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`———————
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`———————
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`
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`Cisco Systems, Inc.,
`Petitioner
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`
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`———————
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`Case IPR2016-_____
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`U.S. Patent No. 8,432,956
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`_____________________
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`
`
`DECLARATION OF DR. SAYFE KIAEI UNDER
`37 C.F.R. § 1.68 IN SUPPORT OF PETITION FOR
`INTER PARTES REVIEW OF U.S. PATENT NO. 8,432,956
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`Declaration of Dr. Sayfe Kiaei Under 37 C.F.R. § 1.68 in Support of
`Petition for Inter Partes Review of U.S. Patent No. 8,432,956
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`TABLE OF CONTENTS
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`I.
`
`
`
`II.
`
`
`Introduction .................................................................................................... 3
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`Background and Qualifications ...................................................................... 6
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`III.
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` Understanding of Patent Law ......................................................................... 8
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`
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` THE ’956 PATENT ...................................................................................... 11 IV.
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`V.
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`
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`Level of Ordinary Skill in the Pertinent Art ................................................. 15
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`
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` Broadest Reasonable Interpretation .............................................................. 17 VI.
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`A.
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`B.
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`C.
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`“during Showtime” ............................................................................. 18
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`“array” ................................................................................................ 20
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`“transceiver” ....................................................................................... 21
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`D. Other relevant terms ........................................................................... 23
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`VII.
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` Detailed Invalidity Analysis ......................................................................... 27
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`A.
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`Background on Prior Art References ................................................. 28
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`1.
`
`2.
`
`3.
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`Background on Milbrandt ........................................................ 28
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`Background on Hwang ............................................................ 29
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`Background on ANSI T1.413-1995 ......................................... 30
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`B.
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`Claims 1-10 are Obvious over Milbrandt, Hwang, and ANSI
`T1.413 ................................................................................................ 31
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`1.
`
`2.
`
`Reasons to Combine Milbrandt with Hwang .......................... 31
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`Reasons to Combine Milbrandt/Hwang with ANSI
`T1.413 ...................................................................................... 33
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`VIII.
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` Challenges .................................................................................................... 36
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` Conclusion .................................................................................................... 93 IX.
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`Declaration of Dr. Sayfe Kiaei Under 37 C.F.R. § 1.68 in Support of
`Petition for Inter Partes Review of U.S. Patent No. 8,432,956
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`I, Sayfe Kiaei, do hereby declare as follows:
`
`INTRODUCTION
`I.
`
`1.
`
`I have been retained as an independent expert witness on behalf of
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`Cisco Systems, Inc. (“Cisco”) for the above-captioned Petition for Inter Partes
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`Review (“IPR”) of U.S. Patent No. 8,432,956 (“the ’956 patent”). I am being
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`compensated at my usual and customary rate of $400 per hour for the time I spend
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`in connection with this IPR. My compensation is not affected by the outcome of
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`this IPR.
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`2.
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`I have been asked to provide my opinions regarding whether claims 1-
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`10 (“the Challenged Claims”) of the ’956 patent are invalid as they would have
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`been obvious to a person having ordinary skill in the art (“POSITA”) at the time of
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`the alleged invention. It is my opinion that all of the limitations of claims 1-10
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`would have been obvious to a POSITA after reviewing the Milbrandt, Hwang and
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`ANSI T1.413 references, as discussed further below.
`
`3.
`
`The ’956 patent issued on April 30, 2013, from U.S. Patent Appl. No.
`
`13/476,310, filed May 21, 2012. The ’310 Application is a continuation of U.S.
`
`Patent Appl. No. 12/779,660, filed on May 13, 2010, which is a continuation U.S.
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`Patent Appl. No. 12/477,742, filed on Jun. 3, 2009, which is a continuation of U.S.
`
`Patent Appl. No. 10/619,691, filed July 16, 2003, which is a continuation of U.S.
