UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`In Re:
`
`U.S. Patent 6,240,073
`
`Inventors: Arie Reichman, et al.
`
`Filed:
`
`Issued:
`
`November 14, 1997
`
`May 29, 2001
`
`
`
`
`
`
`
`
`
`
`
`: Attorney Docket No. 082944.0104
`
`:
`
`:
`
`: IPR No. Unassigned
`
`Assignee: Shiron Satellite Communications, Ltd.
`
`Title:
`
`Reverse link for a satellite communication network
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`Submitted Electronically via the Patent Review Processing System
`
`PETITION FOR INTER PARTES REVIEW OF CLAIMS 2-8, 28, AND 29
`OF U.S. PATENT NO. 6,240,073 UNDER 35 U.S.C. §§ 311-319 AND 37 C.F.R.
`§§ 42.100 ET SEQ.
`
`

`
`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
`
`TABLE OF CONTENTS
`
`I. 
`
`II. 
`
`MANDATORY NOTICES, STANDING, AND FEES .................................. 1 
`
`OVERVIEW OF CHALLENGE AND RELIEF REQUESTED .................... 2 
`
`A.  Publications Relied Upon ........................................................................ 2 
`
`B.  Grounds For Challenge ............................................................................ 3 
`
`III.  OVERVIEW OF THE ’730 PATENT ............................................................ 3 
`
`A.  Summary of the Claimed Subject Matter ................................................ 3 
`
`B.  Prosecution History of the ’073 Patent .................................................... 4 
`
`IV.  SUMMARY OF PRIOR ART AND REFERENCES RELIED ON ............... 5 
`
`A.  Brief Summary of Rudrapatna ................................................................. 5 
`
`V. 
`
`LEVEL OF ORDINARY SKILL IN THE ART ............................................. 7 
`
`VI.  CLAIM CONSTRUCTION ............................................................................ 7 
`
`A.  Transmitter Means ................................................................................... 7 
`
`B.  First Communications Means and Second Communications Means ...... 8 
`
`C.  Switching Means ...................................................................................... 8 
`
`D.  Receiver Means ........................................................................................ 9 
`
`E.  Means for Switching ................................................................................ 9 
`
`F.  Collision Detection Means ..................................................................... 10 
`
`G.  Means for Generating A Request ........................................................... 10 
`
`H.  Means for Polling ................................................................................... 10 
`
`VII.  A REASONABLE LIKELIHOOD EXISTS THAT THE CHALLENGED
`CLAIMS ARE UNPATENTABLE ......................................................................... 11 
`
`A.  Ground 1: The ’073 Patent Claim 28 is anticipated by Rudrapatna ...... 11 
`
`
`
`i
`
`

`
`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
`
`B.  Ground 2: The ’073 Patent Claim 29 is obvious over Rudrapatna in
`view of Quick ......................................................................................... 25 
`
`C.  Ground 3: The ’073 Patent Claims 2, 3, 5, 6 and 7 are obvious over
`Rudrapatna in view of Kou .................................................................... 28 
`
`D.  Ground 4: The ’073 Patent Claims 3 and 6 are obvious over
`Rudrapatna in view of Nakamura .......................................................... 49 
`
`E.  Ground 5: The ’073 Patent Claim 4 is obvious over Rudrapatna in
`view of Beal ........................................................................................... 53 
`
`F.  Ground 6: The ’073 Patent Claim 8 is obvious over Rudrapatna in
`view of Wilkinson .................................................................................. 56 
`
`
`
`
`
`ii
`
`

