UNITED STATES PATENT AND TRADEMARK OFFICE
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`______________
`
`ERICSSON INC. AND TELEFONAKTIEBOLAGET
`LM ERICSSON,
`Petitioners
`
`v.
`
`INTELLECTUAL VENTURES II LLC
`Patent Owner
`______________
`
`Case IPR2015-01664
`Patent No. 7,787,431
`______________
`
`DECLARATION OF KENNETH ZEGER, PH.D.
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`

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`Zeger Declaration
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`Inter Partes Review of U.S Patent No. 7,787,431
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`TABLE OF CONTENTS
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`I.  
`
`II.  
`
`INTRODUCTION .......................................................................................... 1  
`
`PROFESSIONAL BACKGROUND AND QUALIFICATIONS .................. 1  
`
`III.   COMPENSATION ......................................................................................... 4  
`
`IV.   LEGAL STANDARDS APPLIED ................................................................. 5  
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`A.   Obviousness ......................................................................................... 5  
`
`B.  
`
`Person Having Ordinary Skill In The Art ............................................ 7  
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`V.  
`
`‘431 PATENT ............................................................................................... 10  
`
`A.  
`
`B.  
`
`Background ........................................................................................ 10  
`
`Detailed Description ........................................................................... 12  
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`VI.   CLAIM CONSTRUCTION ......................................................................... 17  
`
`A.  
`
`Petitioner’s Disputed Claim Terms .................................................... 18  
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`1.  
`
`2.  
`
`3.  
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`“Core-Band” ............................................................................. 18  
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`“Primary Preamble” ................................................................. 19  
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`Peak-to-Average Ratio ............................................................. 19  
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`B.  
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`Patent Owner’s Disputed Claim Terms .............................................. 20  
`
`1.  
`
`2.  
`
`3.  
`
`4.  
`
`5.  
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`“Transmit[ting] a Broadcast Channel in an OFDMA
`Core-Band” .............................................................................. 20  
`
`“First Plurality of Subcarrier Groups” ..................................... 25  
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`“Second Plurality of Subcarrier Groups” ................................. 26  
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`“Control and Data Channels” ................................................... 28  
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`“Variable Band” ....................................................................... 29  
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`VII.   THE CITED PRIOR ART ............................................................................ 31  
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`Zeger Declaration
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`Inter Partes Review of U.S Patent No. 7,787,431
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`A.   Dulin U.S. Patent Application No. 2002/0055356 ............................. 31  
`
`B.  
`
`C.  
`
`Yamaura U.S. Patent 7,782,750 ......................................................... 34  
`
`Zhuang U.S. Patent 7,426,175 ............................................................ 37  
`
`D.   Hwang Article – “A New Frame Structure For Scalable
`OFDMA Systems” ............................................................................. 40  
`
`VIII.   THE CITED PRIOR ART COMBINATION FAILS TO DISCLOSE
`SEVERAL ELEMENTS OF INDEPENDENT CLAIMS 8 and 18 ............. 40  
`
`A.  
`
`B.  
`
`The Cited Prior Art Fails To Disclose “Transmitting A
`Broadcast Channel In An OFDMA Core Band” As Claimed ............ 41  
`
`The Cited Prior Art Fails To Disclose “Transmit[ting] Control
`And Data Channels Using A Variable Band Including A
`Second Plurality Of Subcarrier Groups” As Claimed ........................ 48  
`
`IX.   A PERSON OF ORDINARY SKILL IN THE ART WOULD NOT
`BE MOTIVATED TO COMBINE DULIN, YAMAURA, ZHUANG,
`AND HWANG ............................................................................................. 52  
`
`A.   Dulin “Teaches Away” From Yamaura ............................................. 52  
`
`A Person Of Ordinary Skill In The Art Would Not Have A
`Reason To Combine Dulin With Yamaura Because The
`Systems Therein Are Very Different .................................................. 54  
`
`A Person Of Ordinary Skill Would Not Combine Dulin and
`Yamaura Because There Would Be No Reasonable Expectation
`Of Success .......................................................................................... 57  
`
`B.  
`
`C.  
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`Zeger Declaration
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`I, Kenneth Zeger, do hereby declare:
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`Inter Partes Review of U.S Patent No. 7,787,431
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`I.  
`
`INTRODUCTION
`1.  
