`
`EXPERT DECLARATION OF DOUGLAS A. CHRISSAN, Ph.D.
`
`Case No. IPR2016-01760
`Patent No. 9,094,268
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`TQ Delta Exhibit 2005
`
`Cisco Systems, Inc. v. TQ Delta, LLC
`
`IPR2016-01760
`
`
`
`Declaration of Douglas A. Chrissan, Ph.D.
`IPR2016-01760
`
`I.
`
`INTRODUCTION & SUMMARY OF OPINIONS
`
` My name is Douglas A. Chrissan. I have been engaged by TQ Delta,
`1.
`
`LLC in connection with IPR number 2016-01760 which relates to U.S. Pat. No.
`
`9,094,268 (“the ’268 patent”). In this declaration I provide my opinion that the
`
`challenged claims of the ’268 patent would not have been obvious in view of the
`
`references and grounds asserted by the Petitioner Cisco Systems, Inc. (“Cisco” or
`
`“Petitioner”).
`
`II.
`
`PROFESSIONAL QUALIFICATIONS
`
`A. Background and Experience
`
`
`2.
`
`I am presently a technical consultant in the areas of communications
`
`systems, multimedia systems, computer systems, and digital signal processing.
`
`
`3.
`
`I earned a B.S. and M.S. in Electrical Engineering from the University
`
`of Southern California in 1988 and 1990, respectively, and a Ph.D. in Electrical
`
`Engineering from Stanford University in 1998.
`
`
`4.
`
`
`5.
`
`A copy of my current CV is attached as Ex. 2006.
`
`I was a Masters Fellow and Member of the Technical Staff at Hughes
`
`Aircraft Company in El Segundo, California, from 1988–1993. While at Hughes
`
`Aircraft, I designed and developed communication systems for commercial and
`
`military spacecraft, including for the MILSTAR satellite program.
`
`
`
`
`
`
`
`Declaration of Douglas A. Chrissan, Ph.D.
`IPR2016-01760
`
`
`
`6.
`
`Between 1992 and 1993, while at Hughes Aircraft Company, I
`
`designed and built a
`
`state-of-the-art, 800 megabit-per-second
`
`(Mbps)
`
`telecommunications modem for the NASA Lewis Research Center.
`
`
`7.
`
`From 1997–2003, I worked at 8x8, Inc., starting as a DSP software
`
`engineer in 1997, becoming a manager in 1998, a director in 1999, and Vice
`
`President of Engineering in 2000 (managing a team of approximately 60 engineers
`
`in the company’s microelectronics group). I played a key role in developing
`
`several
`
`semiconductor products used worldwide
`
`in multimedia
`
`and
`
`communications devices, mainly for video conferencing systems and Internet
`
`Protocol (“IP”) telephones. Some of these semiconductor products were in
`
`production more than ten years.
`
`
`8.
`
`From 2003–2007, I was a Systems Architect and Engineering
`
`Program Manager at Texas Instruments in the Digital Subscriber Line (“DSL”)
`
`product business unit. At Texas Instruments, I was directly involved in the
`
`architecture, design, development and production of multicarrier DSL modem
`
`products. My work specifically included architecting a multicarrier DSL
`
`semiconductor and software product and managing all aspects of its development
`
`from inception to production.
`
`
`
`3
`
`
`
`Declaration of Douglas A. Chrissan, Ph.D.
`IPR2016-01760
`
`
` My Ph.D. dissertation and related publications are in the fields of
`9.
`
`statistical signal processing and communication systems, and more specifically in
`
`the area of impulsive noise modeling for communication systems.
`
`
`10.
`
`In 1995 I was the instructor for the graduate Statistical Signal
`
`Processing class (EE278) in the Electrical Engineering department at Stanford
`
`University. Prior to teaching this class, I was a teaching assistant for ten different
`
`classes in signal processing and radio frequency electronics at Stanford.
`
`
`11.
