throbber
UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`ARRIS GROUP, INC.
`Petitioner
`
`v.
`
`TQ DELTA, LLC
`Patent Owner
`
`
`
`Case:
`
`
`
`PETITION FOR INTER PARTES REVIEW OF
`U.S. PATENT NO. 8,611,404
`
`
`
`
`
`Mail Stop PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`PO Box 1450
`Alexandria, Virginia 22313–1450
`Submitted Electronically via the Patent Review Processing System
`
`

`
`
`
`TABLE OF CONTENTS
`
`
`
`I.
`
`INTRODUCTION ............................................................................................. 1
`
`II. MANDATORY NOTICES – 37 C.F.R. § 42.8 ................................................. 2
`
`A. Real Party-In-Interest Under 37 C.F.R. § 42.8(b)(1) ..................................... 2
`
`B. Related Matters Under 37 C.F.R. § 42.8(b)(2) .............................................. 2
`
`C. Lead and Back-Up Counsel Under 37 C.F.R. § 42.8(b)(3) ........................... 3
`
`D. Service Information Under 37 C.F.R. § 42.8(b)(4) ....................................... 3
`
`III.
`
`IV.
`
`PAYMENT OF FEES – 37 C.F.R. § 42.103 ................................................. 3
`
`REQUIREMENTS FOR IPR – 37 C.F.R. § 42.104 ...................................... 3
`
`A. Grounds for Standing Under 37 C.F.R. § 42.104(a) ...................................... 3
`
`Identification of Challenge Under 37 C.F.R. § 42.104(b) and Relief
`B.
`Requested ............................................................................................................... 4
`
`1. Overview of Publications Relied Upon ..................................................... 4
`
`a. U.S. Patent 5,956,323 (Bowie) ............................................................... 4
`
`b. US Patent 6,246,725 (Vanzieleghem) ..................................................... 8
`
`c. T1E1.4 Contributions ............................................................................14
`
`d. Contribution T1E1.4/97-161R1 Warm Restart for ADSL ...................18
`
`e. Contribution T1E1.4/97-319 Power Down in Multi-Carrier
`Transmission ................................................................................................19
`
`f. ANSI for Telecommunications, Network and Customer Installation
`Interfaces – Asymmetric Digital Subscriber Line (ADSL) Metallic
`Interface (ANSI T1.413-1995) ....................................................................21
`
`2. Grounds for Invalidity Challenge ............................................................22
`
`C. Claim Construction Under 37 C.F.R. §§ 42.100(b), 42.104(b)(3) ..............22
`
`D. Supporting Evidence under 37 C.F.R. § 42.104(b)(5) .................................25
`
`V. SUMMARY AND TECHNICAL BACKGROUND of the ‘404 Patent ........25
`
`A. The Alleged Invention of the ‘404 Patent ....................................................25
`
`VI.
`
`Level of Ordinary Skill in the Art ................................................................26
`
`VII. DETAILED EXPLANATION UNDER 37 C.F.R. § 42.104(b) .................27
`
`
`
`

