Inter Partes Reexamination Nos. 95/000,648 & 95/002,108
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Reexamination Control No. 95/000,648
`Filed: October 27, 2011
`
`In re Reexamination Control No. 95/002,108
`Filed: August 29, 2012
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`For: APPROACH FOR SELECTING
`COMMUNICATIONS CHANNELS BASED
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`ON PERFORMANCE
`--------------------------------- )
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`U.S. Patent No. 7,027,418
`Issued: April 21, 2006
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`Confirmation No.: 7148
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`Confirmation No. 8175
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`Examiner: Pokrzywa, Joseph R.
`Art Unit: 3992
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`Mail Stop INTER PARTES REEXAM
`Central Reexamination Unit
`P. 0. Box 1450
`Alexandria, VA 22313-1450
`
`Housekeeping Amendment
`
`In Response to Decision, Sua Sponte, to Merge Reexamination Proceedings
`
`Sir:
`
`This "housekeeping" amendment is submitted by the Patent Owner in response to the
`
`Decision, Sua Sponte, To Merge Reexamination Proceedings dated January 10, 2013 ("Merger
`
`Decision") in the above-referenced inter partes reexamination proceedings. This paper is
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`submitted in duplicate for entry into the files of each of the above-referenced proceedings.
`
`HICKMAN PALERMO TRUONG BECKER BINGHAM
`WONGLLP
`1 Almaden Boulevard, 12th Floor
`San Jose, CA 95113
`Telephone: ( 408) 414-1080
`Facsimile: (408) 414-1076
`
`Attorneys for Patent Owner, Bandspeed, Inc.
`
`52637-0027
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`1
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`Marvell Semiconductor, Inc.
`MediaTek Inc.
`MediaTek USA, Inc.
`Exh. 1009
`IPR of U.S. Pat. No. 7,477,624
`
`

`
`Inter Partes Reexamination Nos. 95/000,648 & 95/002,108
`
`CLAIMS
`
`1.
`
`(Canceled)
`
`(Amended) [The method as recited in claim 1]A method for selecting communications
`2.
`channels for a communications system, the method comprising the computer-implemented steps
`of:
`
`selecting, based upon performance of a plurality of communications channels at a first time
`and channel selection criteria, a first set of two or more communications channels from
`the plurality of communications channels, wherein the channel selection criteria specifies
`that for a particular communications channel to be selected, the particular
`communications channel (a) receives a specified number of affirmative votes to use the
`particular communications channel from a plurality of participants and (b) does not
`receive a negative vote from a particular participant to not use the particular
`communications channel;_
`selecting, based upon performance of the plurality of communications channels at a second
`time that is later than the first time and the channel selection criteria, a second set of two
`or more communications channels from the plurality of communications channels;
`wherein the communications system is a frequency hopping communications system and the
`plurality of communications channels correspond to a set of frequencies to be used based
`on a hopping sequence according to a frequency hopping protocol; and
`wherein at each hop in the hopping sequence, only one communications channel is used for
`communications between a pair of participants.
`
`(Amended) The method as recited in claim [1]2:, wherein the plurality of communications
`3.
`channels communicatively couple at least a plurality of wireless devices.
`
`4. The method as recited in claim 3, wherein the plurality of wireless devices includes one
`or more mobile devices.
`
`(Amended) The method as recited in claim [1]2:, further comprising the steps of:
`5.
`generating first channel identification data that identifies the first set of two or more
`communications channels;
`transmitting the first channel identification data to one or more participants in the
`communications system over one communications channel of the plurality of
`communications channels based on the hopping sequence according to the frequency
`hopping protocol;
`generating second channel identification data that identifies the second set of two or more
`communications channels; and
`transmitting the second channel identification data to one or more participants in the
`communications system over one communications channel of the plurality of
`communications channels based on the hopping sequence according to the frequency
`hopping protocol.
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`52637-0027
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`Inter Partes Reexamination Nos. 95/000,648 & 95/002,108
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`(Amended) [The method as recited in claim 1,]A method for selecting communications
`6.