`
`I have developed, and managed the development of, several
`
`successful semiconductor, software and systems products in the communications
`
`and multimedia fields. These products are listed in the attached curriculum vitae.
`
`B. Compensation
`
`
`12.
`
`I am being compensated for my time in this case at the rate of $250
`
`per hour (plus expenses) for analysis, depositions, and, if necessary, trial
`
`testimony. My compensation for this matter is not determined by or contingent on
`
`the outcome of this case.
`
`C. Materials Relied Upon
`
`
`13.
`
`In the course of preparing this expert declaration, I have considered
`
`the ’268 Patent, its file history, the Petition and its exhibits (including the
`
`Declaration of Dr. Kiaei), the Patent Owner’s Preliminary Response, the Board’s
`
`
`
`4
`
`
`
`Declaration of Douglas A. Chrissan, Ph.D.
`IPR2016-01760
`
`Institution Decision, the transcript of the deposition of Dr. Kiaei, as well as any
`
`additional documents I cite or refer to in this declaration.
`
`III. THE BOARD’S INSTITUTION DECISION
`
`
`14.
`
`I understand the Board instituted inter partes review of claims 1, 2, 4,
`
`11, 12, 14, 16, and 18 of the ’268 patent as unpatentable over U.S. Patent No.
`
`5,956,323 (“Bowie”) in view of U.S. Patent No. 6,075,814 (“Yamano”).
`
`IV. BACKGROUND
`
` The ’268 patent discloses improvements to a multicarrier transceiver.
`15.
`
`Specifically, the ’268 patent describes inventions that allow a transceiver to enter a
`
`low power mode during which the transmitter portion of the transceiver does not
`
`transmit data but the receiver portion receives data, or that allow the transmitter
`
`portion of a transceiver to enter a low power mode while the receiver portion of the
`
`transceiver remains in a full power mode. In embodiments of the ‘268 patent the
`
`transceiver stores, while in the low power mode, parameters associated with the
`
`full power mode.
`
` In additional embodiments, the transceiver maintains
`
`synchronization with another transceiver while in the low power mode. To
`
`facilitate an understanding of the prior art and the inventions of the ’268 patent, a
`
`brief overview of multicarrier technology is set forth below.
`
`
`
`5
`
`
`
`Declaration of Douglas A. Chrissan, Ph.D.
`IPR2016-01760
`
`
`A. Overview Of Multicarrier Technology
`
` As explained in the ’268 patent, multicarrier transmission systems
`16.
`
`provide high speed data links between communication points. See Ex. 1001 at
`
`1:42–43. A Digital subscriber line (“DSL”) system is one example of a
`
`multicarrier transmission system that is used to provide high-speed data
`
`communication over the same subscriber loop that provides telephone service to a
`
`subscriber. See id. at 1:42–52.1, 2 Because the Petition specifically relies on the
`
`ADSL-based system of Bowie in its obviousness analysis, this overview is
`
`provided with reference to—and in the context of—DSL systems that operate in
`
`accordance with the American National Standard Institute’s ANSI T1.413-1995
`
`“American National Standard for Telecommunications – Network and Customer
`
`Installation Interfaces – Asymmetric Digital Subscriber Line (ADSL) Metallic
`
`Interface” (the “1995 ADSL Standard”). The transceivers in a DSL system
`
`communicate with each other by dividing the bandwidth of the communication
`
`1 The ’268 patent identifies ADSL (asynchronous digital subscriber line) and
`
`HDSL (High-Speed Digital Subscriber Line) as exemplary multicarrier protocols;
`
`this declaration references only ADSL.
`
`2 Yamano describes an alternative “single carrier” DSL technology, which will be
`
`discussed in sections of this declaration specific to Yamano.
`
`
`
`6
`
`
`
`Declaration of Douglas A. Chrissan, Ph.D.