`
`A. U.S. Patent 5,956,323 (Bowie) and U.S. Patent 6,246,725 (Vanzieleghem)
`were Obvious to Combine in View of the 1995 ADSL Standard .......................27
`
`B. T1E1.4/97-161R1 and T1E1.4/97-319 were Obvious to Combine in View
`of the 1995 ADSL Standard .................................................................................28
`
`C. Claim Limitation Map of ‘404 for Efficient Referencing ...........................30
`
`D. Ground 1: Claims 1-20 of U.S. Patent 8,611,404 are obvious under 35
`U.S.C. § 103(a) by the combination of U.S. Patent 5,956,323 (Bowie) and U.S.
`Patent 6,246,725 (Vanzieleghem) in View of the 1995 ADSL Standard ............33
`
`1. Preamble [A] from Claims 1 and 6 ..........................................................33
`
`a.
`
`[Preamble A] An apparatus comprising a transceiver operable to: ......33
`
`2. Preamble [B] from Claims 11 and 16 ......................................................34
`
`a.
`
`[Preamble B] A method of multicarrier communications comprising: 34
`
`3. Limitation [C] from Claims 1 and 11 ......................................................34
`
`[C] transmit[ting, by a transceiver], in a full power mode, a plurality of
`a.
`superframes ..................................................................................................34
`
`4. Limitation [D] from Claims 6 and 16 ......................................................35
`
`a.
`
`
`[D] receive[receiving], in a full power mode, a plurality of superframes
`35
`
`5. Limitation [E] from Claims 1, 6, 11, and 16 ...........................................36
`
`[E] wherein the superframe comprises a plurality of data frames
`a.
`followed by a synchronization frame; .........................................................36
`
`6. Limitation [F] from Claims 1 and 11 .......................................................37
`
`a.
`
`[F] transmit[ting], in the full power mode, a synchronization signal; ..37
`
`7. Limitation [G] from Claims 6 and 16 ......................................................37
`
`[G] receive[receiving], in the full power mode, a synchronization
`a.
`signal; ...........................................................................................................37
`
`8. Limitation [H] from claims 1 and 11 .......................................................38
`
`a.
`
`[H] receive a message to enter into a low power mode; .......................38
`
`9. Limitation [I] from Claims 6 and 16 ........................................................38
`
`a.
`
`[I] transmit a message to enter into a low power mode; .......................38
`
`10.
`
`Limitation [J] from Claims 1 and 11.....................................................39
`
`[J] enter into the low power mode by reducing the power consumption
`a.
`of at least one portion of a transmitter; ........................................................39
`
`
`
`

`
`11.
`
`Limitation [K] from Claims 1, 6, 11, and 16 ........................................39
`
`[K] store, in the low power mode, at least one parameter associated
`a.
`with the full power modem operation ..........................................................39
`
`12.
`
`Limitation [L] from Claims 1, 6, 11, and 16 .........................................40
`
`[L] wherein the at least one parameter comprises at least one of a fine
`a.
`gain parameter and a bit allocation parameter; ............................................40
`
`13.
`
`Limitation [M] from Claims 1 and 11...................................................41
`
`a.
`
`[M] transmit, in the low power mode, a synchronization signal; .........41
`
`14.
`
`Limitation [N] from Claims 6 and 16 ...................................................41
`
`a.
`
`[N] receive, in the low power mode, a synchronization signal; ...........41
`
`15.
`
`Limitation [O] from Claims 1, 6, 11, and 16 ........................................42
`
`[O] exit from the low power and restore the full power mode by using
`a.
`the at least one parameter and without needing to reinitialize the
`transceiver. ...................................................................................................42
`
`16.
`
`Limitation [P] from Claims 2, 7, 12, and 17 .........................................42
`
`a. The apparatus[method] of claim 1[6, 11, 16], further operable to
`transmit at least one test signal prior to restoring the full power mode. .....42
`
`17.
`
`Limitation [Q] from Claims 3, 8, 13, and 18 ........................................43
`
`[Q] The apparatus of claim 1[6, 11, 16], further operable to continue to
`a.
`maintain a synchronized frame count with a second transceiver during the
`low power mode. ..........................................................................................43
`
`18.
`
`Limitation [R] from claims 4, 9, 14 and 19 ..........................................44
`
`[R] The apparatus[method] of claim 1[6, 11, 16], wherein the apparatus
`a.
`is[method is performed by] a CO device that is [capable of] transmitting
`[receiving] internet and video data. .............................................................44
`
`19.
`
`Limitation [S] from claim 5, 10, 15, and 20 .........................................45
`
`[S] The apparatus[method] of claim 1 [6, 11, 16], wherein the
`a.
`apparatus is[method is performed by] a customer premises equipment that
`is capable of transmitting [receiving] internet and video data. ....................45
`
`E. Ground 2: Claims 1-20 of U.S. Patent 8,611,404 are Obvious under 35
`U.S.C. § 103(a) by the Combination of T1E1.4/97-161R1 and T1E1.4/97-319 in
`View of the 1995 ADSL standard ........................................................................46
`
`1. Preamble [A] from Claims 1 and 6 ..........................................................47
`
`a.
`
`[Preamble A] An apparatus comprising a transceiver operable to: ......47
`
`
`
`

