UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE, INC., HTC CORPORATION, HTC AMERICA, INC., MICROSOFT
`CORPORATION, MICROSOFT MOBILE OY, MICROSOFT MOBILE INC.,
`SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA,
`INC., AND ZTE (USA) INC.,
`Petitioner
`v.
`EVOLVED WIRELESS LLC,
`Patent Owner
`Cases IPR2016-00758, -00981, -1342, -1349, IPR2017-00068, and -00106
`Patent 8,218,481 B2
`Oral Argument – October 17, 2017
`
`Evolved Wireless’s Hearing Demonstratives
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE, INC., HTC CORPORATION, HTC AMERICA, INC., MICROSOFT
`CORPORATION, MICROSOFT MOBILE OY, MICROSOFT MOBILE INC.,
`SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA,
`INC., AND ZTE (USA) INC.,
`Petitioner
`v.
`EVOLVED WIRELESS LLC,
`Patent Owner
`Cases IPR2016-00758, -00981, -1342, -1349, IPR2017-00068, and -00106
`Patent 8,218,481 B2
`Oral Argument – October 17, 2017
`
`Evolved Wireless’s Hearing Demonstratives
`
`
`
`Outline
`
`I. Claim Construction
`II. Panasonic references
`A. Teaching how
`B. Teaching away
`III. IEEE Grounds
`A. Does not disclose claims properly construed
`B. Fail to meet burden of proof on combination with Tan
`
`2
`
`
`
`Claim Construction
`
`1. A method of transmitting a preamble sequence in a mobile
`communication system, the method comprising: repeating a
`specific sequence, having a length (L), N times to generate a
`consecutive sequence having a length (N*L); generating said
`preamble sequence by concatenating a single cyclic prefix (CP)
`to a front end of said consecutive sequence; and transmitting, on
`a random access channel, said preamble sequence to a receiving
`side.
`(Claim 1.)
`
`3
`
`
`
`Claim Construction
`
`“[T]he claimed preamble sequence can only include one cyclic
`prefix.” (Response at 24.)
`– Despite the Board’s “comprising” analysis (IRP2016-01349 ID at 13.)
`– “This follows from the plain language, which requires ‘concatenating a
`single cyclic prefix.’” (Response at 24.)
`
`4
`
`
`
`Claim Construction
`
`1. A method of transmitting a preamble sequence in a mobile
`communication system, the method comprising: repeating a specific
`sequence, having a length (L), N times to generate a consecutive
`sequence having a length (N*L); generating said preamble sequence by
`concatenating a single cyclic prefix (CP) to a front end of said
`consecutive sequence; and transmitting, on a random access channel,
`said preamble sequence to a receiving side.
`2. The method of claim 1, further comprising generating said specific
`sequence from a Constant Amplitude Zero Auto Correlation (CAZAC)
`sequence.
`3. The method of claim 2, further comprising applying a cyclic shift to said
`specific sequence generated from said CAZAC sequence.
`
`5
`
`
`
`Claim Construction
`
`1. A method of transmitting a preamble sequence in a mobile communication
`system, the method comprising: repeating a specific sequence, having a
`length (L), N times to generate a consecutive sequence having a length
`(N*L); generating said preamble sequence by concatenating a single
`cyclic prefix (CP) to a front end of said consecutive sequence; and
`transmitting, on a random access channel, said preamble sequence to a
`receiving side.
`2. The method of claim 1, further comprising generating said specific
`sequence from a Constant Amplitude Zero Auto Correlation (CAZAC)
`sequence.
`3. The method of claim 2, further comprising applying a cyclic shift to said
`specific sequence generated from said CAZAC sequence.
`
`6
`
`
`
`Claim Construction
`
`“[T]he claimed preamble sequence can only include one cyclic
`prefix.” (Response at 24.)
`– “As discussed above, the applicant explained during prosecution that
`‘a review of FIG. 2 of Jung reveals that a preamble sequence of Jung
`may include more than one cyclic prefix,’ and therefore ‘Jung cannot
`teach or suggest generating said preamble sequence by
`concatenating a single cyclic prefix (CP) to a front end of said
`consecutive sequence, as recited in’ the amended claims. (Ex. 1005
`at 545.)” (Response at 26-27.)
`
`7
`
`
`
`Claim Construction
`
`• “The Federal Circuit’s decision in In re Suitco Surface is informative
`here.” (Response at 28.)
`
`8
`
`
`
`Claim Construction
`
`Petitioner’s argument at Reply 9-12: “Second, the Applicant did not
`advance patentability based on EW’s alleged feature either. Instead,
`Applicant repeatedly relied on the “consecutive sequence” feature as
`supporting patentability over Jung. . . . ”
`
`9
`
`
`
`Panasonic References
`
`• Panasonic 792 and 700
`• Panasonic 114
`
`10
`
`
`
`Panasonic References
`
`All remaining disputed claims require “generating said cyclic
`prefix by concatenating a single cyclic prefix (CP) to a front
`end of said consecutive sequence” and “applying a cyclic shift
`to said specific sequence generated from said CAZAC
`sequence.” (Claims 1 and 3.)
`
`“the petitions identify Panasonic 792 and Panasonic 700 as
`including a cyclic prefix (758 Pet. at 25-26; 1342 Pet. at 32-33),
`and separately identify Panasonic 114 as disclosing the use of
`cyclic-shifted CAZAC sequences (758 Pet. at 32; 1342 Pet. at
`36).” (Response at 34.)
`
`11
`
`
`
`Panasonic References
`
`“The Petition Fails to Explain How the References Would Have
`Been Allegedly Combined to Result in the Invention as a
`Whole.” (Response at 33.)