`IPR2016-01760
`
`channel connecting the subscriber and a central office into separate subchannels, or
`
`carriers, each of limited bandwidth, operating in parallel with each other. See id. at
`
`1:53–57. The transceiver divides the data to be communicated over the DSL
`
`connection into groups of bits, allocates each group of bits to a respective carrier,
`
`and modulates each group of bits onto its respective carrier. See id. at 2:1–4. A
`
`transceiver that communicates data by modulating data onto multiple carriers
`
`simultaneously is referred to as a multicarrier transceiver.
`
` Each carrier has a phase characteristic and an amplitude characteristic.
`17.
`
`The phase characteristic varies over a range of 0 to 360 degrees (i.e., 0 to 2π
`
`radians); the amplitude characteristic varies over a range determined by the
`
`transmit power level of the subcarrier. The phase and/or amplitude of a carrier is
`
`modified based on the value of the group of bits allocated to the given carrier. The
`
`number of bits that are allocated to a carrier is referred to as the “bit loading” for
`
`that carrier. Modulation that changes the phase and/or amplitude of a subcarrier on
`
`a per-symbol basis is referred to as quadrature amplitude modulation (“QAM”).
`
`Modulating a multiplicity of subcarriers, as described above, is referred to as
`
`multicarrier modulation. The inventions claimed in the ’268 patent improve the
`
`operation of multicarrier transceivers.
`
` The
`18.
`
`transmission signal comprising
`
`the modulated carriers
`
`is
`
`transmitted for a fixed duration. This duration is referred to as the symbol period
`
`
`
`7
`
`
`
`Declaration of Douglas A. Chrissan, Ph.D.
`IPR2016-01760
`
`or frame period, which for multicarrier DSL transceivers is typically a fraction of a
`
`millisecond. During a subsequent symbol period the transmission signal is
`
`generated by combining the same carriers, but modulated with the next set of data
`
`bits, and so on.
`
` A transceiver that receives this transmission signal “demodulates” the
`19.
`
`received signal to determine the amplitude and phase characteristic of each
`
`constituent subcarrier for each symbol period, and decodes these respective
`
`characteristics to reproduce original bit values.
`
`B. Overview of the ADSL Standard From the Relevant Time
`Frame
`
` Further discussion of ADSL system technology follows below with
`20.
`
`reference to the 1995 ADSL Standard. This would have been the standard in place
`
`for ADSL at the time Bowie and Yamano were filed and as of the priority date
`
`(January 26, 1998) of the ‘268 patent.
`
` The 1995 ADSL Standard defines the electrical characteristics of
`21.
`
`ADSL signals appearing at a network interface and the requirements for
`
`transmission of data between two communication endpoints. Ex. 2008 at 1.3 In
`
`
`3 Dr. Kiaei has confirmed that the 1995 ADSL Standard “specifies the minimum
`
`requirements for equipment implementing ADSL” in his declaration in the related
`
`
`
`
`
`8
`
`
`
`Declaration of Douglas A. Chrissan, Ph.D.
`IPR2016-01760
`
`the context of ADSL and DSL generally, the communication endpoints are the
`
`central office (“CO”) modem and the customer premises equipment (“CPE”), also
`
`known as a subscriber modem. The CPE and CO modems are referred to as the
`
`ADSL transceiver unit, central office end (ATU-C), and ADSL transceiver unit,
`
`remote terminal end (ATU-R). See Ex. 2008 at p. 3. The ADSL standard
`
`contemplates that the ATU-C and the ATU-R exchange data over the two-wire
`
`twisted metallic cable pairs that are used to provide Plain Old Telephone Service
`
`(“POTS”).
`
`a.
`
`ADSL Data Communication
`
` The ATU-C and ATU-R exchange data over a communication
`22.
