Filed on behalf of Marvell Semiconductor, Inc., MediaTek Inc., and MediaTek
`USA, Inc.
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`
`
`By: Lori A. Gordon
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`Robert E. Sokohl
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`Jeffrey T. Helvey
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`Sterne, Kessler, Goldstein & Fox PLLC
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`1100 New York Avenue, NW
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`Washington, D.C.
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`Tel: (202) 371-2600
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`Fax: (202) 371-2540
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`PETITION FOR INTER PARTES REVIEW
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`OF U.S. PATENT NO. 7,477,624
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`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
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`

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`TABLE OF CONTENTS
`
`
`Mandatory Notices (37 C.F.R. § 42.8(a)(1)) ............................................ 1
`I.
`Grounds for Standing (37 C.F.R. § 42.104(a)) ........................................ 2
`II.
`Identification of Challenge (37 C.F.R. § 42.104(b)) ................................ 2
`III.
`Statutory grounds for the challenge. ............................................................ 2
`A.
`Citation of Prior Art ..................................................................................... 3
`B.
`The ’624 Patent .......................................................................................... 3
`IV.
`Overview of the ’624 Patent ........................................................................ 3
`A.
`Level of Ordinary Skill in the Art ............................................................... 6
`B.
`Claim Construction ...................................................................................... 6
`C.
`Prosecution History of Related Patents ....................................................... 7
`D.
`Grounds of Rejection ................................................................................. 9
`V.
`Ground 1: Gerten anticipates claims 1, 4, 13, 16, 25, 28, and 29. .............. 9
`A.
`1. Overview of Gerten ...................................................................................... 9
`2. Gerten anticipates independent claim 1. .................................................... 11
`3. Gerten anticipates claim 4. ......................................................................... 19
`4. Gerten anticipates claims 13, 16, 25, 28 and 29. ....................................... 22
`B.
`Ground 2: The combination of Gerten and Cuffaro renders claims 2, 3, 14,
`15, 26, and 27 obvious .......................................................................................... 25
`1. Gerten/Cuffaro renders claims 2, 14, and 26 obvious. .............................. 25
`2. Gerten/Cuffaro renders claims 3, 15, and 27 obvious. .............................. 32
`C.
`Ground 3: The combination of Gendel and Haartsen renders claims 1, 3,
`4, 13, 15, 16, 25, 27, 28, and 29 obvious. ............................................................. 37
`1. Overview of Gendel ................................................................................... 37
`2. The combination of Gendel and Haartsen renders claim 1 obvious. ......... 39
`3. The combination of Gendel and Haartsen renders claim 4 obvious. ......... 47
`4. Gendel/Haartsen renders claims 13, 16, 25, 28, and 29 obvious. .............. 50
`5. Gendel/Haartsen renders claims 3, 15, and 27 obvious. ............................ 53
`D.
`Ground 4: The combination of Gendel, Haartsen, and Sage renders claims
`2, 14, and 26 obvious. ........................................................................................... 55
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`i
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`1. The combination of Gendel, Haartsen, and Sage discloses the hopping
`sequence claim limitations of claims 2, 14, and 26. .................................. 55
`2. The combination of Gendel, Haartsen, and Sage discloses “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” of claims 2, 14, and 26. ... 57
`Conclusion ................................................................................................ 60
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`VI.
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`ii
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`Marvell Semiconductor, Inc., MediaTek Inc., and MediaTek USA, Inc.
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`jointly petition for inter partes review of claims 1-4, 13-16, and 25-29 of United
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`States Patent No. 7,477,624 to Gan, et al., titled “Approach for Managing the Use
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`of Communications Channels Based on Performance” (hereinafter “the ʼ624 pa-
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`tent”). The ʼ624 patent is provided as Exhibit 1001.
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`I. Mandatory Notices (37 C.F.R. § 42.8(a)(1))
`REAL PARTY IN INTEREST: The real parties-in-interest of Petitioners are
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`Marvell Semiconductor, Inc., MediaTek Inc., and MediaTek USA, Inc.