`channels for a communications system, the method comprising the computer-implemented steps
`of:
`
`selecting, based upon performance of a plurality of communications channels at a first time
`and channel selection criteria, a first set of two or more communications channels from
`the plurality of communications channels, wherein:
`the channel selection criteria specifies that for a particular communications channel to be
`selected, the particular communications channel receives a first specified number of votes
`to use the particular communications channel from among a plurality of votes;
`each participant in a plurality of participants except for a particular participant casts one vote
`of the plurality of votes; and
`the particular participant casts a second specified number of votes~
`selecting, based upon performance of the plurality of communications channels at a second
`time that is later than the first time and the channel selection criteria, a second set of two
`or more communications channels from the plurality of communications channels;
`wherein the communications system is a frequency hopping communications system and the
`plurality of communications channels correspond to a set of frequencies to be used based
`on a hopping sequence according to a frequency hopping protocol; and
`wherein at each hop in the hopping sequence, only one communications channel is used for
`communications between a pair of participants.
`
`(Amended) The method as recited in claim [1]2:, wherein the channel selection criteria
`7.
`include a channel performance threshold.
`
`(Amended) The method as recited in claim [1]2:, further comprising the steps of:
`8.
`generating first channel performance data that indicates the performance of the plurality of
`communications channels at the first time; and
`generating second channel performance data that indicates the performance of the plurality of
`communications channels at the second time.
`
`(Amended) [The method as recited in claim 1,]A method for selecting communications
`9.
`channels for a communications system, the method comprising the computer-implemented steps
`of:
`
`selecting, based upon performance of a plurality of communications channels at a first time
`and channel selection criteria, a first set of two or more communications channels from
`the plurality of communications channels, wherein:
`the channel selection criteria specifies that for a particular communications channel to be
`selected, the particular communications channel receives a specified number of votes to
`use the particular communications channel from among a plurality of votes; and
`each participant in a plurality of participants casts one vote of the plurality of votes;
`selecting, based upon performance of the plurality of communications channels at a second
`time that is later than the first time and the channel selection criteria, a second set of two
`or more communications channels from the plurality of communications channels;
`wherein the communications system is a frequency hopping communications system and the
`plurality of communications channels correspond to a set of frequencies to be used based
`on a hopping sequence according to a frequency hopping protocol; and
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`Inter Partes Reexamination Nos. 95/000,648 & 95/002,108
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`wherein at each hop in the hopping sequence, only one communications channel is used for
`communications between a pair of participants.
`
`10. (Amended) The method as recited in claim [1]2:, further comprising the steps of:
`communicating, prior to the second time, over the first set of two or more communications
`channels, according to the frequency hopping protocol; and
`communicating, after a third time that is not earlier than the second time, over the second set
`of two or more communications channels, according to the frequency hopping protocol.
`
`11. (Amended) The method as recited in claim [1]2:, further comprising the steps of:
`determining the performance of the plurality of communications channels at the first time;
`and
`determining the performance of the plurality of communications channels at the second time.
`
`12. (Amended) The method as recited in claim [1]2:, wherein the performance of the plurality
`of communications channels is based on channel performance data that is transmitted over one or
`more of the plurality of communications channels based on the hopping sequence according to
`the frequency hopping protocol.
`
`13. The method as recited in claim 12, wherein the performance of the plurality of
`communications channels is based on additional channel performance data that is based on
`transmitting the channel performance data over one or more of the plurality of communications
`channels based on the hopping sequence according to the frequency hopping protocol.
