throbber
Ericsson Inc. and Telefonaktiebolaget LM
`Ericsson, Petitioners
`
`v.
`
`Intellectual Ventures II LLC, Patent Owner
`
`IPR2015-01664
`U.S. Patent No. 7,787,431
`
`Exhibit 2006
`
`Before Jameson Lee, Justin Busch and J. John Lee,
`Administrative Patent Judges
`
`

`
`Ground for Institution
`
` “claims 8-12 and 18-22 of the ‘431 patent
`are unpatentable, under 35 U.S.C.
`§103(a), as obvious over the combination
`of Dulin, Yamaura, Hwang, and Zhuang”
`
`IPR2015-01664
`
`Exhibit 2006
`
`2
`
`Institution Decision at p. 21
`
`

`
`Petitioner’s Proposed Prior Art Combination for
`Independent Claim 8 of the ‘431 Patent
`
`8.0
`
`8.1
`
`8.2
`
`8.3
`
`8.4
`
`A cellular base station comprising:
`circuitry configured to transmit a broadcast channel in an
`orthogonal frequency division multiple access (OFDMA) core-
`band;
`wherein the core-band is substantially centered at an operating
`center frequency and the core-band includes a first plurality of
`subcarrier groups, wherein each subcarrier group includes a
`plurality of subcarriers;
`
`wherein the core-band is utilized to communicate a primary
`preamble sufficient to enable radio operations;
`
`the primary preamble being a direct sequence in the time
`domain with a frequency content confined within the core-
`band or being an OFDM symbol corresponding to a particular
`frequency pattern within the core-band;
`
`IPR2015-01664
`
`Exhibit 2006
`
`3
`
`Patent Owner Response at pp. 23-24
`
`

`
`Petitioner’s Proposed Prior Art Combination for
`Independent Claim 8 of the ‘431 Patent (cont.)
`
`8.5
`
`8.6
`
`8.7
`
`8.8
`
`8.9
`
`wherein properties of the primary preamble comprise:
`
`an autocorrelation having a large correlation peak with respect
`to sidelobes;
`
`a cross-correlation with other primary preambles having a
`small cross-correlation coefficient with respect to power of
`other primary preambles; and
`
`a small peak-to-average ratio; and
`
`wherein a large number of primary preamble sequences
`exhibit the properties; and
`
`circuitry configured to transmit control and data channels
`using a variable band including a second plurality of
`subcarrier groups, wherein the variable band includes at least
`the core-band.
`
`IPR2015-01664
`
`Exhibit 2006
`
`4
`
`Patent Owner Response at p. 24
`
`

`
`Petitioner’s Proposed Prior Art Combination for
`Independent Claim 18 of the ‘431 Patent
`
`18.0
`
`A variable bandwidth communication method comprising:
`
`18.1
`
`18.2
`
`18.3
`
`18.4
`
`transmitting a broadcast channel by a cellular base station in
`an orthogonal frequency division multiple access (OFDMA)
`core-band;
`
`wherein the core-band is substantially centered at an operating
`center frequency and the core-band includes a first plurality of
`subcarrier groups, wherein each subcarrier group includes a
`plurality of subcarriers;
`
`wherein the core-band is utilized to communicate a primary
`preamble sufficient to enable radio operations;
`
`the primary preamble being a direct sequence in the time
`domain with a frequency content confined within the core-
`band or being an OFDM symbol corresponding to a particular
`frequency pattern within the core-band;
`
`IPR2015-01664
`
`Exhibit 2006
`
`5
`
`Patent Owner Response at p. 25
`
`

`
`Petitioner’s Proposed Prior Art Combination for
`Independent Claim 18 of the ‘431 Patent (cont.)
`
`18.5
`
`18.6
`
`18.7
`
`18.8
`
`18.9
`
`wherein properties of the primary preamble comprise:
`
`an autocorrelation having a large correlation peak with respect
`to sidelobes;
`
`a cross-correlation with other primary preambles having a
`small cross-correlation coefficient with respect to power of
`other primary preambles; and
`
`a small peak-to-average ratio; and
`
`wherein a large number of primary preamble sequences
`exhibit the properties; and
`
`transmitting control and data channels by the cellular base
`station using a variable band including a second plurality of
`subcarrier groups, wherein the variable band includes at least
`the core-band.
`
`IPR2015-01664
`
`Exhibit 2006
`
`6
`
`Patent Owner Response at p. 25-26
`
`