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`RELATED MATTERS: The ’624 Patent is involved in the following proceed-
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`ings that may affect or be affected by a decision in this proceeding: Bandspeed,
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`Inc. v. STMicroelectronics NV et al, 1:14-cv-00437, Bandspeed, Inc. v. Broadcom
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`Corporation, 1:14-cv-00433, Bandspeed, Inc. v. Texas Instruments Incorporated,
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`1:14-cv-00438, Bandspeed, Inc. v. Qualcomm Incorporated et al, 1:14-cv-00436,
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`Bandspeed, Inc. v. Marvell Semiconductor, Inc., 1:14-cv-00434, and Bandspeed,
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`Inc. v. MediaTek, Inc., et al., 1:14-cv-00435, all in the Western District of Texas.
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`Petitioners are also contemporaneously filing with this petition two other
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`petitions for inter partes review of the remaining claims in the '624 patent.
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`LEAD AND BACKUP COUNSEL: Pursuant to 37 C.F.R. § 42.8(b)(3) and
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`42.10(a), Petitioners appoint Lori A. Gordon (Reg. No. 50,633) as its lead coun-
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`sel, Robert E. Sokohl (Reg. No. 36,013) as its back-up counsel, and Jeffrey T.
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`Helvey (Reg. No. 44,757) as its back-up counsel, all at the address: STERNE, KESS-
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`LER, GOLDSTEIN & FOX, 1100 New York Avenue, N.W., Washington, D.C., 20005,
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`phone number (202) 371-2600 and facsimile (202) 371-2540.
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`SERVICE INFORMATION: Petitioners consent to electronic service by email at
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`the email addresses: lgordon-PTAB@skgf.com, rsokohl-PTAB@skgf.com, and
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`jhelvey-PTAB@skgf.com
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`II. Grounds for Standing (37 C.F.R. § 42.104(a))
`The undersigned, Marvell Semiconductor, Inc., MediaTek Inc., and Medi-
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`aTek USA, Inc. certify that the ʼ624 patent is available for inter partes review.
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`Marvell Semiconductor, Inc., MediaTek Inc., and MediaTek USA, Inc. each certi-
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`fies that it is not barred or estopped from requesting this inter partes review on the
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`grounds identified herein.
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`III. Identification of Challenge (37 C.F.R. § 42.104(b))
`A. Statutory grounds for the challenge.
`Petitioners request review of claims 1-4, 13-16, and 25-29 on four grounds:
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`GROUND 1: Claims 1, 4, 13, 16, 25, 28, and 29 are anticipated under 35 U.S.C. §
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`102(e) by Gerten. GROUND 2: Claims 2, 3, 14, 15, 26, and 27 are obvious over
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`the combination of Gerten and Cuffaro. GROUND 3: Claims 1, 3, 4, 13, 15, 16,
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`25, 27, 28, and 29 are obvious over Gendel in view of Haartsen. GROUND 4:
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`Claims 2, 14, and 26 are obvious over Gendel in view of Haartsen and Sage.
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`B. Citation of Prior Art
`In support of the grounds of unpatentability cited above, Petitioners cite the
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`following prior art references:
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`Petitioners cite the following prior art references in support of the grounds of
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`unpatentability: U.S. Patent No. 6,760,319 to Gerten, provided as Exhibit 1003,
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`U.S. Patent No. 6,418,317 to Cuffaro, provided as Exhibit 1004, U.S. Patent No.
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`7,280,580 to Haartsen, provided as Exhibit 1006, and U.S. Patent No. 5,781,582 to
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`Sage, provided as Exhibit 1007, each qualifies as prior art under at least 35 U.S.C.
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`§102(e) because each was filed prior to the earliest possible priority date of the
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`’624 patent (January 25, 2001).
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` U.S. Patent No. 6,115,407 to Gendel, et al., provided as Exhibit 1005,
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`qualifies as prior art under at least 35 U.S.C. §102(a) because it issued on Septem-
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`ber 5, 2000 prior to the earliest possible priority date of the ’624 patent (January
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`25, 2001).
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`IV. The ’624 Patent
`A. Overview of the ’624 Patent
`The ’624 patent relates to “managing the use of communications channels
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`based on channel performance.” (’624 patent, 1:46-48.) FIG. 2 of the ’624 patent
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`(reproduced below) depicts a communications network having a number of com-
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`munications devices labeled master 210, slave 220 and slave 230. Each of the
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`communications devices includes a memory, a processor that may execute instruc-
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`tions stored in memory, and a transceiver that
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`is configured to transmit and receive commu-
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`nications with other devices of the communi-
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`cations network. (Id., 9:53-59.)