`
`14. A method for selecting communications channels for a frequency hopping
`communications system, the method comprising the computer-implemented steps of:
`selecting, based upon performance of a plurality of communications channels at a first time
`and channel selection criteria, a first set of two or more communications channels from
`the plurality of communications channels, wherein the plurality of communications
`channels correspond to a set of frequencies to be used based on a hopping sequence
`according to a frequency hopping protocol, and wherein at each hop in the hopping
`sequence, only one communications channel is used for communications between a pair
`of participants;
`determining, based upon performance of the first set of two or more communications
`channels at a second time that is later than the first time, a number of communications
`channels from the first set of two or more communications channels that satisfy the
`channel selection criteria; and
`if the number of communications channels from the first set of two or more communications
`channels that satisfy the channel selection criteria at the second time is less than a
`specified number, then
`selecting, based upon performance of the plurality of communications channels at a third
`time that is later than the second time and the channel selection criteria, a second set
`of two or more communications channels from the plurality of communications
`channels in the frequency hopping communications system.
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`Inter Partes Reexamination Nos. 95/000,648 & 95/002,108
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`15. (Amended) A method for communicating with a participant in a communications
`arrangement, the method comprising the computer-implemented steps of:
`selecting, based on first performance data that indicates performance of a plurality of
`communications channels at a first time and at least a first performance criterion, a first
`set of two or more communications channels from the plurality of communications
`channels;
`generating first identification data that identifies the first set of two or more communications
`channels;
`providing the first identification data to the participant;
`communicating with the participant over the first set of two or more communications
`channels[,t
`wherein the plurality of communications channels correspond to a set of frequencies to be
`used based on a hopping sequence according to a frequency hopping protocol;
`wherein at each hop in the hopping sequence, only one communications channel is used for
`communications between a pair of participants;[ and]
`wherein the first identification data is provided to the participant over one communications
`channel of the plurality of communications channels based on the hopping sequence
`according to the frequency hopping protocot
`determining, based on second performance data that indicates performance of the first set of
`two or more communications channels at a second time that is later than the first time, a
`number of communications channels from the first set of two or more communications
`channels that satisfy at least a second performance criterion; and
`if the number of communications channels from the first set of two or more communications
`channels is less than a specified number, then:
`selecting, based on third performance data that indicates performance of the plurality of
`communications channels at a third time that is at or later than the second time and at
`least a third performance criterion, a second set of two or more communications
`channels from the plurality of communications channels;
`generating second identification data that identifies the second set of two or more
`communications channels;
`providing the second identification data to the participant over one communications
`channel of the plurality of communications channels based on the hopping sequence
`according to the frequency hopping protocol; and
`communicating with the participant over the second set of two or more communications
`channels.
`
`16. The method of claim 15, wherein the participant is selected from the group consisting of
`a wireless device and a mobile device.
`
`17. The method of claim 15, wherein the first performance data indicates performance for
`each communications channel of the plurality of communications channels.
`
`18. The method of claim 15, wherein the step of providing the first identification data to the
`participant comprises the computer-implemented steps of:
`encrypting the first identification data; and
`providing the encrypted first identification data to the participant.
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`Inter Partes Reexamination Nos. 95/000,648 & 95/002,108
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`19. (Canceled)
`
`20. The method as recited in claim 15, further comprising the computer-implemented step of:
`after selecting the first set of two or more communications channels, causing the first set of
`two or more communications channels to be loaded into a register of the participant.
`
`21. (Amended) The method of claim [19] 15, wherein the participant is a first participant, and
`wherein the method further comprises the computer-implemented steps of:
`providing the first identification data to a second participant over one communications
`channel of the plurality of communications channels based on the hopping sequence
`according to the frequency hopping protocol; and
`communicating with the second participant over the first set of two or more communications
`channels while communicating with the first participant over the second set of two or
`more communications channels.
`
`22. (Amended) The method of claim [19] 15, wherein:
`the second set of two or more communications channels is different than the first set of two
`or more communications channels; and
`the first performance criterion is different than the second performance criterion.
`
`23. The method as recited in claim 15, wherein the participant is a first participant, wherein a
`default set of two or more communications channels is associated with the hopping sequence and
`is not changed based on the performance of the plurality of communications channels, and the
`method further comprises the computer-implemented steps of:
`communicating with a second participant over the default set of two or more communications
`channels while communicating with the first participant over the first set of two or more
`communications channels.