`
`12
`
`
`
`Panasonic References
`
`“Petitioners Fail to Establish a Prima Facie Case of
`Obviousness Over the Panasonic References Because It Fails to
`Address the References as a Whole.” (Response at 39.)
`
`“In particular, Dr. Min and the petitions fail to address an
`unequivocal statement in Panasonic 114 that teaches away from
`combining that reference with Panasonic 792 or Panasonic
`700.” (Id.)
`
`13
`
`
`
`Panasonic References
`
`“Panasonic 114 states the following on the question of ‘how to
`fulfill the possible preamble field using preamble sequence’:
`
`Two approaches have been proposed. One is composed
`of multiple short CAZAC sequences. The other is one
`long CAZAC sequence.
`
`(Ex. 1003 at 2 (citations omitted).)”
`
`(Response at 40.)
`
`14
`
`
`
`Panasonic References
`
`Patent Owner: “Panasonic 114 then goes on to compare the two
`approaches . . . But cyclic-shifted CAZAC sequence requires
`relatively long sequence.” (Response at 40 (emphasis added).)
`
`Petitioner: “At most, Panasonic 114 expresses a preference for a
`long CAZAC sequence, stating ‘long CAZAC sequence is
`preferred option.’ Ex. 1003 (‘Panasonic 114’) at 3.” (Reply at
`15.)
`
`15
`
`
`
`IEEE Grounds
`
`1. A method of transmitting a preamble sequence in a mobile communication
`IEEE802.16-2004
`•
`system, the method comprising: repeating a specific sequence, having a
`• Tan
`length (L), N times to generate a consecutive sequence having a length
`(N*L); generating said preamble sequence by concatenating a single
`cyclic prefix (CP) to a front end of said consecutive sequence; and
`transmitting, on a random access channel, said preamble sequence to a
`receiving side.
`2. The method of claim 1, further comprising generating said specific
`sequence from a Constant Amplitude Zero Auto Correlation (CAZAC)
`sequence.
`3. The method of claim 2, further comprising applying a cyclic shift to said
`specific sequence generated from said CAZAC sequence.
`
`16
`
`
`
`IEEE Grounds
`
`1. A method of transmitting a preamble sequence in a mobile communication
`“Petitioners Fail to Establish That Claims 3-4, 6, 10-11, and 13
`system, the method comprising: repeating a specific sequence, having a
`Are Obvious Over Grounds That Rely Upon IEEE802.16-2004”
`length (L), N times to generate a consecutive sequence having a length
`(N*L); generating said preamble sequence by concatenating a single
`1.
`“IEEE802.16-2004 Fails to Disclose ‘generating said
`cyclic prefix (CP) to a front end of said consecutive sequence; and
`transmitting, on a random access channel, said preamble sequence to a
`preamble sequence by concatenating a single cyclic prefix
`receiving side.
`(CP) to a front end of said consecutive sequence’”
`2. The method of claim 1, further comprising generating said specific
`2.
`“Petitioners Fail to Establish by a Preponderance of the
`sequence from a Constant Amplitude Zero Auto Correlation (CAZAC)
`sequence.
`Evidence That a Person of Ordinary Skill in the Art Would
`Combine IEEE802.16-2004 with Tan”
`3. The method of claim 2, further comprising applying a cyclic shift to said
`specific sequence generated from said CAZAC sequence.
`(Response at 44, 47.)
`
`17
`
`
`
`IEEE Grounds: Ground 1
`
`1. A method of transmitting a preamble sequence in a mobile communication
`1. “IEEE802.16-2004 Fails to Disclose ‘generating said preamble
`system, the method comprising: repeating a specific sequence, having a
`sequence by concatenating a single cyclic prefix (CP) to a front
`length (L), N times to generate a consecutive sequence having a length
`end of said consecutive sequence’”
`(N*L); generating said preamble sequence by concatenating a single
`cyclic prefix (CP) to a front end of said consecutive sequence; and
`transmitting, on a random access channel, said preamble sequence to a
`“[T]he claimed preamble
`receiving side.
`sequence can only include
`one cyclic prefix.” (Response at 24.)
`2. The method of claim 1, further comprising generating said specific
`sequence from a Constant Amplitude Zero Auto Correlation (CAZAC)
`sequence.
`3. The method of claim 2, further comprising applying a cyclic shift to said
`(Response at 46.)
`specific sequence generated from said CAZAC sequence.
`
`18
`
`
`
`IEEE Grounds: Ground 2
`
`“Petitioners Fail to Establish by a Preponderance of the Evidence
`That a Person of Ordinary Skill in the Art Would Combine
`IEEE802.16-2004 with Tan” (Response at 47.)
`“Constant Amplitude Zero Auto Correlation (CAZAC) sequence of the type described
`•
`by Tan” (981 Pet. at 39.)
`“Specifically, as the ’481 patent explains, the CAZAC sequence ‘has excellent
`transmission characteristics,’ . . . These are the very characteristics on which Dr. Wells
`relies in support of the proposed combination.”(Response at 48.)
`“Accordingly, in the combination proposed by Dr. Wells, the CAZAC sequence itself
`would never be transmitted. Rather, the transmitted preamble sequence in Dr. Wells’s
`combination would involve fragments generated by using only every fourth and every
`other element of the CAZAC sequence.”(Response at 48-49.)
`
`•
`
`•
`
`19
`
`
`
`IEEE Grounds
`
`“Petitioners Fail to Establish by a Preponderance of the Evidence
`That a Person of Ordinary Skill in the Art Would Combine
`IEEE802.16-2004 with Tan”
`
`Reply at 26-28: a “more straightforward example”
`
`20
`
`
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