UNITED STATES PATENT AND TRADEMARK OFFICE
`__________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________
`
`SAMSUNG ELECTRONICS CO. LTD.; SAMSUNG ELECTRONICS
`AMERICA, INC.; SAMSUNG TELECOMMUNICATIONS AMERICA, LLC;
`AND SAMSUNG AUSTIN SEMICONDUCTOR, LLC;
`Petitioner
`
`v.
`
`REMBRANDT WIRELESS TECHNOLOGIES, LP
`Patent Owner
`___________
`
`Case IPR2015-00114
`Patent 8,023,580
`___________
`
`
`
`
`
`
`
`DECLARATION OF DAVID GOODMAN
`
`IN SUPPORT OF
`PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 8,023,580
`
`Exhibit 1221 1/38
`
`

`
`
`
`
`
`TABLE OF CONTENTS
`
`INTRODUCTION ......................................................................................... 1
`I.
`EXPERT QUALIFICATIONS AND CREDENTIALS ............................. 1
`II.
`III. BASIS FOR OPINIONS AND MATERIALS REVIEWED ..................... 1
`IV. SUMMARY OF MY OPINIONS ................................................................. 3
`V.
`THE PRIOR ART.......................................................................................... 3
`A.
`U.S.C. § 103 By Admitted Prior Art (“APA”) In View Of Boer ......... 3
`1.
`Claims 2, 49, 52-53 & 59 ............................................................ 4
`2.
`claim 19 ..................................................................................... 10
`3.
`Claims 2 and 19 Are Obvious ................................................... 13
`a. Claim 2 ................................................................................ 13
`Claim 19 .................................................................................... 13
`4.
`5.
`Claims 49, 52 and 53 Are Obvious ........................................... 22
`a. Claim 49 .............................................................................. 22
`b. Claims 52 and 53 ................................................................ 23
`6.
`Claim 59 Is Obvious ................................................................. 29
`
`Claims 2, 19, 49, 52, 53, and 59 Are Rendered Obvious Under 35
`
`The Prior Institution Decision In IPR2014-00518 Regarding
`
`The Prior Institution Decision In IPR2014-00518 Regarding
`
`i
`
`
`
`
`
`
`
`Exhibit 1221 2/38
`
`

`
`
`
`I, David J. Goodman, declare:
`
`I.
`
`INTRODUCTION
`
`I previously submitted a declaration in the inter partes review
`1.
`
`proceeding brought by Samsung Electronics Co. Ltd., Samsung Electronics
`
`America, Inc., Samsung Telecommunications America, LLC, and Samsung Austin
`
`Semiconductor, LLC (“Petitioners”) regarding U.S. Patent No. 8,023,580 that was
`
`assigned Case No. IPR2014-00518 (Exhibit 1220). My opinions stated in that
`
`declaration remain unchanged.
`
`2.
`
`The present declaration is provides additional opinions regarding the
`
`applicability of the prior art references I discussed in my previous declaration to
`
`certain claims for which the Patent Trial and Appeal Board declined to institute a
`
`trial. Therefore, I submit this declaration in support of Petitioner’s petition for
`
`inter partes review of the `580 Patent.
`
`
`3.
`
`I am being compensated for my work in this matter. My
`
`compensation in no way depends upon the outcome of this proceeding.
`
`II. EXPERT QUALIFICATIONS AND CREDENTIALS
` My qualifications and credentials are provided in paragraphs 4-17 of
`4.
`
`my prior declaration. Ex. 1220.
`
`III. BASIS FOR OPINIONS AND MATERIALS REVIEWED
`
`5.
`The opinions set forth in my declaration are based on my personal
`
`knowledge gained from my education, professional experience, and on the review
`
`of the documents and information described in this declaration.
`
`
`6.
`
`In preparation of this declaration, I have studied
`
`
`
`1
`
`Exhibit 1221 3/38
`
`