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`Patent Appl. No. 09/755,173, filed on January 8, 2001. The ’956 patent also claims
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`Declaration of Dr. Sayfe Kiaei Under 37 C.F.R. § 1.68 in Support of
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`the benefit of U.S. Provisional Application No. 60/224,308, filed on August 10,
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`2000, and U.S. Provisional Application No. 60/174,865, filed on January 7, 2000.1
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`4.
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`The face of the ’956 patent names David M. Krinsky and Robert
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`Edmund Pizzano, Jr., as the inventors. Further, the face of the ’956 patent
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`identifies TQ Delta, LLC as the assignee of the ’956 patent.
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`5.
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`In preparing this Declaration, I have reviewed:
`
`a)
`
`b)
`
`c)
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`the ’956 patent, Ex. 1001;
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`the file history of the ’956 patent, Ex. 1002;
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`the file histories of the patent applications to which the ’956
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`patent is related, Ex. 1003-1008;
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`d)
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`the prior art references discussed below: Ex. 1011 (Milbrandt),
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`Ex. 1013 (Hwang), and Ex. 1014 (ANSI T1.413); and
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`e)
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`selected portions of these references, as discussed below:
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`• Charles K. Summers, ADSL Standards, Implementation, and
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`Architecture (CRC Press 1999) (“Summers”),
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`
`1 Although it does not appear that the ’956 patent claims are entitled to the
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`provisional date of January 7, 2000, this declaration presents prior art and analysis
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`which demonstrates that the Challenged Claims would have been obvious even as
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`of the provisional date.
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`Declaration of Dr. Sayfe Kiaei Under 37 C.F.R. § 1.68 in Support of
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`• Walter Goralski, ADSL and DSL Technologies (McGraw-Hill
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`1998) (“Goralski”),
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`• Harry Newton, Newton’s Telecom Dictionary, 16th Ed. (2000)
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`(“Newton’s”),
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`• Valerie Illingworth and John Daintith, The Facts on File
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`Dictionary of Computer Science (Market House Books 2001)
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`(“Illingworth”),
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`• Thomas Starr, John M. Cioffi, Peter J. Silverman,
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`Understanding Digital Subscriber Line Technology, (Prentice
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`Hall 1999) (“Starr”),
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`• Andrew S. Tanenbaum, Computer Networks (Prentice Hall
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`1996) (“Tanenbaum”),
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`• B. P. Lathi, Modern Digital and Analog Communication
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`Systems (Oxford University Press 1998) (“Lathi”), and
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`• Behzad Razavi, RF Microelectronics (Prentice Hall 1997)
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`(“Razavi”).
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`6.
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`In forming the opinions expressed in this Declaration, I relied upon
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`my education and experience in the relevant field of art, and have considered the
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`viewpoint of a POSITA, as of January 7, 2000. I have also considered:
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`Declaration of Dr. Sayfe Kiaei Under 37 C.F.R. § 1.68 in Support of
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`a)
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`the documents listed above,
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`b)
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`the additional documents and references cited in the analysis
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`below,
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`c)
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`the relevant legal standards, including the standard for
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`obviousness provided in and any additional authoritative
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`documents as cited in the body of this declaration, and
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`d) my knowledge and experience based upon my work in this area
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`as described below.
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`7.
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`I understand that in an IPR, claims are given their broadest reasonable
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`interpretation in view of the patent specification and the understandings of a
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`POSITA. I further understand that this is not the same claim construction standard
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`as one would use in a District Court proceeding.
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`II.
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`BACKGROUND AND QUALIFICATIONS
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`8. My qualifications are set forth in my curriculum vitae, a copy of
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`which is attached as Ex. 1010 to this declaration. As set forth in my curriculum
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`vitae:
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`9.
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`I earned my B.S. in Computer and Electrical Engineering from
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`Washington State University-Northeastern in 1982, a M.S. in Electrical and
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`Declaration of Dr. Sayfe Kiaei Under 37 C.F.R. § 1.68 in Support of
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`Computer Engineering from Washington State University in 1984, and a PhD. in
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`Electrical and Computer Engineering from Washington State University in 1987.
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`10.
`
`I have been a Professor at Arizona State University (ASU) since 2001.