`
`2. Preamble [B] from Claims 11 and 16 ......................................................47
`
`a.
`
`[Preamble B] A method of multicarrier communications comprising: 47
`
`3. Limitation [C] from Claims 1 and 11 ......................................................48
`
`[C] transmit[ting, by a transceiver], in a full power mode, a plurality of
`a.
`superframes ..................................................................................................48
`
`4. Limitation [D] from Claims 6 and 16 ......................................................48
`
`a.
`
`
`[D] receive[receiving], in a full power mode, a plurality of superframes
`48
`
`5. Limitation [E] from Claims 1, 6, 11, and 16 ...........................................49
`
`[E] wherein the superframe comprises a plurality of data frames
`a.
`following by a synchronization frame; ........................................................49
`
`6. Limitation [F] from Claims 1 and 11 .......................................................50
`
`a.
`
`[F] transmit[ting], in the full power mode, a synchronization signal; ..50
`
`7. Limitation [G] from Claims 6 and 16 ......................................................50
`
`[G] receive[receiving], in the full power mode, a synchronization
`a.
`signal; ...........................................................................................................50
`
`8. Limitation [H] from claims 1 and 11 .......................................................51
`
`a.
`
`[H] receive a message to enter into a low power mode; .......................51
`
`9. Limitation [I] from Claims 6 and 16 ........................................................51
`
`a.
`
`[I] transmit a message to enter into a low power mode; .......................51
`
`10.
`
`Limitation [J] from Claims 1 and 11.....................................................51
`
`[J] enter into the low power mode by reducing the power consumption
`a.
`of at least one portion of a transmitter; ........................................................51
`
`11.
`
`Limitation [K] from Claims 1, 6, 11, and 16 ........................................52
`
`[K] store, in the low power mode, at least one parameter associated
`a.
`with the full power modem operation ..........................................................52
`
`12.
`
`Limitation [L] from Claims 1, 6, 11, and 16 .........................................53
`
`[L] wherein the at least one parameter comprises at least one of a fine
`a.
`gain parameter and a bit allocation parameter; ............................................53
`
`13.
`
`Limitation [M] from Claims 1 and 11...................................................53
`
`a.
`
`[M] transmit, in the low power mode, a synchronization signal; .........53
`
`14.
`
`Limitation [N] from Claims 6 and 16 ...................................................54
`
`
`
`

`
`a.
`
`[N] receive, in the low power mode, a synchronization signal; ...........54
`
`15.
`
`Limitation [O] from Claims 1, 6, 11, and 16 ........................................54
`
`[O] exit from the low power and restore the full power mode by using
`a.
`the at least one parameter and without needing to reinitialize the
`transceiver. ...................................................................................................54
`
`16. Claim [P] from Claims 2, 7, 12, and 17 ................................................55
`
`a. The apparatus[method] of claim 1[6, 11, 16], further operable to
`transmit at least one test signal prior to restoring the full power mode. .....55
`
`17.
`
`Limitation[Q] from Claims 3, 8, 13, and 18 .........................................56
`
`[Q] The apparatus of claim 1[6, 11, 16], further operable to continue to
`a.
`maintain a synchronized frame count with a second transceiver during the
`low power mode. ..........................................................................................56
`
`18.
`
`Limitation [R] from claims 4, 9, 14 and 19 ..........................................56
`
`[R] The apparatus of claim 1[6, 11, 16], wherein the apparatus is a CO
`a.
`device that is capable of transmitting [receiving] internet and video data. .56
`
`19.
`
`Limitation [S] from claim 5, 10, 15, and 20 .........................................57
`
`[S] The apparatus of claim 1 [6, 11, 16], wherein the apparatus is a
`a.
`customer premises equipment that is capable of transmitting [receiving]
`internet and video data. ................................................................................57
`
`VIII. Conclusion ...................................................................................................58
`
`IX.
`
`Certificate of word count .............................................................................59
`
`
`
`

