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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`Attorney Docket No.: 01048-21IP891
`
` Hays et al.
`In re Patent of:
`U.S. Patent No.: 5,659,891
`Issue Date:
`Aug. 19, 1997
`Appl. Serial No.: 08/480,718
`Filing Date:
`Jun. 7, 1995
`Title:
`MULTICARRIER TECHNIQUES IN BANDLIMITED
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`CHANNELS
`CORRECTED1 DECLARATION OF DR. BEHNAAM AAZHANG
`1. My name is Dr. Behnaam Aazhang, of Houston, Texas. I understand
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`that I am submitting a declaration offering technical opinions in connection with the
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`above-referenced Inter Partes Review proceeding pending in the United States
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`Patent and Trademark Office for U.S. Patent No. 5,659,891 (“the ’891 patent”), and
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`prior art references relating to its subject matter. My current curriculum vitae is
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`attached and some highlights follow.
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`1 The only changes to this declaration as compared to my previously submitted
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`Declaration are (i) the change in title, (ii) this footnote (iii) a sentence added to
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`paragraph 20, and (iv) paragraphs K15 to K51 below, added so as to physically
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`reproduce paragraphs 15 to 51 from the Declaration of Dr. Kakaes, which I
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`previously had incorporated by reference in my earlier declaration, so that
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`someone wishing to cite those paragraphs representing my testimony can review
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`this Corrected Declaration without also having to review Dr. Kakaes’ declaration.
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`TMO1014
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`2.
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`I have over thirty (30) years of experience in electrical and computer
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`engineering in wireless communications with a focus on the interplay of
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`communication systems and networks, including network coding, user cooperation,
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`spectrum sharing, and opportunistic access. I attended the University of Illinois at
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`Urbana-Champaign from 1979 to 1986, where I earned a Bachelor of Science, a
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`Master of Science, and a Ph.D. in Electrical and Computer Engineering.
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`3.
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`In 1985 I joined the faculty of Electrical and Computer Engineering at
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`Rice University as an Assistant Professor. In 2001, I became the J. S. Abercrombie
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`Professor, at Rice University. At Rice, I have been teaching undergraduate courses
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`in communication theory and systems, and developed a hands-on education
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`laboratory for digital communications. I also teach graduate courses in the area of
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`communication engineering, including wireless communications, random
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`processes, detection and estimation theory, information and coding theory, spread
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`spectrum communication systems, and topics in multiple access communications.
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`In addition, I have received several NSF and NASA research grants, as well as
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`being awarded numerous contracts with Texas Instruments, IBM, the State of
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`Texas, National Instruments, the United States Air Force, and Nokia.
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`4.
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`In 1997, I founded the Center on Multimedia Communications at Rice
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`University, in Houston, Texas. From 1997 until 2005, I served as its Director
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`where I supervised core faculty, graduate students, staff members, and managed a
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`budget of more than $4 million in annual research expenditures.
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`5.
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`From 2004 to 2014, I served as the Chair of Electrical and Computer
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`Engineering at Rice University where I supervised faculty, staff members, and
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`graduate students, and managed a budget of more than $4.5 million annual for
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`operating costs and $12 million annual external research funding.
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`6.
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`From 2006 to 2013, I served as an Academy of Finland Distinguished
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`Visiting Professor (FiDiPro) at the University of Oulu, in the Center for Wireless
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`Communication in Oulu, Finland, where I taught short courses on Cooperative
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`Communications and on Understanding Wireless Networks.
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`7.
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`In 2014, I became the Director of the Center for Neuro-Engineering, a
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`multi-university research cluster within the Gulf Coast Consortium, which fosters
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`collaboration among researchers and clinicians from Rice University, Baylor
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`College of Medicine, The University of Texas Health Sciences, and The University
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`of Houston. The Center for Neuro-Engineering is focused on an emerging field
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`intersecting neuroscience and engineering.
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`8.