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`In this capacity, I have served as a Motorola Endowed Professor and Chair in
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`analog and RF integrated circuits. I am also Director of ASU’s Center on Global
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`Energy Research and Director of NSF Connection One Research Center with a
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`focus on integrated communication systems.
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`11. From 2009 to 2012, and concurrent with my position at ASU, I was
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`the Associate Dean of Research at the Ira A. Fulton Schools of Engineering.
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`12. From 1993 to 2001, I was a senior member of technical staff with the
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`Wireless Technology Center and Broadband Operations at Motorola. In that
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`capacity, I was responsible for the development of RF and transceiver integrated
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`circuits, GPS RF IC and digital subscriber lines (DSL) transceivers.
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`13. From 1987 to 1993, I served as an Associate Professor at Oregon
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`State University.
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`14.
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`In addition to the above noted positions, I was the Co-Director of the
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`Industry-University Center for the Design of Analog/Digital ICs (CDADIC). Also,
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`I am an IEEE Fellow, and have been the Chair and on the Technical Program
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`Committee of several IEEE conferences including RFIC, MTT, ISCAS and other
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`international conferences.
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`15.
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`In total, I have more than thirty years of experience in research,
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`development, design, commercialization, evaluation, and testing, of wireless
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`technologies, products, and systems. My research interests include wireless
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`transceiver design, RF, and mixed-signal IC’s in CMOS and SiGe.
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`16.
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`I have published more than 100 journal and conference papers and
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`have been awarded several U.S. patents.
`
`17.
`
`I have organized and chaired international conferences on
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`electrochemical capacitor technology and taught short courses at Electrochemical
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`Society and IEEE meetings.
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`III.
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` UNDERSTANDING OF PATENT LAW
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`18.
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`I am not an attorney. For the purposes of this declaration, I have been
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`informed about certain aspects of the law that are relevant to my opinions. My
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`understanding of the law was provided to me by Cisco’s attorneys.
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`19.
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`I understand that prior art to the ’956 patent includes patents and
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`printed publications in the relevant art that predate the priority date of the alleged
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`invention recited in the ’956 patent. I have applied the date of January 7, 2000, the
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`filing date of the earliest provisional application in the chain of continuing
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`applications resulting in the ’956 patent, as the priority date. I understand,
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`Declaration of Dr. Sayfe Kiaei Under 37 C.F.R. § 1.68 in Support of
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`however, that the ’956 patent claims may not be entitled to this earlier date, and
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`that the actual entitled priority date may be later.
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`20.
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`I understand that a claim is invalid if it would have been obvious.
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`Obviousness of a claim requires that the claim would have been obvious from the
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`perspective of a POSITA at the time the alleged invention was made. I understand
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`that a claim could have been obvious from a single prior art reference or from a
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`combination of two or more prior art references.
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`21.
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`I understand that an obviousness analysis requires an understanding of
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`the scope and content of the prior art, any differences between the alleged
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`invention and the prior art, and the level of ordinary skill in evaluating the
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`pertinent art.
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`22.
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`I further understand that certain factors may support or rebut the
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`obviousness of a claim. I understand that such secondary considerations include,
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`among other things, commercial success of the patented invention, skepticism of
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`those having ordinary skill in the art at the time of invention, unexpected results of
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`the invention, any long-felt but unsolved need in the art that was satisfied by the
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`alleged invention, the failure of others to make the alleged invention, praise of the
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`alleged invention by those having ordinary skill in the art, and copying of the
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`alleged invention by others in the field. I understand that there must be a nexus—a
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`connection—between any such secondary considerations and the alleged invention.
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`Declaration of Dr. Sayfe Kiaei Under 37 C.F.R. § 1.68 in Support of
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`I also understand that contemporaneous and independent invention by others is a
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`secondary consideration tending to show obviousness.
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`23.
`
`I further understand that a claim would have been obvious if it unites
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`old elements with no change to their respective functions, or alters prior art by
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`mere substitution of one element for another known in the field and that
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`combination yields predictable results. Also, I understand that obviousness does
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`not require physical combination/bodily incorporation, but rather consideration of
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`what the combined teachings would have suggested to persons of ordinary skill in
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`the art at the time of the alleged invention.