`
`
`
`a.
`
`b.
`
`c.
`
`d.
`
`U.S. Patent No. 8,023,580 (Ex. 1201);
`
`File History of U.S. Patent No. 8,023,580 and the patents from which
`
`the `580 patent claims priority, as well as the child patent;
`
`U.S. Patent No. 5,706,428 to Boer et al. “Boer;”
`
`P802.11 Draft Wireless LAN Medium Access Control (MAC) and
`
`Physical Layer (PHY) Specification, 23 May 1996;
`
`e.
`
`IEEE Std 802.11-1997( Wireless LAN Medium Access Control (MAC)
`
`and Physical Layer (PHY) Specifications), IEEE Standards Board,
`
`Approved Jun. 26, 1997;
`
`f.
`
`Upender, “Communication Protocols for Embedded Systems,”
`
`Embedded Systems Programming, Vol. 7, Issue 11, November 1994.
`
`g.
`
`Joint Claim Construction Statement, Rembrandt Wireless
`
`Technologies, LP v. Samsung Electronics Co. Ltd, et al, No. 2:13-cv-
`
`00213 (E.D. Tex. 2013);
`
`h.
`
`“The IEEE Standard Dictionary of Electrical and Electronics Terms,”
`
`6th Ed., 1996, p. 662;
`
`i.
`
`j.
`
`k.
`
`“Dictionary Of Communications Technology,” 1995, pp. 259, 404.
`
`U.S. Patent No. 5,537,398 (“Siwiak”);
`
`Infringement Contentions, Rembrandt Wireless Technologies, LP v.
`
`Samsung Electronics Co. Ltd, et al, No. 2:13-cv-00213 (ED. Tex
`
`2013) (July 25, 2013);
`
`
`
`2
`
`Exhibit 1221 4/38
`
`

`
`
`
`l.
`
`Rembrandt’s Opening Claim Construction Brief, Rembrandt Wireless
`
`Technologies, LP v. Samsung Electronics Co. Ltd, et al, No. 2:13-cv-
`
`00213 (ED. Tex 2013) (April 17, 2014);
`
`m.
`
`Tutorial presentation filed by Rembrandt, Rembrandt Wireless
`
`Technologies, LP v. Samsung Electronics Co. Ltd, et al, No. 2:13-cv-
`
`00213 (ED. Tex 2013) (April 17, 2014);
`
`n.
`
`o.
`
`Institution Decision for IPR2014-00518;
`
`Institution Decision for IPR2014-00519.
`
`IV. SUMMARY OF MY OPINIONS
` My opinions are in support of the inter partes review of the `580
`7.
`
`patent claims 2, 19, 49, 52, 53, and 59.
`
`8.
`
`It is my opinion that claims 2, 19, 49, 52, 53, and 59 are invalid
`
`because they are rendered obvious under 35 U.S.C. § 103 by Admitted Prior Art
`
`(“APA”) in view of Boer (Ex. 1204).
`V. THE PRIOR ART
`A.
`Claims 2, 19, 49, 52, 53, and 59 Are Rendered Obvious Under 35
`U.S.C. § 103 By Admitted Prior Art (“APA”) In View Of Boer
`I discuss the scope and content of the admitted prior art in paragraphs
`
`
`9.
`
`51-53 and 80-81 of Ex. 1220, my prior declaration. Likewise, I discuss the scope
`
`and content of Boer in paragraphs 82-88 of my prior declaration. Finally, I discuss
`
`the motivation of a person having ordinary skill in the art to combine the APA with
`
`Boer in paragraphs 89-104 of my prior declaration.
`
`
`
`3
`
`Exhibit 1221 5/38
`
`

`
`
`
`1. The Prior Institution Decision In IPR2014-00518 Regarding
`Claims 2, 49, 52-53 & 59
`I have studied the prior `518 Institution Decision. In it, the Board
`
`
`10.
`
`found that Petitioner had not met its burden regarding claims 2, 49, and 59 because
`
`Petitioner did not show that Boer teaches that the (i) “third sequence” of claims 2
`
`& 59, or (ii) “second sequence” of claim 49 indicates that communication “has
`
`reverted to the first modulation method.” In the `518 Inst. Dec., the Board also
`
`chose not to institute a trial on claims 52 and 53 because each is dependent on
`
`claim 49.
` The “third sequence” and “second sequence” recited in these claims
`11.
`
`are the same thing, and are both met by Boer’s SIGNAL field 206 and SERVICE
`
`field 208.
` Regarding claim 2, the Board stated that “Petitioner has failed to
`12.
`
`show, in particular, how the SIGNAL and SERVICE fields might be deemed, as
`
`alleged, to ‘indicate’ that communication from the master to the slave has reverted
`
`to the first modulation method, as recited in claim 2.” `518 Inst. Dec., p. 14-15.
`
`The Board asserted the same was true regarding claims 49 and 59. Id. at p. 15.
`
` A person having ordinary skill in the art would have understood that
`13.
`
`Boer teaches that SIGNAL 206 and SERVICE 208 fields can indicate that
`
`communication has reverted to the first modulation method.
`
` Boer teaches transmission of multiple messages 200. Ex. 1204, 1:33-
`14.
`
`40 (“Therefore, according to the present invention, there is provided a method of
`
`operating a wireless local area network station adapted to transmit and receive
`
`messages at a plurality of data rates, wherein said messages include an initial
`
`
`
`4
`
`Exhibit 1221 6/38
`
`