`
`I have been retained by Intellectual Ventures II LLC (“Patent Owner”
`
`or “IV”) as an expert witness with respect to my opinions concerning Ericsson’s
`
`Petition for inter partes review of U.S. Patent No. 7,787,431 (“the ‘431 patent”).
`
`2.  
`
`In preparing my declaration, I have relied upon my education,
`
`knowledge and experience. I have also considered the materials and items
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`described in this declaration.
`
`II.  
`
`PROFESSIONAL BACKGROUND AND QUALIFICATIONS
`3.  
`
`I received a Bachelor’s degree in Electrical Engineering and
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`Computer Science from the Massachusetts Institute of Technology in 1984.
`
`4.  
`
`I received a Master of Science degree in Electrical Engineering and
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`Computer Science from the Massachusetts Institute of Technology in 1984.
`
`5.  
`
`I received a Master of Arts degree in Mathematics from the University
`
`of California, Santa Barbara, CA in 1989.
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`6.  
`
`I received a Ph.D. degree in Electrical and Computer Engineering
`
`from the University of California, Santa Barbara, CA in 1990.
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`Zeger Declaration
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`Inter Partes Review of U.S Patent No. 7,787,431
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`7.  
`
`I am currently a Full Professor of Electrical and Computer
`
`Engineering at the University of California, San Diego (UCSD). I have held this
`
`position since 1998, having been promoted from Associated Professor after two
`
`years at UCSD. I have been an active member of the UCSD Center for Wireless
`
`Communications for 18 years. I teach courses full-time at UCSD in the fields of
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`Electrical and Computer Engineering, and specifically in subfields including
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`communications and information theory at the undergraduate and graduate levels.
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`Prior to my employment at UCSD, I taught and conducted research as a faculty
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`member at the University of Illinois, Urbana-Champaign for four years, and at the
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`University of Hawaii for two years.
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`8.   My twenty-plus years of industry experience includes consulting work
`
`for the United States Department of Defense as well as for private companies such
`
`as Xerox, Nokia, MITRE, ADP, and Hewlett-Packard. The topics upon which I
`
`provide consulting expertise include data communications for wireless networks,
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`digital communications, information theory, computer software, and mathematical
`
`analyses.
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`
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`9.  
`
`I have authored approximately 70 peer-reviewed journal articles, the
`
`majority of which are on the topic of communications, information theory, or
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`signal processing. I have also authored over 100 papers at various conferences and
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`symposia over the past twenty-plus years, such as the: IEEE International
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`Zeger Declaration
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`Conference on Communications; IEEE Radio and Wireless Symposium; Wireless
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`Inter Partes Review of U.S Patent No. 7,787,431
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`Communications and Networking Conference; IEEE Global Telecommunications
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`Conference; International Symposium on Network Coding; IEEE International
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`Symposium on
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`Information Theory; UCSD Conference on Wireless
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`Communications; International Symposium on Information Theory and Its
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`Applications; Conference on Advances in Communications and Control Systems;
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`IEEE Communication Theory Workshop; Conference on Information Sciences and
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`Systems; Allerton Conference on Communications, Control, and Computing;
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`Information Theory and Its Applications Workshop; Asilomar Conference on
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`Signals, Systems, and Computers. I also am co-inventor on a US patent disclosing
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`a memory saving technique for image compression.
`
`10.  
`
`I was elected a Fellow of the IEEE in 2000, an honor bestowed upon
`
`only a small percentage of IEEE members. I was awarded the National Science
`
`Foundation Presidential Young Investigator Award in 1991, which included
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`$500,000 in research funding. I received this award one year after receiving my
`
`Ph.D.
`
`11.  
`
`I have served as an Associate Editor for the IEEE Transactions on
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`Information Theory and have been an elected member of the IEEE Information
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`Theory Board of Governors for three, three-year terms. I organized and have been
`
`on the technical advisory committees of numerous workshops and symposia in the
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`Zeger Declaration
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`areas of communications and information theory. I regularly review submitted
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`Inter Partes Review of U.S Patent No. 7,787,431
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`journal manuscripts, government funding requests, conference proposals, student
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`theses, and textbook proposals. I also have given many lectures at conferences,
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`universities, and companies on topics in communications and information theory.
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`12.  
`
`I have extensive experience in electronics hardware and computer
`
`software, from academic studies, work experience, and supervising students. I
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`personally program computers on an almost daily basis and have fluency in many
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`different computer languages.
