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:
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`November 14, 1997
`
`May 29, 2001
`
`
`
`
`
`
`
`
`
`
`
`: Attorney Docket No. 082944.0104
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`:
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`:
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`: IPR No. Unassigned
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`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 Quick .......................................................................... 5 
`
`V. 
`
`LEVEL OF ORDINARY SKILL IN THE ART ............................................. 6 
`
`VI.  CLAIM CONSTRUCTION ............................................................................ 6 
`
`A.  Transmitter Means ................................................................................... 7 
`
`B.  First Communications Means and Second Communications Means ...... 7 
`
`C.  Switching Means ...................................................................................... 8 
`
`D.  Receiver Means ........................................................................................ 8 
`
`E.  Means for Switching ................................................................................ 9 
`
`F.  Collision Detection Means ....................................................................... 9 
`
`G.  Means for Generating ............................................................................ 10 
`
`H.  Means for Polling ................................................................................... 10 
`
`VII.  A REASONABLE LIKELIHOOD EXISTS THAT THE CHALLENGED
`CLAIMS ARE UNPATENTABLE ......................................................................... 10 
`
`A.  Ground 1: The ’073 Patent Claim 28 is anticipated by Quick............... 10 
`
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`i
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`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
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`B.  Ground 2: The ’073 Patent Claim 29 is obvious over Quick ................ 24 
`
`C.  Ground 3: The ’073 Patent Claims 2, 3, 5, 6 and 7 are obvious over
`Quick in view of Kou ............................................................................. 25 
`
`D.  Ground 4: The ’073 Patent Claims 3 and 6 are obvious over Quick in
`view of Nakamura .................................................................................. 49 
`
`E.  Ground 5: The ’073 Patent Claim 4 is obvious over Quick in view of
`Beal ........................................................................................................ 53 
`
`F.  Ground 6: The ’073 Patent Claim 8 is obvious over Quick in view of
`Wilkinson ............................................................................................... 56 
`
`
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`ii
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`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
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`

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`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
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`  
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`

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`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
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`eliot.williams@bakerbotts.com and hop.guy@bakerbotts.com.
`
`1
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`

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`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.
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`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.
`Petitioner relies upon the following patents and publications:
`
`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
`
`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.
`
`2
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`

`
`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
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`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 Quick.
`
`Claim 29 is obvious over Quick.
`
`Claims 2, 3, 5, 6 and 7 are obvious over Quick in view of Kou.
`
`Claims 3 and 6 are obvious over Quick in view of Nakamura
`
`Claim 4 is obvious over Quick in view of Beal.
`
`Claim 8 is obvious over Quick 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
`
`communications network
`
`that uses separate communication schemes
`
`in
`
`combination to send user-generated data. Id. To that end, the ’073 patent discloses
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`3
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`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
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`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.
`
`B.
`Prosecution History of the ’073 Patent
`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,
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`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
`
`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.
`
`4
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`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
`
`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 Quick
`Quick discloses a random access communications channel for a plurality of
`
`users and for a variety of data services. Quick’s random access channel is
`
`embedded in the return link and can be
`
`used in a variety of communications
`
`systems which use a reverse link servicing
`
`many users as shown in Figure 2.
`
`Quick covers services from narrowband to broadband, and explicitly
`
`includes both TDMA and CDMA access technologies. See Ex. 1005 at Abstract.
`
`Quick discloses the need “for a random access data packet channel that can
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`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
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`share communication channel resources among a large number of bursty packet
`
`data users, each having a variable and unpredictable demand for transmission
`
`resources, and for a way to switch between such a random access channel and a
`
`dedicated data channel.” Id. at 3:14-34. Quick discloses a dedicated and a random
`
`access channel for “communicating the digital data packets between the digital
`
`transceiver and the digital base station.” Id. at 4:27-36.
`
`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
`
`
`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)
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`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
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`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.
`
`B.