`
`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
`
`LIST OF EXHIBITS
`
`1001 U.S. Patent No. 6,240,073 by Alan Reichman et al. entitled “Reverse link
`for a satellite communication network” (the “’073 Patent”)
`
`1002 File History for U.S. Patent No. 6,240,073
`
`1003 Declaration of Dr. Raymond Leopold
`
`1004 U.S. Patent No. 5,592,470 to Rudrapatna (“Rudrapatna”)
`
`1005 U.S. Patent No. 5,673,259 to Quick (“Quick”)
`
`1006 U.S. Patent No. 5,172,375 to Kou (“Kou”)
`
`1007 U.S. Patent No. 5,172,375 to Beal (“Beal”)
`
`1008 Application No. WO/95/10920 by Nakamura et al. (“Nakamura”)
`
`1009 U.S. Patent No. 4,532,636 to Dent P. Wilkinson (“Wilkinson”)
`
`1010 Complaint, Elbit Systems Land and C4I Ltd. et al. v. Hughes Network
`Systems LLC et al., Case No. 2:15-CV-37 (E.D. Tex.)
`
`1011 Service of Complaint on Hughes Network Systems LLC
`
`1012 Executed Summons for Hughes Network Systems, LLC, Black Elk
`Energy Offshore Operations, LLC, BlueTide Communications, Inc.,
`Country Home Investments, Inc.
`
`1013 File History for PCT/IL98/00542, PCT Application to U.S. Patent No.
`6,240,073, published as WO 99/26422 (“File History for PCT
`Counterpart to the ’073 Patent”)
`
`1014 EPO Search Report for PCT Counterpart to the ’073 Patent (“EPO
`Search Report”)
`
`1015 U.S. Patent No. 5,729,544 to Lev (“Lev”)
`
`1016 U.S. Patent No. 5,392,280 to Zheng (“Zheng”)
`
`
`
`iii
`
`

`
`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
`
`1017
`
`to Random—Access
`J.L. Massey, Some New Approaches
`Communications, Reprinted from Performance 87, pp. 551-569, 1988
`‘P.J. Courtois and G. Latouche, Eds. New York : Elsevier Science, 1998,
`pp. 354-568
`
`1018
`
`J.L. Massey and P. Mathys, “The Collision Channel Without Feedback,”
`IEEE Trans. Inform. Theory, vol. IT-31, pp. 192-204, Mar. 1985.
`
`iv
`
`  
`
`
`
`

`
`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
`
`I. MANDATORY NOTICES, STANDING, AND FEES
`Real Party in Interest: Petitioner Hughes Network Systems, LLC (“Hughes”),
`
`along with Black Elk Energy Offshore Operations, LLC, BlueTide
`
`Communications, Inc., Country Home Investments, Inc. are real parties-in-interest
`
`to this petition. EchoStar Corporation is the parent of Hughes Satellite Systems
`
`Corporation, which is the parent of Hughes Communications, Inc., which is the
`
`parent of Hughes Network Systems, LLC, all of which are real parties in interest.
`
`Related Matters: U.S. Patent No. 6,240,073 (the “‘073 Patent”) is involved
`
`in a pending lawsuit involving petitioner entitled Elbit Systems Land and C4I Ltd.
`
`et al. v. Hughes et al., United States District Court for the Eastern District of Texas,
`
`Case No. 2:15-CV-37 (the “District Court Litigation”). See Ex. 1010. The District
`
`Court Litigation asserts U.S. Patent Nos. 6,240,073 and 7,245,874. See Ex. 1008.
`
`Lead Counsel and Request for Authorization: Pursuant to 37 C.F.R.
`
`§§ 42.8(b)(3) and 42.10(a), Petitioner designates the following: Lead Counsel is
`
`Eliot D. Williams (Reg. No. 50,822) of Baker Botts L.L.P.; Back-up Counsel is G.
`
`Hopkins Guy (Reg. No. 35,886) of Baker Botts L.L.P.
`
`Service Information: Service information is as follows: Baker Botts L.L.P.,
`
`1001 Page Mill Rd., Palo Alto, CA 94304-1007 Tel. 650-739-7500; Fax 650-736-
`
`7699.
`
`Petitioner
`
`consents
`
`to
`
`service
`
`by
`
`electronic mail
`
`at
`
`eliot.williams@bakerbotts.com and hop.guy@bakerbotts.com.
`
`1
`
`

