UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`
`
`CISCO SYSTEMS, INC. and ARRIS GROUP, INC.,
`Petitioner
`
`v.
`
`TQ DELTA, LLC,
`Patent Owner
`
`_____________________
`
`Case IPR2016-010071
`Patent 8,432,956 B2
`_____________________
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`
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`PETITIONER’S REPLY
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`1 ARRIS Group, Inc., who filed a Petition in IPR2017-00422, has been joined in
`this proceeding.
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`Petitioner’s Reply, IPR2016-01007
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`TABLE OF CONTENTS
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`PETITIONER’S EXHIBIT LIST .............................................................................. 4
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`I. 
`
`Introduction ........................................................................................................ 7 
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`II.  Claim Construction ............................................................................................ 7 
`
`A. 
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`B. 
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`“subchannel” ............................................................................................. 7 
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`“during Showtime” .................................................................................... 9 
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`III.  The Independent Claims Are Obvious ............................................................ 10 
`
`A.  Milbrandt teaches “power level per subchannel information”–
`independent claims 1, 3, 5, and 7 ............................................................ 10 
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`1.  Milbrandt’s sub-frequency teaches a “subchannel” ....................... 11 
`
`2.  Milbrandt’s power spectrum density per sub-frequency teaches
`“power level per subchannel” ......................................................... 16 
`
`B.  Milbrandt in combination with ANSI T1.413 teaches “an array
`representing Signal to Noise Ratio per subchannel during Showtime
`information”—independent claim 9 ....................................................... 18 
`
`1.  Milbrandt in combination with ANSI T1.413 teaches signal
`noise ratio (SNR) per “subchannel” ................................................ 18 
`
`2.  Milbrandt in combination with ANSI T1.413 teaches SNR
`“during Showtime” .......................................................................... 19 
`
`3.  ANSI T1.413’s “SNR” discloses “Signal to Noise
`Ratio…information” ........................................................................ 21 
`
`4.  ANSI T1.413’s “SNR margin test parameters” discloses
`“Signal to Noise Ratio…Information” ............................................ 22 
`
`5.  There are numerous and distinct reasons to combine the
`teachings of Milbrandt and ANSI T1.413 to measure and
`transmit SNR during Showtime ...................................................... 23 
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`2
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`IV.  The Dependent Claims Are Also Obvious ...................................................... 26 
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`Petitioner’s Reply, IPR2016-01007
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`A.  Dependent claims 2, 4, 6, and 8 .............................................................. 26 
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`1.  Milbrandt in combination with ANSI T1.413 teaches that “the
`power level per subchannel information is based on a Reverb
`signal” ............................................................................................. 26 
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`2.  There are numerous and distinct reasons to combine the
`teachings of Milbrandt and ANSI T1.413 to measure PSD
`based on a Reverb signal ................................................................. 29 
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`V.  TQ Delta’s Attack on Dr. Kiaei Has No Merit ................................................ 32 
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`VI.  Conclusion ....................................................................................................... 33 
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`3
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`Petitioner’s Reply, IPR2016-01007
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`PETITIONER’S UPDATED EXHIBIT LIST
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`June 8, 2017
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`1001 U.S. Patent No. 7,835,430 to Krinsky et al.
`
`1002 Prosecution File History of U.S. 8,432,956
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`1003 Prosecution File History of U.S. 8,238,412
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`1004 Prosecution File History of U.S. 7,835,430
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`1005 Prosecution File History of U.S. 7,570,686
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`1006 Prosecution File History of U.S. 6,658,052
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`1007 U.S. Provisional Application No. 60/224,308
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`1008 U.S. Provisional Application No. 60/174,865
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`1009 Declaration of Dr. Sayfe Kiaei under 37 C.F.R. § 1.68
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`1010 Curriculum Vitae of Dr. Sayfe Kiaei
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`1011 U.S. Patent No. 6,636,603 to Milbrandt
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`1012 U.S. Patent No. 6,891,803 to Chang et al.
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`1013 U.S. Patent No. 6,590,893 to Hwang et al.