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`To manage the communications chan-
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`nels, the system of the ’624 patent selects a
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`first set of communications channels “based
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`on the performance of the communications
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`channels and channel selection criteria.” (Id., 4:11-13.) “For example, the selection
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`criteria may be to select the good channels but not the bad channels.” (Id., 6:53-
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`55.) At start-up of the communications network, the system selects an initial set of
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`channels. (Id., 6:19-21.) The system then periodically selects sets of channels
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`based on later performance of the communications channels. (Id., 4:14-16.)
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`The ’624 patent describes various well-known techniques for measuring per-
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`formance of communications channels. (See id., 10:19-14:59.) The disclosed tech-
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`niques utilize special test packets (10:33-12:35), received signal strength indicators
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`(RSSI) (12:37-13:2), cyclic redundancy checks (CRC) (13:50-14:6), and forward
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`error correction (FEC) (14:19-41). The system classifies a communication channel
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`based on channel performance and one or more classification criteria. (Id., 14:63-
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`65.) “For example, a channel may be classified as ‘good’ or ‘bad’ based on the re-
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`sults of the channel performance testing by applying one or more performance
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`measurements to specified performance criteria.” (Id., 14:65-15:2.)
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`“Channel testing and classification may be performed by a master” (e.g.,
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`master 210) “or other participants, such as slaves” (e.g., slaves 220 or 230). (Id.,
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`16:42-43.) “In addition, channel testing and classifications from multiple partici-
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`pants may be combined and/or weighted to determine an overall, or final, classifi-
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`cation for the channels of interest.” (Id., 16:43-46.)
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`The ’624 patent describes one technique for a “‘referendum’ approach” in-
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`volving voting by participants. (Id., 16:47-49.) In the exemplary voting technique,
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`a participant has a “‘vote’ on whether to use the channel or not.” (Id., 16:65-66.)
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`For example, a vote may indicate that the participant prefers not to use the channel
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`(e.g., participant finds channel “bad”) or a vote may indicate that the participant
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`prefers to use the channel (e.g., participant finds channel “good”). (Id., 16:66-
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`17:4.) A certain number of total votes “is required for the channel to be judged
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`‘good’ and therefore available for use by the FH communications system.” (Id.,
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`17:5-7.) “Not every participant needs to have input for each channel under consid-
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`eration.” (Id., 17:29-30.) As explained in the ’624 patent, participants “may collect
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`and combine the channel performance information, or votes, to determine the final
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`channel classifications.” (Id., 17:30-34.)
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`In embodiments, the devices of the ’624 patent communicate using a fre-
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`quency hopping (FH) protocol such as used in Bluetooth communications. The
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`’624 patent explains that a FH protocol “uses a frequency hopping signal transmis-
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`sion technique in which information or data is transmitted over a set of frequencies
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`in a communications frequency band.” (Id., 2:5-9.) These frequencies are often re-
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`ferred to as channels. (Id., 2:19-20.) A FH protocol utilizes a hopping sequence,
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`which is “[t]he order in which the communications network hops among the set of
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`frequencies.” (Id., 2:11-13.) For example, “[t]he FH system transmits data on one
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`channel, hops to the next channel in the hopping sequence to transmit more data,
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`and continues by transmitting data on subsequent channels in the hopping se-
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`quence.” (Id., 2:20-24.) “The use of an FH protocol helps to reduce problems with
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`interference from other communications systems and other interference sources.”
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`(Id., 2:25-27.)
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`B. Level of Ordinary Skill in the Art
`One of ordinary skill in the art would have a B.S. degree in Electrical and/or
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`Computer Eng., or an equivalent field, as well as at least 3-5 years of academic or
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`industry experience in the wireless communications field. (Ding Decl.1, ¶¶14-16.)
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`C. Claim Construction
`Except for the exemplary terms set forth below, construed under the broad-
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`est reasonable interpretation standard, the terms are to be given their plain and or-
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`1 The Declaration of Dr. Zhi Ding is provided as Exhibit 1002.
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`dinary meaning as understood by one of ordinary skill in the art and consistent
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`with the disclosure. Petitioners reserve the right to present different constructions
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`in the District Court where a different claim construction standard applies.
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`Hopping Sequence [claims 1, 2, 14, 16, 26, and 28]: The term “hopping
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`sequence” should be construed as the order in which the network hops among a set
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`of frequencies. The term “hopping sequence” is a well-understood term of art.
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`(Ding Decl., ¶35.) The specification uses the term in accordance with this under-
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`stood meaning: “The order in which the communications network hops among the
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`set of frequencies is known as the hopping sequence.” (’624 patent, 2:11-13.)