`
`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
`
`Certification of Grounds for Standing: Petitioner certifies that the ’073
`
`Patent is eligible for inter partes review and that Petitioner is not barred or
`
`estopped from requesting inter partes review on the grounds set forth herein.
`
`Fees: The Office is authorized to charge the fee set forth in 37 C.F.R.
`
`§ 42.15(a) to Deposit Account No. 02-0384 as well as any additional fees that
`
`might be due in connection with this Petition.
`
`II. OVERVIEW OF CHALLENGE AND RELIEF REQUESTED
`Petitioner challenges claims 2-8, 28, and 29 of the ’073 Patent, titled
`
`“Reverse link for a satellite communication network.” See Ex. 1001.
`
`Publications Relied Upon
`
`A.
`Exhibit 1004 - EP 0719062 to Rudrapatna (“Rudrapatna”). Rudrapatna is
`
`prior art under at least 35 U.S.C. § 102(b) because it was published by the
`
`European Patent Office on June 26, 1996.
`
`Exhibit 1005 - U.S. Patent No. 5,673,259 to Quick, (“Quick”). Quick is prior
`
`art under at least 35 U.S.C. § 102(e) because it was filed on May 17, 1995 and
`
`issued into a U.S. Patent on September 30, 1997.
`
`Exhibit 1006 - U.S. Patent No. 5,172,375 to Kou, (“Kou”). Kou is prior art
`
`under at least 35 U.S.C. § 102(b) because it was filed on June 25, 1990 and issued
`
`into a U.S. Patent on December 15, 1992.
`
`Exhibit 1007 - U.S. Patent No. 5,172,375 to Beal, et al. (“Beal”). Beal is
`
`2
`
`

`
`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
`
`prior art at least under at least 35 U.S.C. § 102(b) because it was filed on March 2,
`
`1992 and issued on December 27, 1994.
`
`Exhibit 1008 - Application No. WO/95/10920 by Nakamura (“Nakamura”).
`
`Nakamura prior art under at least 35 U.S.C. § 102(b) because it was filed on
`
`October 13, 1994 and published on April 20, 1995.
`
`Exhibit 1009 - U.S. Patent No. 4,532,636
`
`to Dent P. Wilkinson
`
`(“Wilkinson”). Wilkinson is available as prior art under 35 U.S.C. § 102(b)
`
`because it was filed on June 18, 1982 and issued on July 30, 1985.
`
`B. Grounds For Challenge
`Petitioner requests cancellation of the claims on the following grounds:
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`Claim 28 is anticipated by Rudrapatna.
`
`Claim 29 is obvious over Rudrapatna in view of Quick.
`
`Claims 2, 3, 5, 6 and 7 are obvious over Rudrapatna in view of Kou.
`
`Claims 3 and 6 are obvious over Rudrapatna in view of Nakamura.
`
`Claim 4 is obvious over Rudrapatna in view of Beal.
`
`Claim 8 is obvious over Rudrapatna in view of Wilkinson.
`
`III. OVERVIEW OF THE ’730 PATENT
`A.
`Summary of the Claimed Subject Matter
`The ’073 Patent is directed to a system describing a communication link “for
`
`use in any type of communications network such as networks used for Internet
`
`access purposes.” Ex. 1001 at Abstract. The objective is to provide a
`
`3
`
`

`
`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
`
`communications network
`
`that uses separate communication schemes
`
`in
`
`combination to send user-generated data. Id. To that end, the ’073 patent discloses
`
`implementing known and conventional communication schemes, such as a random
`
`access (RA) method for sending short bursty data and a channel assignment (CA)
`
`method for sending messages requiring a continuous transmission. Id. at 4:53-65.
`
`Prosecution History of the ’073 Patent
`
`B.
`The application leading to the ’073 patent was filed on November 14, 1997.
`
`The Examiner issued a first Office Action allowing claim 17 and objecting to
`
`claims 5, 7-9, 12, 13, 15, 16, 37, and 38. Ex. 1002 at 102-106. The claims that are
`
`the subject of this petition (claims 2-8, 28, and 29) are original claims 5, 7-8, 12-13,
`
`16-17, 37, and 38.
`
`Issued Claims 2-8 depended from original Claim 1 which was rejected under
`
`35 U.S.C. § 103(a) by Lev. See Ex. 1002 at 103, see Ex. 1015. The only feature not
`
`rejected was the last step in each of issued claims 2-8. Otherwise, the overlapping
`
`portions of claims 2-8 (which came from original Claim 1) was fully rejected over
`
`Lev, a point the Applicant never overcame. See Ex. 1002 at 103, 112-120. The
`
`predecessor claims to allowed Claims 28 and 29 depended from original claim 36,
`
`also rejected over Lev. See id. at 103. The Examiner advised the Applicant that the
`
`claims that became claims 2-8, 28 and 29 “would be allowable if rewritten in
`
`independent form.” See id. at 105. Applicant complied with the Examiner’s
`
`4
`
`

