein at 2:55-57; 16:14-
15 (EX1002)). The information packets are then converted from the digital
transmitted using backhaul antenna 552 to a base station 40. (Id. at 2:57-59; 16:8-
10 (EX1002)).
forms the second signal. (Kotzin 187 (EX1008)). Therefore, the first transceiver
formed by backhaul data terminal 554 transmits the information packet that forms
the second signal to base station 40 via backhaul antenna 552 in response to the
information packet being received from a subscriber unit by access data terminal
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14. Claim 12 is obvious in view of Hohnstein and Phillips.
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19. Claim 17 is obvious in view of Hohnstein and Phillips.
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B. Ground II: Claims 1-20 are rendered obvious by Hohnstein and
Agrawal
1. Overview of Agrawal
Agrawal discloses a power control and error correction technique for mobile
Agrawal.
base station 13. (Id. at 3: 62-65 (EX1005)). Interference 16 may be present, and
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can interfere with communications link 15. (Id. at 3:66-4:2 (EX1005)). When
interference 16 is present, power control and error correction is used to manage the
Mobile unit 14 periodically monitors the received signal strength and word
error rate (WER) of a connection with base station 13. (Id. at 5: 24-25 (EX1005)).
Base station 13 uses the monitored signal strength and WER for setting power and
mobile unit 14 moves away from base station 13 and the WER observed by mobile
unit 14 increases beyond a predetermined upper limit, mobile unit 14 informs base
station 13 of the drop in channel quality. (Id. at 5: 39-43 (EX1005)); (Kotzin 208
(EX1008)). Base station 13 changes the power level and/or encoding level of the
mobile unit 14 of the change in encoding so that mobile unit 14 can use the correct
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c) wherein the terrestrial base station is in direct wireless
communication with a plurality of wireless communication
devices; and
As noted above in Section VII.A.3.c, Hohnstein discloses this element.
VII.A.3.g. However, to the extent that the patent owner argues or may argue that
Hohnstein does not explicitly disclose that access terminal 566 (the identified
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transmits a signal to the computing device based on the determined signal
during connection with base station 13, mobile unit 14 periodically monitors the
received signal strength and word error rate (WER) (i.e., signal characteristics of
mobile unit 14). (Agrawal at 5: 24-25 (EX1005)). If mobile unit 14 moves away
from base station 13 and the WER observed by mobile unit 14 increases beyond a
predetermined upper limit, mobile unit 14 informs base station 13 of the drop in
changes the power level and/or encoding level of the communication channel with
mobile unit 14 based on this feedback, and thereafter transmits over the adjusted
determined signal strength and WER signal characteristics of mobile unit 14). (Id.
unit 14 about the drop in channel quality, the base station determines signal
characteristics of mobile unit 14. (Kotzin 217 (EX1008)). Moreover, when base
station 13 changes the power level and/or encoding level of the communication
channel with mobile unit 14 based on this feedback and thereafter transmits over
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the adjusted communication channel, base station 13 is transmitting a signal to
One of ordinary skill in the art would have wanted to maximize the
Furthermore, one of ordinary skill in the art would have recognized the high degree
involving mobile devices used across geographic areas, or the operation of devices
combination of Hohnstein and Agrawal would have provided a system that helps
a quality error bit rate is established for each subscriber unit 26.
This quality error bit rate may be based on the location of subscriber unit
26 within communication system 20, the data or transmission rate of
service assigned to subscriber unit 26, or any other suitable parameter.
(Hohnstein at 5:1-8 (emphases added) (EX1002)).
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Hohnstein discloses that the quality error bit rate changes to reflect noise
The quality error bit rate may be modified while subscriber unit 26
is within communication system 20 to reflect changing conditions such as
noise, demand, connectivity, or any other suitable parameter. Applications
providing services to subscriber unit 26 may adjust these services based on
the quality error bit rate. For example, an application providing streaming
audio and video may reduce the frame update rate as noise increases,
guaranteeing successful transmission at a lower information rate.
(Hohnstein at 5:8-17 (emphases added) (EX1002)).
If the mobile unit is moving away from the base station and the
word-error rate observed by the mobile increases beyond a predetermined
upper limit, WERu, the mobile unit advantageously informs the base station
of the drop in the channel quality and the base station changes the power
level and/or the encoding level based on this feedback.
(Agrawal at 5: 39-45 (emphases added) (EX1005)).
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power observed at the receiver and the noise/interference level seen by the
receiver.
(Agrawal at 5: 48-53 (brackets and emphases added) (EX1005)).
and video data to a subscriber unit, a frame update rate of the data is adjusted based
(EX1008)). Furthermore, an improvement to the quality error bit rate allows for an
characteristics), and adjusted based on the drop of channel quality (i.e., transmit
signals over the adjusted channel and therefore based on the signal characteristics).
provide a feedback loop used for changing the power and encoding level of a
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provides improvement to quality error bit rate of a transmitted data. (Kotzin 224
(EX1008)).