`
`
`
`portion and a data portion, including the steps of: transmitting the initial portion of
`
`a message to be transmitted by a station at a first predetermined one of a first
`
`plurality of data rates…”). The APA also teaches transmission of multiple
`
`sequences. See Ex. 1201 (APA), Figure 2. See also Ex. 1201 (APA), 4:4-50.
`
` A person having ordinary skill in the art would have known that a
`15.
`
`communication system utilizing data packets such as message 200 in Boer
`
`transmits multiple sequential packets. Thus, a person having ordinary skill in the
`
`art would have understood that Boer’s SIGNAL 206 and SERVICE 208 fields of a
`
`second message 200 is the (i) “third sequence” of claims 2 and 59, and (ii) “second
`
`sequence” of claim 49.
`
` Claims 2, 49 and 59 further require that the (i) “third sequence”
`16.
`
`recited in claims 2 and 59, and (ii) “second sequence” recited in claim 49 be
`
`transmitted in the first modulation method. Boer teaches that Header 218, which
`
`includes SIGNAL 206 and SERVICE 208 fields, is always transmitted using
`
`DBPSK (the “first modulation method”). Ex. 1204, 3:56-58. The Board
`
`recognized this. See `518 Inst. Dec., p. 14-15.
`
` Boer also teaches the requirement in claims 2, 49 and 59 that the
`17.
`
`recited “third sequence” (claims 2 and 59) and “second sequence” (claim 49)
`
`indicate that communication “has reverted to the first modulation method.” A
`
`person having ordinary skill in the art would have known that in Boer, a first
`
`message 200 where the DATA field 214 is transmitted using PPM/DQPSK
`
`(“second modulation method”) could be followed by a second message 200. In
`
`claims 2 and 59, DATA field 214 of a first message 200 meets the “second
`
`
`
`5
`
`Exhibit 1221 7/38
`
`

`
`
`
`sequence” limitation and in claim 49, DATA field 214 of a first message 200
`
`transmission meets the “second information” limitation.
` The second message 200, because it is transmitted after a first
`18.
`
`message 200, meets the requirement of claims 2 and 59 that the “third sequence”
`
`be transmitted “after” the previous sequences recited by each claim. Likewise, the
`
`second message 200 in Boer, transmitted after a first message 200, meets the
`
`requirement of claim 49 that the “second sequence” be transmitted “after” the
`
`previous sequence recited in the claim.
` A person having ordinary skill in the art would have known that the
`19.
`
`DATA 214 field in second message 200 could be transmitted using DBPSK (“first
`
`modulation method”). Boer teaches that DATA field 214 can be modulated using
`
`any of the modulation methods described therein. See e.g., Ex. 1204, 3:56-62
`
`(“With regard to the message 200, FIG. 4, it should be understood that the
`
`preamble 216 and header 218 are always transmitted at the 1 Mbps rate using
`
`DBPSK modulation. The subsequent DATA field 214, however, may be
`
`transmitted at a selected one of the four possible rates 1, 2, 5 or 8 Mbps, using
`
`the modulation and coding discussed hereinabove.”).
`
`
` Boer also teaches that values contained in the SIGNAL field 206 and 20.
`
`SERVICE field 208 indicate which modulation method will be used to transmit
`
`DATA field 214. Ex. 1204, 4:4-11 (“The SIGNAL field 206 has a first
`
`predetermined value if the DATA field 214 is transmitted at the 1 Mbps rate and a
`
`second predetermined value if the DATA field 214 is transmitted at the 2, 5 or 8
`
`Mbps rates. The SERVICE field 208 has a first predetermined value (typically all
`
`
`
`6
`
`Exhibit 1221 8/38
`
`