`
`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
`
`suggestion, creating independent Claims 2-8, 28 and 29. See id. at p. 112-120. A
`
`Notice of Allowance was mailed on January 2, 2001. See id. at p. 123.
`
`IV. SUMMARY OF PRIOR ART AND REFERENCES RELIED ON
`None of the prior art discussed below was considered by the Patent Office
`
`during prosecution of the ’073 patent. These prior art references are directed to the
`
`same field as the ’073 patent (communication techniques having satellite
`
`applicability); operate using the same architecture as the ’073 patent (return links);
`
`and are designed to solve the same problem as the ’073 patent (using multiple
`
`access techniques for dynamic bandwidth communication). Ex. 1003 at ¶ 123.
`
`Secondary considerations do not support a finding of nonobviousness. There
`
`is no evidence that the Patent Owner will be able to show any secondary
`
`consideration. Should the Patent Owner introduce evidence of secondary
`
`considerations, Petitioners respectfully request an opportunity to respond.
`
`A.
`Brief Summary of Rudrapatna
`Rudrapatna is a European Patent Application filed on December 21, 1994
`
`and published on June 26, 1996, well before the November 14, 1997 priority date
`
`of the ’073 patent, and therefore qualifies as prior art under 35 U.S.C. § 102(b).
`
`Patent Owner should be familiar with Rudrapatna as this patent family was
`
`cited by the European Patent Office during Patent Owner’s attempt to file a PCT
`
`counterpart to the ’073 patent. Ex. 1013 (File History for PCT Counterpart to
`
`the ’073 Patent) 3, 62-66, 112, 124-125. The EPO issued a search report
`
`5
`
`

`
`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
`
`identifying the Rudrapatna patent (EP 0719062 - AT&T Corp), among others, with
`
`an “X” indicating its relevance to the alleged invention of the ’073 patent. Ex.
`
`1014 at 2 (identifying EP 0719062). Patent Owner abandoned its efforts to obtain
`
`the PCT counterpart to the ’073 patent after receiving that search report. Ex. 1013
`
`at 128-132. Rudrapatna was not found by the Examiner in the prosecution of
`
`the ’073 patent.
`
`Rudrapatna teaches a broadband wireless
`
`system and network architecture providing
`
`broadband/narrowband service with optimal
`
`static and dynamic bandwidth/channel allocation,
`
`and its Figure 1 depicts a typical system diagram:
`
`Rudrapatna teaches synchronous, asynchronous, CDMA, and TDMA in
`
`FDM portions of the spectrum. Rudrapatna teaches connections to ATM
`
`(asynchronous transfer mode) Networks and STM (synchronous transfer mode)
`
`Networks as well as a variety of end user services, both broadband (like video) and
`
`narrowband (like POTS, plain old telephone service). Ex. 1004 at Abstract.
`
`Switching in Rudrapatna is described as allocating or allocations of channels
`
`and identified in Figure 2, element 222. Id. at 3:50-54. Rudrapatna discloses the
`
`use of Random Access and Channel Assignment techniques for either narrowband
`
`services or broadband services, such as interactive video. Id. at 2:15-26.
`
`6
`
`

`
`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
`
`V. LEVEL OF ORDINARY SKILL IN THE ART
`A person of ordinary skill in the art would have either a master’s degree in
`
`electrical engineering or a related communications or telecommunications field,
`
`along with three years of experience in wireless communications or a more
`
`advanced degree in the field with less experience but knowledge of wireless
`
`communication theory and telecommunications. Ex. 1003 at ¶ 32.
`
`VI. CLAIM CONSTRUCTION
`For purposes of this proceeding, Petitioners propose constructions under the
`
`appropriate regulatory standard. 37 C.F.R. § 42.100(b).1 Petitioners submit that
`
`terms not specifically construed herein should be given their plain and ordinary
`
`meaning. Each of the claim terms proposed below should be construed according
`
`to 35 U.S.C. § 112, paragraph 6 because of the use of the word “means.”
`
`A.
`Transmitter Means
`Claims 2-8 each require, in part, “transmitter means within each user
`
`terminal for receiving data to be transmitted from said user terminal to said hub.”
`
`Ex. 1003 at ¶ 67. The claimed function is “receiving data to be transmitted from
`
`said user terminal to said hub.” Id. at ¶ 67. The corresponding structure is a modem
`
`with drivers to receive IP packets and equivalents. Id. at ¶ 68; Ex. 1001 at 17:18-51.
`
`1 Petitioner reserves the right to seek different claim constructions than those
`determined or sought in a different forum that applies more narrow standards of
`proof and analysis (e.g., the District Court Litigation, applying the Phillips
`standard). See Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005) (en banc)
`
`7
`
`