`
`
`
`PETITIONER’S EXHIBIT LIST
`
`
`Brief Description
`
`Ex.
`No.
`1001 U.S. Patent No. 8,612,404 to Greszczuk, et. al. (“’404 Patent”)
`1002 U.S. Provisional S/N: 60/072,447, “A Multicarrier Transmission
`System with a Low Power Sleep Mode and with Instant-On
`Capability,” filed Jan. 26, 1998.
`1003 Declaration of Lance McNally.
`1004 Curriculum Vitae of Lance McNally.
`1005 U.S. Patent No. 5,956,323 to Bowie. (“Bowie”)
`1006 U.S. Patent No. 6,246,725 to Vanzieleghem et al. (“Vanzieleghem”)
`1007 T1E1.4/97-161R1, “Warm Re-Start for ADSL”, Werner Henkel, Peter
`S. Chow, September 22-26, 1997 T1E1.4 Working Group Meeting.
`(“97-161R1”)
`1008 T1E1.4/97-319, “Power Down in Multicarrier Transmission”, Thierry
`Pollet, Peter Reusens, September 22-26, 1997 T1E1.4 Working Group
`Meeting. (“97-319”)
`1009 ANSI T1.413-1995 – Network and Customer Installation Interfaces –
`Asymmetric Digital Subscriber Line (ADSL) Metallic Interface (Aug.
`18, 1995). (“1995 ADSL Standard”)
`1010 Accredited Standards Committee T1 – Telecommunications,
`Procedures Manual, Tenth Issue, Year End 1995.
`1011 T1E1.4/97-362 Meeting Report of September 22-25 WG meeting in
`Minneapolis, MN - Uploaded to T1 FTP Server on Nov. 12, 1997.
`1012 T1E1.4/97-463 Meeting Report, including Meeting Attendance Log
`from September 1997 Meeting.
`1013 Harry Newton, Newton’s Telecom Dictionary (8th ed. 1994).
`1014 Alliance for Telecommunications Industry Solutions (ATIS) (Susan M.
`Miller) response to: In the Matter of Implementation of Section 273 of
`the Communications Act of 1934 as amended by the
`Telecommunications Act of 1996, CC Docket No. 96-254, Feb. 24,
`1997.
`1015 Aware, Inc., Annual Report (Form 10-K) (January 27, 1998).
`1016
`Internet Archive Capture of T1E1.4 Uploaded 1997 Contributions, Jan.
`30, 1998
`(http://web.archive.org/web/19980130071451/http:/t1.org/index/0312.
`htm).
`
`i
`
`

`
`
`
`Ex.
`No.
`1017 U.S. Provisional Application No. 60/052,140 (July 10, 1997).
`1018 Procedures for the Development and Coordination of American
`National Standards, American National Standards Institute, March
`1997.
`
`Brief Description
`
`
`
`ii
`
`

`
`
`
`
`
`I.
`
`INTRODUCTION
`
`ARRIS GROUP, Inc. petitions for Inter Partes Review (“IPR”) under 35
`
`U.S.C. §§ 311-319 and 37 C.F.R., Part 42 of claims 1-20 of U.S. Patent No.
`
`8,611,404 (“the ‘404 Patent”, Ex. 1001) and shows herein that there is a reasonable
`
`likelihood that it will prevail by proving those claims are invalid.
`
`The systems and methods for “establishing a power management sleep state
`
`in a multicarrier system,” Ex. 1001 at 1:31-33, based on various communication
`
`characteristics recited in the claims of the ‘404 Patent were well known to those
`
`having ordinary skill in the art by the ‘404 Patent applicant’s claimed January 26,
`
`1998 priority date. The claimed features relating to establishing a low power mode
`
`with a rapid-on capability in a multicarrier system have been combined in only
`
`predictable manners according to their known functionalities as would have been
`
`understood by a person of ordinary skill in the art. Ex. 1003 at ¶ 44, ¶ 147; See
`
`KSR Int’l Co. v. Teleflex Inc., 550 U.S. 395, 417 (2007) (“[A] court must ask
`
`whether the improvement is more than the predictable use of prior art elements
`
`according to their established functions.”).
`
`Simply put, all challenged claims are invalid under § 103(a) as being
`
`obvious over U.S. Patent 5,956,323 (“Bowie”, Ex. 1005) in combination with U.S.
`
`Patent 6,246,725 (“Vanzieleghem”, Ex. 1006) in view of the ANSI T1.413 1995
`
`1
`
`