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`1014 ANSI T1.413-1995 Standard
`
`1015 Charles K. Summers, ADSL STANDARDS, IMPLEMENTATION, AND
`ARCHITECTURE (CRC Press 1999) (selected pages)
`
`1016 Walter Goralski, ADSL AND DSL TECHNOLOGIES (McGraw-Hill 1998)
`(selected pages)
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`4
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`Petitioner’s Reply, IPR2016-01007
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`1017 Harry Newton, Newton’s Telecom Dictionary, 16th Ed. (2000)
`(selected pages)
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`1018 Valerie Illingworth and John Daintith, THE FACTS ON FILE
`DICTIONARY OF COMPUTER SCIENCE (Market House Books 2001)
`(selected pages)
`
`1019 Thomas Starr, John M. Cioffi, Peter J. Silverman, Understanding
`Digital Subscriber Line Technology, (Prentice Hall 1999) (selected
`pages)
`
`1020 Andrew S. Tanenbaum, COMPUTER NETWORKS (Prentice Hall 1996)
`(selected pages)
`
`1021 B. P. Lathi, Modern Digital and Analog Communication Systems
`(Oxford University Press 1998) (selected pages)
`
`1022 Behzad Razavi, RF MICROELECTRONICS (Prentice Hall 1997) (selected
`pages)
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`1023 Declaration of David Bader
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`1100 Second Declaration of Dr. Sayfe Kiaei Under 37 C.F.R. § 1.68
`
`1101 George Abe, RESIDENTIAL BROADBAND (Cisco Press, Second Edition
`2000) (selected pages)
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`1102 Martin Rowe, ADSL Testing Moves Out of the Lab (April 1, 1999)
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`1103 Declaration of Robert Short
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`1104 U.S. 6,625,219
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`1105 U.S. 7,292,627
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`1106 Douglas Chrissan, Uni-DSL: One DSL for Universal Service, White
`Paper (June 2004)
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`1107 U.S. 6,374,288
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`Petitioner’s Reply, IPR2016-01007
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`1108 Ata Elahi, Network Communications Technology (Delmar Thomson
`Learning 2001) (selected pages)
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`1109 FCC Filing for Alcatel Model 1000 ADSL Modem, 1999
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`1110 Deposition Transcript of Douglas Chrissan
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`1111 Second Declaration of David Bader
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`6
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`I.
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`Introduction
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`Petitioner’s Reply, IPR2016-01007
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`TQ Delta attempts to distinguish claims 1-10 (the “Challenged Claims”) on
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`three bases: (1) that Milbrandt does not teach “power level per subchannel
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`information;” (2) that Milbrandt and ANSI T1.413 do not teach “power level per
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`subchannel information [] based on a Reverb signal;” and (3) that Milbrandt and
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`ANSI T1.413 do not teach “signal to noise ratio per subchannel during Showtime
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`information.” Each of these arguments is incorrect. TQ Delta’s attempt to
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`distinguish the prior art incorrectly relies on a narrow interpretation of
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`“subchannel,” mischaracterizes Milbrandt’s disclosure of a “sub-frequency,”
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`analyzes Milbrandt and ANSI T1.413 separately, and distorts the motivations for
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`combining the references articulated in the Petition. For at least these reasons, TQ
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`Delta’s arguments fail to refute the obviousness of the Challenged Claims.
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`II.
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`Claim Construction
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`A.
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`“subchannel”
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`Because “subchannel” has a broad, well-understood meaning in the field of
`
`multicarrier communications, neither Cisco’s Petition nor the Board’s Decision on
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`Institution offered a construction for the term. TQ Delta, however, in an attempt to
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`differentiate the Challenged Claims from prior art, argues that “subchannel” should
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`be construed as a “carrier of a multicarrier communication channel.” Resp., 9.
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`But, this construction is overly narrow and is contradicted by both the ‘952 patent
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`7
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`specification and the testimony of TQ Delta’s own experts. The Board should
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`Petitioner’s Reply, IPR2016-01007
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`reject TQ Delta’s proposal and, to the extent the Board believes it is necessary,2
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`construe the term consistent with its broadest reasonable interpretation. Ex-1100,
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`¶5.
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`TQ Delta’s basis for the proposed construction is a single statement in the
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`‘956 patent, which states that “carriers form discrete, non-overlapping
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`communication subchannels of limited bandwidth.” Resp., 9 (citing Ex-1001,
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`1:44-47). In doing so, TQ Delta ignores other portions that use the term “tone”
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`interchangeably with “subchannel.” Ex-1001, 4:38-40; Ex-1100, ¶¶6-8. TQ Delta
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`also ignores that both of its own experts testified that a person of ordinary skill in
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`the art (“POSITA”) would have understood the terms “subchannel,” “channel,”
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`“carrier,” “subcarrier,” “band,” “subband,” “tone,” to be equivalent and
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`interchangeable. Ex-1100, ¶8; Ex-1110, 43:13-49:15, 53:20-54:1; Ex-1103, ¶36.