`
`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
`
`B.
`First Communications Means and Second Communications Means
`Claims 2-8 each
`require “said
`transmitter means
`including
`first
`
`communication means for transmitting short bursty data in combination with
`
`second communication means for continuous transmission of data.” Ex. 1003 at ¶
`
`69. Claims 28 and 29 also require, “said return communication link including a
`
`first communication means for transmitting short bursty data in combination with
`
`second communication means for continuous transmission of data.” The claimed
`
`function for the “first communication means” is “transmitting short bursty data.” Id.
`
`at ¶ 69. The corresponding structure for the “first communications means” is the
`
`RA transmitter 70 and equivalents. Id. at ¶ 72; Ex. 1001 at 15:51-67.
`
`The claimed function for
`
`the “second communications means”
`
`is
`
`“continuous transmission of data.” Ex. 1003 at ¶ 73. The corresponding structure
`
`of the “second communications means” is therefore the CA transmitter 60 and
`
`equivalents. Ex. 1001 at 16:37-50, Ex. 1003 at ¶ 75.
`
`C.
`Switching Means
`Claim 2–8 each require, in part, “switching means coupled to said
`
`transmitter means for switching transmission between said first communication
`
`means and said second communication means in accordance with predefined
`
`criteria.” Ex. 1003 at ¶ 76. The claimed function for the “switching means”
`
`limitation is “switching transmission between said first communication means and
`
`said second communication means in accordance with predefined criteria.” Ex.
`
`8
`
`

`
`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
`
`1001 at 10:56-11:40; Ex. 1003 at ¶ 76.
`
`The corresponding structures for the claimed switching means are the hub
`
`and the VSAT terminals performing the decision-making described at 10:56-11:40
`
`and equivalents. Ex. 1001 at 8:37-48; 8:56-66, 10:56-11:40; Figure 1; Ex. 1003 at
`
`¶ 80. The specification does not indicate that any smaller structure has a specific
`
`nexus with the claimed functionality. Ex. 1003 at ¶ 80.
`
`D. Receiver Means
`Claim 2-8, 28, and 29 each require, in part, “receiver means within said at
`
`least one hub adapted to receive data transmitted by said plurality of terminals
`
`utilizing either said first communication means or said second communication
`
`means.” Ex. 1003 at ¶ 81. The claimed function for the “receiver means” limitation
`
`is “receive data transmitted by said plurality of terminals utilizing either said first
`
`communication means or said second communication means.” Id. The structures
`
`corresponding to the claimed “receiver means” are access receiver 248,
`
`synchronization and acquisition receiver 250, channel assignment receiver 252,
`
`antenna 242, down converter 244, and splitter 246 and equivalents of these
`
`structures. Ex. 1001 at 19:30-50, Figure 4; Ex. 1003 at ¶ 84.
`
`E. Means for Switching
`Claims 2–7 further require that the switching means include means for
`
`switching based on a certain criteria limitation. Ex. 1003 at ¶¶ 85, 86, 91, 96, 101,
`
`106. Each of these limitations uses the same corresponding structure and is
`
`9
`
`