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`Over the course of my career, I have authored and co-authored some
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`three hundred (300) publications on various aspects of fixed and mobile
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`communications, as noted in my curriculum vitae. My papers have been cited by
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`other publications over 19,000 times and in 2003 I was recognized as a Thomson-
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`ISI Highly Cited Researcher. In 2004, I received the IEEE Communication
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`Society Stephen O. Rice Best Paper Award. I am a member of the Institute of
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`Electrical and Electronics Engineers (IEEE) and actively involved in the
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`Communications Society and the Information Theory Society of IEEE. I have
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`served as the secretary and the treasurer of IEEE Information Theory Society. I am
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`also a Fellow of IEEE and a fellow of American Association for the Advancement
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`of Science (AASS). I was a commission member of the Mayor’s Commission on
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`Cellular Towers from 1998 to 2004. I also served as a panelist for The National
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`Science Foundation.
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`9.
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`I have served as an editor for the IEEE and other publications. In
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`2007, I served as the editor of the KICS Journal of Communication and Network’s
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`Special Issue on Cooperative Communications. I also served as editor for the
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`IEEE Journal on Selected Areas in Communication’s Special Issue on Cooperation
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`and Relay in December 2006, and the IEEE Transactions on Communications from
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`1993 to 1998. I have organized technical sessions in technical conferences, which
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`included serving as the Publications Chair of the IEEE International Symposium
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`on Information Theory, held in San Antonio, Texas in January 1993; the General
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`Chair for the IEEE International Theory Symposium on Information Theory, held
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`in Austin, Texas in June 2010; the IEEE Communication Theory Workshop, held
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`in Dorado, Puerto Rico in May 2006, as well as the Third Annual Texas System
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`Day Symposium, held in Texas in November 1989.
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`10. From 1996 to 2009, I was granted 13 patents as inventor or co-
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`inventor.
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`11. From 1998 to the present, I have served as a consultant on a variety of
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`cases all over the United States, including several patent infringement cases.
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`These cases involved Samsung, MOSAID, Wi-LAN, Marvell, Qualcomm, LG
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`Inc., the City of Houston, Lockheed-Martin, WorldCom, Rockwell International,
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`Research and Development Laboratory, IBM Federal System Company, and
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`Startek International Corp. In addition, I have served as a consultant on
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`international litigation, including cases involving Nokia, in Finland, and ETRI, in
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`Korea.
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`12.
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`I have no financial interest in either party or in the outcome of this
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`proceeding. I am being compensated for my work as an expert on an hourly basis.
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`My compensation is not dependent on the outcome of these proceedings or the
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`content of my opinions.
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`I.
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`Scope of Assignment
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`13.
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`I have been asked to provide my findings as to whether certain subject
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`matter of the ’891 patent is disclosed in certain references, including: (1) Dr. Rade
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`Petrovic et al., Permutation Modulation for Advanced Radio Paging, IEEE
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`Proceedings of Southeastcon ‘93 (7 Apr. 1993) (“Petrovic”); (2) WIPO Publication
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`No. 1989/008355 to Raith, et al. “Raith”); (3) C. Alakija and S. P. Stapleton, A
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`Mobile Base Station Phased Array Antenna, 1992 IEEE International Conference
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`on Selected Topics in Wireless Communications at 118 (Jun. 1992) (“Alakija”);
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`and (4) Leonard J. Cimini, Analysis and Simulation of a Digital Mobile Channel
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`Using Orthogonal Frequency Division Multiplexing, 33 IEEE Transactions on
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`Communications 665 (Jul. 1985) (“Cimini”), from the perspective of a person of
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`ordinary skill in the art of the ’891 patent.
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`14.
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`I have reviewed and am familiar with the content of the ’891 patent.