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`13.   My curriculum vitae, attached to this declaration as Exhibit 2002
`
`(“Zeger CV”), lists my publication record in archival journals, international
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`conferences, and workshops.
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`III.   COMPENSATION
`14.  
`I am being retained through Zunda LLC, which is being compensated
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`for my time at a rate of $690 per hour. In addition, Zunda LLC is being reimbursed
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`for my reasonable expenses incurred in connection with my work on this case. My
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`compensation is not dependent on the opinions I offer or on the outcome of this
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`inter partes review proceeding or any other proceeding.
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`15.  
`
`I am not an employee of Intellectual Ventures II, LLC, or any of its
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`affiliates, parents, or subsidiaries.
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`Zeger Declaration
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`IV.   LEGAL STANDARDS APPLIED
`16.  
`I am not an expert in patent law, and I am not purporting to provide
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`Inter Partes Review of U.S Patent No. 7,787,431
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`any opinions regarding the correct legal standards to apply in these proceedings. I
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`have been asked, however, to provide my opinions in the context of legal standards
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`that have been provided to me by Patent Owner’s attorneys.
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`A.   Obviousness
`17.  
`I have been informed that a patent can be declared invalid if the
`
`subject matter of a claim as a whole would have been obvious at the time of the
`
`invention to a person of ordinary skill in the art. I understand that obviousness
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`allows for the combination of prior art references if there exist sufficient reasons
`
`why one of ordinary skill in the art would have made the combination. I have been
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`informed that there are four basic inquiries that must be considered for obviousness:
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`1.   What is the scope and content of the prior art?
`
`2.   What are the differences, if any, between the prior art and each claim
`
`of the patent?
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`3.   What is the level of ordinary skill in the art at the time the invention
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`of the patent was made?
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`4.   Does the prior art enable a person of ordinary skill in the art to make
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`and use the claimed invention?
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`18.  
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`I further understand that a claimed invention composed of several
`
`elements is not obvious merely because each of the elements may have been
`
`independently known in the prior art. That is because I understand that it is
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`impermissible to use the claimed invention, or disclosure of the subject patent, as
`
`an instruction manual or template to piece together the teachings of the prior art so
`
`that the claimed invention is rendered obvious. In other words, I understand that
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`one cannot use hindsight reconstruction to pick and choose among isolated
`
`disclosures in the prior art to invalidate the claimed invention. As such, I
`
`understand that even if the collective prior art discloses all the claim limitations, it
`
`is important to consider whether there is any evidence, other than hindsight,
`
`indicating why a person of ordinary skill in the art would combine the references in
`
`such a way as to arrive at the claimed invention.
`
`19.  
`
`I understand that even if there would have been in the abstract an
`
`apparent reason for combining prior art references, there must also have been a
`
`reasonable expectation of success. I understand that features from prior art
`
`references need not be physically combinable (i.e., a combination may be obvious
`
`if one of ordinary skill in the art would know how to make any necessary
`
`modifications to combine features from prior art references), but that there must be
`
`a reasonable expectation of success.
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`Inter Partes Review of U.S Patent No. 7,787,431
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`20.  
`
`I understand that a combination is more likely to be nonobvious when
`
`the prior art “teaches away” from the proposed combination. I understand that a
`
`prior art reference may be said to teach away when (1) a person of ordinary skill in
`
`the art would be discouraged by the teachings of one prior art reference from
`
`combining a feature or teaching from another prior art reference; (2) a person of
`
`ordinary skill in the art is led in a direction divergent from the claimed invention
`
`that is alleged to be obvious; or (3) the proposed combination would render the
`
`result inoperable.
`
`21.  
`
`I further understand that in relation to analyzing a patent for
`
`obviousness, one must consider certain objective evidence, such as commercial
`
`success, copying, long-felt but unresolved needs, failure of others to solve the
`
`problem, unexpected results, and whether the invention was made independently
`
`by others at the same time of the invention. I understand that such evidence can
`
`outweigh other evidence that might otherwise tend to prove obviousness.
`
`B.  
`22.  
`
`Person Having Ordinary Skill In The Art
`
`I understand that an analysis of the claims of a patent in view of prior
`
`art has to be provided from the perspective of a person having ordinary skill in the
`
`art at the time of invention of the ’431 patent, May 1, 2004.