`
`
`
`zero bits) for the 1 and 2 Mbps rates, a second predetermined value for the 5 Mbps
`
`rate and a third predetermined value for the 8 Mbps rate.”).
`
`21.
`
`In the first message 200, DATA field 214 is modulated with
`
`PPM/DQPSK (“second modulation method”) as indicated by SIGNAL field 206
`
`containing a second predetermined value while SERVICE field 208 contains a
`
`second (or third) predetermined value. Ex. 1204, 4:4-11.
`
`
`22.
`
`In the second message, transmission of the DATA field 214 reverts to
`
`DBPSK (“first modulation method”) as indicated by SIGNAL field 206 containing
`
`a first predetermined value while the SERVICE field 208 contains a first
`
`predetermined value, which Boer states is “typically all zero bits.” Ex. 1204, 4:4-
`
`11.
`
` The first predetermined value in SIGNAL field 206 and the first
`23.
`
`predetermined value in SERVICE field 208, indicate that transmission of the
`
`DATA field 214 “has reverted to the first modulation method,” as required by
`
`claims 2, 49, 52-53 and 59.
`
` The following figure shows the location in two messages 200 in Boer
`24.
`
`of terms in claims 2, 49, and 59. It also shows how Boer uses the claimed
`
`modulation methods:
`
`
`
`7
`
`Exhibit 1221 9/38
`
`

`
`
`
`
`
`
`
` Because Boer teaches that DATA field 214 can be transmitted with 25.
`
`either DBPSK, DQPSK, or PPM/DQPSK, a person having ordinary skill in the art
`
`would have known, and found it obvious, that a transmitted message 200 in which
`
`DATA field 214 was transmitted using PPM/DQPSK could be followed by a
`
`message 200 where the DATA field 214 is transmitted using DBPSK. Boer
`
`specifies that such a reversion would occur if ACK messages are not received
`
`correctly. Ex. 1204, Fig 7 (block 522) and 7:41-51 (“Returning to block 508, if an
`
`ACK message is not received correctly and within the predetermined time interval,
`
`then the flowchart proceeds to block 522 where the SC count value is reset to zero
`
`and the data rate is decremented (if the minimum data rate is not already being
`
`used)….”). See the annotated Fig. 7 from Boer (Ex. 1204), below:
`
`
`
`8
`
`Exhibit 1221 10/38
`
`

`
`
`
`
`
`See also Id. at 8:6-9.
` A person of ordinary skill in the art would have understood that ACK
`26.
`
`messages may not be received correctly when channel conditions change for the
`
`worse, such as when the transceivers are moved apart from one another or when
`
`interference increases. Boer discloses that under such conditions, “the data rate is
`
`decremented.” Based on the flow chart in Fig. 7 of Boer, which I have reprinted
`
`
`
`9
`
`Exhibit 1221 11/38
`
`

`
`
`
`above, it is seen that if enough ACK messages are not received correctly, the data
`
`rate may be decremented until the data rate reaches 1 Mbps, which is transmitted
`
`using DBPSK.
`
` Whenever this happens, the SIGNAL and SERVICE fields indicate
`27.
`
`that communication “has reverted to the first modulation method,” thereby meeting
`
`the “reverted” limitation of claims 2, 49, 52-53 and 59.
`
`
`28.
`
`In addition, a person having ordinary skill in the art would have
`
`known, and found it obvious, that following events such as an increase of
`
`interference in the communications channel, the SIGNAL field 206 and SERVICE
`
`field 208 would have contained values indicating that communication “has
`
`reverted to the first modulation method,” as required by claims 2, 49, 52-53 and
`
`59.
`
` The Board has already found that the admitted prior art in the `580
`29.
`
`patent can be combined with Boer. Thus, a person having ordinary skill in the art
`
`would have found claims 2, 49, 52-53 (because of their dependence on claim 49)
`
`and 59 obvious in view of the APA and Boer.
`
`2. The Prior Institution Decision In IPR2014-00518 Regarding claim
`19
`In the prior `518 Institution Decision, the Board found that Petitioner
`
`
`30.
`
`had not met its burden regarding claim 19 because Petitioner did not “demonstrate
`
`the obviousness of the transceiver which, according to claim 1, sends
`
`transmissions using at least two types of modulation methods, further being
`
`
`
`10
`
`Exhibit 1221 12/38
`
`