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`Among the background materials I have reviewed, I considered the materials
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`referenced in this declaration, including the references listed above. I also
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`reviewed the Declaration of Dr. Apostolos Kakaes (“Dr. Kakaes’ Declaration”)
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`that I understand was submitted with another inter partes review action for the ’891
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`patent filed by Apple, and which I understand T-Mobile is submitting as an exhibit
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`to its petition along with my declaration. I have also reviewed portions of the
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`prosecution history of the ’891 patent and the claim construction orders from
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`Mobile Telecommunications Technologies, LLC v. Apple Inc., Civil Action No.
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`2:13-cv-258-JRG-RSP (E.D. Tex.) and Mobile Telecommunications Technologies,
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`LLC v. Clearwire Corp., Civil Action No. 2:12-cv-308-JRG-RSP (E.D. Tex.).
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`15. Counsel has informed me that I must review the ’891 patent and
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`relevant prior art materials through the lens of one of ordinary skill in the art on
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`June 7, 1995, the priority date of the ’891 patent. I believe that one of ordinary
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`skill in the art would have had attained at least a B.S. degree in electrical
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`engineering, computer engineering, or some equivalent, and at least two years of
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`experience in the design and configuration of cellular systems, wireless paging
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`systems, or other two-way wireless communications systems and be familiar with
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`the operation and functionality of multicarrier transmissions. I base this definition
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`both on my technical expertise and on my personal experience as a teacher,
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`advisor, and colleague of others who were within the art on the relevant date. I
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`also reviewed the definition of one ordinary skill in the art by Dr. Kakaes in Dr.
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`Kakaes’ Declaration. The knowledge of a person of ordinary skill in the art
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`according to my own definition is not materially different from the knowledge of a
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`person of ordinary skill in the art under Dr. Kakaes’ definition.
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`16. Counsel has advised me that, during inter partes review, claims of a
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`non-expired patent (like the ’891 patent) must be given the broadest reasonable
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`interpretation. Counsel has advised me that this means the claims should be
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`interpreted as broadly as their terms reasonably allow, but that such interpretation
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`should not be inconsistent with the patent’s specification and with usage of the
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`terms by one of ordinary skill in the art. Counsel has also informed me that this
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`may yield interpretations that are broader than, or different from, the
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`interpretations applied during co-pending District Court proceedings.
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`17. My findings, as explained below, are based on my study, experience,
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`and background in the fields discussed above, informed by my education in applied
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`mathematics and electrical engineering, and my experience in the design and
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`analysis of fixed and mobile communications systems.
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`II. Findings
`18. Having studied the above-referenced materials, I find that certain
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`subject matter of the ’891 patent is disclosed in certain references, from the
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`perspective of one of ordinary skill in the art of the ’891 patent.
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`19. As part of my analysis, I conducted a detailed review of Dr. Kakaes’
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`Declaration. Dr. Kakaes’ Declaration cites four of the same references that I
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`reviewed myself.
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`20.
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`I note that Dr. Kakaes’ Declaration performs essentially the same
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`analysis and comes to the same conclusions that I come to myself. Therefore
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`rather than preparing paragraphs of my own declaration that would contain
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`essentially the same analysis as in Dr. Kakaes’ Declaration, I hereby adopt certain
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`portions of the Dr. Kakaes’ Declaration as if they were my own, and incorporate
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`them by reference into my declaration; specifically, ¶¶ 15-51 of Dr. Kakaes’
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`Declaration, which include a brief overview of the ’891 patent and an analysis of
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`certain subject matter in the four references. For the ease of reference for anyone
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`who wishes to cite paragraphs that I had incorporated by reference from Dr.
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`Kakaes’ declaration into my earlier declaration, I am providing this Corrected
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`Declaration that physically includes the paragraphs from Dr. Kakaes’s that I adopt
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`as my own. I am including a prefix ‘K’ in the paragraph numbering of those
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`paragraphs for ease of reference and consistent numbering with Dr. Kakaes’s
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`Declaration. But for avoidance of doubt, because I agree with Dr. Kakaes as to
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`these paragraphs, I consider these paragraphs to be my own, for all purposes, and
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`will be prepared to testify to the material in these paragraphs if asked.