`
`
`
`ADSL Standard (“1995 ADSL Standard”, Ex. 1009). Additionally, all challenged
`
`claims are invalid under § 103(a) as being obvious over T1E1.4 submissions to the
`
`T1E1.4 September 1997 meeting, T1E1.4/97-161R1 (“97-161”, Ex. 1007) and
`
`T1E1.4/97-319 (“97-319”, Ex. 1008), in view of the 1995 ADSL Standard (Ex.
`
`1009). Thus, there was nothing inventive about the subject matter of the claims of
`
`the ‘404 Patent, and claims 1-20 should be cancelled.
`
`II. MANDATORY NOTICES – 37 C.F.R. § 42.8
`
`A. Real Party-In-Interest Under 37 C.F.R. § 42.8(b)(1)
`
`ARRIS GROUP, Inc. is the real party-in-interest for the instant petition.
`
`B. Related Matters Under 37 C.F.R. § 42.8(b)(2)
`
`The ‘404 Patent is asserted in the following related Digital Subscriber Line
`
`(DSL) case: TQ Delta LLC v. ADTRAN Inc., No. 1:14-cv-00954 (District of
`
`Delaware). (The “DSL case”.)
`
`The ‘404 Patent is also asserted against Multimedia over Coax Alliance
`
`(MoCA) technology in the following cases: TQ Delta LLC v. Comcast
`
`Corporation, et al., No. 1:15-cv-00611 (District of Delaware); TQ Delta LLC v.
`
`CoxCom LLC et al., No. 1:15-cv-00612 (District of Delaware); TQ Delta LLC v.
`
`DirecTV et al., No. 1:15-cv-00613 (District of Delaware); TQ Delta LLC v. DISH
`
`Network Corporation et al., No. 1:15-cv-00614 (District of Delaware); TQ Delta
`
`LLC v. Time Warner Cable Inc., et al., No. 1:15-cv-00615; and TQ Delta LLC v
`
`Verizon Services Corp., No. 1:15-cv-00616 (District of Delaware). (Collectively,
`
`2
`
`

`
`
`
`the “MoCA cases”.) Comcast and several of the above service operators in the
`
`MoCA cases purchase communications equipment from ARRIS Group, Inc.
`
`C. Lead and Back-Up Counsel Under 37 C.F.R. § 42.8(b)(3)
`
`Lead Counsel
`
`Back-Up Counsel
`
`Charles Griggers (Reg. No. 47,283)
`
`Bob Starr (Reg. No. 53,634)
`
`charles.griggers@thomashorstemeyer.com
`
`Bob.Starr@arris.com
`
`Thomas | Horstemeyer, LLP
`400 Interstate North Parkway SE, Suite 1500
`Atlanta, GA 30039
`
`T: (770) 933-9500
`F: (770) 951-0933
`
`ARRIS Group, Inc.
`3871 Lakefield Dr.
`Suwanee, GA 30024
`
`T: (678) 473-8416
`F: (678) 473-8095
`
`D.
`
`Service Information Under 37 C.F.R. § 42.8(b)(4)
`
`Service via hand-delivery may be made at the postal mailing address of
`
`either lead or back-up counsel. Petitioner consents to service by e-mail.
`
`III. PAYMENT OF FEES – 37 C.F.R. § 42.103
`
`The required fee is being paid using the Patent Review Processing System.
`
`IV. REQUIREMENTS FOR IPR – 37 C.F.R. § 42.104
`
`A. Grounds for Standing Under 37 C.F.R. § 42.104(a)
`
`Petitioner certifies that the ‘404 Patent is available for IPR. Petitioner does
`
`not own the ‘404 Patent. Neither Petitioner nor any real party-in-interest filed a
`
`civil action challenging the validity of a claim in the ‘404 Patent. This Petition has
`
`been filed less than one year after the date on which Petitioner, a real party-in-
`
`3
`
`