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`Vote [claims 3, 15, and 27]: The term “vote” is not explicitly defined in the
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`specification. However, a “vote” is a common term meaning an expression of a
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`choice (an indication). (Am. Her. Dict., 2nd Col. Ed., Exh. 1011, p. 1356.) There-
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`fore, a “vote[s] to use the particular communications channel” means at least an
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`indication whether to use (or not to use) the communications channel or an indica-
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`tion whether the communication channel is good or bad. (See, e.g., ’624 patent,
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`16:66-17:4.)
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`D. Prosecution History of Related Patents
`The ’624 patent is one patent in a family of patents sharing the same specifi-
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`The prossecution off these paatents is hhighly relevvant becauuse the Paatent
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`cation.2
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`method
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`Owner
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`has pursueed claims
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`patent.
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`For exampple, claim
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`having suubstantiallyy identical
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`claim termms in the
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`’624
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`1 of the ’418 patennt (reproduuced beloww), drafted
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`as a
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`claim, shaares limitaations withh claim 1 aand claim
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`2 of the ’6624 patentt (re-
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`produceed below inn part), draafted as deevice claimms. Claimss 13, 14, 255 and 26 o
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`f the
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`’624 paatent also shhare these same limittations witth claim 1 oof the ’4188 patent.
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`OOn Octoberr 6, 2011,
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`an inter partes reexaamination
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`against claaims
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`was filed
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`of the ’418 patentt, includingg claim 1.
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`During thhe reexamiination prooceeding (CCon-
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`trol No
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`. 95/000,648), the OOffice rejeccted claim
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`1 as anticcipated by
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`Gerten annd as
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`2 The ’624 ppatent is a
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`continuatiion of U.S.. Patent Noo. 7,027,4118 (“the ’4
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`18
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`8 patent ispatent”)). The ’41 provided as Exh. 10015.
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`anticipated by Gendel. (Non-Final Office Action, Exh. 1008, pp. 34-35, 92-93.) In
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`response, Patent Owner cancelled claim 1, instead of arguing patentability over ei-
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`ther Gerten or Gendel. (See Housekeeping Amendment, Exh. 1009, p. 2.) Thus, Pa-
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`tent Owner appears to acknowledge that these shared limitations of claims 1 and 2
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`of the ’624 patent, claims 13 and 14 of the ’624 patent, and claims 25 and 26 of the
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`’624 patent were known and moreover were disclosed by both Gerten and Gendel.3
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`V. Grounds of Rejection
`A. Ground 1: Gerten anticipates claims 1, 4, 13, 16, 25, 28, and 29.
`1. Overview of Gerten
`Gerten is directed “to a system and method for removing channels in a fre-
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`quency hopping scheme having strong interference or interferers in a wireless
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`communication system.” (Gerten,
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`2:34-37.) FIG. 1 of Gerten (repro-
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`duced right) depicts a network hav-
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`ing three piconets 10, 12, and 14.
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`(Id., 3:8-12.) As shown in FIG. 1,
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`the first piconet 10 has a plurality of
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`3 The limitations of claims 3, 4, 15, 16, and 27-29 of the ’624 patent are not
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`as directly mirrored to the claims of the ’418 patent.
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`mobile units 20 including a master mobile unit and a slave mobile unit. (Id., 3:27-
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`31.) The master mobile unit in Gerten is a device “whose clock and hopping se-
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`quence are employed to synchronize other devices in the piconet--devices in a
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`piconet that are not the master are typically slaves.” (Id., 3:22-26.)
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`The mobile device 20 of Gerten, depicted below in FIG. 2, includes a trans-
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`ceiver 32, a frequency synthesizer 60 having a memory 62, and a central control
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`system 30 that can include “a processor or the like that is programmed to control
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`and operate various components within the mobile communication unit 20 in order
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`to carry out various functions.” (Id., 3:44-48.) The “frequency synthesizer compo-
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`nent 60 cooperates with the central control system 30 and a device clock 64 to pro-
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`vide frequency hopping for the mobile communication unit 20.” (Id., 3:65-4:1.)