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`K15. The ‘891 patent is generally directed to a “multicarrier techniques in
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`bandlimited channels.” Ex. 1001, Title. The ‘891 patent includes 5 claims, of
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`which claims 1, 3, and 5 are independent.
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`K16. The ‘891 patent describes “a method for operating more than one
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`carrier in a single mask-defined, bandlimited channel assigned to mobile
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`paging use.” Ex. 1001, 1:6-8. Features of the claims are readily discernible
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`from FIGS. 3A and 3B, which the ‘891 patent describes as follows:
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`Referring to FIG. 3A. two submasks defining two subchannels. 30a
`and 30b, are asymmetrically located within a single mask-defined,
`bandlimited channel 31, resulting in some subchannel overlap. FIG. 3B
`depicts two carriers, 32a and 32b, operating respectively over two
`asymmetrically-located subchannels, resulting in some carrier overlap. In
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`accordance with this asymmetry, the frequency difference between the center
`frequency of each carrier and the nearest band edge of the mask is greater
`than half the frequency difference between the center frequencies of the two
`carriers.
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`Ex. 1001, 4:25-35. An annotated version of FIG. 3B is provided below to illustrate
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`one implementation of the claim language.
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`K17. The ‘891 patent acknowledges the prior existence of “traditional
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`multicarrier design[s]” in which “carriers are symmetrically located within the
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`channel such that they are evenly spaced relative to each other and to the band
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`edges of the primary mask defining the primary channel.” Ex. 1001, 2:1-12. Thus,
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`the alleged invention of the ‘891 patent is the spacing of the carriers within the
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`channel. See Ex. 1001, 2:15-17, 2:26-36. As will be described in the following
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`sections, however, the claimed positioning of carriers within a channel was well
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`known in the art well before June 7, 1995.
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`II. Petrovic and Combinations Based on Petrovic
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`A. Petrovic
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`K18. Petrovic describes the authors’ “efforts to increase both bit rate and
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`spectral efficiency in simulcast paging networks.” Ex. 1008, p. 1, Introduction. To
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`accomplish this goal, Petrovic outlines a “multicarrier permutation modulation
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`technique” that “can be used in simulcast networks with high power transmitters.”
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`Ex. 1008, p. 1, abstract. This type of modulation is often classified as Multicarrier
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`Modulation (MCM). Ex. 1008, p. 1, Proposed Modulation Technique. The MCM
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`technique described by Petrovic involves encoding data across eight subcarrier
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`frequencies within a band-limited channel. See Ex. 1008, p. 1, Proposed
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`Modulation Technique. “The signal spectrum at transmitter output is presented in
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`Fig. 1, and 2.” Ex. 1008, p. 2, Experiments.
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`K19. The proposed multicarrier permutation modulation technique
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`includes “moving the current emission mask boundaries away from the center
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`frequency by +/- 12.5 kHz. This would give a 35 kHz pass band in the middle of
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`the channel and 7.5 kHz guard bands on each side for the skirts of the spectrum.”
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`Ex. 1008, p. 1, Proposed Modulation Technique. To illustrate the mask
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`boundaries of the band-limited channel, Petrovic guides the reader to “[s]ee
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`dashed lines in Figs. 1 and 2,” which “represent[] the proposed emission mask.”
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`Ex. 1008, p. 1, Proposed Modulation Technique; p. 2, Experiments. The
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`following Annotation 1 of FIG. 1 highlights the guard bands with relation to the
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`mask boundaries.
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`K20. These 7.5 kHz guard bands are each only a portion of the frequency
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`difference between the center frequency of the outer most of the carriers and the
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`band edge of the mask defining the channel. Thus, the frequency difference
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`between the center frequency of the outer most of the carriers and the band edge of
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`the mask defining the channel is greater than 7.5 kHz.