`
`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
`
`supported by the same disclosure as the switching means of claim 2, which are the
`
`hub and the VSAT terminals and equivalents. Ex. 1001 at 10:56-11:40; Ex. 1003 at
`
`¶¶ 85, 90, 95, 100, 105, and 110.
`
`F.
`Collision Detection Means
`Claim 8 requires “wherein said at least one hub comprises collision detection
`
`means for determining when two frequency hops associated with two independent
`
`receivers are utilizing the same frequency at the same time, thus improving
`
`decoding within said receiver means.” The function for the “collision detection
`
`means” is “determining when two frequency hops associated with two independent
`
`receivers are utilizing the same frequency at the same time, thus improving
`
`decoding within said receiver means.” Ex. 1003 at ¶ 111. The corresponding
`
`structure is the hub and equivalents. Id. at ¶ 112; Ex. 1001 at 21:23-35.
`
`G. Means for Generating A Request
`Claim 28 requires “wherein each user terminal comprises means for
`
`generating a request to be sent over said return communications link in order to
`
`utilize said second communication means.” The function is “generating a request
`
`to be sent over said return communications link in order to utilize said second
`
`communication means.” Ex. 1003 at ¶ 113. The structure is a modem with drivers
`
`to request a CA channel and equivalents. Id. at ¶ 114; Ex. 1001 at 17:52-18:8.
`
`H.
` Means for Polling
`Claim 29 requires “wherein said at least one hub comprises means for
`
`10
`
`

`
`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
`
`polling each user terminal over said forward communication link as to whether
`
`said transmission of data should be switched to utilize said second communication
`
`means.” Ex. 1003 at ¶ 115. The function is “polling each user terminal over said
`
`forward communication link as to whether said transmission of data should be
`
`switched to utilize said second communication means.” Id. The corresponding
`
`structure is the receiver and equivalents. Id. at ¶ 116; Ex. 1001 at 20:25-32.
`
`THE
`
`THAT
`
`VII. A REASONABLE
`EXISTS
`LIKELIHOOD
`CHALLENGED CLAIMS ARE UNPATENTABLE
`A. Ground 1: The ’073 Patent Claim 28 is anticipated by Rudrapatna
`’073 Cl. 28 Rudrapatna
`See, e.g., Rudrapatna, Ex. 1004 at 3:36-43: “A satellite ground
`28[a]. A
`station 109 is shown connecting the SONET/SDH access ring 104
`multiple
`to a satellite 110 via access node 105-4. Communication between
`access
`the SONET/SDH access ring 104 and the end user recipients is by
`communicat
`wireless, permitting the spectrum to be partitioned into multiple
`ions system
`channels of sufficient bandwidth as required by a particular service
`for use in a
`or application.”
`satellite
`communicat
`Id., Ex. 1004 at 2:15-20: “[T]he communication system provides
`ion network,
`bandwidth on demand by utilizing a combination of spread
`comprising:
`spectrum technique (CDMA) and time division multiplexing
`(TDM) operating over a broadband spectrum that is allocated to
`specific channels on demand.”
`To the extent that this is a limitation, Rudrapatna discloses a “system” for
`
`narrowband and broadband services for use with a satellite. Ex. 1004 at 3:36-43,
`
`2:15-20; Ex. 1003 at ¶ 320-322.
`
`’073 Cl. 28 Rudrapatna
`See, e.g., Rudrapatna, Ex. 1004 at 16:52-54: “extending available
`28[b]. a
`plurality of
`services by adding interactive services by providing interactive
`user
`uplink channels”
`
`11
`
`

`
`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
`
`terminals
`for
`transmitting
`and
`receiving
`data over
`said
`multiple
`access
`communicat
`ion system;
`
`Id., Ex. 1004 at Abstract: “The communications system is designed
`to utilize wireless communication for end point delivery to both
`fixed and potable terminals.”
`Id., Ex. 1004 at 3:20-36: “Access nodes 105-1 to 105-4 couple the
`SONET/SDH access ring 104 to a plurality of access antennas or
`intelligent microports (IMP) 106-1 to 106-4. The intelligent
`microport 106-2 is shown connected by wireless to an access
`director or wireless repeater 107 at a residential customer premise.
`This access director/wireless repeater contains a plurality of
`equipment functionality [including a telephone, ISDN terminals
`data communication devices (e.g., PC), signaling devices/adjuncts,
`television/set-top boxes, multimedia workstations, etc.] supplying a
`broad array of narrowband/broadband services, each of which
`requires differing bandwidth capability.”
`Id., Ex. 1004 at Figure 1.
`Id. Ex. 1004 at 5:34-35: “Channels 307 are uplink narrowband
`service class access channels.”
`Ex. 1004 at 2:20-22: “The CDMA/TDM signal is transmitted
`between the system network and to a customer premise dynamic
`access director station.”
`Ex. 1004 at 3:23-25: “The intelligent microport 106-2 is shown
`connected by wireless to an access director or wireless repeater 107
`at a residential customer premise.”
`Ex. 1004 at 3:48-50: “An architecture suitable for the broadband
`wireless network is shown in the FIG. 2 in terms of the
`communication of the network to a particular end user.”
`Ex. 1004 at 4:49-51: “The access director 107 is a gateway/repeater
`providing a link between the microport and customer premises
`equipment (both wireless 108 and wired).”
`The claimed user terminals correspond to Rudrapatna’s intelligent microport
`
`106 and associated access director 107. Ex. 1004 at 16:52-54, Abstract, 3:20-34,
`
`Fig. 1; Ex. 1003 at ¶¶ 324-325. The specification states that there are multiple
`
`intelligent microports by denoting that there may be N microports. Id. at ¶ 325. The
`
`12
`
`