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`In operation, a master device in the piconet determines “which channels
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`have [the] strongest interference.” (Id., 4:50-51.) For example, the master device
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`may employ “signal strength measurements on N number of channels (N being an
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`integer) of the frequency hopping scheme to determine M number of channels (M
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`being an integer less than or equal to N) to avoid.” (Id., 2:37-41.) The master de-
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`vice communicates the channels to be avoided (the bad channels) to a remote de-
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`vice. (Id., 2:41-47.) The master and remote device then modify their respective
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`hopping sequences and begin transmitting data at the modified hopping sequence
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`with the remaining N-M good channels. (Id., 2:47-52.) The master device “periodi-
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`cally updates the channels to be avoided.” (Id., 4:58-59.) When a subsequent up-
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`date occurs, the master device again communicates the channels to be avoided to a
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`remote device and they both modify their respective hopping sequences again. (Id.,
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`4:62-65.)
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`2. Gerten anticipates independent claim 1.
`a) Gerten discloses “[a] communications device for use in a network of
`devices” [1P].
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`As illustrated above in FIG. 1, a piconet of Gerten is “a network of devices”:
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`“A piconet is a collection of devices that can be connected via Bluetooth technolo-
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`gy.” (Gerten, 3:8-12.) The master mobile unit of the piconet, for example, is a
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`“communication device for use in the network of devices.” (Id., 3:27-31.)
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`b) Gerten discloses “a memory for storing instructions” [1A] and “a
`processor that is communicatively coupled to the memory, wherein
`the memory includes instructions which, when processed by the
`processor, causes” [1B] a set of actions to occur.
`Gerten discloses a “processor” and “a memory for storing instructions” in-
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`cluding “instructions which, when processed by the processor” cause the channel
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`selection actions of limitations [1Bi] and [1Bii] (discussed below) to occur. Central
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`control system 30 of Gerten includes a “processor” to cause the device to perform
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`functions: “[a] central control system 30 is responsible for controlling general op-
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`erations of the mobile communication unit 20. The central control system 30 can
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`include a processor or the like that is programmed to control and operate vari-
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`ous components within the mobile communication unit 20 in order to carry out var-
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`ious functions.” (Gerten, 3:40-48.) One of the functions controlled and operated by
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`the processor is the channel identification algorithm of Gerten: “The identification
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`algorithm can use hardware (e.g., measurement power component 66) and soft-
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`ware (e.g., residing in central control system 30) to read signal strength of chan-
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`nels and determine which channels to avoid.” (Gerten, 5:20-24, emphasis added.) It
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`is well-known that software includes “instructions.” (Ding Decl., ¶42.)
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`The central control system 30 of Gerten also includes “a memory”: “The
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`memory component 62 may include a plurality of register banks for storing synthe-
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`sizer codes that are employed to facilitate frequency hopping. Alternatively, the
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`register banks may reside in the central control system 30 (e.g., in a memory
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`component, onboard registers or memory in a processor or in separate register
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`components).” (Gerten, 4:1-6, emphasis added.) In order for the software that re-
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`sides in central control system 30 to be used for channel identification, the set of
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`instructions making up the software is necessarily stored in a memory and “pro-
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`cessed by the processor.” (Ding Decl., ¶43.) Gerten recognized that these details
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`were well-understood and need not be spelled out: “The manner in which the pro-
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`cessor can be programmed to carry out the functions relating to the present inven-
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`tion will be readily apparent to those having ordinary skill in the art based on the
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`description provided herein.” (Gerten, 3:48-52, emphasis added.)
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`c) Gerten discloses “selecting, based upon performance of a plurality
`of communications channels at a first time, a first set of two or
`more communications channels from the plurality of communica-
`tions channels” [1Bi].
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`Gerten “select[s] . . . a first set of two or more communications channels
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`from the plurality of communications channels” “based upon performance of a
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`plurality of communications channels”: “the master device performs a channel
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`scan at completion of its last transmission (step 120) [“at a first time”] and deter-
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`mines which channels have strongest interference.” (Gerten, 4:47-51.) For exam-
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`ple, the master unit of Gerten performs signal strength measurements on N chan-
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`nels in a frequency hopping scheme (“the plurality of communications channels”)
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`to determine each channel’s performance. (Id., 2:37-41.) Based on this perfor-
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`mance data, the master unit determines “M number of channels (M being an inte-
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`ger less than or equal to N) to avoid.” (Id.) The system of Gerten then “modif[ies]
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`the frequency hopping scheme to avoid transmission over the M channels.” (Id.,
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`2:41-42.) Gerten explains that M could be four. (Id., 4:24-37.) And “(N-M) chan-
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`nels” can be used for frequency hopping for interference avoidance. (Id., 2:51-52.)