`Claims 2-8 each
`
`First Communications Means and Second Communications Means
`
`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.
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`7
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`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
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`Switching Means
`
`C.
`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.
`
`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
`
`8
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`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
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`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
`
`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.
`
`Collision Detection Means
`
`F.
`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.
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`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
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`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
`
`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 Quick
`’073 Claim 28 Quick
`See, e.g., Quick, Ex. 1005 at Title: Random access
`28[a]. A
`communications channel for data services.
`multiple access
`communication
`Id., Ex. 1005 at Abstract: “In a digital communication system for
`s system for
`communicating digital information, the digital communication
`use in a
`system having a forward link and a reverse link, a system and
`satellite
`method for communicating a data packet. The system comprises
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`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
`
`communication
`network,
`comprising:
`
`a communicating transceiver, from among a number of digital
`transceivers, for sending the data packet on a random access
`channel over the reverse link and for receiving the digital
`information from the forward link. The system also comprises a
`base station for receiving the data packet on the random access
`channel from the reverse link and for sending the digital
`information over the forward link. The digital transceivers share
`the random access channel.”
`Id., Ex. 1005 at Fig. 1.
`Id. Ex. 1005 at 3:47-49: “Accordingly, the present invention is
`directed to a random access channel for packet data services in a
`wireless communications system.”
`Id. Ex. 1005 at 27:61-28:3: “The previous description of the
`preferred embodiments is provided to enable any person skilled
`in the art to make or use the present invention. . . . [T]he present
`invention is not intended to be limited to the embodiments shown
`herein but is to be accorded the widest scope consistent with the
`principles and novel features disclosed herein.”
`See, e.g., Kou, Ex. 1006 at 1:11-16: “The present invention
`relates to a multiple access satellite communication system in
`which a hub earth station and a plurality of mini-earth stations
`communicate over common shared channels via a satellite and ,
`more particularly, to a mini-station-to-hub earth station access
`system.”
`The portion of the preamble pertaining to intended use “in a satellite
`
`communication network” is not a limitation because it is not referenced by any
`
`other portion of the claim and is only an intended use for the claimed techniques.
`
`Ex. 1003 at ¶ 539; Rowe v. Dror, 112 F.3d 473, 478 (Fed. Cir. 1997) (preamble not
`
`limiting “where a patentee defines a structurally complete invention in the claim
`
`body and uses the preamble only to state a purpose or intended use for the
`
`invention.”). Quick discloses a system for random access for service to multiple
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`Petition for Inter Partes Review of U.S. Patent No. 6,240,073
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`users for use in any wireless communications system, including a satellite
`
`communication network. Ex. 1005 at 3:47-49, Abstract, Title; Ex. 1003 at ¶ 539. A
`
`person of ordinary skill would recognize that the communications channel of
`
`Quick would be part of a “multiple access communications system.” Id.
`
`To the extent that the preamble is limiting, then a person of ordinary skill in
`
`the art would apply
`
`the communications system of Quick
`
`to satellite
`
`communications, as disclosed in Kou. Ex. 1006 at 1:11-16; Ex. 1005 at Fig. 1
`
`(depicting a satellite, hub stations, and mini-earth stations); Ex. 1003 at ¶ 540. A
`
`person of ordinary skill in the art would apply the communications system of
`
`Quick
`
`to satellites because satellites were a well-known application of
`
`communications systems at the time of the alleged invention of the ’073 patent. Ex.
`
`1003 at ¶ 540. The disclosed communications system of Quick has utility in any
`
`wireless network. Ex. 1005 at 3:47-49, Abstract; 27:61-28:3; Ex. 1003 at ¶ 541.
`
`’073 Claim 28
`28[b]. a plurality
`of user terminals
`for transmitting
`and receiving
`data over said
`multiple access
`communication
`system;
`
`Quick
`See, e.g., Quick, Ex. 1005 at 6:15-23 “The digital
`communication system illustrated in FIG. 1 may utilize
`TDMA, CDMA, or other digital modulation techniques in
`communications between the remote user units 102,104
`(which may be fixed or mobile and may also be referred to as
`mobile stations) and the cell-sites (or base stations) 108.”