`
`
`
`interest, or a privy of the Petitioner was served with a complaint alleging
`
`infringement of the ‘404 Patent. Neither Petitioner, any real parties-in-interest, nor
`
`any privies of Petitioner are estopped from challenging the claims on the grounds
`
`identified in this Petition.
`
`B.
`
`Identification of Challenge Under 37 C.F.R. § 42.104(b) and Relief
`Requested
`
`Petitioner requests cancellation of claims 1-20 of the ‘404 Patent in view of
`
`the following prior art references: (1) U.S. Patent 5,956,323, (2) U.S. Patent
`
`6,246,725, (3) T1E1.4/97-161R1, (4) T1E1.4/97-319 as well as (5) ANSI T1.413-
`
`1995 – Network and Customer Installation Interfaces – Asymmetric Digital
`
`Subscriber Line (ADSL) Metallic Interface. See generally Ex. 1005 Bowie, Ex.
`
`1006 Vanzieleghem, Ex. 1007 97-161R1, Ex. 1008 97-319, and Ex. 1009 1995
`
`ADSL Standard.
`
`1. Overview of Publications Relied Upon
`
`a.
`
`U.S. Patent 5,956,323 (Bowie)
`
`Bowie (Ex. 1005) is a U.S. patent that was filed on July 30, 1997 and thus
`
`qualifies as prior art under 35 U.S.C. § 102(a)(1). Bowie was not considered during
`
`prosecution of the ‘404 Patent.
`
`Bowie claims methods and apparatus enabling terminal units to conserve
`
`power. Ex. 1005 at Abstract. Bowie discloses that it is applicable to ADSL
`
`circuitry. Ex. 1005 at 2:40-43. The low power mode disclosed and claimed by
`
`4
`
`

`
`
`
`Bowie includes signaling between end points to control transitions into and out of
`
`low power mode, as well as storing loop characteristics determined during
`
`initialization for a rapid recovery upon a return to normal operation. Ex. 1005 at
`
`claims 5, 7, and 16. Bowie also discloses the possibility of additional handshaking
`
`before passing user data. Ex. 1005 at 5:66-67, 6:1 and 6:35-40.
`
`A comparison of relevant stages of the Bowie flow chart with the later ‘404
`
`Patent flow chart follows to demonstrate the large degree of overlap between
`
`Bowie and the ‘404 Patent. While Bowie chose to begin with the unit being woken
`
`from sleep state and the ‘404 Patent begins with the unit starting the shut-down
`
`process, the steps reflect the same sequence of actions.
`
`5
`
`

`
`
`
`*Figure 3 from Bowie with numbering of steps from 1 to 10 added in this
`
`petition for comparison to Figure 2 from the ‘404 patent.
`
`
`
`6
`
`

`
`
`
`*Figure 2 from the ‘404 Patent with numbering of steps from 1 to 11 added
`
`in this petition for comparison with Figure 3 from Bowie.
`
`
`
`7
`
`

`
`
`
`b.
`
`US Patent 6,246,725 (Vanzieleghem)
`
`Vanzieleghem (Ex. 1006) is a U.S. Patent that was filed on June 1, 1998,
`
`claiming priority to Provisional Application No. 60/052,140 (Ex. 1017), filed July
`
`10, 1997. Vanzieleghem is entitled to the priority date of its provisional application
`
`if it can satisfy the requirements of § 119(e)(1) (2006).
`
`In other words, the specification of the provisional must ‘contain a written
`description of the invention and the manner and process of making and using
`it, in such full, clear, concise, and exact terms,’ 35 U.S.C. § 112 ¶ 1, to
`enable an ordinarily skilled artisan to practice the invention claimed in the
`non-provisional application.
`
`IPR2014-01093, 10 (quoting Dynamic Drinkware, 800 F.3d at 1378, quoting New
`
`Railhead Mfg., L.L.C. v. Vermeer Mfg. Co., 298 F.3d 1290, 1294 (Fed. Cir. 2002)).
`
` The provisional application text was used as the specification text of the
`
`Vanzieleghem patent as filed. Compare Ex. 1006, 1:12-8:39 with Ex. 1017, 6-22.
`
`The provisional application’s figures are also substantially the same as the patent’s
`
`figures, aside from more complete labeling added to the patent filing figures.
`
`Compare Ex. 1006, Figures 1-3 with Ex. 1017, 23-25. The claim chart below
`
`demonstrates that the claims of Vanzieleghem are substantiated by its provisional.
`
`Claims of Vanzieleghem
`
`Relevant Text of Provisional 60/052,140
`
`1. A telecommunication transmitter for a
`multi-carrier transmission system, said
`transmitter including coding means
`(MMC) coupled between a transmitter
`input (IN) and a transmitter output
`(OUT) and able to modulate a plurality
`
`“According to the invention, this object
`is achieved due to the fact that
`said telecommunication transmitter
`further includes carrier selection means
`adapted to apply said carriers to said
`coding means, and data traffic detection
`
`8
`
`