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`(emphasis on the plural s added.) Therefore, the resulting set of channels (N-M) is
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`a “first set of two or more communications channels from the plurality of commu-
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`nications channels.” (Ding Decl., ¶44.)
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`d) Gerten discloses “selecting, based upon performance of the plurali-
`ty of communications channels at a second time that is later than
`the first time, a second set of two or more communications channels
`from the plurality of communications channels” [1Bii].
`After establishing a modified hopping sequence “at a first time”, the master
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`unit of Gerten “periodically updates the channels to be avoided.” (Gerten, 4:58-59,
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`emphasis added.) When a subsequent update occurs (“at a second time that is later
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`than the first time”), the master unit repeats the identification process described
`
`above: the master unit determines [M2] number of channels ([M2] being an integer
`
`less than or equal to N) to avoid. (Id., 2:37-52; see also id., 9:64-10:2.) The system
`
`of Gerten then “modif[ies] the frequency hopping scheme to avoid transmission
`
`over the [M2] channels.” (Id., 2:41-42.) The resulting set of channels (N-M2) is the
`
`“second set of two or more communications channels from the plurality of commu-
`
`nications channels.” (Ding Decl., ¶45.)
`
`e) Gerten discloses “a transceiver that is communicatively coupled to
`the memory and that is configured to transmit to and receive from
`another communications device” [1C].
`
`As illustrated in FIG. 2 above, the master unit of Gerten “includes a trans-
`
`ceiver 32 having transmitting circuitry 34 and receiving circuitry 36 that are both
`
`coupled to an antenna 38.” (Gerten, 3:53-55.) The transceiver “is configured to
`
`transmit to and receive from another communications device”: “The receiver 36
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`receives transmissions through the antenna 38” (Id., 3:55-58) and “[t]ransmissions
`
`are transmitted from the central control system 30 . . . to the transmitter 34 out
`
`through the antenna 38” (Id. 3:60-63).
`
`The transceiver of Gerten is “communicatively coupled to the memory.” The
`
`central control system 30 includes a memory. (Id., 4:3-6.) Transceiver 32 is “com-
`
`municatively coupled” to the central control system 30 and is therefore “communi-
`
`catively coupled” to the memory of central control system 30. (Ding Decl., ¶47.)
`
`f) Gerten discloses “for a first period of time, the first set of two or
`more communications channels is used to transmit to and receive
`from the other communications device” [1Di] and “for a second pe-
`riod of time that is after the first period of time, the second set of
`two or more communications channels is used to transmit to and
`receive from the other communications device instead of the first
`set of two or more communications channels.” [1Dii].
`
`After the master unit of Gerten selects the first set of two or more communi-
`
`cations channels, the master unit communicates the M channels to be avoided “to
`
`wireless units involved in the communication system, so that the members of the
`
`wireless communication system can frequency hop together over the modified
`
`frequency hopping scheme.” (Gerten, 2:43-47, emphasis added.) Once the mobile
`
`units “modify their respective hopping sequences . . . [then i]n step 170, the master
`
`device and the remote device begin transmitting data at the modified hopping se-
`
`quences.” (Id., 4:54-58.) Accordingly, in Gerten, “for a first period of time, the
`
`first set of two or more communications channels is used to transmit to and receive
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`from the other communications device.”
`
`The first period of time lasts until the master unit subsequently updates the
`
`channels to be avoided. (Ding Decl., ¶49.) When a subsequent update occurs (“at a
`
`second time”), the master unit repeats the identification process and communicates
`
`the new M2 channels to avoid to wireless units involved in the communication sys-
`
`tem. (Id.) The mobile units “modify their respective hopping sequences…[then i]n
`
`step 170, the master device and the remote device begin transmitting data at the
`
`modified hopping sequences.” (Gerten, 4:54-58.) Accordingly, in Gerten, “for a
`
`second period of time that is after the first period of time, the second set of two or
`
`more communications channels is used to transmit to and receive from the other
`
`communications device instead of the first set of two or more communications
`
`channels.” The second period of time lasts until a subsequent update is performed
`
`by the master unit. (Ding Decl., ¶49.)
`
`g) Gerten discloses “wherein the communications device is a first
`communications device, the other communications device is a sec-
`ond communications device, a default set of two or more communi-
`cations channels is associated with a hopping sequence and is not
`changed based on the performance of the plurality of communica-
`tions channels” [1E].