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`K21. Petrovic further describes that, “[i]n order to fully utilize the allocated
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`spectrum, and provide fast fall-off of the spectrum in the guard band we propose
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`eight subcarriers spaced 5 kHz apart, so that there is exactly 35 kHz spacing
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`between end subcarriers.” See Ex. 1008, p. 1. The following Annotation 2 of FIG.
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`1 highlights the spacing between the center frequency of the subcarriers described
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`by Petrovic.
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`K22. Taking these teachings together, Petrovic describes a guard band of
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`7.5 kHz (as shown in Annotation 1) and a spacing between the center frequency of
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`adjacent carriers of 5 kHz (as shown in Annotation 2). In other words, the
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`frequency difference between the center frequency of the outer most of the carriers
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`and the band edge of the mask defining said channel (which is greater than 7.5
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`kHz) is more than half the frequency difference between the center frequencies of
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`each adjacent carrier (which is 5 kHz), as required by claim 1. Thus, Petrovic
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`describes the feature that led to the allowance of the ‘891 patent.
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`K23. In Petrovic’s modulation scheme, adjacent subcarriers partially
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`overlap each other. The following Annotation 3 of FIG. 1 shows the hypothetical
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`position of the eight subcarriers within the bandlimited channel, with
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`carriers/subchannels 1, 2, 4 and 8 being 'ON' and carrier/subchannels 3, 5, 6, and 7
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`being ‘OFF’.
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`K24. Where the value of the transmitted signal between carrier/subchannel 1
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`and carrier/subchannel 2 (highlighted in blue below) does not return to practical
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`zero (highlighted as a red broken line that extends the lowest point of the mask), the
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`carrier/subchannel 1 overlaps adjacent carrier/subchannel 2. This is illustrated in
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`the following Annotation 4 of an excerpt of FIG. 1, which is shown side-by-side
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`with a similarly annotated FIG. 5A of the ‘891 patent to illustrate the similar type of
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`overlap.
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`K25. Petrovic describes using a transmitter with four subtransmitters to
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`transmit the eight subcarriers. Ex. 1008, p. 2, Experiments. In particular, “[e]ach
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`transmitter has four subtransmitters capable of 4-FSK over a subset of the 8
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`frequencies. Outputs of the subtransmitters are combined and sent to a common
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`antenna.” Id. Thus, each of the eight subcarriers are transmitted from the same
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`location (i.e., the common antenna). It would have been understood by one of
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`ordinary skill that a plurality of Petrovic’s mobile receiving units independently
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`receive one of the plurality of transmitted subcarriers. For example, Petrovic
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`describes that “[a] receiver . . . consists of an RF section which down converts the
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`signal to a frequency band below 100 kHz, an A/D converter, a DSP processor
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`which performs signal detection through DFT analysis, and a PC to control the
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`operation and present results. See Ex. 1008, p. 2, Experiments.
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`K26. Petrovic describes that “[e]ach transmitter has four subtransmitters
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`capable of 4-FSK over a subset of the 8 frequencies. Outputs of the subtransmitters
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`are combined and sent to a common antenna.” Ex. 1008, p. 2, Experiments. A
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`block diagram of the four “subtransmitters” described by Petrovic would be
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`structured in a similar manner to the systems shown in either of Figures 1 and 2 of
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`the ‘891 patent, except with four data sources and modulators instead of two.
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`Indeed, as in Figures 1 and 2 of the ‘891 patent, Petrovic describes that “[o]utputs
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`of the subtransmitters are combined and sent to a common antenna [i.e.,
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`transmission source].” Ex. 1008, p. 2, Experiments.