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`Cisco’s expert, Dr. Kiaei, similarly testified that “the term ‘subchannel’
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`would [have been understood to be] equivalent and interchangeable with the terms
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`‘tone,’ ‘carrier,’ ‘subcarrier,’ ‘channel,’ ‘band,’ and ‘sub-band.’” Ex-1100, ¶¶6-8;
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`see also, Ex-1101, 69; Ex-1102, 3; Ex-1104, 1:41; Ex-1105, 1:36; Ex-1106, 13;
`
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`2 See, Vivid Techs., Inc. v. Am. Sci. & Eng’g, Inc., 200 F.3d 795, 803 (Fed. Cir.
`1999).
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`Ex-1014, 46.3 Dr. Kiaei also testified that the term “‘sub-frequency,’ in the ADSL
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`Petitioner’s Reply, IPR2016-01007
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`
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`context, would also be understood to be equivalent and interchangeable with the
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`term ‘subchannel.’” Ex-1100, ¶¶8-9; see also, Ex-1107, 1:29-33 (“sub-frequency”
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`“channel”); Ex-1108, p. 108-109, (“subchannels” “subfrequency” “channel”); Ex-
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`1011, 11:2-4. (“sub-frequency” “channel.”).
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`TQ Delta’s proposed interpretation should also not be adopted because it is
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`circular and confusing. The proposed interpretation refers to both a “carrier” and a
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`“channel,” which as TQ Delta’s own expert, Dr. Chrissan, testified are equivalent
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`terms in the ADSL context. Ex-1110, 53:20-54:1 (“I personally…equate, channel
`
`[and] carrier.”); Ex-1100, ¶10.
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`Therefore, as Dr. Kiaei explains, a POSITA after reviewing the patents at
`
`issue would have understood that the term “subchannel” includes a tone, carrier,
`
`subcarrier, band, sub-band, sub-frequency, or channel, of a multicarrier frequency
`
`spectrum. Ex-1100, ¶11. In this context, according to Dr. Kiaei, a “subchannel”
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`would be understood to be “a portion of a frequency spectrum used for
`
`communication.” Id.
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`B.
`“during Showtime”
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`3 Petitioner’s evidence introduced in this Reply is responsive to arguments raised
`by TQ Delta and therefore proper. See 37 C.F.R. § 42.23(b); Rules of Practice for
`Trials before the Patent Trial and Appeal Board, 77 Fed.Reg. 48,612, 48,620 (Aug.
`14, 2014); Genzyme Therapeutic Prods. Ltd. v BioMarin Pharm. Inc., 825 F.3d
`1360 (Fed. Cir. 2016).
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`9
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`Petitioner’s Reply, IPR2016-01007
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`The Petition construed “during Showtime” because—as TQ Delta’s Dr.
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`Chrissan conceded—it is a term of art specific to DSL technology. Ex-1110,
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`79:21-24. Dr. Chrissan supplements Cisco’s construction and testifies that “during
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`Showtime” is also applicable to “ITU-T G.992.1 and G.992.2 DSL” and the
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`“ADSL2 and VDSL2” communication standards. Ex-2001, ¶31; Ex-1110, 80:2.
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`Therefore, to the extent that revision is necessary, the term of art “during
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`Showtime” should be construed as “during normal communications of a device
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`compliant with the ANSI T1.413, ITU-T G.992.1, G.992.2, ADSL2, or VDSL2
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`communication standards.” Ex-1100, ¶12.
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`III. The Independent Claims Are Obvious
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`TQ Delta does not dispute that a majority of the claim limitations of the
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`independent claims were well known before the effective date of the ‘956 patent
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`and are taught by the prior art. Resp., 10-11; Ex-1110, 39:7-11; 56:12-14; 57:1-5;
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`67:8-13; 70:3-9; 73:6-22; and 135:9-136:9. The remaining disputes as to the
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`independent claims are addressed below.
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`A. Milbrandt teaches “power level per subchannel information”–
`independent claims 1, 3, 5, and 7
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`TQ Delta argues that “power level per subchannel information” is not
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`taught by Milbrandt because: (1) it “does not use the term ‘sub-frequency’ to refer
`
`to a multicarrier ‘subchannel,’” and (2) its “‘power spectrum density’ per sub-
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`frequency [is] very different from the claimed ‘power level per subchannel.’”
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`10
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`Resp.’” Resp., 15-18. Both of these arguments mischaracterize Milbrandt and are
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`Petitioner’s Reply, IPR2016-01007
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`incorrect. Ex-1100, ¶13.