`
`
`
`of carriers (C1-Cn) with data received at
`said transmitter input and to derive
`therefrom symbols which are
`transmitted towards said transmitter
`output, characterized in that said
`telecommunication transmitter (TU)
`further includes carrier selection means
`(CS) adapted to apply said carriers (C1-
`Cn) to said coding means (MMC), and
`data traffic detection means (DDC)
`adapted to detect if idle data are
`received at said transmitter input (IN)
`and, if idle data are detected, to control
`(CX) said carrier selection means to
`apply a predetermined reduced set (Cp)
`of said carriers to said coding means.
`2. A telecommunication transmitter
`according to claim 1, characterized in
`that said predetermined reduced set of
`carriers comprises only one carrier (Cp)
`that is applied to said coding means
`(MMC).
`3. A telecommunication transmitter
`according to claim 2, characterized in
`that said one carrier (Cp) is a pilot
`symbol.
`
`4. A telecommunication transmitter
`according to claim 2, characterized in
`that, if idle data are detected, said one
`carrier (Cp) applied to said relatively
`high efficiency line amplifier (LH) is a
`sinusoidal Wave.
`5. A telecommunication transmitter
`according to claim 1, characterized in
`that said telecommunication transmitter
`(TU) further includes data selection
`means (DS) adapted to apply said data
`to said coding means (MMC), and in
`that said data traffic detection means
`
`means adapted to detect if idle data are
`received at said transmitter input and, if
`idle data are detected, to control said
`carrier selection means to apply a
`predetermined reduced set of said
`carriers to said coding means.” 1,28-
`2,2.
`
`Note: The abbreviations used in claim 1
`
`are found in Figure 1 and in the text
`
`explaining Figure 1,
`
`p. 6-8.
`
`“Another characteristic feature of the
`present invention is that said
`predetermined reduced set of carriers
`comprises only one carrier that is
`applied to said coding means.”
`p. 2, 13-15.
`“For frequency synchronization
`purposes, the only one remaining
`symbol transmitted on the line can be
`chosen to be derived from a so-called
`’pilot tone‘.” p. 2, 16-18.
`“In a preferred embodiment, if idle data
`are detected, said one carrier applied to
`said relatively high efficiency line
`amplifier is a sinusoidal wave.”
`p. 5, 16-17.
`
`“In a preferred embodiment, the present
`invention is further characterized in that
`said telecommunication transmitter
`further includes data selection means
`adapted to apply said data to said coding
`means, and in that said data traffic
`detection means is further adapted, if
`
`9
`
`