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`B. Combination of Petrovic, Raith, and Alakija
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`K27. I have been asked to consider a scenario in which the “co-locating”
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`limitation of claim 5 requires co-locating a plurality of structurally separate
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`transmitters. In such a scenario, Petrovic discloses a plurality of transmitters, but
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`does not explicitly disclose co-location. Rather, under such a construction
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`Petrovic discloses two transmitters located seven miles apart. See Ex. 1008, p. 2,
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`Experiments. However, based on Petrovic in view of Raith and Alakija it would
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`be obvious to co-locate the plurality of transmitters disclosed in Petrovic such that
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`the plurality of carriers can be emanated from the same transmission source.
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`K28. In particular, Petrovic describes an experiment in which “[t]wo
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`transmitters [each including four subtransmitters capable of 4-FSK over a subset
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`of the 8 described frequencies] were installed seven miles apart and synchronized
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`to provide a simulcast overlap area with approximately 35 dBpV/r signal
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`strength.” Ex. 1008, p. 2, Experiments. Thus, Petrovic describes a plurality of
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`transmitters, but describes them as being located seven miles apart. However, the
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`number and location of transmitters in the paging system described by Petrovic
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`would simply be a matter of design choice that would have been obvious to one
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`of ordinary skill in the art.
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`K29. For example, Figure 1 of Raith describes “the division of an area into
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`cells and the assignation of base station transmitters to the cells in a mobile
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`telephone system.” Ex. 1010, 6:1-3. For adjacent cells, Raith describes that it is
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`common to co-locate groups of three base transmitters to service contiguous
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`cells. See Ex. 1010, 6:11-13. Thus, as highlighted in the following annotation of
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`Figure 1, “the base station transmitter BS1 for the cell C1 is co-located with the
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`base station transmitter BS3 for the cell C3 and the base station transmitter BS5
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`for the cell C5.” Ex. 1010, 6:13-15 (emphasis added).
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`K30. The systems of Petrovic and Raith are similar. Raith describes a
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`cellular digital mobile radio system with plural base station transmitters and a
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`method of transmitting information in such a system. Ex. 1010, title.
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`Specifically, Raith describes:
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`[A]t least two base station transmitters (Bma, Bmb, Bna, Bnb) at a given
`transmitting distance from each other are assigned to each of certain cells
`(Cm, Cn) within a restricted geographical area. The base station transmitters
`which are assigned to the same cell transmit digitally modulated radio signals
`within the same frequency range at least partially simultaneously to the
`mobile stations of the cell. The radio signals from different base station
`transmitters associated with the same cell are digitally modulated with the
`same message information to the mobile stations in the cell.
`Ex 1010, Abstract. In other words, each individual cell described by Raith is
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`similar to the experiment described by Petrovic, with two transmitters located a
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`certain distance apart to simultaneously transmit the same message information
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`to a mobile station. Raith simply describes a more complex network of cells and
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`associated transmitters, which are used for two-way telephone communication,
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`as opposed to one-way pager communication.
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`K31. Considering Petrovic and Raith in combination, one of ordinary skill
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`in the art would have been motivated to expand the experimental paging system
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`configuration described in Petrovic to include multiples adjacent paging
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`cells/regions similar in structure illustrated in Figure 1 of Raith. In this modified
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`configuration, multiple transmitters configured and operated as described by
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`Petrovic would be co-located to service contiguous cells, as described by Raith.
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`The following annotation of a portion of FIG. 1 of Raith illustrates the
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`proposed combination.
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`K32. One of ordinary skill in the art would have been motivated to expand
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`the experiment described by Petrovic in order to provide messaging services to a
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`larger geographic area and a larger number of mobile devices (e.g., pagers).
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`K33. Though Petrovic in view of Raith describes the co-location of a
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`plurality of transmitters, it does not explicitly describe emanating a plurality of
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`carriers from the same transmission source. However, it would have been
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`obvious to one of ordinary skill in the art to connect the plurality of co-located
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`transmitters taught by Petrovic in view of Raith to a single antenna structure, such
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`as the one described by Alakija, such that the plurality of carriers output by the
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`co-located transmitters could be emanated from the same transmission source.