`Id., Ex. 1005 at 1:7-12: “[T]he present invention relates to a
`method for sharing the resources of existing channels in a
`cellular telephone communications system among a large
`number of packet data users, each having a variable and
`unpredictable demand for transmission resources.”
`Id., Ex. 1005 at 3:65 to 4:1 “The system of the present
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`invention comprises digital transceivers for sending the digital
`data packet on a random access channel over the reverse link
`and for receiving the digital information from the forward
`link.”
`Quick teaches multiple users in a system that employs multiple access
`
`techniques (TDMA, CDMA). Ex. 1005 at 6:18-23; Ex. 1003 at ¶ 543. Remote
`
`users generate data to be transmitted over Quick’s multiple access communications
`
`system. Id. at 1:7-12; Id. at ¶ 543. Quick’s plurality of remote user units are within
`
`the broadest reasonable interpretation of the claimed “plurality of user terminals
`
`for generating data to be transmitted over said multiple access communication
`
`system.” Ex. 1003 at ¶ 543.
`
`Thus, Quick discloses “a plurality of user terminals which generate data
`
`which is transmitted over a multiple access communications system.” Id.
`
`’073 Claim 28 Quick
`See, e.g., Quick, Ex. 1005 at 6:24-27: “For the remainder of
`28[c]. at least
`this description, the terms ‘cell-site’ and ‘base station’ will both
`one hub for
`be used to refer to terrestrial transceivers that communicate
`transmitting and
`over-the-air with remote and/or mobile”
`receiving data
`over said
`Id., Ex. 1005 at 6:18-19: “The digital communication system
`multiple access
`illustrated in FIG. 1 may utilize TDMA, CDMA”
`communication
`Id., Ex. 1005 at 6:38-44: “Transmissions from the cell-sites 108
`system to and
`to the remote user units 102, 104 are sent on a forward link
`from said
`120, while transmissions in the opposite direction are sent on a
`plurality of user
`reverse link 130. The cell sites 108 are coupled to the switching
`terminals;
`station 110 via backhaul 140 or may be linked to the switching
`station 110 over-the-air.”
`Id., Ex. 1005 at 3:26-29: “Such services preferably do not
`utilize fixed allocations of communication resources and allow
`the sharing of such resources among multiple users.”
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`Quick’s base stations 108 (which are alternatively referred to as cell sites)
`
`along with switching station 110 correspond to the claimed “at least one hub.” Ex.
`
`1003 at ¶ 547. Quick uses “cell-site” or “base-station” to refer to “terrestrial
`
`transceivers that communicate over-the-air with remote and/or mobile.” Ex. 1005
`
`at 6:24-27; Ex. 1003 at ¶ 547. Therefore Quick’s cell-sites 108 meet the claimed
`
`“receiving data over said multiple access communication system from said
`
`plurality of user terminals.” Ex. 1005 at 6:38-44; Ex. 1003 at ¶ 548. A person of
`
`ordinary skill would therefore recognize that Quick’s base stations are within the
`
`broadest reasonable interpretation of this claim limitation. Ex. 1003 at ¶ 548.
`
`Quick discloses a “hub for transmitting and receiving data” (the base station)
`
`“to and from said plurality of user terminals” (the transceivers in the cellphones).
`
`Ex. 1003 at ¶ 550; Ex. 1005 at 6:24-27; 6:18-19; 6:38-44; 3:26-29.
`
`’073 Claim 28 Quick
`See, e.g., Quick, Ex. 1005 at Abstract: “The system comprises a
`28[d]. a
`communicating transceiver, from among a number of digital
`forward
`transceivers, for sending the data packet on a random access
`communication
`channel over the reverse link and for receiving the digital
`link for
`information from the forward link. The system also comprises a
`transmitting
`base station for receiving the data packet on the random access
`data from said
`channel from the reverse link and for sending the digital
`at least one hub
`information over the forward link.”