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`Zeger Declaration
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`Inter Partes Review of U.S Patent No. 7,787,431
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`23.  
`
`In rendering the opinions set forth in this declaration, I was asked to
`
`consider the patent claims through the eyes of “a person having ordinary skill in
`
`the art.” I was told by Patent Owner’s counsel to consider factors such as the
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`educational level and years of experience of those working in the pertinent art; the
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`types of problems encountered in the art; the teachings of the prior art; patents and
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`publications of other persons or companies; and the sophistication of the
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`technology. I understand that the person of ordinary skill in the art is not a specific
`
`real individual, but rather a hypothetical individual having the qualities reflected
`
`by the factors discussed above.
`
`24.  
`
`I understand that Petitioner’s expert, Dr. Haas, has taken the position
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`that “one of ordinary skill in the art would include someone who has a B.S. degree
`
`in Electrical Engineering, Computer Engineering, Computer Science, or equivalent
`
`training, as well as three to five years of experience in the field of digital
`
`communication systems, such as wireless cellular communications systems and
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`networks.” Exhibit 1012 (“Haas Declaration”) at ¶ 4. I agree with this portion of
`
`his definition.
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`25.   Based on my experience, I have an understanding of the capability of
`
`a person having ordinary skill in the art. I have trained, supervised, directed, and
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`worked alongside many such persons over the course of my career.
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`26.   Later in his Declaration, Dr. Haas goes on to state that one of ordinary
`
`skill in the art “would be familiar with various well-known communication
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`methodologies, protocols, and techniques (“techniques”), such as OFDM” and that
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`such person “would know how to apply these different techniques to different
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`communication systems and networks. Each technique is associated with known
`
`advantages and disadvantages, such as speed, power consumption, and cost, and a
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`person of ordinary skill in the art would know how to choose between the different
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`methodologies, protocols, and techniques to balance the various goals of the
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`communication systems and networks under consideration.” Id. at ¶¶ 41, 89. I
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`disagree with these additional statements. Dr. Haas appears to be limiting a person
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`of ordinary skill in the art of the ‘431 patent to a designer or inventor. My
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`understanding is that a person of ordinary skill in the art should be able to practice
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`the invention based on the disclosure, but need not necessarily be able to
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`independently design or invent the claimed invention.
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`27.   Dr. Haas testified that a person with a Bachelor’s degree in Electrical
`
`Engineering, Computer Engineering, Computer Science, or equivalent training, as
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`well as three to five years of technical experience in the field of digital
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`communications systems such as wireless cellular communication systems and
`
`networks would possess the knowledge set forth in paragraph 41 of the Haas
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`Declaration. Exhibit 2003 (“Haas Deposition”) at 24-41. I disagree. In my
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`experience, a person with a Bachelor’s degree in Electrical Engineering, Computer
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`Inter Partes Review of U.S Patent No. 7,787,431
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`Engineering, Computer Science, or equivalent training, as well as three to five
`
`years of technical experience in the field of digital communications systems such
`
`as wireless cellular communication systems and networks at the relevant time
`
`would have an understanding of some of the communication techniques mentioned
`
`by Dr. Haas and would have been able to implement such techniques with
`
`appropriate instructions. Such a person would have ordinary levels of creativity,
`
`and would not necessarily know how to apply different techniques to different
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`communications systems without further guidance.
`
`V.  
`
`‘431 PATENT
`28.   U.S. Patent No. 7,787,431 (“the ‘431 patent”) is entitled “Methods
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`and Apparatus for Multi-Carrier Communications with Variable Channel
`
`Bandwidth.”
`
`A.   Background
`29.   The ‘431 patent recognizes that “[w]hile it is ideal for a broadband
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`wireless communication device to be able to roam from one part of the world to
`
`another, wireless communication spectra are heavily regulated and controlled by
`
`individual countries or regional authorities. It also seems inevitable that each
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`country or region will have its own different spectral band for broadband wireless
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`communications. Furthermore, even within a country or region, a wireless operator
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`Zeger Declaration
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`may own and operate on a broadband spectrum that is different in frequency and
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`Inter Partes Review of U.S Patent No. 7,787,431
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`bandwidth from other operators. The existing and future bandwidth variety
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`presents a unique challenge in designing a broadband wireless communication
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`system and demands flexibility and adaptability.” U.S. Patent No. 7,787,431,
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`Exhibit 1001 (the “’431 patent”) at 1:29–42.