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`K34. In particular, Alakija describes a “mobile communications base station
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`antenna, which utilizes a cylindrical array design.” Ex. 1011, Abstract. “Using a
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`switching matrix, different subsets of antenna elements, in the array, can be
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`excited, thus producing a narrow steerable beam.” Id. In one configuration of the
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`cylindrical antenna, Alakija describes that, “[b]y combining a number of feed
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`networks into a single antenna system, an antenna with multiple independently
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`steerable beams is achieved.” Ex. 1011, pp. 1-2 (emphasis added). One of
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`ordinary skill would have understood that each of the three co-located transmitters
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`described by Petrovic in view of Raith could provide the “number of feed
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`networks” contemplated by Alakija as inputs to the cylindrical antenna. The
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`following annotated version of FIG. 6 of Alakija illustrates this configuration:
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`22
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`K35. Moreover, Alakija describes that the characteristics of the cylindrical
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`antenna can be altered to cater to variable sector sizes. See Ex. 1011, p. 2.
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`Examples of these different patterns that can be obtained by varying phase
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`distribution of the cylindrical antenna are shown in FIG. 9. See Ex. 1011, pp. 2-3.
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`One of ordinary skill in the art would have understood that one of the illustrated
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`patterns would readily service the mobile cell structure described by Raith. In the
`
`following diagram, three of the independently steerable beams taught by FIG. 9 of
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`Alakija (i.e., the red pattern that is shown in FIG. 9 and the two blue patterns that
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`one of ordinary skill in the art would have understood could be independently
`
`steered as part of the configuration shown in FIG. 6) have been overlayed on FIG. 1
`
`of Raith to illustrate this point.
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`23
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`K36. One of ordinary skill in the art would have been motivated to utilize a
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`single cylindrical antenna structure to emit the output signals of the three co-located
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`transmitters de- scribed by Petrovic in view of Raith instead of three separate
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`antennas, because a single antenna structure “[c]an be used to realize advantages
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`such as . . . hardware savings, low manufacturing costs, [and] low installation
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`costs,” as recognized by Alakija. Ex. 1011, p. 3.
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`III. Cimini and Combinations Based on Cimini
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`A. Cimini
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`K37. Cimini describes “a digital mobile channel using orthogonal frequency
`
`division multiplexing.” Ex. 1009, p. 1, Title. In particular, Cimini describes that,
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`“[i]n a conventional serial data system, the symbols are transmitted sequentially,
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`with the frequency spectrum of each data symbol allowed to occupy the entire
`24
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`
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`available bandwidth.” Ex. 1009, p. 1, § 1. Cimini goes on to describe the various
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`limitations of these serial systems. See Ex. 1009, p. 1, § 1. For example, “[d]ue to
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`the bursty nature of the Rayleigh channel, several adjacent symbols may be
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`completely destroyed during a fade.” See id.
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`K38. Cimini goes on to teach that “[a] parallel or multiplexed data system
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`offers possibilities for alleviating many of the problems encountered with serial
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`systems.” Ex. 1009, p. 1, § 1. In a parallel data system, the total signal frequency
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`band is divided into N frequency subchannels. See Ex. 1009, p. 1, § 1. “Each
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`subchannel is modulated with a separate symbol and, then, the N subchannels are
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`frequency multiplexed.” Ex. 1009, p. 1, § 1. To efficiently use the bandwidth in a
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`parallel system, Cimini teaches that “the spectra of the individual subchannels are
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`permitted to overlap, with specific orthogonality constraints imposed to facilitate
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`separation of the subchannels at the receiver.” Ex. 1009, p. 1, § 1. Cimini
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`specifies that the spectra in which the described parallel systems operate are
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`“strictly band-limited.” See Ex. 1009, p. 3, § 2(A). Such multiplexed signals may
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`be transmitted from a transmitter system, such as the one shown in FIG. 1(a). See
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`Ex. 1009, p. 2, § II(A).