`
`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
`
`specification also explains that there are multiple associated wireless directors 107,
`
`each associated with a customer location (“customer premise”). Ex. 1004 at 2:20-
`
`22, 3:23-25; Ex. 1003 at ¶ 157. For instance, Rudrapatna explains that Figure 2
`
`shows the architecture for one “particular end user,” making clear that additional
`
`access directors 107 would be present in the system at other end user premises. Ex.
`
`1004 at 3:48-50; 4:49-51. Rudrapatna’s use of the plural form of “terminal” in the
`
`Abstract confirms that the system of Rudrapatna is for use by multiple terminals
`
`and thus discloses this claim element. Ex. 1003 at ¶ 326.
`
`’073 Cl. 28
`28[c]. at least
`one hub for
`transmitting
`and receiving
`data over said
`multiple access
`communication
`system to and
`from said
`plurality of
`user terminals;
`
`Rudrapatna
`See, e.g., Rudrapatna, Ex. 1004 at 4:31-37: “The service node
`103 performs traffic grooming (e.g. aligning radio
`frequency/access lines to land line trunks and to channels in
`low, medium and high arrays to sub-channels with low, medium
`and high bit rate services) and further performs
`circuit/synchronous transfer mode (STM) and cell/asynchronous
`transfer mode (ATM) switching.”
`Id., Ex. 1004 at 1:57-2:1: “The system supplies basic telephone
`service, wireless ISDN service, wireless data service, wireless
`multimedia service, and various other wireless broadband
`services including interactive video and broadcast video.”
`Id., Ex. 1004 at 4:42-44: “[t]he access node 105-N adds and
`drops trunks to the ring/access links and provides multiplexing
`and demultiplexing capability.”
`Id., Ex. 1004 at 10:33-47: “Interactive Video-On-Demand
`(IVOD) (TDM): IVOD is comprised of two parts: 1. Demand
`based video content transmitted on the downlink by broadband
`means [ ] only to users requesting to view that content; 2. A
`moderate speed uplink (<64 Kbps, via ISDN B channel or voice
`telephony) for service requests, payment authorization, etc.
`IVOD supports applications such as Video-On-Demand,
`networked games, interactive distance learning, telemedicine,
`
`13
`
`

`
`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
`
`interactive TV, multimedia video based information services
`etc. IVOD uses TDM transmission. Wireless Multimedia:
`Wideband services at 384 Kbps [ ] supporting two-way
`symmetric services. Transmission is implemented by either
`TDM of CDMA.”
`Id., Ex. 1004 at 16:52-54: “extending available services by
`adding interactive services by providing interactive uplink
`channels”
`Id., 5:10-15: “[T]his data communicated between the end user
`terminals and the network servers (213 through 222 in FIG. 2)
`include user identity, destination address, authentication service
`request codes, billing options, OAM&P messages,
`security/encryption code, service priority, location, grades of
`service requested, etc.”
`Id., Ex. 1004 at Figure 2 (Access Node 105, Service Node 105,
`and Signalling Server 213).
`Id., Ex. 1004 at 11:8-12: “Narrowband service class: This
`supports services such as basic rate ISDN, and . . . all basic
`voice telephony (32 Kpbs, 64Kbps) and wireless data.”
`Rudrapatna discloses Figure 2 which depicts the same functionality and
`
`structure of the claimed “hub.” Ex. 1003 at ¶ 332. The elements of Figure 2 such as
`
`the Access Node 105, Service Node 105, and Signaling Server comprise
`
`Rudrapatna’s hub. Id. From a functionality view, the access node (105-N) and the
`
`service node (103) provide a hub for receiving data over the multiple
`
`communications system from the user terminals. Id. at ¶ 332; Ex. 1004 at 4:31-37,
`
`4:42-44. Rudrapatna discloses using this architecture for basic telephone, wireless
`
`multimedia service, Interactive Video-On-Demand services such as networked
`
`games, interactive TV, and other “two-way symmetric services.” Ex. 1004 at 1:57-
`
`2:1, 10:33-37, 5:10-15; 11:8-12; Ex. 1003 at ¶ 332-333. Rudrapatna also discloses
`
`14
`
`