`to said plurality
`of user
`Id., Ex. 1005 at 12:9-19: “The forward link random access
`terminals;
`channel for carrying packet data can be considered a subchannel
`of a combined cellular paging and packet data channel on the
`CDMA forward link. An example of a cellular paging channel is
`the CDMA Paging Channel defined in TIA/EIA/IS-95. The
`CDMA Paging Channel is used for communication from the cell
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`site 108 to the mobile station 104 for such purposes as
`broadcasting system overhead information, locating the mobile,
`assigning a Traffic Channel, and other signaling for system
`control purposes.”
`Id., Ex. 1005 at Figs. 5A, 5B, 13:34-38: “The structure of the
`forward link Packet/Paging Channel slots 502, frames 504, and
`half-frames 506 is similar to that of IS-95 Paging Channels.”
`Quick discloses a forward communication link (the forward link) for data
`
`between the hub and the plurality of user terminals (the base station and
`
`cellphones). See Ex. 1005 at Abstract, 12:9-19; 13:34-38; Ex. 1003 at ¶ 555.
`
`’073 Claim 28 Quick
`See, e.g., Quick, Ex. 1005 at 6:38-44: “Transmissions from the
`28[e]. a return
`cell-sites 108 to the remote user units 102, 104 are sent on a
`communicatio
`forward link 120, while transmissions in the opposite direction
`n link for
`are sent on a reverse link 130. The cell sites 108 are coupled to
`transmitting
`the switching station 110 via backhaul 140 or may be linked to
`data from said
`the switching station 110 over-the-air.”
`plurality of
`user terminals
`Id., Ex. 1005 at 6:18-29: “The digital communication system
`to said at least
`illustrated in FIG. 1 may utilize TDMA, CDMA, or other digital
`one hub, said
`modulation techniques in communications between the remote
`return
`user units 102,104 (which may be fixed or mobile and may also
`communicatio
`be referred to as mobile stations) and the cell-sites (or base
`n link
`stations) 108. For the remainder of this description, the terms
`including a
`"cell-site" and "base station" will both be used to refer to
`first
`terrestrial transceivers that communicate over-the-air with
`communicatio
`remote and/or mobile units. It is not intended, however, that the
`n means for
`present invention be limited to cellular systems and thus to cell-
`transmitting
`sites.”
`short bursty
`Id., Ex. 1005 at 4:27-30: “[T]he present invention comprises a
`data in
`random access channel and a dedicated channel for
`combination
`communicating the digital data packets between the digital
`with second
`transceiver and the digital base station.”
`communicatio
`n means for
`Id., Ex. 1005 at 8:54-58: “[W]hen a system user 202 has data to
`continuous
`send to the switching station 110, the user 202 makes a packet
`transmission
`data transmission request on a standard Access Channel 204,
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`of data;
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`which serves the system on the reverse link, i.e., from the users
`202 to the cell site 108.”
`Id., Ex. 1005 at 10:54 to 11:4: “[W]ith reference to FIG. 2, both
`a random access channel 208 and a dedicated data channel 214
`can be implemented within the same communication system.
`Both the random access 208 and dedicated 214 channels can be
`used to transmit data packets. A system having many users 202
`that communicate data can have both types of channels 208, 214
`and thereby accommodate a wide variety of data services. Thus,
`when a user 202 has a large amount of data to be transferred to
`the home base 110, a channel assignment is dedicated to the
`user 202. Only the user 202 assigned to the dedicated channel
`214 will be permitted to transmit data over that channel, until
`the user 202 completes its data transfer. On the other hand,
`when a user 202 transmits bursts of data, it is preferable to have
`those bursts sent over a random acc