`
`24. The method of claim 15, wherein the step of selecting the first set of two or more
`communications channels comprises the computer-implemented steps of:
`classifying the performance of at least one communications channel of the plurality of
`communications channels based on the first performance data and one or more
`classification criteria that includes at least the first performance criterion; and
`selecting the first set of two or more communications channels based on the at least one
`classified communications channel and one or more selection criteria.
`
`25. (Canceled)
`
`26. (Canceled)
`
`27. (Canceled)
`
`28. The method of claim 15, wherein the first performance data for the plurality of
`communications channels is determined by the computer-implemented steps of:
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`Inter Partes Reexamination Nos. 95/000,648 & 95/002,108
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`transmitting first data to the participant over at least one communications channel of the
`plurality of communications channels;
`receiving, from the participant, second data that indicates a measurement of performance of
`the at least one communications channel, wherein the measurement is based on
`transmitting the first data over the at least one communications channel; and
`determining the first performance data based on at least the second data.
`
`29. The method of claim 15, wherein the first performance data for the plurality of
`communications channels is determined by the computer-implemented steps of:
`transmitting first data to the participant over at least one communications channel of the
`plurality of communications channels;
`receiving, from the participant over at least one additional communications channel of the
`plurality of communications channels, second data that indicates a measurement of
`performance of the at least one communications channel based on transmitting the first
`data over the at least one communications channel;
`generating an additional measurement of performance of the at least one additional
`communications channel based on receiving the second data over the at least one
`additional communications channel; and
`determining the first performance data based on at least the second data and the additional
`measurement.
`
`30. The method of claim 15, wherein the first performance data for the plurality of
`communications channels is determined by the computer-implemented steps of:
`transmitting first data to the participant over at least one communications channel of the
`plurality of communications channels, wherein the first data includes one or more copies
`of a specified data string;
`receiving, from the participant, second data that indicates a measurement of performance of
`the at least one communications channel based on whether errors occur in the one or
`more copies of the specified data string of the first data as a result of transmitting the first
`data to the participant over the at least one communications channel; and
`determining the first performance data based on at least the second data.
`
`31. The method of claim 30, wherein the first data is a data packet and wherein the one or
`more copies of the specified data string are included in a portion of the data packet selected from
`the group consisting of a payload portion of the data packet and a preamble portion of the data
`packet.
`
`32. The method of claim 15, wherein:
`the participant is designated to be a slave; and
`a master performs the steps of selecting, generating, providing, and communicating.
`
`33. The method of claim 15, wherein the first performance data for the plurality of
`communications channels is based on a channel performance testing technique selected from the
`group consisting of a received signal strength indicator, a header error check, a cyclic
`redundancy check, a packet loss ratio, a number of error bits, and forward error correction.
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`Inter Partes Reexamination Nos. 95/000,648 & 95/002,108
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`34. The method of claim 15, wherein the first performance data for the plurality of
`communications channels is determined by the computer-implemented steps of:
`performing a specified number of communications channel performance tests on each
`communication channel in the plurality of communications channels; and
`determining the first performance data based on results of the specified number of
`communications channel performance tests.
`
`35. The method of claim 15, wherein the first performance data for the plurality of
`communications channels is determined by the computer-implemented steps of:
`performing a specified number of communications channel performance tests on each
`communication channel in the plurality of communications channels;
`receiving channel performance data from the participant;
`determining the first performance data based on results of the specified number of
`communications channel performance tests and the channel performance data from the
`participant.
`
`36. The method of claim 15, wherein the participant is a first participant, and wherein the
`method further comprises the computer-implemented steps of:
`providing the first identification data to a second participant over one communications
`channel of the plurality of communications channels based on the hopping sequence
`according to the frequency hopping protocol; and
`communicating with the second participant over the first set of two or more communications
`channels.
`
`37. The method of claim 15, wherein the participant is a first participant, and wherein the
`method further comprises the computer-implemented steps of:
`communicating with a second participant over the plurality of communications channels.