`
`
`
`configured to receive data in the first modulation method in accordance with the
`
`requirements of claim 19.”
` A person having ordinary skill in the art would have understood that
`31.
`
`Boer teaches the transceiver recited in claim 19. Specifically, Boer teaches that an
`
`access point 12 can “receive data from the intended destination in the first
`
`modulation method when the intended destination is the first type of receiver,” as
`
`required by claim 19.
`
` Claim 19 depends from claim 13, which requires that the “first
`32.
`
`information in the first portion indicates the first modulation method when the
`
`intended destination is a first type of receiver and indicates the second modulation
`
`when the intended destination is a second type of receiver.” The Board has already
`
`has already instituted inter partes review of on the grounds that claim 13 is
`
`unpatentable as obvious based on the APA and Boer. See `518 Inst. Dec., p. 17.
`
` Boer teaches that the SIGNAL 206 and SERVICE 208 fields may
`33.
`
`indicate DBPSK when the intended recipient is a station 18 or a station 22, both of
`
`which can demodulate DBPSK modulation. The SIGNAL 206 and SERVICE 208
`
`may indicate PPM/DQPSK when the intended recipient is a station 22, which can
`
`demodulate PPM/DQPSK modulation. Thus, Boer discloses use a “first type of
`
`receiver” (stations 18) and a “second type of receiver” (stations 22). Ex. 1204,
`
`2:25-57 (“From the above description, it will be appreciated that the LAN 10
`
`contains mobile stations 18 of a first type (operating at 1 or 2 Mbps data rates) and
`
`mobile stations 22 of a second type (operating at 1,2,5 or 8 Mbps data rates).”).
`
`
`
`11
`
`Exhibit 1221 13/38
`
`

`
`
`
`Thus, the Board found that claim 13 is rendered obvious by the APA in view of
`
`Boer.
`
` Claim 19 further limits the transceiver recited in claim 1. Since the
`34.
`
`transceiver in Boer corresponding to the transceiver recited in claim 1 can transmit
`
`PPM/DQPSK, that transceiver must have the hardware illustrated in Figure 3
`
`(illustrating a station 22). In particular, “the transceiver” may be in “access point
`
`12.”
`
` Claim 19 requires that “the transceiver is configured to receive data
`35.
`
`from the intended destination in the first modulation method when the intended
`
`destination is the first type of receiver.” Boer discloses this feature since a station
`
`18 (first type of receiver) can transmit only DBPSK or DQPSK signals. Ex. 1204,
`
`Fig. 2, 2:16-31.
`
` These transmissions are received by “the transceiver” in claim 19. The
`36.
`
`transceiver in Boer i.e. access point 12, receives the 1 Mbps DBPSK signals.
` The process of receiving a transmission is discussed in Boer. Ex.
`37.
`
`1204, 6:18-42 (“In a station 22 which is receiving a message, the rate selector 164
`
`uses the SIGNAL and SERVICE fields 206, 208 to determine whether to remain
`
`in the 1 Mbps mode or switch to the 2,5 or 8 Mbps mode…. [T]he rate selector
`
`164 is controlled to operate the detector/decoder 158 at the correct signalling rate
`
`of 1, 2, 5 or 8 Mbps, as indicated by the contents of the SIGNAL and SERVICE
`
`fields 206 and 208”).
`
` Thus, the transceiver (i.e. access point 12) “is configured to receive
`38.
`
`data from the intended destination (i.e. a station 18) in the first modulation method
`
`
`
`12
`
`Exhibit 1221 14/38
`
`

`
`
`
`(i.e. DBPSK) when the intended destination (i.e. a station 18) is the first type of
`
`receiver.
`
` The Board has already found that the admitted prior art in the `580
`39.
`
`patent can be combined with Boer. Thus, a person having ordinary skill in the art
`
`would have found claim 19 obvious in view of the APA and Boer.
`
`3. Claims 2 and 19 Are Obvious
`a. Claim 2
` Claim 2 depends from claim 1. The Board has already instituted inter
`40.
`
`partes review of claim 1 on the grounds that claim 1 is unpatentable as obvious
`
`based on the APA and Boer. `518 Inst. Dec. at 17. Claim 2 is obvious for the
`
`reasons I discussed above in Section V.A.1.
`
` The following figure shows the location in two messages 200 in Boer
`41.
`
`of terms in claim 2 (including claim1). It also shows how Boer uses the claimed
`
`modulation methods.:
`
`
`
`4. Claim 19
`
`
` Claim 19 depends from 13, which in turn depends from claim 1. The 42.
`
`Board has already instituted inter partes review of claims 1 and 13 on the grounds
`
`
`
`13
`
`Exhibit 1221 15/38
`
`