`
`
`
`(DDC) is further adapted, if idle data are
`detected, to control (DX) said data
`selection means to discard the idle data
`received at said transmitter input (IN).
`6. A telecommunication transmitter
`according to claim 5, characterized in
`that said coding means (MMC) is
`adapted to count the number of symbols
`transmitted towards said transmitter
`output (OUT) and to transmit at least
`one synchronization symbol (SS) after
`each group of N(68) symbols, said
`synchronization symbol being derived
`from a frame of synchronization signals
`(SYNC) received at said data selection
`means (DS), and in that said N symbols
`and said one synchronization symbol
`form together a super frame (SF).
`7. A telecommunication transmitter
`according to claim 6, characterized in
`that said coding means (MMC) is
`adapted to transmit at least one line
`monitoring super-frame (MSF)
`after each group of M (256) super-
`frames (SF), said line monitoring super-
`frame including N (68) symbols and at
`least one synchronization symbol (SS),
`in that said M super-frames and said line
`monitoring super-frame form together a
`hyper-frame (HF),and in that said data
`traffic detection means (DDC) is
`adapted to control (CX) said carrier
`selection means (CS) to apply all the
`carriers (Cl-Cn) of said plurality to said
`coding means during the transmission of
`said line monitoring super-frame.
`8. A telecommunication transmitter
`according to claim 5, characterized in
`that said data traffic detection means
`(DDC) is adapted to control (DX) said
`
`idle data are detected, to control said
`data selection means to discard the idle
`data received at said transmitter input.”
`p. 2, 22-27.
`“Also another characteristic feature of
`the present invention is that said coding
`means is adapted to count the number of
`symbols transmitted towards said
`transmitter output and to transmit at
`least one synchronization symbol after
`each group of N symbols, said
`synchronization symbol being derived
`from a frame of synchronization signals
`received at said data selection means,
`and that said N symbols and said one
`synchronization symbol form together a
`super-frame.”
`p. 3, 21-28.
`also
`further
`is
`“The
`invention
`characterized in that said coding means
`is adapted to transmit at least one line
`monitoring super-frame after each group
`of M super-frames, said line monitoring
`super-frame including N symbols and at
`least one synchronization symbol, in
`that said M super-frames and said line
`monitoring super-frame form together a
`hyper-frame, and in that said data traffic
`detection means is adopted to control
`said carrier selection means to apply all
`the carriers of said plurality to said
`coding means during the transmission of
`said line monitoring super-frame.”
`p. 4, 3-10.
`
`“In a preferred embodiment, the present
`invention is further characterized in that
`said telecommunication transmitter
`further includes data selection means
`
`10
`
`

`
`
`
`data selection means (DS) to discard
`idle data received at said transmitter
`input (IN) after idle data has been
`detected for a predetermined period of
`time.
`
`9. A telecommunication transmitter
`according to claim 1, characterized in
`that said transmitter operates according
`to a predetermined mapping and
`modulating protocol defined by
`a digital subscriber line (DSL) standard
`such as the Asymmetrical Digital
`Subscriber Line (ADSL) standard, and
`in that said symbols derived from said
`data are Discrete Multi-Tone (DMT)
`symbols.
`10. A telecommunication transmitter
`according to claim 1, characterized in
`that said data received at said transmitter
`input (IN) are Asynchronous Transfer
`Mode (ATM) cells.
`11. A telecommunication transmitter
`according to claim 1, characterized in
`that said telecommunication transmitter
`(TU) further includes line driver means
`(LDC) coupled between said coding
`means (MMC) and said transmitter
`output (OUT) and adapted to amplify
`the symbols generated by said coding
`means prior to transmitting them to said
`transmitter output, said line driver
`means (LDC) comprising the parallel
`connection of a relatively low efficiency
`line amplifier (LL) and a relatively high
`efficiency line amplifier (LH), in that
`said amplifiers operate in a
`complementary way so that only one of
`said amplifiers is operational at a
`
`adapted to apply said data to said coding
`means, and in that said data traffic
`detection means is further adapted, if
`idle data are detected, to control said
`data selection means to discard the idle
`data received at said transmitter input.”
`p. 2, 22-27.
`“Preferably, said telecommunication
`transmitter operates according to a
`predetermined mapping and modulating
`protocol defined by a digital subscriber
`line [DSL] standard such as the
`Asymmetrical Digital Subscriber Line
`[ADSL] standard, and said symbols
`derived from said data are Discrete
`Multi-Tone [DMT] symbols.”
`p. 3, 6-10.
`
`“In a preferred application, said data
`received at said transmitter input are
`Asynchronous Transfer Mode [ATM]
`cells.”
`p. 4, 21-22.
`“[T]he characteristic feature that said
`telecommunication transmitter further
`includes line driver means coupled
`between said coding means and said
`transmitter output and adapted to
`amplify the symbols generated by said
`coding means prior to transmit them to
`said transmitter output, said line driver
`means comprising the parallel
`connection of a relatively low efficiency
`line amplifier and a relatively high
`efficiency line amplifier, that said
`amplifiers operate in a complementary
`way so that only one of said amplifiers
`is operational at a predeter

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