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`30.   The
`
`‘431
`
`patent
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`further
`
`recognizes
`
`that
`
`“[m]ulti-carrier
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`communication systems are designed with a certain degree of flexibility. In a
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`multi-carrier communication system such as multi-carrier code division multiple
`
`access (MC-CDMA) and orthogonal frequency division multiple access (OFDMA),
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`information is multiplexed on subcarriers that are mutually orthogonal in the
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`frequency domain. Design flexibility is a result of the ability to manipulate
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`parameters such as the number of subcarriers and the sampling frequency.” Id. at
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`1:43–50.
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`31.  
`
`“[T]he change in the time-domain structure brings about a series of
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`system problems. A varying sampling rate alters the symbol length, frame structure,
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`guard time, prefix, and other time-domain properties, which adversely affects the
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`system behavior and performance. For example, the MAC layer and even the
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`layers above have to keep track of all the time-domain parameters in order to
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`perform other network functions such as handoff, and thereby the complexity of
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`the system will exponentially increase. In addition, the change in symbol length
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`causes control and signaling problems and the change in the frame structure may
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`Inter Partes Review of U.S Patent No. 7,787,431
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`cause unacceptable in some applications such as voice over IP. A practical and
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`feasible solution for multi-carrier communication with variable channel bandwidth
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`is desirable.” Id. at 1:56–2:2.
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`B.   Detailed Description
`32.   The ‘431 patent describes methods and apparatus for multi-carrier
`
`communications with variable channel bandwidth, where the time frame structure
`
`and the OFDM symbol structure are invariant and the frequency domain signal
`
`structure is flexible. Id. at Abstract.
`
`33.   For example, in a variable bandwidth OFDMA system (VB-OFDMA)
`
`in accordance with certain embodiments of the invention, “a variable bandwidth
`
`system is provided, while the time-domain signal structure (such as the OFDM
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`symbol length and frame duration) is fixed regardless of the bandwidths. This is
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`achieved by keeping the ratio constant between the sampling frequency and the
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`length of FFT/IFFT. Equivalently, the spacing between adjacent subcarriers is
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`fixed.” Id. at 4:16–25.
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`34.  
`
`“In some embodiments, the variable channel bandwidth is realized by
`
`adjusting the number of usable subcarriers. In the frequency domain, the entire
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`channel is aggregated by subchannels. However, the number of subchannels can be
`
`adjusted to scale the channel in accordance with the given bandwidth. In such
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`realization, a specific number of subchannels, and hence the number of usable
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`subcarriers, constitute a channel of certain bandwidth.” Id. at 4:25–36.
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`35.  
`
`“For example, FIG. 6 illustrates the signal structure in the frequency
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`domain for a communication system with parameters specified in Table 1 below.
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`The numbers of usable subcarriers are determined based on the assumption that the
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`effective bandwidth Beff is 90% of the channel bandwidth Bch. The variable channel
`
`bandwidth is realized by adjusting the number of usable subcarriers, whose spacing
`
`set constant. The width of a core-band is less than the smallest channel bandwidth
`
`in which the system is to operate.” Id. at 4:37–45.
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`36.  
`
`“To facilitate the user terminals to operate in a variable bandwidth
`
`(VB) environment, specific signaling and control methods are required. Radio
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`control and operation signaling is realized through the use of a core-band (CB). A
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`core-band, substantially centered at the operating center frequency, is defined as a
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`frequency segment that is not greater than the smallest operating channel
`
`bandwidth among all the possible spectral bands that the receiver is designed to
`
`operate with. For example, for a system that is intended to work at 5-, 6-, 8-, and
`
`10-MHz, the width of the CB can be 4MHz, as shown in Fig. 6. The rest of the
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`bandwidth is called sideband.” Id. at 4:64–5:7.
`
`37.  
`
`“In one embodiment, relevant or essential radio control signals such
`
`as preambles, ranging signals, bandwidth request, and/or bandwidth allocation are
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`transmitted within the CB. In addition to essential control channels, a set of data
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`channels and their related dedicated control channels are placed within the CB to
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`maintain basic radio operation. Such a basic operation, for example, constitutes the
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`primary state of operation. When entering into the network a mobile station starts
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`with the primary state and transits to the normal full-bandwidth operation to
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`include the sidebands for additional data and radio control channels.” Id. at 5:8–18.