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`24. While it may be helpful to identify a reason for this combination,
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`common sense should guide and no rigid requirement of finding a teaching,
`
`suggestion, or motivation to combine is required. When a product is available,
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`design incentives and other market forces can prompt variations of it, either in the
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`same field or different one. If a POSITA can implement a predictable variation,
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`obviousness likely bars its patentability. For the same reason, if a technique has
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`been used to improve one device and a POSITA would recognize that it would
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`improve similar devices in the same way, using the technique would have been
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`obvious. I understand that a claim would have been obvious if common sense
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`directs one to combine multiple prior art references or add missing features to
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`reproduce the alleged invention recited in the claims.
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`25.
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`I am not aware of any allegations by the named inventor of the ’956
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`patent or any assignee of the ’956 patent that any secondary considerations tend to
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`rebut the obviousness of any Challenged Claim of the ’956 patent.
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`26.
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`I understand that in considering obviousness, it is important not to
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`determine obviousness using the benefit of hindsight derived from the patent being
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`considered.
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`27. The analysis in this declaration is in accordance with the above-stated
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`legal principles.
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`
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` THE ’956 PATENT IV.
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`28. The ’956 patent relates to a “diagnostic information transmission
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`mode allow[ing] for two modems to exchange diagnostic and/or test information
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`that may not otherwise be exchangeable during normal communication.” ’956
`
`patent, Abstract. The ’956 patent states that “[i]n the diagnostic link mode, the RT
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`[remote terminal] modem sends diagnostic and test information in the form of a
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`collection of information bits to the CO [central office] modem that are, for
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`example, modulated by using one bit per DTM [discrete multi-tone] symbol
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`modulation.” Id., 3:50-53. “Other exemplary modulation techniques include
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`Differential Phase Shift Keying (DPSK) on a subset or all the carriers, as specified
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`in, for example, ITU standard G.994.1, higher order QAM [quadrature amplitude
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`modulated] modulation (>1 bit per carrier), or the like.” Id. 3:55-59.
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`29. The ’956 patent shows in Table 1, below, “an example of a data
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`message that can be sent by the RT to the CO during the diagnostic link mode.”
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`Id. 4:31-32.
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`’956 patent, 4:7-30.
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`30. The ’956 patent describes communicating digital data using discrete
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`
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`multitone (DMT) signals. Those of skill in the art would have been familiar with
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`DMT, as it had been employed for over five years in various communication
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`systems, including asymmetric digital subscriber line (ADSL) standards such as
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`Declaration of Dr. Sayfe Kiaei Under 37 C.F.R. § 1.68 in Support of
`Petition for Inter Partes Review of U.S. Patent No. 8,432,956
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`ANSI T1.413-1995 and ITU G.992.1. Summers, 26-27; ANSI T1.413, 1-2. DMT
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`divides the available communication bandwidth (range of frequencies) into
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`multiple distinct subchannels (or subcarriers). Goralski, 187. Each subcarrier is
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`tested for its characteristic signal attenuation (or the reciprocal, its signal gain) and
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`for noise. Id., 188. The amount of data encoded into each subchannel is then
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`tailored to the subchannel’s characteristics. A subchannel with a strong signal and
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`low noise will have more bits of data encoded into it than another subchannel with
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`a weaker signal or greater noise. These ideas are illustrated in the figure below.
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`
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`Goralski, Fig. 8-6, 189.
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`
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`31. As discussed above, the ’956 patent purports to provide a diagnostic
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`link mode for transmitting test or diagnostic information from one modem to
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`another modem.
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`32.