`
`channel whose frequencies do not overlap with the frequencies used to
`
`communicate voice. The ATU-C and ATU-R divide the frequency bandwidth of
`
`the communication channel into separate subchannels, or carriers, each of limited
`
`bandwidth, operating in parallel with each other. See, e.g., Ex. 1001 at 1:53–60. A
`
`set of carriers are allocated to communicate data from the ATU-R to the ATU-C
`
`(upstream channel) and a set of carriers are allocated to communicate data from the
`
`ATU-C to the ATU-R (downstream channel). See Ex. 1001 at 1:60–65. The
`
`IPR2016-01466. See IPR2016-01466, Cisco Systems, Inc. v. TQ Delta, LLC, Paper
`
`No. 1, Ex. 1003, at ¶¶ 76–77.
`
`
`
`9
`
`
`
`Declaration of Douglas A. Chrissan, Ph.D.
`IPR2016-01760
`
`ATU-C divides the data to be communicated over the downstream channel into
`
`groups of bits, allocates each group of bits to a respective carrier of the
`
`downstream channel, and modulates each group of bits onto its respective carrier.
`
`See id. at 2:1–4. Similarly, the ATU-R divides the data to be communicated over
`
`the upstream channel into groups of bits, allocates each group of bits to a
`
`respective carrier of the upstream channel, and modulates each group of bits onto
`
`its respective carrier. Id. Specifically, each “group of bits is mapped into a vector
`
`defined by one of the points of a ‘constellation’ which specifies the allowable data
`
`points for transmission over that subchannel at a particular time.” Ex. 1001 at 2:4–
`
`9. All the modulated carriers of a channel, the upstream channel for example, are
`
`combined to generate a single transmission signal that is transmitted for a pre-
`
`defined time interval, i.e. the symbol period or frame. See Ex. 1001 at 2:11–16.
`
`The set of frequency-domain vectors used to modulate the carriers during a given
`
`symbol period, or equivalently the resulting time domain signal, is referred to as a
`
`DMT symbol. The same carriers are then modulated with the next group of data
`
`bits and the resulting transmission signal is transmitted in the subsequent symbol
`
`period (i.e., frame), and so on.
`
`
`23.
`
`In accordance with the ADSL Specification, every 69th symbol in each
`
`of the upstream and the downstream channels is generated by modulating the
`
`carriers with a pseudo-random sequence. See Ex. 2008 at p. 46–47. This symbol
`
`
`
`10
`
`
`
`Declaration of Douglas A. Chrissan, Ph.D.
`IPR2016-01760
`
`transmitted during every 69th frame is referred to as the synchronization symbol.
`
`As in the ’268 patent, the ADSL standard refers to 68 contiguous DMT data
`
`symbols followed by a synchronization symbol as a superframe. Ex. 1001 at 5:9–
`
`17.
`
`
`24.
`
`In the 1995 ADSL Standard, the time period of a superframe is 17
`
`milliseconds, and
`
`the symbol period for each DMT symbol and
`
`the
`
`synchronization symbol is approximately 246 microseconds (i.e., 17 ms divided by
`
`69). See Ex. 2008 at p. 24. If there are no user data bits available to modulate the
`
`carriers during a symbol period, the carriers are modulated with idle data or
`
`information during that symbol period. See id. at §§ 5, 6 & 7 (describing that data
`
`bearer channels are transmitted continuously); Ex. 1006 at 1:46–52, 2:7–14.
`
`b.
`
`ADSL Synchronization
`
` The ADSL Standard requires that the ATU-C and ATU-R establish
`25.
`
`and maintain a timing relationship with each other after establishing a connection.
`
`To maintain the timing relationship between the ATU-C and ATU-R, carrier
`
`numbers 16 and 64 of the DMT symbols (upstream at 69 kHz and downstream at
`
`276 kHz, respectively) are not modulated with data or idle information, but are
`
`instead modulated with constant data. See Ex. 2008 at p. 46 (“Carrier #64 (f = 276
`
`kHz) shall be reserved for a pilot; that is b64 = 0 and g64 = 1. The data modulated
`
`onto the pilot sub-carrier shall be a constant {0,0}.”); and p. 58 (“Carrier #16 (f =
`11
`
`
`
`
`
`Declaration of Douglas A. Chrissan, Ph.D.