`
`
`
`that claims 1 and 13 are unpatentable as obvious based on the APA combined with
`
`Boer. `518 Inst. Dec. at 17.
` A person having ordinary skill in the art would have found claim 19
`43.
`
`obvious for the reasons discussed above.
`
` The following claim charts demonstrate that APA in view of Boer
`44.
`
`renders claims 2 and 19 obvious:
`Claim Language
`Patent Owner’s Admitted Prior Art In View Of Boer
`For a communication system that communicates according
`[1a] 1. A
`to a master/slave relationship, see Ex. 1201 (APA), Figs. 1
`communication
`& 2; 3:6-10 (“FIG. 1 is a block diagram of a prior art
`device capable of
`multipoint communication system including a master
`communicating
`transceiver and a plurality of tributary transceivers.”); and
`according to a
`master/slave
`3:40-44 (“With reference to FIG. 1, a prior art multipoint
`relationship in
`communication system 22 is shown to comprise a master
`which a slave
`modem or transceiver 24, which communicates with a
`communication
`plurality of tributary modems (tribs) or transceivers 26-26
`from a slave to a
`over communication medium 28.”).
`master occurs in
`For master/slave relationship, see Ex. 1201 (APA), 4:4-9
`response to a
`(“This system uses polled multipoint communication
`master
`protocol. That is, a master controls the initiation of its own
`communication
`transmission to the tribs and permits transmission from a trib
`from the master to
`only when that trib has been selected.”).
`the slave, the
`device
`Boer discloses a communication system. See e.g. Ex. 1204,
`comprising:
`Figs. 1-3 and 8.
`APA demonstrates master transceivers are in prior art. See
`claim element [1a].
`For Boer’s teachings regarding “transceivers, See e.g. Ex.
`1204, Figures 1-3, 8;
`2:6-22 (“Referring first to FIG. 1, there is shown a preferred
`embodiment of a wireless LAN (local area network) 10 in
`which the present invention is implemented. The LAN 10
`includes an access point 12, which serves as base station,
`and is connected to a cable 14 which may be part of a
`backbone LAN (not shown), connected to other devices
`and/or networks with which stations in the LAN 10 may
`communicate. The access point 12 has antennas 16 and 17
`
`[1b] a transceiver,
`in the role of the
`master according
`to the
`master/slave
`relationship, for
`sending at least
`transmissions
`modulated using
`at least two types
`of modulation
`methods,
`
`
`
`14
`
`Exhibit 1221 16/38
`
`

`
`
`
`Claim Language
`
`[1c] wherein the
`at least two types
`of modulation
`methods comprise
`a first modulation
`method and a
`second
`
`Patent Owner’s Admitted Prior Art In View Of Boer
`for transmitting and receiving messages over a wireless
`communication channel. The network 10 includes mobile
`stations 18, referred to individually as mobile stations 18-1,
`18-2, and having antennas 20 and 21, referred to
`individually as antennas 20-1, 20-2 and 21-1, 21-2. The
`mobile stations 18 are capable of transmitting and receiving
`messages selectively at a data rate of 1 Mbps (Megabit per
`second) or 2 Mbps, using DSSS (direct sequence spread
`spectrum) coding.”); and
`2:34-37 (“Also included in the LAN 10 are further mobile
`stations 22, referred to individually as stations 22-1 and 22-
`2, and having antennas 24 and 25, referred to individually as
`antennas 24-1, 24-2 and 25-1, 25-2.”)
`Transmissions modulated using at least two types of
`modulation methods:
`Abstract (“A wireless LAN includes first stations adapted to
`operate at a 1 or a 2 Mbps data rate and second stations
`adapted to operate at a 1,2,5 or 8 Mbps data rate. The 1 and
`2 Mbps rates use DBPSK and DQPSK modulation,
`respectively. The 5 and 8 Mbps rates use PPM/DQPSK
`modulation.”);
`2:23-27 (“When operating at the 1 Mbps data rate, DBPSK
`(differential binary phase shift keying) modulation of the RF
`carrier is utilized, and when operating at the 2 Mbps data
`rate DQPSK (differential quadrature phase shift keying)
`modulation of the RF carrier is utilized.”); and
`2:37-44 (“The stations 22 can operate at a 1 Mbps or a 2
`Mbps data rate, using the same modulation and DSSS
`coding as the stations 18, and in addition can also operate at
`two higher data rates, namely 5 Mbps and 8 Mbps. These 5
`and 8 Mbps data rates utilize PPM/DQPSK (pulse position
`modulation--differential quadrature phase shift keying) in
`combination with the 11-chip Barker code mentioned
`hereinabove.”).
`In Boer, DBPSK is the “first modulation method.” Both
`DQPSK and PPM/DQPSK can be the “second modulation
`method.” See claim element [1b].
`
`
`
`15
`
`Exhibit 1221 17/38
`
`