`
`Independent claim 1 is representative of the Challenged Claims:
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`Declaration of Dr. Sayfe Kiaei Under 37 C.F.R. § 1.68 in Support of
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`transmitting diagnostic
`transceiver capable of
`1. A
`information over
`a
`communication
`channel using
`multicarrier modulation comprising:
`
`a transmitter portion capable of transmitting a message,
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`wherein the message comprises one or more data variables
`that represent the diagnostic information, wherein bits in the
`message are modulated onto DMT symbols using
`Quadrature Amplitude Modulation (QAM) with more than 1
`bit per subchannel and wherein at least one data variable of
`the one or more data variables comprises an array
`representing power level per subchannel information.
`
`V.
`
` LEVEL OF ORDINARY SKILL IN THE PERTINENT ART
`
`33.
`
`I understand that the level of ordinary skill may be reflected by the
`
`prior art of record, and that a POSITA to which the claimed subject matter pertains
`
`would have the capability of understanding the scientific and engineering
`
`principles applicable to the pertinent art. I understand that one of ordinary skill in
`
`the art has ordinary creativity, and is not a robot.
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`34.
`
`I understand there are multiple factors relevant to determining the
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`level of ordinary skill in the pertinent art, including (1) the levels of education and
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`experience of persons working in the field at the time of the invention; (2) the
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`sophistication of the technology; (3) the types of problems encountered in the field;
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`and (4) the prior art solutions to those problems. There are likely a wide range of
`
`educational backgrounds in the technology field pertinent to the ’956 patent.
`
`35.
`
`I am very familiar with the knowledge and capabilities that a POSITA
`
`of multicarrier communication systems (such as digital subscriber line (DSL)
`
`communications) would have possessed during the late 90s and early 2000s,
`
`especially as it pertains to testing lines for their support of multicarrier
`
`communications. Specifically, my experience in the industry, with colleagues from
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`academia, and with engineers practicing in the industry during the relevant
`
`timeframe allowed me to become personally familiar with the knowledge and
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`capabilities of a person of ordinary skill in the area of multicarrier
`
`communications. Unless otherwise stated, my testimony below refers to the
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`knowledge of one of ordinary skill in the art in the field of multicarrier
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`communications during the time period around the priority date of the ’956 patent.
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`36.
`
`In my opinion, the level of a POSITA needed to have the capability of
`
`understanding multicarrier communications and engineering principles applicable
`
`to the ’956 patent is (i) a Master’s degree in Electrical and/or Computer
`
`Engineering, or equivalent training, and (ii) approximately five years of experience
`
`working in digital telecommunications. Lack of work experience can be remedied
`
`by additional education, and vice versa. Such academic and industry experience
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`would be necessary to appreciate what was obvious and/or anticipated in the
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`industry and what a POSITA would have thought and understood at the time. For
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`example, an understanding of the ’956 patent requires an appreciation of digital
`
`communications using discrete multitone (DMT) signals. Such knowledge would
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`be within the level of skill in the art. I believe I possess such experience and
`
`knowledge, and am qualified to opine on the ’956 patent.
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`37. For purposes of this Declaration, in general, and unless otherwise
`
`noted, my statements and opinions, such as those regarding my experience and the
`
`understanding of a POSITA generally (and specifically related to the references I
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`consulted herein), reflect the knowledge that existed in the field as of January
`
`2000.
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` BROADEST REASONABLE INTERPRETATION VI.
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`38.
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`It is my understanding that in order to properly evaluate the ’956
`
`patent, the terms of the claims must first be interpreted. It is my understanding that
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`the claims are to be given their broadest reasonable interpretation in light of the
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`specification. It is my further understanding that claim terms are given their
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`ordinary and accustomed meaning as would be understood by a POSITA, unless
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`the inventor, as a lexicographer, has set forth a special meaning for a term.
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`39.
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`In order to construe the claims, I have reviewed the entirety of the
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`’956 patent along with its prosecution history.
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`Declaration of Dr. Sayfe Kiaei Under 37 C.F.R. § 1.68 in Support of
`Petition for Inter Partes Review of U.S. Patent No. 8,432,956
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`A.
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`“during Showtime”
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`40. The term “during Showtime” appears in each of claims 9-10.