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`1. Milbrandt’s sub-frequency teaches a “subchannel”
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`The Board already considered and correctly rejected TQ Delta’s argument
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`that Milbrandt’s “sub-frequency” is not a “subchannel,” in the Decision on
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`Institution. Paper 8, 15. Nevertheless, TQ Delta continues to mischaracterize
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`Milbrandt as “refer[ing] to dividing the ADSL spectrum into ‘sub-frequencies’ for
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`downstream and upstream transmission (i.e., large bands of frequencies).” Resp.,
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`15. That is, TQ Delta asserts that a “sub-frequency” in Milbrandt refers to the
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`whole upstream or downstream frequency spectrum. Ex-1100, ¶¶13, 21.
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`TQ Delta is wrong. There is no dispute that Milbrandt describes
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`“subchannels,” which Milbrandt refers to as “channels.” Ex-1011, 10:15-65. And
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`Milbrandt equates these “channels” (which are “subchannels”) with “sub-
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`frequencies.” Ex-1011, 11:2-6; Ex-1100, ¶14.
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`a. Milbrandt’s “channel” is a “subchannel”
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`Milbrandt’s ADSL modem uses DMT technology to divide the subscriber
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`line into many individual “channels” and uses QAM “to transmit data in each
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`channel simultaneously.” Ex-1011, 10:58-65. As Dr. Kiaei explains, “because
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`Milbrandt uses discrete multitone technology to divide the ADSL frequency
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`spectrum into channels, a POSITA would have understood that there would, for
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`11
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`example, 256 tones/channels.” Ex-1100, ¶15; Ex-1013, 2:66-3:5.
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`Petitioner’s Reply, IPR2016-01007
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`Furthermore, “a POSITA would understand that Milbrandt is describing how
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`its ADSL modem performs QAM modulation on each of the individual 256
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`tones/channels to transmit the data simultaneously as a single signal. In ADSL,
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`QAM does not operate on the upstream or downstream frequency spectrum as a
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`whole—it operates at the tone/channel level.” Ex-1100, ¶¶15-17.
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`Dr. Chrissan agrees with this understanding, testifying that he
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`“personally…equate[s] channel [and] subchannel” and conceding that, in
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`Milbrandt’s ANSI T1.413 standard compliant device, "the QAM modulation is
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`performed on each individual subchannel.” Ex-1110, 53:20-54:1, 62:2-3, 65:6-
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`12; Resp., 28-29 n.2 (TQ Delta agreeing that Milbrandt “complie[s] with the ANSI
`
`T1.413 standard.”)
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`Accordingly, it is undisputed that Milbrandt’s “channel” is the smallest
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`division of the data transmission in a multicarrier communication system that uses
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`DMT, and therefore discloses a “subchannel,” as construed by TQ Delta. Ex-1100,
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`¶18.
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`b. Milbrandt’s “channel” (which is a “subchannel”) is a
`“sub-frequency”
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`Milbrandt continues and explains that the frequency range from 25 kHz to
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`1.1 MHz is divided into sub-frequencies and that “[e]ach sub-frequency is an
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`independent channel.” Ex-1011, 11:2-10. As Dr. Kiaei testifies, “here Milbrandt
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`equates the earlier discussed ‘channel’ of ADSL modem (which is a ‘subchannel’)
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`Petitioner’s Reply, IPR2016-01007
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`with a ‘sub-frequency’ and that each independent sub-frequency/channel is a
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`discrete non-overlapping portion of a multicarrier frequency spectrum from 25 kHz
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`to 1.1 MHz.” Ex-1100, ¶19. Therefore, Milbrandt’s “sub-frequency” is a
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`“subchannel.” Id.
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`This understanding is further confirmed by Milbrandt’s statement that “the
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`sub-channels are divided into groups and one group of channels is allocated for
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`the uplink transmission of data and the other for the downlink transmission of
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`data.” Ex-1011, 11:2-10. As Dr. Kiaei explains, “Milbrandt provides a ‘group of
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`channels’ for uplink and another ‘group of channels’ for downlink transmission.
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`This further demonstrates that Milbrandt’s sub-frequency/channel is not the whole
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`upstream and downstream frequency spectrum.” Ex-1100, ¶¶20-21.
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`Dr. Kiaei illustrates Milbrandt’s ADSL frequency spectrum using the below
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`figure, which demonstrates that the terms “channel,” “sub-channel,” and “sub-
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`frequency” are used interchangeably.