`
`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
`
`transmitting based on uplink channels. Id. at 16:52-54; Id.
`
`’073 Cl. 28
`28[d]. a forward
`communication link for
`transmitting data from said
`at least one hub to said
`plurality of user terminals;
`Rudrapatna discloses a hub and providing interactive video-on-demand
`
`Rudrapatna
`See discussion of Rudrapatna, supra § VII.A at
`claim element 28[c] for support.
`Id., Ex. 1004 at 4:1-2: “IVOD server 214 supports
`IVOD services, enhancements to normal video.”
`
`services and sends data through the local head end to the access node, to the
`
`intelligent microport, and ultimately to the various user terminals. Ex. 1004 at
`
`Figure 2; Ex. 1003 at ¶ 336. The access node and intelligent microport are used to
`
`send, for example, interactive video on demand. Ex. 1004 at 10:33-45, 4:1-2; Ex.
`
`1003 at ¶ 336. A person of ordinary skill in the art would understand that
`
`“interactive” video on demand requires communication going in both directions
`
`including from the hub to the user terminals, and that communication occurs over a
`
`“link” that is the same as a forward link. Ex. 1003 at ¶ 336. Thus, Rudrapatna
`
`discloses a “forward communication link” (the access node 105 to intelligent
`
`microport 106) in that the communication is sent from the hub to the various user
`
`terminals. Ex. 1003 at ¶ 337.
`
`’073 Cl. 28
`28[e]. a return
`communication
`link for
`transmitting
`data from said
`plurality of
`user terminals
`
`Rudrapatna
`See, e.g., Rudrapatna, Ex. 1004 at 4:44-51: “The intelligent
`microport 106-N implements both narrowband and broadband
`services by supporting a variety of multiple air interfaces. It
`provides both static and dynamic channel allocation to meet
`changing service demands by providing bandwidth on demand.
`The access director 107 is a gateway/repeater providing a link
`
`15
`
`

`
`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
`
`to said at least
`one hub, said
`return
`communication
`link including a
`first
`communication
`means for
`transmitting
`short bursty
`data in
`combination
`with second
`communication
`means for
`continuous
`transmission of
`data;
`
`between the microport and customer premises equipment.”
`Id., Ex. 1004 at 3:26-32: “This access director/wireless repeater
`contains a plurality of equipment functionality [including a
`telephone, ISDN terminals data communication devices (e.g.,
`PC), signaling devices/adjuncts, television/set-top boxes,
`multimedia workstations, etc] supplying a broad array of
`narrowband/broadband services, each of which requires
`differing bandwidth capability.”
`Id., Ex. 1004 at 9:6-11: “For narrowband service classes,
`CDMA is the wireless modulation schema in which individual
`conduits are in effect logical parts of the overall channel. In
`each instance, a service assignment is handled by conduits
`wherein each conduit is assigned to serving a user of a
`program.”
`Id., Ex. 1004 at 10:56-11:1: “Wireless Basic Voice Telephony
`(CDMA) Voice service . . . supporting two way symmetric
`services. . . Transmission is implemented via CDMA.”
`Id., Ex. 1004 at 9:3-6: “In the IVOD and IBV service classes,
`the wireless modulation schema is TDM time slots
`corresponding to a physical partitioning of spectrum.”
`Id., Ex. 1004 at 12:14-17: “wherein