`
`Summary of Argument
`
` The Prior Art Combination Does Not Disclose All of
`the Claim Elements of Independent Claims 8 or 18
`– Claim elements 8.1 and 18.1: “transmit[ting] a broadcast
`channel [] in an orthogonal frequency division multiple access
`(OFDMA) core-band”
`– Claim elements 8.9 and 18.9: “transmit[ting] control and data
`channels [] using a variable band including a second plurality of
`subcarrier groups, wherein the variable band includes at least
`the core-band”
`
`IPR2015-01664
`
`Exhibit 2006
`
`7
`
`Patent Owner Response at pp. 27, 37
`
`

`
`Summary of Argument (cont.)
`
` Petitioner Relies on an Improper Hindsight Analysis
` No Reason to Combine Dulin, Yamaura, Hwang, and
`Zhuang
`– Dulin Teaches Away
`– No Reasonable Expectation of Success
` Petitioner’s Expert Assumes an Extraordinary Level
`of Skill in the Art
`
`IPR2015-01664
`
`Exhibit 2006
`
`8
`
`Patent Owner Response at pp. 47-61
`
`

`
`Undisputed Claim Constructions
`
`Claim Term
`core-band
`
`primary preamble
`
`peak-to-average ratio
`
`first plurality of
`subcarrier groups
`second plurality of
`subcarrier groups
`
`control and data
`channels
`
`Agreed Construction
`a frequency segment that is not greater than the smallest operating
`channel bandwidth among all the possible spectral bands that a
`receiver is designed to operate with
`
`a signal transmitted near the beginning of a transmission, such as a
`frame or time slot, and occupying only the core-band
`peak-to-average power ratio
`
`a first collection of two or more subcarrier groups, each of which
`includes at least two subcarriers
`a second collection of two or more subcarrier groups, distinct from the
`first plurality of subcarrier groups, each of which includes at least two
`subcarriers
`
`control channels and data channels
`
`IPR2015-01664
`
`Exhibit 2006
`
`9
`
`Patent Owner Response at p. 13;
`Petitioner’s Reply at pp. 2-3
`
`

`
`Disputed Claim Constructions
`
`Petitioner’s Proposed
`Construction
`No construction is necessary.
`
`’431 Patent
`Claim Term
`transmitting a
`broadcast channel in
`an OFDMA core-band
`
`Patent Owner’s Proposed
`Construction
`transmitting a broadcast channel by
`multiplexing the broadcast channel
`information using OFDMA on to
`subcarriers within the limits of 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
`
`variable band
`
`a frequency band having variable
`operating channel bandwidth
`
`No construction necessary/
`variable bandwidth
`
`IPR2015-01664
`
`Exhibit 2006
`
`10
`
`Patent Owner Response at pp. 14-16, 21-22;
`Petitioner Reply at pp. 3-8
`
`

`
`Missing Claim Elements
`
` “transmitting a broadcast channel in an OFDMA core-
`band”
` “circuitry configured to transmit control and data
`channels using a variable band including a second
`plurality of subcarrier groups, wherein the variable
`band includes at least the core-band”
`
`IPR2015-01664
`
`Exhibit 2006
`
`11
`
`Patent Owner Response at pp. 27, 37
`
`

`
`Missing Claim Element 8.1: transmit[ting] a
`broadcast channel in an OFDMA core-band
`
`Element Claim 8
`8.1
`circuitry configured to transmit a broadcast channel in
`an orthogonal frequency division multiple access
`(OFDMA) core-band;
`
`IPR2015-01664
`
`Exhibit 2006
`
`12
`
`Patent Owner Response at pp. 27-37
`
`

`
`Disputed Claim Construction: “transmit[ting] a
`broadcast channel in an OFDMA core-band”
`
`Petitioner’s Proposed
`Construction
`No construction necessary.
`
`’431 Patent
`Claim Term
`transmitting a
`broadcast channel in
`an OFDMA core-band
`
`Patent Owner’s Proposed
`Construction
`Transmitting a broadcast channel by
`multiplexing the broadcast channel
`information using OFDMA on to
`subcarriers within the limits of 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.
`
`IPR2015-01664
`
`Exhibit 2006
`
`13
`
`Patent Owner Response at pp. 14-16;
`Petitioner Reply at pp. 3-5
`
`

`
`Disputed Claim Construction: “transmit[ting] a
`broadcast channel in an OFDMA core-band”
`
`IPR2015-01664
`
`Exhibit 2006
`
`14
`
`Ex. 2001, Zeger Declaration at ¶52
`
`