`
`38. The method of claim 15, wherein the step of communicating with the participant over the
`first set of two or more communications channels includes communicating with the participant
`over the first set of two or more communications channels according to a frequency hopping
`protocol defined by Institute of Electrical and Electronics Engineers 802.15.1 Wireless Personal
`Area Network Standard.
`
`39. The method of claim 15, wherein the step of communicating with the participant over the
`first set of two or more communications channels includes communicating with the participant
`over the first set of two or more communications channels according to a frequency hopping
`protocol that conforms to a Bluetooth communications standard for transmissions over a 2.4 GHz
`band.
`
`40. The method of claim 15, wherein the step of selecting the first set of two or more
`communications channels comprises the computer-implemented steps of:
`classifying, based on the first performance data and at least the first performance criterion, at
`least two communications channels of the plurality of communications channels as good
`or bad; and
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`Inter Partes Reexamination Nos. 95/000,648 & 95/002,108
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`selecting at least two communications channels of the plurality of communications channels
`that are classified as good.
`
`41. A method for communicating among a network of communications devices according to
`a frequency hopping protocol, the method comprising the computer-implemented steps of:
`determining first performance data for a plurality of communications channels based on one
`or more performance measurements of the plurality of communications channels,
`wherein the plurality of communications channels correspond to a set of frequencies to be
`used based on a hopping sequence according to the frequency hopping protocol, and
`wherein at each hop in the hopping sequence, only one communications channel is used
`for communications between a pair of communications devices;
`determining classifications, based on the first performance data and at least a first
`performance criterion, of at least two communications channels of the plurality of
`communications channels;
`selecting, based upon the classifications of the at least two communications channels, a first
`set of two or more communications channels;
`generating first identification data that identifies the first set of two or more communications
`channels;
`providing the first identification data to a communications device of the network of
`communications devices over one communications channel of the plurality of
`communications channels based on the hopping sequence according to the frequency
`hopping protocol;
`communicating with the communications device over the first set of two or more
`communications channels according to the frequency hopping protocol;
`determining performance data for the first set of two or more communications channels; and
`if the performance data indicates that at least a specified number of communications channels
`of the first set of two or more communications channels do not satisfy specified
`performance criteria, then
`determining second performance data for the plurality of communications channels based
`on one or more additional performance measurements of the plurality of
`communications channels;
`determining additional classifications, based on the second performance data and at least
`a second performance criterion, of at least two communications channels of the
`plurality of communications channels;
`selecting, based upon the additional classifications of the at least two communications
`channels, a second set of two or more communications channels from the plurality of
`communications channels;
`generating second identification data that identifies the second set of two or more
`communications channels;
`providing the second identification data to the communications device of the network of
`communications devices over one communications channel of the plurality of
`communications channels based on the hopping sequence according to the frequency
`hopping protocol; and
`communicating with the communications device over the second set of two or more
`communications channels according to the frequency hopping protocol.
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`Inter Partes Reexamination Nos. 95/000,648 & 95/002,108
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`42. The method of claim 41, wherein the classifications include good and bad, and wherein
`the step of selecting the first set of two or more communications channels includes selecting the
`first set of two or more communications channels from communications channels that are
`determined to have classifications of good, and wherein the step of selecting the second set of
`two or more communications channels includes selecting the second set of two or more
`communications channels from communications channels that are determined to have
`classifications of good.
`
`43. (Amended) A communications device for use in a network of devices, comprising:
`a memory containing identification data that identifies a first set of two or more
`communications channels from a plurality of communications channels, wherein channel
`performance of the first set of two or more communications channels and at least one
`performance criterion are used to select the first set of two or more communications
`channels;
`a transceiver that is communicatively coupled to the memory and that is configured to
`transmit and receive, based on the identification data, over the first set of two or more
`communications channels, according to a frequency hopping protocol;
`a hop selection mechanism configured to output channel identification information
`identifying a channel of the plurality of communications channels;
`a processor that is communicatively coupled to the memory, wherein the memory includes
`one or more sequences of instructions which, when executed by the processor, cause the
`processor to:
`determine whether the channel identification information output by the hop selection
`mechanism identifies a channel of the plurality of communications channels that is
`not in the first set of two or more communications channels; and
`in response to determining that the channel identification information identifies a channel
`of the plurality of communications channels that is not in the first set of two or more
`communications channels, select a channel from the first set of two or more
`communications channels to use for frequency hopping communications in place of
`the channel identified by the channel identification information;
`wherein the plurality of communications channels correspond to a set of frequencies to be
`used based on a hopping sequence according to the frequency hopping protocol; and
`wherein at each hop in the hopping sequence, only one communications channel is used for
`communications between a pair of participants.