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`13
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`Petitioner’s Reply, IPR2016-01007
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`“DMT technology to divide the bandwidth...into many individual
`… channels.” Ex-1011, 10:58-63
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`“subchannels are divided into groups
`“subchannels are divided into
`and...other [group of channels is
`groups and one group of channels is
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`allocated] for the downlink.” Ex-1011,
`allocated for the uplink” Ex-1011,
`11:6-10
`11:6-10
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`
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`“frequency range from 25 kHz to 1.1 MHz...divided into sub-frequencies.
`Each sub-frequency is an independent channel.” Ex-1011, 11:2-5
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`
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`Ex-1100, ¶¶22-24. As shown above, the terms sub-frequency/channel describe a
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`discrete non-overlapping portion (e.g., one of 256 carriers) of a frequency
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`spectrum from 25 kHz to 1.1 MHz that uses DMT/QAM modulation for
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`communication. Id.
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`Therefore—even under TQ Delta’s narrow construction—Milbrandt’s “sub-
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`frequency” discloses a “subchannel.” Ex-1100, ¶24.
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`c.
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`V.90 protocol is an alternative to ADSL protocol
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`TQ Delta further argues that Milbrandt’s disclosure of a “sub-frequency”
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`14
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`does not teach a “subchannel” because, allegedly, Milbrandt also uses the term
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`Petitioner’s Reply, IPR2016-01007
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`“sub-frequency” to describe the “voice frequency spectrum using the
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`V.90…protocol.” Resp., 15. This argument misses the point since “the V.90
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`protocol is an alternative to the ADSL protocol (Milbrandt’s primary
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`embodiment), and uses the POTS frequency range of 0-4kHz (which is
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`approximately the size of one channel).” Ex-1100, ¶25; see also, Ex-1110, 142:2-5
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`(Dr. Chrissan admitting that “V.90 [is an] alternative protocol[]”); Ex-1011,
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`11:58-64. The voice frequency spectrum for V.90 is a “sub-frequency” of the
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`overall frequency spectrum. Ex-1100, ¶25. And since the V.90 protocol is only
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`used as an alternative to the ADSL protocol, its use of the term “sub-frequency” in
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`the context of the V.90 protocol has no bearing on Milbrandt’s use of that term in
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`the context of the ADSL protocol. Id.
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`d. Milbrandt’s Figure 3 example is not limiting
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`TQ Delta also argues that Milbrandt’s “sub-frequency” is not the same as a
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`“subchannel,” because Milbrandt’s Figure 3 illustrates six columns of “sub-
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`frequencies” instead of 256 sub-frequencies normally used for ADSL
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`communication. Resp., 16. But this argument distorts Milbrandt’s overall
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`teachings. Milbrandt plainly states that “FIG. 3 illustrates one example of
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`subscriber line information.” Ex-1011, 3:51-52. Rather than being limited to this
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`one example, Milbrandt discloses that there are “many individual...channels” and
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`that “[e]ach sub-frequency is an independent channel,” without providing an upper
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`Petitioner’s Reply, IPR2016-01007
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`limit of how many sub-frequencies/channels are used. Ex-1011, 10:58-11: 4; Ex-
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`1100, ¶26. Indeed, TQ Delta’s expert, Dr. Chrissan, testified that a POSITA
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`“would not interpret this to mean exactly six columns” and TQ Delta provides no
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`credible reason to deviate from that understanding. Ex-2001, ¶44. Dr. Kiaei
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`concurred on this point. Ex-1100, ¶26. Thus, the Figure 3 example does not limit
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`the number of Milbrandt’s sub-frequencies. Ex-1100, ¶27.
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`2. Milbrandt’s power spectrum density per sub-frequency teaches
`“power level per subchannel”
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`TQ Delta’s second point—that Milbrandt’s power spectrum density (PSD) 4
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`per sub-frequency is different from “power level per subchannel”—continues with
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`the mischaracterization of the first point. That is, TQ Delta perpetuates its
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`mischaracterization of Milbrandt’s “sub-frequencies” as “large bands of
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`frequencies” used for downstream and upstream transmission, by arguing that
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`Milbrandt’s PSD per sub-frequency represents the “power level over a wide swath
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`of subchannels.” Resp., 15, 18-19; Ex-1100, ¶28.
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`As discussed above, Milbrandt’s “sub-frequency” is a “subchannel,” even
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`under TQ Delta’s narrow construction. Section III.A.1, supra. And the Petition
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`explained that Milbrandt’s PSD per sub-frequency is representative of how much
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`4 TQ Delta does not dispute that “power spectral density” represents “power level,”
`per se.