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`41. Aside from the claims, the term “during Showtime” appears in the
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`’956 patent specification in only two locations. In the first reference, the
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`specification references “a forward error correction or a CRC error during
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`Showtime, e.g., the normal steady state transmission mode, or the like.” ’956
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`patent, 3:35-37. The second reference is to “Signal to Noise during Showtime” in
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`Table 1 as one of the exemplary message variables that may be sent as diagnostic
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`information:
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`Declaration of Dr. Sayfe Kiaei Under 37 C.F.R. § 1.68 in Support of
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` ’956 patent, 4:7-30.
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`42. The ’956 specification does not, however, describe how the “Signal to
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`
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`Noise during Showtime” information is measured, nor does it explain what tests
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`are performed to gather information about a signal to noise ratio “during
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`Showtime.”
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`43. Those of skill in the art would have been familiar with the concept of
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`“Showtime,” which is a term of art in the DSL space used to refer to the mode that
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`follows the completion of initialization and handshake equipment: “Following C-
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`SEGUE3 the ATU-C has completed initialization and enters state C-
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`SHOWTIME.” ANSI T1.413, 108. Showtime is used to describe the mode where
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`the remote and the central office DSL modems can conduct normal
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`communications over the access network. For example, a contemporary reference
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`book on DSL communications states, “The connection is tested in both directions
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`after which each modem notifies its peer that it is ready to enter normal
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`communications, known in the standard as ‘showtime.’” Starr, 379. Also, the fact
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`that the term “Showtime” is capitalized would suggest to a person of ordinary skill
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`that the term is being used in accordance with its term of art meaning.
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`44. Thus, a POSITA would have understood the phrase “during
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`Showtime” to refer to during normal communications of an ANSI T1.413-
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`compliant device.
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`B.
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`“array”
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`45. The term “array” appears in each of claims 1-10.
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`46. Aside from the claims, the term “array” appears in the ’956 patent
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`specification only once:
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`Many variables that represent the type of diagnostic and test
`information that are used to analyze the condition of the link are
`sent from the RT modem to the CO modem. These variables can
`be, for example, arrays with different lengths depending on, for
`example, information in the initiate diagnostic mode message.
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`’956 patent, 4:43-48.
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`47. Thus, the ’956 patent does not provide an express definition for the
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`term “array,” but instead uses it according to its ordinary meaning.
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`48.
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`In my opinion, a POSITA would have been familiar with the term
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`“array,” which is commonly used in both the computer and mathematical arts.
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`Contemporary technical dictionaries define array as an “ordered collection of
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`identical structures” (Newton’s, p. 71) or a “collection of data items … [that are]
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`arranged in a particular order or pattern and are all of the same type.” (Facts on
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`File Dictionary of Computer Science, p. 9).
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`49. Consistent with these dictionary definitions and the usage of the term
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`“array” in the ’956 patent specification, I believe that a POSITA would have
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`understood the broadest reasonable interpretation of “array” to mean an ordered
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`collection of multiple data items of the same type.
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`C.
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`“transceiver”
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`50. The term “transceiver” appears in the preamble of each of claims 1-
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`10.
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`51. A POSITA would have been familiar with the term “transceiver” as
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`being a combination of the words “transmitter” and “receiver.” Consistent with this
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`ordinary understanding, the ’956 patent specification states that a “transceiver” is
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`also referred to as a modem and includes a transmitter and a receiver:
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`For simplicity of reference, the systems and methods of the
`invention will hereafter refer to the transceivers generically as
`modems. One such modem is typically located at a customer
`premises such as a home or business and is "downstream" from a
`central office with which it communicates. The other modem is
`typically located at the central office and is "upstream" from the
`customer premises. Consistent with industry practice, the modems
`are often referred to as "ATU-R" ("ADSL transceiver unit,
`remote," i.e., located at the customer premises) and "ATU-C"
`("ADSL transceiver unit, central office" i.e., located at the central
`office). Each modem
`includes a
`transmitter section for
`transmitting data and a receiver section for receiving data, and is
`of the discrete multitone type, i.e., the modem transmits data over a
`multiplicity of subchannels of limited bandwidth.