`
`Disputed Claim Construction: “transmit[ting] a
`broadcast channel in an OFDMA core-band”
`
`IPR2015-01664
`
`Exhibit 2006
`
`15
`
`Ex. 2001, Zeger Declaration at ¶54
`Ex. 2001, p. 21
`
`

`
`Disputed Claim Construction: “transmit[ting] a
`broadcast channel in an OFDMA core-band”
`
`IPR2015-01664
`
`Exhibit 2006
`
`16
`
`Ex. 2001, Zeger Declaration at ¶56
`
`

`
`Disputed Claim Construction: “transmit[ting] a
`broadcast channel in an OFDMA core-band”
`
`IPR2015-01664
`
`Exhibit 2006
`
`17
`
`Ex. 2001, Zeger Declaration at ¶57
`
`

`
`Only Part of Yamaura’s Control Signals Are
`Transmitted in the Narrow Band
`
`IPR2015-01664
`
`Exhibit 2006
`
`18
`
`Ex. 2001, Zeger Declaration at ¶115
`
`

`
`Yamaura’s Broadcast Burst
`
`IPR2015-01664
`
`Exhibit 2006
`
`19
`
`Ex. 1003, Yamaura at 9:33-44
`
`Ex. 1003, Yamaura, 21:7-15; Fig. 16 and 17
`
`

`
`Yamaura’s Passing Band Variable Filter
`
`IPR2015-01664
`
`Exhibit 2006
`
`20
`
`Ex. 1003, Yamaura at 21:60-67; Figs. 16 and 18
`
`

`
`Only Part of Yamaura’s Control Signals Are
`Transmitted in the Narrow Band
`
`IPR2015-01664
`
`Exhibit 2006
`
`21
`
`Ex. 1003, Yamaura at 6:1-15
`
`

`
`Only Part of Yamaura’s Control Signals Are
`Transmitted in the Narrow Band
`
`IPR2015-01664
`
`Exhibit 2006
`
`22
`
`Ex. 1003, Yamaura at 21:16-26
`
`

`
`Only Part of Yamaura’s Control Signals Are
`Transmitted in the Narrow Band
`
`IPR2015-01664
`
`Exhibit 2006
`
`23
`
`Ex. 1003, Yamaura 9:33-44; Fig. 2
`
`

`
`Only Part of Yamaura’s Control Signals Are
`Transmitted in the Narrow Band
`
`IPR2015-01664
`
`Exhibit 2006
`
`24
`
`Ex. 2001, Zeger Declaration at ¶107
`
`

`
`Only Part of Yamaura’s Control Signals Are
`Transmitted in the Narrow Band
`
`IPR2015-01664
`
`Exhibit 2006
`
`25
`
`Petitioner Reply at p. 14
`
`

`
`Missing Element: Claim Element 8.1
`Petitioner’s Analysis
`
`IPR2015-01664
`
`Exhibit 2006
`
`26
`
`Ex. 1012, Haas Declaration at p. 63
`
`

`
`Missing Element: Claim Element 8.1
`Petitioner’s Analysis
`
`IPR2015-01664
`
`Exhibit 2006
`
`27
`
`Ex. 1012, Haas Declaration at p. 70
`
`

`
`Petitioner’s Analysis of Claim Element 8.1
`
`IPR2015-01664
`
`Exhibit 2006
`
`Petition at p. 31
`
`28
`
`

`
`Claim Element 8.9: “circuitry configured to transmit control and
`data channels using a variable band including a second plurality
`of subcarrier groups”
`
`Element Claim 8
`8.9
`circuitry configured to transmit control and data
`channels using a variable band including a second
`plurality of subcarrier groups, wherein the variable band
`includes at least the core-band.
`
`IPR2015-01664
`
`Exhibit 2006
`
`29
`
`Patent Owner Response at pp. 24-25
`
`

`
`Petitioner’s Analysis of Claim Element 8.9
`
`IPR2015-01664
`
`Exhibit 2006
`
`30
`
`Ex. 1012, Haas Declaration at p. 100
`
`

`
`Petitioner’s Analysis of Claim Element 8.9
`
`IPR2015-01664
`
`Exhibit 2006
`
`31
`
`Petition at p. 51
`
`