`
`
`
`Claim Language
`modulation
`method,
`[1d] wherein the
`second
`modulation
`method is of a
`different type than
`the first
`modulation
`method,
`[1e] wherein each
`transmission
`comprises a group
`of transmission
`sequences,
`wherein each
`group of
`transmission
`sequences is
`structured with at
`least a first
`portion and a
`payload portion
`
`Patent Owner’s Admitted Prior Art In View Of Boer
`
`DBPSK modulation is a different “type” of modulation than
`either DQPSK or PPM/DQPSK. See claim element [1b].
`
`Boer discloses a message 200, shown in Figure 4, that
`“include[s] an initial portion and a data portion.” See e.g.
`Ex. 1204.
`1:33-37 (“Therefore, according to the present invention,
`there is provided a method of operating a wireless local area
`network station adapted to transmit and receive messages at
`a plurality of data rates, wherein said messages include an
`initial portion and a data portion . . . .”);
`Abstract (“All transmitted messages start with a preamble
`and header at the 1 Mbps rate. The header includes fields
`identifying the data rate for the data portion of the message,
`and a length field. For a 2 Mbps transmission the length
`field identifies the number of bytes in the data field.”).
`1:33-37 (“Therefore, according to the present invention,
`there is provided a method of operating a wireless local area
`network station adapted to transmit and receive messages at
`a plurality of data rates, wherein said messages include an
`initial portion and a data portion…”):
`3:56-65 (“With regard to the message 200, FIG. 4, it should
`be understood that the preamble 216 and header 218 are
`always transmitted at the 1 Mbps rate using DBPSK
`modulation. The subsequent DATA field 214, however, may
`be transmitted at a selected one of the four possible rates 1,
`2, 5 or 8 Mbps, using the modulation and coding discussed
`hereinabove. Of course, the stations 18 are capable of
`transmitting at the 1 and 2 Mbps rates only, whereas the
`stations 22 can transmit the DATA field 214 at a selected
`one of the four data rates.”).
`The “initial portion” in Boer is the claimed “first portion,”
`while the “data portion” in Boer is the “payload portion.”
`
`
`
`16
`
`Exhibit 1221 18/38
`
`

`
`Patent Owner’s Admitted Prior Art In View Of Boer
`See e.g. Ex. 1204, Abstract (“The 1 and 2 Mbps rates use
`DBPSK and DQPSK modulation, respectively. The 5 and 8
`Mbps rates use PPM/DQPSK modulation… The header
`includes fields identifying the data rate for the data portion
`of the message, and a length field.”);
`4:4-11 (“The SIGNAL field 206 has a first predetermined
`value if the DATA field 214 is transmitted at the 1 Mbps
`rate and a second predetermined value if the DATA field
`214 is transmitted at the 2, 5 or 8 Mbps rates. The
`SERVICE field 208 has a first predetermined value
`(typically all zero bits) for the 1 and 2 Mbps rates, a second
`predetermined value for the 5 Mbps rate and a third
`predetermined value for the 8 Mbps rate.”); and
`6:5-17 (“In a station 22 which is to transmit a message, the
`C-MST 132 inserts the preamble 216 and header 218… The
`rate selector 142 uses the SIGNAL and SERVICE fields
`206, 208 to decide whether or not the encoder 146 should
`switch to the 2, 5 or 8 Mbps modes. If rate switching is to
`take place, then after the last bit of the header 218 has
`passed through, the rate selector 142 provides a control
`signal to the encoder, to switch from operation in the 1
`Mbps DBPSK mode to the 2 Mbps DQPSK mode, 5 Mbps
`PPM/QPSK mode or the 8 Mbps PPM/QPSK mode,
`whereby the DATA field 214 is encoded in the selected
`manner.”
`The data within SIGNAL and SERVICE fields in Boer are
`the “first information” and indicate which type of
`modulation method is used modulate data (the “second
`information”) in DATA field 214. The data within the
`DATA field 214 in Boer is the “second information.”
`See Ex. 1204, 6:28-31 (“The C-MST 132 determines if an
`incoming message is addressed to its own station, using a
`destination address included in the DATA field 214 of the
`message 200.”).
`
`
`
`Claim Language
`[1f] wherein first
`information in the
`first portion
`indicates at least
`which of the first
`modulation
`method and the
`second
`modulation
`method is used for
`modulating
`second
`information in the
`payload portion,
`
`[1g] wherein at
`least one group of
`transmission
`sequences is
`addressed for an
`intended
`destination of the
`payload portion,
`and wherein for
`the at least one
`group of
`transmission
`
`
`
`17
`
`Exhibit 1221 19/38
`
`