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`’956 patent, 1:66:2:13. A POSITA would have understood that a modem, which
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`stands for modulator/demodulator, is a transceiver since it modulates and
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`demodulates for the purpose of transmitting and receiving.
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`52. A contemporary dictionary defines a transceiver as “Any device that
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`transmits and receives.” Newton’s at 913.
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`53. Accordingly, I believe that a POSITA would have understood that the
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`broadest reasonable interpretation of “transceiver” is a device, such as a modem,
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`with a transmitter and a receiver.
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`54.
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`I apply these constructions as the broadest reasonable constructions in
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`view of the specification for purposes of this Declaration.
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`D. Other relevant terms
`
`55. The ’956 patent and the prior art – Milbrandt, Hwang, and ANSI
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`T1.413 – describe communication systems that use Discrete Multitone Modulation
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`(DMT). As DMT communication systems evolved, so did the terms that persons of
`
`ordinary skill in the art use to describe the system’s components and functions.
`
`Some of these terms are different, but are used interchangeably by those of
`
`ordinary skill in the art, and refer to the same component or function in the
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`communication system. I describe several of these terms below, with reference to
`
`the ’956 patent and the prior art and Newton’s.
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`56.
`
`“Channel” A channel is a medium over which data is transmitted.
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`Newton describes a channel as a “path of communication, either electrical or
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`electromagnetic, between two or more points.” Newton’s, 180. Example channel
`
`may be a twisted pair of a telephone wire, a fiber optic cable, or a quad cable. ’956
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`patent, 5:36-39; Hwang, 5:3-5. The ’956 patent refers to a broadband
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`communications channel. ’956 patent, 1:45-47.
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`57. A channel may have a defined frequency response, gain, and
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`bandwidth. Newton’s, 180. A bandwidth of an analog channel is typically
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`measured in Hertz, which are cycles per second. Newton’s, 101.
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`58.
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`“Subchannel” A channel may be divided into multiple sub-channels,
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`where each sub-channel has its own frequency. For example, the broadband
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`communications channel of the ’956 patent is formed by multiple carriers, where
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`the carriers “form discrete, non-overlapping communication subchannels of limited
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`bandwidth.” ’956 patent, 1:46-47.
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`59. Also, a person of ordinary skill would have recognized that the term
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`“frequency sub-carrier” in the ANSI T1.413 standard (ANSI T1.413, 107)
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`corresponds to Milbrandt’s “sub-frequency” (Milbrandt, 12:14-31) and that both of
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`these terms correspond to the “subchannel” in the ’956 patent. ’956 patent, 1:46-
`
`47.
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`60.
`
`“Carrier” A carrier is an electrical signal at a continuous frequency
`
`that is capable of being modified (also referred to as modulated) to carry
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`information. The modifications can be changes to amplitude, frequency or phase.
`
`The modifications or the changes from the carrier’s frequency become the carried
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`information. Newton’s, 159. A carrier may be another term for a sub-channel when
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`the sub-channel’s frequency is modified to carry information.
`
`61. The ’956 patent uses terms carrier and sub-channel in the same
`
`context. For example, “the carriers form discrete, non-overlapping communication
`
`subchannels of limited bandwidth” that collectively form a broadband
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`communication channel. ’956 patent, 1:46-47. Similarly, Hwang refers to the
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`signals being “carried over a distinct carrier frequency channel” where “frequency
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`separation between consecutive carriers is 4.3125 KHz.” Hwang, 2:67-3:5.
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`62.
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`“Tone” A tone is a type of a carrier or a carrier signal. A tone refers
`
`to an “audio signal consisting of one or more superimposed amplitude modulated
`
`frequencies with a distinct cadence and duration.” Newton’s, 908. Hwang uses the
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`terms “carrier” and “tone” interchangeably. For example, in Hwang, “[t]he
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`frequency separation between consecutive carriers is 4.3125 KHz with a total
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`number of 256 carriers or tones (ANSI).” Hwang, 3:3-5. And, in the “256 tone-
`