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`the power the signal carries in that sub-frequency/subchannel. Pet., 24; Ex-1009,
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`Petitioner’s Reply, IPR2016-01007
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`p. 50. Power and PSD are related as each other’s integral and derivative. Ex-1100,
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`¶29. That is, PSD is simply the derivative, with respect to frequency, of power.
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`As Dr. Kiaei explains, a POSITA would have understood that the “power level in
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`Milbrandt’s sub-frequency is represented by the integral of measured PSD across
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`that sub-frequency,” as given by the following equation:
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`
`
`where:
`Power Level between ω1 and ω2 is ΔPg;
`PSD is Sg;
`ω1 is the lower frequency bound; and
`ω2 is upper frequency bound.
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`Ex-1100, ¶29; Ex-1021, 126-127. TQ Delta’s expert, Dr. Chrissan, confirmed this
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`understanding. Ex-1110, 104:2-15. (“Q. And so if you integrated the power
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`spectral density function from Frequency 1 to Frequency 2 what you would end up
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`with is a measure of power expressed in units of power such as watts or dBm,
`
`right? A. If you did that, you would have a measure of power of a signal from
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`Frequency F1 to Frequency F2 as you described.”) As Dr. Kiaei explained, it was
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`known that each of Milbrandt’s 256 sub-frequencies have a frequency range of
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`4.3125 kHz. Ex-1009, ¶61; Ex-1013, 3:3-5. Accordingly, when Milbrandt’s PSD
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`is integrated for each sub-frequency across its respective range of 4.3125 kHz, the
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`17
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`power level for that sub-frequency is obtained. Ex-1100, ¶30.
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`Petitioner’s Reply, IPR2016-01007
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`Therefore, Milbrandt’s PSD per sub-frequency does in fact “represent[]
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`power level per subchannel information.” Ex-1100, ¶31.
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`B. Milbrandt in combination with ANSI T1.413 teaches “an array
`representing Signal to Noise Ratio per subchannel during Showtime
`information”—independent claim 9
`
`TQ Delta’s expert, Dr. Chrissan, concedes that measuring “Signal to Noise
`
`Ratio per subchannel during Showtime information,” was not a novel aspect of the
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`‘956 patent. Ex-1110, 121:3-125:14-16. Notwithstanding the admitted lack of
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`novelty, TQ Delta presents four meritless arguments regarding this limitation. Ex-
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`1100, ¶¶41-42.
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`1. Milbrandt in combination with ANSI T1.413 teaches signal noise
`ratio (SNR) per “subchannel”
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`TQ Delta perpetuates its earlier mischaracterization and argues that “none of
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`the asserted references, alone or in combination, teach measuring any noise or
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`signal to noise ratio parameters on a ‘per subchannel’ basis, as opposed to on an
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`entire communication channel.” Resp., 24. This is incorrect. Ex-1100, ¶43.
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`As discussed above, Milbrandt’s “sub-frequency” discloses a “subchannel,”
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`even under TQ Delta’s narrow construction. Section III.A.1, supra. And the
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`Petition explained that Milbrandt measures noise information on a per sub-
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`frequency basis. Therefore, Milbrandt does teach measuring noise per
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`“subchannel.” Pet., 42-43; Ex-1100, ¶44.
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`Petitioner’s Reply, IPR2016-01007
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`Further, the Petition relied on ANSI T1.413’s “signal-to-noise ratio (SNR)
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`margin test parameters” and also on “SNR, as measured” to show SNR per
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`subchannel information. Pet., 44. TQ Delta’s expert, Dr. Chrissan, conceded that
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`ANSI T1.413 measures “SNR for each tone” and that a “tone [is] the same as [a]
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`subchannel.” Ex-1110, 88:5-7, 125:23-126:12, 127:13-15. Therefore, ANSI
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`T1.413 also teaches measuring SNR per “subchannel.” Ex-1100, ¶¶45-46.
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`2. Milbrandt in combination with ANSI T1.413 teaches SNR “during
`Showtime”
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`TQ Delta also argues that “[t]he asserted references also fail to
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`teach...measuring SNR ‘during Showtime.’” Resp., 25. This argument also lacks
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`merit. Ex-1100, ¶47.