`
`
`
`Claim Language
`sequences:
`[1h] the first
`information for
`said at least one
`group of
`transmission
`sequences
`comprises a first
`sequence, in the
`first portion and
`modulated
`according to the
`first modulation
`method,
`[1i] wherein the
`first sequence
`indicates an
`impending change
`from the first
`modulation
`method to the
`second
`modulation
`method, and
`
`[1j] the second
`information for
`
`
`
`Patent Owner’s Admitted Prior Art In View Of Boer
`
`Ex. 1204, 3:56-58 (“With regard to the message 200, FIG. 4,
`it should be understood that the preamble 216 and header
`218 are always transmitted at the 1 Mbps rate using DBPSK
`modulation.”).
`SIGNAL field 206 and SERVICE field 208 are the “first
`sequence.”
`
`See e.g. Ex. 1204, Abstract (“The 1 and 2 Mbps rates use
`DBPSK and DQPSK modulation, respectively. The 5 and 8
`Mbps rates use PPM/DQPSK modulation… The header
`includes fields identifying the data rate for the data portion
`of the message, and a length field.”)
`4:4-11 (“The SIGNAL field 206 has a first predetermined
`value if the DATA field 214 is transmitted at the 1 Mbps
`rate and a second predetermined value if the DATA field
`214 is transmitted at the 2, 5 or 8 Mbps rates. The
`SERVICE field 208 has a first predetermined value
`(typically all zero bits) for the 1 and 2 Mbps rates, a second
`predetermined value for the 5 Mbps rate and a third
`predetermined value for the 8 Mbps rate.”); and
`6:5-17 (“In a station 22 which is to transmit a message, the
`C-MST 132 inserts the preamble 216 and header 218… The
`rate selector 142 uses the SIGNAL and SERVICE fields
`206, 208 to decide whether or not the encoder 146 should
`switch to the 2, 5 or 8 Mbps modes. If rate switching is to
`take place, then after the last bit of the header 218 has
`passed through, the rate selector 142 provides a control
`signal to the encoder, to switch from operation in the 1
`Mbps DBPSK mode to the 2 Mbps DQPSK mode, 5 Mbps
`PPM/QPSK mode or the 8 Mbps PPM/QPSK mode,
`whereby the DATA field 214 is encoded in the selected
`manner.”
`Boer teaches that data (the “second sequence”) within
`DATA field 214 can be modulated using the second type of
`
`18
`
`Exhibit 1221 20/38
`
`

`
`
`
`Claim Language
`said at least one
`group of
`transmission
`sequences
`comprises a
`second sequence
`that is modulated
`according to the
`second
`modulation
`method,
`[1k] wherein the
`second sequence
`is transmitted
`after the first
`sequence.
`
`Claim 2
`[2a] 2. The device
`of claim 1,
`wherein the
`transceiver is
`configured to
`transmit a third
`sequence after the
`second sequence,
`
`[2b] wherein the
`third sequence is
`transmitted in the
`
`Patent Owner’s Admitted Prior Art In View Of Boer
`modulation method (DQPSK or PPM/DQPSK) when the
`SIGNAL 206 and SERVICE 208 fields so indicate. Ex.
`1204, 1:33-47, 3:56-62, 4:4-11 & 6:5-21. Each citation is
`quoted above.
`
`The DATA field 214 in Boer (i.e, the recited “second
`sequence”) is transmitted after SIGNAL field 206 and
`SERVICE field 208 (the recited “first sequence”). See e.g.
`Ex. 1204, Fig. 4.
`See e.g. Ex. 1204, 3:56-62. (“With regard to the message
`200, FIG. 4, it should be understood that the preamble 216
`and header 218 are always transmitted at the 1 Mbps rate
`using DBPSK modulation. The subsequent DATA field 214,
`however, may be transmitted at a selected one of the four
`possible rates 1, 2, 5 or 8 Mbps, using the modulation and
`coding discussed hereinabove..”).
`
`APA teaches transmission of multiple sequences. See
`Figure 2. See also Ex. 1201 (APA), 4:4-50. An exemplary
`“third sequence” is training sequence 48 in Fig. 2.
`Boer also teaches transmissio