`The piconet of Gerten includes a master unit (“first communications device”)
`
`and multiple slave units (“second [and third] communications device”). (See Ger-
`
`ten, FIG. 1.; see also id., 3:10-18.) “A master unit is a device in a piconet whose
`
`clock and hopping sequence are employed to synchronize other devices in the
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`piconet--devices in a piconet that are not the master are typically slaves.” (Id.,
`
`3:22-26.) The wireless communications devices of Gerten have two modes of op-
`
`eration – normal mode and interference avoidance mode: “The frequency hopping
`
`scheme can be modified by providing a first register bank storing synthesizer
`
`codes for generating frequency hopping over the N total channels in normal mode
`
`with an alternate register bank storing synthesizer codes for generating frequen-
`
`cy hopping over N-M channels for interference avoidance mode.” (Id., 2:47-52,
`
`emphasis added.)
`
`The master device (in a communication pair) determines if the remote device
`
`has interference avoidance capabilities. (Id., 4:42-44.) If not, the “normal mode” of
`
`operation is used for communications; otherwise, the interference avoidance mode
`
`is used for communications. (Id., 4:44-52.) “Normal mode” in Gerten uses all N
`
`available frequency channels for “legacy” devices that cannot perform interference
`
`avoidance. (Ding Decl., ¶52.) The N channels loaded in the first register for “nor-
`
`mal mode” are therefore a “default set of two or more communications channels”
`
`that is “not changed based on the performance of the plurality of communications
`
`channels.” The default N set of channels in Gerten is “associated with a hopping
`
`sequence” because the (N-M) set of channels in the hopping sequence in interfer-
`
`ence avoidance mode is derived from the default N set of channels and the default
`set of channels is used in the hopping sequence in normal mode.
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`h) Gerten discloses “the transceiver is configured to transmit to and
`receive from a third communications device over the default set of
`two or more communications channels while transmitting to and
`receiving from the second communications device over the first set
`of two or more communications channels and while transmitting to
`and receiving from the second communications device over the sec-
`ond set of two or more communications channels” [1F].
`
`FIG. 1 of Gerten depicts a piconet having a master mobile unit in communi-
`
`cation with 4 other slave devices. (Ding Decl., ¶54.) In such a network, the master
`
`device of Gerten performs a service discovery request to determine if each slave
`
`device has interference avoidance capabilities. (Ding Decl., ¶53; see also, Gerten,
`
`4:38-51.) Accordingly, when Gerten’s interference avoidance scheme is applied to
`
`the piconet 10, the transceiver in the master mobile unit 20 (“first communications
`
`device”) wirelessly communicates with slave mobile unit 20 (“second communica-
`
`tions device”) using the interference avoidance mode during the time that the mas-
`
`ter device is wirelessly communicating with another slave device that is a legacy
`
`device (“third communications device”) using the normal mode. (Ding Decl., ¶55.)
`
`Accordingly, Gerten discloses “the transceiver is configured to transmit to and re-
`
`ceive from a third communications device over the default set of two or more
`
`communications channels while4 transmitting to and receiving from the second
`
`4 The term “while” is a common term meaning “during the time that.” (Am.
`
`Her. Dict., 2nd College Ed., Exh. 1012, p. 1376.) Therefore, claim 1 does not re-
`
`quire simultaneous communications – only that the master device can communi-
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`communications device.” As described above, the master device communicates
`
`“over the first set of two or more communications channels” for a first period of
`
`time and “over the second set of two or more communications channels” for a sec-
`
`ond period of time.
`
`3. Gerten anticipates claim 4.
`a) Gerten discloses “the memory further includes instructions, which
`when processed by the processor, causes: 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 first reg-
`ister of the communications device and a second register of the oth-
`er communications device” [4A].
`The wireless communications devices of Gerten include “a first register
`
`bank storing synthesizer codes for generating frequency hopping over the N total
`
`channels in normal mode with an alternate register bank storing synthesizer
`
`codes for generating frequency hopping over N-M channels for interference
`
`avoidance mode.” (Gerten, 2:47-52, emphasis added.) Both the master and slave
`
`units of Gerten have registers: “the master device and the slave device define an
`
`alternate register bank of N-M channels…and [i]n step 330, the alternate register
`
`bank is loaded with N-M synthesizer code words for the N-M cha