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`The Petition cited to Milbrandt at 12:58-63 in support of the position that
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`noise is measured “during Showtime.” Pet., 42; Ex-1011, 12:58-63. TQ Delta
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`ignores these cited portions and identifies other portions in Milbrandt in asserting
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`that Milbrandt does not teach “during Showtime.” Resp., 25-26. The Board
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`already rejected this argument in its Decision on Institution, noting that “Patent
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`Owner does not address this argument presented by Petitioner, but rather highlights
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`a different disclosure of Milbrandt unrelated to Petitioner’s argument, and,
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`therefore, Patent Owner’s argument is not persuasive.” Paper 8, 20. TQ Delta
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`presents no evidence to alter the Board’s earlier determination. See Resp., 25-26
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`(Section IV.C.2, only citing to Dr. Chrissan’s declaration, Ex-2001, ¶31, for the
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`construction of “Showtime.”) As Dr. Kiaei explains, “a POSITA would have
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`Petitioner’s Reply, IPR2016-01007
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`understood that Milbrandt measures noise information during and after
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`initialization; that is, also ‘during Showtime.’” Ex-1100, ¶47. Thus, Milbrandt
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`teaches measuring noise information “during Showtime.” Id.
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`TQ Delta also argues that “Petitioner alleges that ANSI T1.413 discloses
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`measuring ‘signal to noise ratio’ (but not necessarily during Showtime).” Resp.,
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`25-26. TQ Delta once again ignores the Petition. The Petition relied on ANSI
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`T1.413’s teaching of both “signal-to-noise ratio (SNR) margin test parameters” and
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`“SNR, as measured.” Pet., 44. First, the Petition explained that “ANSI T1.413
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`discloses making ‘signal-to-noise ratio (SNR) margin test parameters’ available ‘at
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`any other time following the execution of initialization and training sequence of
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`the ADSL system.’” Pet., 44; Ex-1014, 82. Since SNR margin test parameters
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`(which represent SNR per subchannel as discussed in the Petition and in Section
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`III.B.3, infra) are made available to the central office modem “at any other time
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`following the execution of initialization and training sequence of the ADSL
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`system,” ANSI T1.413 renders obvious “during Showtime.” Ex-1100, ¶49.
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`Second, the Petition also explained that “ANSI T1.413 [discloses that]
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`‘SNR, as measured by the receivers at... the ATU-R shall be externally accessible
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`from the ATU-C’” Pet., 44; Ex-1014, 82. That SNR is measured “during
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`Showtime” is made clear by ANSI T1.413, which describes unused “sub-carriers
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`where no data are currently to be transmitted, but the receiver may allocate bits
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`Petitioner’s Reply, IPR2016-01007
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`later (e.g., as a result of SNR improvement.)” Ex-1014, 108, 111. Dr. Kiaei
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`testified that a “POSITA would have understood that SNR per tone is being
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`measured ‘during Showtime,’ to identify SNR improvement and then allocate bits
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`to previously unused sub-carriers.” Ex-1100, ¶50; see also Ex-1014, 106 (“SNR
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`for each tone”); id., 109-110; Ex-1110, 125:23-126:12 (Dr. Chrissan conceding
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`that ANSI T1.413 measures “SNR for each tone.”)
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`As Dr. Kiaei further explains, “since ANSI T1.413 states that ‘SNR, as
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`measured by the receivers at...the ATU-R shall be externally accessible from the
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`ATU-C,’ a POSITA would have understood that this is an imperative requirement
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`of making the measured SNR per tone available to the ATU-C on demand during
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`Showtime. Modem initialization and training does not require making externally
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`accessible measured SNR at the central office modem.” Ex-1100, ¶51; Ex-1014,
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`82. Thus, ANSI T1.413’s measurement of SNR per tone is also “during
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`Showtime.” Ex-1100, ¶52.
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`3.
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`ANSI T1.413’s “SNR” discloses “Signal to Noise
`Ratio…information”
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`TQ Delta additionally argues that Cisco “fails to point to any reference that
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`discloses measuring ‘signal to noise ratio’ (‘SNR’).” Resp., 27. This is incorrect
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`since Dr. Chrissan conceded that ANSI T1.413 measures “SNR for each tone” and
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`that a “tone [is a] subchannel.” Ex-1110, 88:5-7, 125:23-127:15.