`
`44. The communications device of claim 43, wherein the frequency hopping protocol
`conforms to a Bluetooth communications standard for transmissions over a 2.4 GHz band.
`
`45. (Amended) The communications device of claim 43, wherein the transceiver receives a
`transmission of first data from another device, and [wherein the communications device further
`compnses:
`a processor that is communicatively coupled to the memory, ]wherein the memory includes
`one or more sequences of instructions which, when executed by the processor, cause the
`processor to:
`generate a measurement of channel performance based on the transmission of the first
`data;
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`Inter Partes Reexamination Nos. 95/000,648 & 95/002,108
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`wherein the transceiver transmits, to another communications device, second data that
`includes performance data that indicates the measurement of channel performance; and
`wherein the first set of two or more communications channels is selected based at least in
`part on the measurement of channel performance.
`
`46. (Amended) The communications device of claim 43, wherein the transceiver receives a
`transmission of first data from another device, wherein the first data includes one or more copies
`of a specified data string, and [wherein the communications device further comprises:
`a processor that is communicatively coupled to the memory, ]wherein the memory
`includes one or more sequences of instructions which, when executed by the
`processor, cause the processor to:
`generate a measurement of channel performance based on whether errors occur in the one
`or more copies of the specified data string of the first data as a result of the
`transmission of the first data;
`wherein the transceiver transmits second data, to another communications device, that
`includes performance data that indicates the measurement of channel performance;
`and
`wherein the first set of two or more communications channels is selected based at least in
`part on the measurement of channel performance.
`
`47. The communications device of claim 43, wherein: the communications device is
`designated to be a slave.
`
`48. The communications device of claim 43, wherein:
`the communications device is selected from the group consisting of a wireless
`communications device and a mobile communications device.
`
`49. The communications device of claim 43, wherein the frequency hopping protocol is
`defined by Institute of Electrical and Electronics Engineers 802.15.1 Wireless Personal Area
`Network Standard.
`
`50. (Amended) A communications device for use in a network of devices, comprising:
`a memory for storing one or more sequences of instructions;
`a processor that is communicatively coupled to the memory, wherein the memory includes
`one or more sequences of instructions which, when executed by the processor, cause the
`processor to:
`select, based on first performance data that indicates performance of a plurality of
`communications channels at a first time and at least a first performance criterion, a
`first set of two or more communications channels from the plurality of
`communications channels;
`generate and store in the memory first identification data that identifies the first set of two
`or more communications channels;
`cause the first identification data to be transmitted to another communications device; and
`responsive to obtaining channel identification information output by a hop selection
`mechanism that identifies a channel of the plurality of communications channels,
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`Inter Partes Reexamination Nos. 95/000,648 & 95/002,108
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`determine whether the channel identification information output by the hop selection
`mechanism identifies a channel of the plurality of communications channels that
`is not in the first set of two or more communications channels; and
`use the channel identified by the channel identification information for frequency
`hopping communications with the other communications device, if the channel is
`in the first set of two or more communications channels, or else if the channel is
`not in the first set of two or more communications channels, then select a channel
`from the first set of two or more communications channels to use for frequency
`hopping communications with the other communications device instead of the
`channel identified by the channel identification information output by the hop
`selection mechanism;
`a transceiver that is communicatively coupled to the memory and that is configured to
`transmit to and receive from the other communications device, based on the first
`i