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`38.  
`
`“In another embodiment, a preamble called an essential, or primary
`
`preamble (EP), is designed to only occupy the CB, as depicted in Fig. 8. The EP
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`alone is sufficient for the basic radio operation. The EP can be either a direct
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`Zeger Declaration
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`sequence in the time domain with its frequency response confined within the CB,
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`or an OFDM symbol corresponding to a particular pattern in the frequency domain
`
`within the CB. In either case, an EP sequence may possess some or all of the
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`following properties:
`
`1.
`
`2.
`
`3.
`
`4.
`
`Its autocorrelation exhibits a relatively large ratio between the
`correlation peak and sidelobe levels.
`
`Its cross-correlation coefficient with another EP sequence is
`significantly small with respect to the power of the EP
`sequences.
`
`Its peak-to-average ratio is relatively small.
`
`The number of EP sequences that exhibit the above three
`properties is relatively large.”
`
`Id. at 5:19–36.
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`39.  
`
`“In yet another embodiment, a preamble, called an auxiliary preamble
`
`(AP), which occupies the SB, is combined with the EP to form a full-bandwidth
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`preamble (FP) (e.g., appended in the frequency domain or superimposed in the
`
`time domain). An FP sequence may possess some or all of the following
`
`properties:
`
`1.
`
`2.
`
`Its autocorrelation exhibits a relatively large ratio between the
`correlation peak and sidelobe levels.
`
`Its cross-correlation coefficient with another FP sequences is
`significantly small with respect to the power of the FP
`sequences.
`
`3.
`
`Its peak-to-average ratio is relatively small.
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`4.
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`The number of FP sequences that exhibits the above three
`properties is relatively large.”
`
`Id. at 5:37-50.
`
`40.  
`
`“In still another embodiment, the formation of an FP by adding an AP
`
`allows a base station to broadcast the FP, and a mobile station to use its
`
`corresponding EP, to access this base station. An FP sequence may also possess
`
`some or all of the following properties:
`
`1.
`
`2.
`
`3.
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`Its correlation with its own EP exhibits a relatively large ratio
`between the correlation peak and sidelobe levels.
`
`Its cross-correlation coefficient with any EP sequence other
`than its own is significantly small with respect to its power.
`
`The number of FP sequences that exhibit the above two
`properties is relatively large.”
`
`Id. at 5:51-62.
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`
`
`16
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`

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`Zeger Declaration
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`Inter Partes Review of U.S Patent No. 7,787,431
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`
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`VI.   CLAIM CONSTRUCTION
`41.  
`I understand that in order to provide an analysis of the claims of a
`
`patent in view of prior art, the claims have to be construed. I further understand
`
`that the claims for the purposes of this inter partes review are construed using the
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`broadest reasonable construction. Claim terms generally are given their ordinary
`
`and customary meaning, as would be understood by a person of ordinary skill in
`
`the art at the time of the invention and in the context of the entire disclosure of the
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`patent.
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`
`
`17
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`

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`Zeger Declaration
`
`
`Inter Partes Review of U.S Patent No. 7,787,431
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`A.  
`
`42.  
`
`Petitioner’s Disputed Claim Terms
`1.  
`I understand that the Board preliminarily construed “core-band” in the
`
`“Core-Band”
`
`Institution Decision for IPR2014-01195 to mean “a frequency segment that is not
`
`greater than the smallest operating channel bandwidth among all the possible
`
`spectral bands with which the receiver is designed to operate.” See IPR2014-
`
`01195, Paper 11 (“Institution Decision”) at 8 (P.T.A.B. February 4, 2015). I further
`
`understand that, in its Final Decision for IPR2014-01195, the Board declined to
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`explicitly construe “core-band.”
`
`43.  
`
`I understand that the Board did not explicitly construe “core-band” in
`
`its Institution Decision for the present proceeding. However, I understand that
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`Petitioner and its expert, Dr. Haas, have adopted the Board’s previous preliminary
`
`construction of “core-band” to mean “a frequency segment that is not greater than
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`the smallest operating channel bandwidth among all the possible spectral bands
`
`that a receiver is designed to operate with.” Petition at 17; Exhibit 1012 at ¶ 28.