`
`Disputed Claim Construction: “variable band”
`
`’431 Patent
`Claim Term
`variable band
`
`Patent Owner’s Proposed
`Construction
`a frequency band having variable
`operating channel bandwidth
`
`Petitioner’s Proposed
`Construction
`No construction necessary/
`variable bandwidth
`
`IPR2015-01664
`
`Exhibit 2006
`
`32
`
`Patent Owner Response at pp. 21-22
`Petitioner Reply at pp. 5-8
`
`

`
`Disputed Claim Construction: “variable band”
`
`IPR2015-01664
`
`Exhibit 2006
`
`Ex. 1001, ‘431 patent at 4:16-62
`
`33
`
`

`
`Disputed Claim Construction: “variable band”
`
`IPR2015-01664
`
`Exhibit 2006
`
`34
`
`Ex. 1001, ‘431 patent
`
`

`
`Disputed Claim Construction: “variable band”
`
`IPR2015-01664
`
`Exhibit 2006
`
`35
`
`Ex. 2001, Zeger Declaration at ¶75
`
`

`
`Disputed Claim Construction: “variable band”
`
`IPR2015-01664
`
`Exhibit 2006
`
`36
`
`Ex. 2001, Zeger Declaration at ¶77
`
`

`
`Disputed Claim Construction: “variable band”
`
`Petitioner’s Analysis
`
`IPR2015-01664
`
`Exhibit 2006
`
`37
`
`Ex. 1020, Supplemental Haas Declaration at pp. 5-6
`
`

`
`Disputed Claim Construction: “variable band”
`
`Petitioner’s Analysis
`
`IPR2015-01664
`
`Exhibit 2006
`
`38
`
`Ex. 1020, Supplemental Haas Declaration at ¶9
`
`

`
`Disputed Claim Construction: “variable band”
`
`IPR2015-01664
`
`Exhibit 2006
`
`39
`
`Ex. 1001, ‘431 patent at 4:42-55
`
`

`
`Disputed Claim Construction: “variable band”
`
`IPR2015-01664
`
`Exhibit 2006
`
`40
`
`Ex. 1001, ‘431 patent at 4:16-24
`
`

`
`The ‘431 Patent Describes a Core-Band and Side-Band to
`Facilitate Operation in Variable Bandwidth Environment
`
`IPR2015-01664
`
`Exhibit 2006
`
`41
`
`Ex. 1001, ‘431 Patent at 4:63-5:7
`
`

`
`The ‘431 Patent Describes Transit from
`Primary State to Full-Bandwidth Operation
`
`IPR2015-01664
`
`Exhibit 2006
`
`42
`
`Ex. 1001, ‘431 Patent at 5:8-17
`
`

`
`Dulin and Yamaura Are Fixed Bandwidth Systems
`
`IPR2015-01664
`
`Exhibit 2006
`
`43
`
`Ex. 2001, Zeger Declaration at ¶119
`
`

`
`Petitioner’s Obviousness Analysis
`
`Petitioner’s Obviousness Analysis
`
`Claim elements
`
`Alleged prior art
`
`Dulin
`
`Yamaura
`
`Hwang
`
`Zhuang
`
`IPR2015-01664
`
`Exhibit 2006
`
`44
`
`Patent Owner Response at p. 23
`
`

`
`Petitioner’s Obviousness Analysis
`
`Petitioner’s Obviousness Analysis
`
`Claim elements
`
`Alleged prior art
`
`- Dulin
`- Yamaura
`‘ Hwang
`I Zhuang
`
`IPR2015-01664
`
`Exhibit 2006
`
`45
`
`Patent Owner Response at p. 25
`
`

`
`No Reason To Combine Dulin, Yamaura,
`Zhuang, and Hwang
`
`IPR2015-01664
`
`Exhibit 2006
`
`46
`
`Ex. 2001, Zeger Declaration at ¶125
`
`

`
`Dulin Teaches Away From Yamaura
`Petitioner’s Analysis
`
`IPR2015-01664
`
`Exhibit 2006
`
`47
`
`Ex. 1012, Haas Declaration at p. 31
`
`

`
`Dulin Teaches Away From Yamaura
`Petitioner’s Analysis
`
`IPR2015-01664
`
`Exhibit 2006
`
`48
`
`Ex. 1012, Haas Declaration at pp. 78-79
`
`

`
`Dulin Teaches Away From Yamaura
`
`IPR2015-01664
`
`Exhibit 2006
`
`49
`
`Ex. 2003, Haas Deposition at 102:10-103:1
`
`