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`Petitioner’s Reply, IPR2016-01007
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`Further, TQ Delta’s argument is based on the incorrect premise that ANSI
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`T1.413 uses the terms “SNR margin” and “SNR” interchangeably. Resp., 27; Ex-
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`2001, ¶64; Ex-1100, ¶53. Again, Cisco relied on both “signal-to-noise ratio (SNR)
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`margin test parameters” and measured “SNR,” as taught by ANSI T1.413, to teach
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`“Signal to Noise Ratio…information.” Pet., 44. Dr. Kiaei explains that “although
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`‘SNR margin’ is representative of ‘SNR,’ these two terms are in fact distinct
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`concepts, and a POSITA would have understood that ANSI T1.413 at page 82,
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`which I relied upon in my first declaration, neither uses these terms
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`interchangeably nor does it abbreviate ‘SNR margin’ as simply ‘SNR.’” Ex-1100,
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`¶¶54-56. TQ Delta’s expert, Dr. Chrissan agreed. Ex-1110, 111:11-14 (“a
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`POSITA at the time understands that SNR and SNR margin are different
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`concepts.”), 112:2-4 (“Q. Would a POSITA use the terms SNR margin and SNR
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`interchangeably? A. No, a POSITA would not.”)
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`Therefore, since TQ Delta only argues about “SNR Margin” (discussed
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`further below), it is undisputed that ANSI T1.413’s measured “SNR,” as relied on
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`in the Petition, teaches “Signal to Noise Ratio…information.” Ex-1100, ¶57.
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`4.
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`ANSI T1.413’s “SNR margin test parameters” discloses “Signal to
`Noise Ratio…Information”
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`Further, TQ Delta’s argument that a POSITA “would not...say that an array
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`containing SNR margin values is an array representing SNR itself,” is wrong.
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`Resp., 27. As Dr. Kiaei explains, “in ANSI T1.413, SNR margin test parameters
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`are back off from the maximum SNR in each subchannel.” Ex-1100, ¶58. “SNR
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`Petitioner’s Reply, IPR2016-01007
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`margin is determined by measuring SNR per subchannel and subtracting from that
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`measured SNR an SNR required value that is function of the number of bits
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`allocated for that subchannel.” Id., ¶54. Accordingly, and “contrary to TQ Delta’s
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`assertion, an array of SNR margin test parameters would in fact represent SNR per
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`subchannel.” Id., ¶58. Thus, ANSI T1.413’s “SNR margin test parameters” also
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`discloses the “Signal to Noise Ratio…information.” Id.
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`5.
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`There are numerous and distinct reasons to combine the teachings
`of Milbrandt and ANSI T1.413 to measure and transmit SNR
`during Showtime
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`TQ Delta also argues that there is no valid rationale for why it would have
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`been obvious to combine Milbrandt and ANSI T1.413 to transmit an array
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`representing SNR information in Milbrandt’s multicarrier transceiver. Resp., 28.
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`According to TQ Delta, there is no reason to combine because, allegedly,
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`Milbrandt alone can already facilitate system testing, and improve signal quality
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`and reliability with the SNR calculated “at the central office modem.” Resp., 29-
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`30. This argument misses the point. Ex-1100, ¶59.
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`In the proposed combination, by measuring SNR at the subscriber’s modem
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`and then transmitting SNR to the central office modem, both modems can take
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`action. Indeed, the Petition explained that it would have been obvious “to have
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`Milbrandt’s subscriber modem to determine and transmit to the central office
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`modem its SNR on demand (as ANSI T1.413 teaches), because [1] it would
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`Petitioner’s Reply, IPR2016-01007
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`facilitate system testing, [2] improve signal quality [3] and reliability, and [4]
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`allow for Milbrandt’s system to comply with the ANSI T1.413 standard.” Pet., 16;
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`Ex-1100, ¶60.
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`By measuring SNR at the subscriber modem as ANSI T1.413 teaches, the
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`modem can perform bit swapping to allocate bits on sub-carriers based on SNR.
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`Pet., 43-44; Ex-1014, 108; Ex-1110, 117:12-119:5 (Dr. Chrissan conceding this
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`point). As Dr. Kiaei explains, “a POSITA would have understood that by
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`allocating more bits on sub-carriers when SNR improves, throughput is maximized
`
`and the perceived signal quality improves and by allocating less bits on sub-
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`carriers when SNR degrades, reliability is maximized since potential error rates are
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`reduced.” Ex-1100, ¶61; see also Ex-1014, 87 (“maximize the throughput and
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`reliability of this link, ADSL transceivers shall determine certain relevant
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`attributes.”); Ex-1110, 114:5-20 (Dr. Chrissan conceding this point). Therefore,
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`measuring SNR at the subscriber modem, as ANSI T1.413 teaches, provides
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`distinct benefits which cannot be obtained by Milbrandt alone. Ex-1100, ¶¶62-64.
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`Further