`IPR2016-01760
`
`69.0 kHz) shall be reserved for a pilot; that is b16 = and g16 = 1. The data modulated
`
`onto the pilot sub-carrier shall be a constant {0,0}.”). Carrier numbers 16 and 64
`
`are referred to as the pilot tones. The frequency of the pilot tone corresponds to the
`
`frequency of the timing reference of the transmitting modem, an ATU-C for
`
`example. The receiving modem uses the frequency of the received pilot tone to
`
`adjust its local timing reference. Importantly, carriers 16 and 64 are continuously
`
`transmitted across the DMT symbols and synchronization frame regardless if data
`
`or idle information is being modulated onto the other carriers of the DMT symbols.
`
`Thus, the pilot tones are used to synchronize the frequency of the timing references
`
`of the transmitting modem with the frequency of the timing reference of the
`
`receiving modem. Also, as previously explained, the superframes are continuously
`
`transmitted, meaning that the pilot tones are continuously transmitted and received.
`
`Because the pilot tones are continuously transmitted, the timing references of a
`
`transmitting modem and a receiving modem that operate in accordance with the
`
`ADSL specifications are synchronized continuously with each other.
`
` The synchronization symbol that is transmitted once after every 68
`26.
`
`DMT symbols in turn is used to establish superframe boundaries and to correct for
`
`gross timing errors that result from micro-interruptions as a result of a temporary
`
`short-circuit, open circuit or severe line hit. See Ex. 2008 at pp. 24 and 46.
`
`
`
`12
`
`
`
`Declaration of Douglas A. Chrissan, Ph.D.
`IPR2016-01760
`
`
`c.
`
`ADSL Initialization
`
` Before a multicarrier transceiver begins transmitting and receiving
`27.
`
`data, the transceiver undergoes an initialization process. See Ex. 1001 at 3:11–13.
`
`There are several distinct phases of initialization. The figure below reproduced
`
`from the 1995 ADSL Standard depicts the different phases of initialization for an
`
`ATU-C and an ATU-R. Set forth below the figure are descriptions of the different
`
`initialization steps for a DSL transceiver.
`
`
`
`Figure 1: Figure 29 from the 1995 ADSL Standard, Ex. 2008 at p. 87.
`
` As part of initialization, the transceivers exchange information to
`28.
`
`synchronize their timing, including synchronizing the frequencies of their
`
`respective clocks (i.e., “timing synchronization”). In the context of DSL systems,
`
`timing synchronization is accomplished as follows: one transceiver sends known
`
`signals to the other transceiver. The transmitting transceiver typically derives the
`13
`
`
`
`
`
`Declaration of Douglas A. Chrissan, Ph.D.
`IPR2016-01760
`
`known signal from its clock. Therefore the frequency of this known signal is
`
`representative of the clock frequency of the transmitting transceiver. The other
`
`transceiver receives this known signal and adjusts the frequency of its clock based
`
`on the frequency of the received signal. The known signal thus indirectly allows
`
`the two transceivers to synchronize, or “lock,” the frequencies of their respective
`
`clocks. The timing synchronization procedure is also described in the ’268 patent.
`
`See Ex. 1001 at 5:42–55 and 5:59–67. In the 1995 ADSL Standard, this procedure
`
`is referred to as “loop timing” or “timing recovery.” See Ex. 2008 at § 12.2.2 (p.
`
`90) & 12.5.6 (p. 97).
`
` Subsequently, the initialization process continues with the transceivers
`29.
`
`determining certain characteristics of
`
`the wire
`
`loop
`
`that connects
`
`them.
`
`Attenuation, also known as loop loss, is an example of a loop characteristic.