`
`Dulin Teaches Away From Yamaura
`
`Petitioner’s Analysis
`
`IPR2015-01664
`
`Exhibit 2006
`
`50
`
`Ex. 1012, Haas Declaration at p. 76
`
`

`
`Dulin Teaches Away From Yamaura
`
`IPR2015-01664
`
`Exhibit 2006
`
`51
`
`Ex. 2001, Zeger Declaration at ¶131
`
`

`
`Dulin Teaches Away From Yamaura
`
`IPR2015-01664
`
`Exhibit 2006
`
`52
`
`Patent Owner Response at p. 44
`
`

`
`Yamaura and Dulin are Fundamentally Different
`
`IPR2015-01664
`
`Exhibit 2006
`
`53
`
`Ex. 2001, Zeger Declaration at ¶ 136
`
`

`
`Yamaura and Dulin are Fundamentally Different
`
`IPR2015-01664
`
`Exhibit 2006
`
`54
`
`Ex. 2001, Zeger Declaration at ¶ 136
`
`

`
`Yamaura and Dulin are Fundamentally Different
`
`IPR2015-01664
`
`Exhibit 2006
`
`55
`
`Ex. 2001, Zeger Declaration at ¶ 132
`
`

`
`Dulin Is Directed To Multiple Base Stations
`
`IPR2015-01664
`
`Exhibit 2006
`
`Ex. 1002, Dulin
`
`56
`
`

`
`Dulin Is Directed To Multiple Base Stations
`
`IPR2015-01664
`
`Exhibit 2006
`
`57
`
`Ex. 1002, Dulin at ¶72
`
`

`
`Dulin Is Directed To Multiple Base Stations
`
`IPR2015-01664
`
`Exhibit 2006
`
`58
`
`Ex. 1002, Dulin at ¶73
`
`

`
`Yamaura and Dulin are Fundamentally Different
`
`IPR2015-01664
`
`Exhibit 2006
`
`59
`
`Ex. 2001, Zeger Declaration at ¶137
`
`

`
`Yamaura and Dulin are Fundamentally Different
`
`IPR2015-01664
`
`Exhibit 2006
`
`60
`
`Ex. 2001, Zeger Declaration at ¶138
`
`

`
`Yamaura and Dulin are Fundamentally Different
`
`IPR2015-01664
`
`Exhibit 2006
`
`61
`
`Ex. 1003, Yamaura at 21:44-59
`
`

`
`Yamaura and Dulin are Fundamentally Different
`
`IPR2015-01664
`
`Exhibit 2006
`
`62
`
`Ex. 2001, Zeger Declaration at ¶139
`
`

`
`No Reason to Combine Dulin and Yamaura
`
`IPR2015-01664
`
`Exhibit 2006
`
`63
`
`Ex. 2001, Zeger Declaration at ¶140
`
`

`
`No Reason to Combine Dulin and Yamaura
`
`IPR2015-01664
`
`Exhibit 2006
`
`64
`
`Ex. 2001, Zeger Declaration at ¶135
`
`

`
`No Reasonable Expectation of Success
`
`IPR2015-01664
`
`Exhibit 2006
`
`65
`
`Ex. 2001, Zeger Declaration at ¶141
`
`

`
`No Reasonable Expectation of Success
`
`IPR2015-01664
`
`Exhibit 2006
`
`66
`
`Ex. 2001, Zeger Declaration at ¶147
`
`

`
`Petitioner Relies on Struhsaker
`
`IPR2015-01664
`
`Exhibit 2006
`
`67
`
`Ex. 1021, Struhsaker at ¶123
`
`

`
`No Reasonable Expectation of Success
`
`.
`
`IPR2015-01664
`
`Exhibit 2006
`
`68
`
`Ex. 1003, Yamaura at 10:4-18
`
`

`
`Petitioner’s POSA Has Extraordinary Skill
`
`IPR2015-01664
`
`Exhibit 2006
`
`69
`
`Ex. 1012, Haas Declaration at ¶41
`
`

`
`Conclusion: Petitioner Failed to Prove Unpatentability
`
` Missing Claim Elements
` Claim element 8.1
` Claim element 8.9
` Hindsight
` No Reason To Combine All Four References
` Dulin teaches away from Yamaura
` Dulin and Yamaura are fundamentally different
` No reasonable expectation of success
` Level of Skill Too High
`
`IPR2015-01664
`
`Exhibit 2006
`
`70
`
`Patent Owner Response at pp. 27-62

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