Therefore, it would have been obvious to a person of ordinary skill in the art
to have combined the adjustment and feedback techniques of Agrawal with the
improved connection quality. (Kotzin 225 (EX1008)). One of ordinary skill who
was familiar with Hohnstein and then read Agrawal would have been motivated to
an acceptable quality between an access point and subscriber unit, and also
provided the adjustment of signal power to improve Hohnsteins quality error bit
rate. (Id. (EX1008)). The improvement to Hohnsteins quality error bit rate
would then have provided an improvement in the quality of transmitted data. (Id.
(EX1008)). Modifying Hohnstein with Agrawal would also have had a reasonable
chance of success because both systems rely on observing channel quality and
by modifying the antenna access data terminal 566 (the identified second
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transceiver) of Hohnstein with known circuitry and/or software to determine signal
characteristics, adjust signal power, and thereby transmit signals based on the
(EX1005)); (Kotzin 226 (EX1008)). One of ordinary skill in the art would have
(EX1008)).
the context of a base station (i.e., base station 13), this functionality would have
been readily implemented in antenna access data terminal 566 (the identified
second transceiver) of Hohnstein because both elements provide the entry point for
502, uses antenna access data terminal 566 and its antennas to communicate
directly with subscriber units 26, and antenna access data terminal 566 provides the
entry point for subscriber units into communication system 20. (Hohnstein at 4:10-
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base station 13 communicates directly with mobile units 14 and provides the entry
Therefore, one of ordinary skill in the art would have been motivated to
modify the access data terminal 566 (the identified second transceiver) of
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4. Claim 3 is obvious in view of Hohnstein and Agrawal.
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9. Claim 8 is obvious in view of Hohnstein and Agrawal.
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station in direct wireless communication with a plurality of
wireless communication devices,
As noted above in Section VII.A.13.c, Hohnstein discloses this element.
this limitation. To the extent that the patent owner argues or may argue that
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Hohnstein does not explicitly disclose that access terminal 566 (the identified
VII.B.2.g.
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15. Claim 14 is obvious in view of Hohnstein and Agrawal.
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19. Claim 18 is obvious in view of Hohnstein and Agrawal.
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VIII. CONCLUSION
Based on the foregoing, the challenged claims of the 555 Patent are
these claims.
Respectfully Submitted,
/David L. Cavanuagh/
David L. Cavanaugh
Registration No. 36,476
Jonathan Stroud
Registration No. 72,518
Ashraf Fawzy
Registration No. 67,914
Daniel V. Williams
Registration No. 45,221
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Table of Exhibits for U.S. Patent 9,225,555 Petition for Inter Partes Review
Exhibit Description
1001 US Pat. No. 9,225,555 (the 555 patent)
1002 US Pat. No. 6,816,706 (Hohnstein)
Personal Wireless Communication with DECT and PWT by
1003 John A. Phillips and Gerard Mac Namee (Phillips)
(Photocopies of pages from hardcover version)
Personal Wireless Communication with DECT and PWT by
1004
John A. Phillips and Gerard Mac Namee (Electronic version)
1005 US Pat. No. 5,722,051 (Agrawal)
1006 US Pat. 5,890,055 (Chu)
1007 US Pat. 5,479,400 (Dilworth)
1008 Declaration of Dr. Kotzin
1009 File History, Application (8/6/2012)
1010 File History, Office Action (10/13/2010)
1011 US Pat. No. 6,035,178 (Chennakeshu)
1012 US Pat. No. 6,222,503 (Gietema)
1013 File History, Amendment (4/13/2011)
1014 File History, Office Action (7/6/2011)
1015 US Pat. No. 5,475,735 (Williams)
1016 US Pat. No. 6,289,213 (Flint)
1017 US Pat. No. 7,292,844 (Dowling)
1018 File History, Notice of Allowability (9/30/2014)
1019 Petitioners Voluntary Responses to Interrogatories
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WORD COUNT CERTIFICATE OF COMPLIANCE
I hereby certify that the foregoing, Petition for Inter Partes Review, contains
13898 words as measured by the word processing software used to prepare the
Respectfully submitted,
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CERTIFICATE OF SERVICE
I hereby certify that on March 30, 2017, I caused a true and correct copy of
Petition for Inter Partes Review of U.S. Patent No. 9,225,555 Under 35
U.S.C. 312 and 37 C.F.R. 42.104
Exhibit List
Exhibits for Petition for Inter Partes Review of U.S. Patent No. 9,225,555
(EX10011019)
Word Count Certificate of Compliance
Fee Authorization
Power of Attorney
on PAIR:
/Daniel V. Williams/
Daniel V. Williams
ii