`
`44.   The ‘431 patent describes “core-band” as follows:
`
`A core-band, substantially centered at the operating center frequency,
`
`is defined as a frequency segment that is not greater than the smallest
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`operating channel bandwidth among all the possible spectral bands
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`that the receiver is designed to operate with.
`
`18
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`
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`

`
`Zeger Declaration
`
`Exhibit 1001 at 4:67–5:4.
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`Inter Partes Review of U.S Patent No. 7,787,431
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`45.  
`
`In view of the definition set forth in the specification, I agree with the
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`Board’s previous preliminary construction of “core-band,” which is not materially
`
`different than the definition of “core-band” set forth in the ‘431 patent
`
`specification.
`
`“Primary Preamble”
`
`2.  
`In my opinion, a person of ordinary skill in the art would construe
`
`46.  
`
`“primary preamble” to mean “a signal transmitted by the base station near the
`
`beginning of each frame and occupying only the core-band.”
`
`47.   This construction is consistent with the plain meaning of “preamble,”
`
`which denotes a signal near the beginning of a transmission, such as a frame or slot.
`
`48.   This construction is also consistent with the ‘431 patent, which states
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`that “a preamble, called an essential, or primary preamble (EP), is designed to only
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`occupy the CB, as depicted in FIG. 8.” Exhibit 1001 at 5:19–21.
`
`Peak-to-Average Ratio
`
`3.  
`I understand that the Petition and the Haas Declaration propose to
`
`49.  
`
`construe the claim term “peak-to-average ratio” to mean “peak-to-average power
`
`ratio.” Petition at 24; Exhibit 1012 at ¶ 38. I agree with this construction. I
`
`understand that the Board did not explicitly construe this term in this proceeding.
`
`
`
`19
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`

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`Zeger Declaration
`
`
`B.  
`
`Inter Partes Review of U.S Patent No. 7,787,431
`
`Patent Owner’s Disputed Claim Terms
`1.  
`
`“Transmit[ting] a Broadcast Channel in an OFDMA
`Core-Band”
`50.   Claims 8 and 18 each recite “transmit[ting] a broadcast channel in an
`
`OFDMA core-band.”
`
`51.   The term OFDMA is an acronym for “orthogonal frequency-division
`
`multiple access” and is known in the art as a method of transmitting information by
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`multiplexing or modulating the information on subcarriers that are mutually
`
`orthogonal in the frequency domain thereby allowing multiple users to multiplex
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`their information.
`
`52.   The claim term “in” is a preposition used to indicate “inclusion,
`
`location, or position within limits,” or “within the limits, bounds, or area of.”
`
`Exhibit 2004 (Merriam-Webster’s Collegiate Dictionary, 11th ed. at p. 627
`
`(2003)); Exhibit 2005 (The American Heritage Desk Dictionary, 4th ed. at 429
`
`(2003)).
`
`53.   A person of ordinary skill in the art would understand the term
`
`“transmit[ting] a broadcast channel
`
`in an OFDMA core-band”
`
`to mean
`
`“transmitting a broadcast channel by multiplexing
`
`the broadcast channel
`
`information using OFDMA on to subcarriers within the limits of a frequency
`
`
`
`20
`
`

`
`Zeger Declaration
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`segment that is not greater than the smallest operating channel bandwidth among
`
`Inter Partes Review of U.S Patent No. 7,787,431
`
`all the possible spectral bands with which the receiver is designed to operate.”
`
`54.   Set forth below is annotated Figure 6 from the ’431 patent that depicts
`
`a broadcast channel transmitted within an OFDMA core-band.
`
`
`
`55.   The ’431 patent discloses several exemplary operating channel
`
`bandwidths including 5 MHz, 6 MHz, 8, MHz and 10 MHz. See Exhibit 1001 at
`
`5:5. The ’431 patent explains that a portion of each operating channel bandwidth
`
`referred to as a core band carries essential radio control and operation signaling
`
`transmitted by a base station. See id. at 4:65-67. Also depicted are the bands of
`
`subcarriers that are outside the core-band but within the operating channel
`
`bandwidth. The ’431 patent states that “[t]he rest of the bandwidth is called
`
`sideband (SB).” See id. at 5:7.
`
`
`
`21
`
`

`
`Zeger Declaration
`
`
`Inter Partes Review of U.S Patent No. 7,787,431
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`56.  
`
`In its Institution Decision, the Board determined that “the plain
`
`meaning of t