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`K39. Recognizing that the transmission channel often distorts the signal,
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`Cimini proposes adding pilot signals to the transmitted signal that can be used to
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`correct fading. See Ex. 1009, pp. 3-4, § II(C). “Pilot-based correction provides an
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`25
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`
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`amplitude and phase reference which can be used to counteract the unwanted
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`effects of multipath propagation.” Ex. 1009, p. 4, § II(C). In order to reduce
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`distortion of these pilots due to co-channel interference, Cimini describes
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`implementing “a separation between the pilot tone and its neighboring information
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`components.” Ex. 1009, p. 8, § III(B). Accordingly, as shown in FIG. 10, Cimini
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`describes inserting the pilot signals into specific positions within the output
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`multiplexed signal, in between sets of data subcarriers. See Ex. 1009, p. 8, §
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`III(B). Specifically, Cimini discloses “a 200Hz spacing between the pilot
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`frequency and the nearest data subcarrier.” See Ex. 1009, p. 8, § III(B).
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`K40. To transmit the resulting orthogonal frequency division multiplexed
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`data signal, Cimini proposes using a 7.5 kHz channel. See Ex. 1009, p. 8, § III(B).
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`Because Cimini describes this channel as a 7.5 kHz “data window” (Ex. 1009, p.
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`8, § III(B)) and specifies that the spectra is “strictly band-limited” (Ex. 1009, p. 8,
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`§ II(A)), one of ordinary skill in the art would have understood the channel
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`described by Cimini to be mask-defined and bandlimited. The OFDM signal that is
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`transmitted within this 7.5 kHz mask-defined, bandlimited channel is illustrated in
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`the following annotated version of FIG. 10.
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`26
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`
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`K41. Within this OFDM signal, Cimini describes “[s]acrificing two bands of
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`1000 Hz each for pilot protection and 250 HZ at either end for adjacent channel
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`interference protection” (i.e., two 250 Hz guard bands). Based on these parameters,
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`Cimini describes that this “leaves space for 86 data channels” within the remaining
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`5 kHz of the 7.5 kHz mask-defined, bandlimited channel and each of the carriers
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`within these data channels are spaced 58.59 Hz apart. See Ex. 1009, p. 9, § III(C).
`
`In other words, Cimini describes a transmitted OFDM signal in which the
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`frequency difference between the center frequency of the outer most of the carriers
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`and the band edge of the mask defining the channel (i.e., at least 250 Hz) is more
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`than half the frequency difference between the center frequencies of each adjacent
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`carrier (i.e., 58.59 Hz).
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`K42. Similar to FIGS. 1 and 2 of the ‘891 patent, FIG. 1(a) of Cimini
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`illustrates a multicarrier transmitter system with a plurality of modulators, each
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`27
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`modulating a different portion of data to be transmitted. See Ex. 1009, p. 2, §
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`II(A). In other words, Cimini discloses emanating multiple carriers from the same
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`transmission source (e.g., an antenna).
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`B. Combination of Cimini, Raith, and Alakija
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`K43. As described above, I have been asked to consider a scenario in which
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`the “co-locating” limitation of claim 5 requires co-locating a plurality of
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`structurally separate transmitters. In such a scenario, Cimini does not explicitly
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`disclose the co-location of a plurality of transmitters. However, based on Cimini in
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`view of Raith and Alakija, it would be obvious to co-locate the plurality of
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`transmitters disclosed in Cimini such that the plurality of carriers can be emanated
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`from the same transmission source.
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`K44. Cimini describes a “cellular mobile radio system based on
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`orthogonally frequency division multiplexing many low-rate subchannels into one
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`higher rate channel was analyzed and simulated.” Ex. 1009, p. 10, § IV. Similarly,
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`Figure 1 of Raith describes “the division of an area into cells and the assignation
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`of base station transmitters to the cells in a mobile telephone system in accordance
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`with the invention.” Ex. 1010, 6:1-3. For adjacent cells, Rai
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