`
`Attenuation is the reduction in power a signal experiences as it travels across a
`
`wire loop and is a function of different physical characteristics of the wire loop,
`
`such as its length, wire diameter and cable composition. The transceivers estimate
`
`attenuation by measuring the received power of a known signal and comparing that
`
`power to the known transmit power of the signal. The ratio of the signal power at
`
`the transmitter to the signal power at the receiver is the attenuation. (For example,
`
`a 100x reduction in power is an attenuation of 20 decibels, or 20 dB). Attenuation
`
`may be used to adjust transmit power, since less attenuation allows a smaller
`
`
`
`14
`
`
`
`Declaration of Douglas A. Chrissan, Ph.D.
`IPR2016-01760
`
`transmit power to be used in order to meet a received power level requirement at a
`
`receiver. Loop background noise is another example of a loop characteristic.
`
` The initialization process typically continues with the transceivers
`30.
`
`performing other transceiver training and channel analysis tasks, which include
`
`determining equalization settings, echo canceller settings, and measuring signal to
`
`noise ratio on a per-subchannel basis. Signal to noise ratio (“SNR”) is a function
`
`of, inter alia, loop characteristics (e.g., line noise levels and line attenuation), and
`
`is used to determine transmission parameters that are used for transmission of data.
`
`If the line noise level is elevated, SNR will be lower, and vice versa. SNR then in
`
`turn is used to determine transmission parameters including transmission and
`
`reception data ranges, fine gain parameters, and bit allocation parameters. Ex.
`
`1001 at 3:14–25. Transmission parameters are specific to and conform to the
`
`communication protocol used for data transmission. The transceivers then go
`
`through the step of exchanging the transmission parameters determined during
`
`initialization.
`
` As explained in the ’268 patent, the initialization process of a DSL
`31.
`
`system can take tens of seconds. See id. at 3:27–29. Once the transceivers are
`
`initialized, the transceivers can transmit and receive data. Data may be sent in a
`
`continuous, synchronous stream of frames (also called symbols), which form
`
`superframes. A superframe includes frames of modulated data followed by a
`
`
`
`15
`
`
`
`Declaration of Douglas A. Chrissan, Ph.D.
`IPR2016-01760
`
`modulated synchronization symbol. Id. at 5:9–18. For example, the superframe
`
`may include 68 data frames followed by a 69th frame that is a synchronization
`
`frame. Id. The synchronization frame may be used by a transceiver to determine
`
`the boundary of the superframe and maintain superframe alignment.
`
` A person of skill in the art (“POSITA”) would understand that
`32.
`
`initialization, as defined in the 1995 ADSL Standard, includes distinct, sequential
`
`steps of determining loop characteristics and determining bit and gain parameters
`
`based on the loop characteristics. The 1995 ADSL Standard states “[o]ne part of
`
`the ADSL initialization and training sequence estimates the loop characteristics to
`
`determine whether the number of bytes per Discrete MultiTone (DMT) frame
`
`required for the requested configuration's aggregate data rate [i.e., the necessary bit
`
`allocations] can be transmitted across the given loop.” Ex. 2008 at p. 9 (with
`
`bracketed comments inserted). The 1995 ADSL Standard further explains that
`
`“each receiver communicates to its far-end transmitter the number of bits and
`
`relative power levels [i.e., bit allocation and fine gain parameters] to be used on
`
`each DMT sub-carrier, as well as any messages and final data rates information.
`
`For highest performance these settings shall be based on the results [i.e., based in
`
`part on loop characteristics] obtained through the transceiver training and channel
`
`analysis procedures.” Id. at p. 87 (with bracketed comments inserted). Therefore,
`
`
`
`16
`
`
`
`Declaration of Douglas A. Chrissan, Ph.D.
`IPR2016-01760
`
`the 1995 ADSL Standard distinguishes between loop characteristics of the loop
`
`and transmission parameters like bit allocation and fine gain parameters.
`
`C. The Inventions Of The ’268 Patent
`
` The ’268 Patent recognizes that prior art multicarrier transceivers
`33.
`
`were commonly maintained in the “on” state because of the desire by users to
`
`quickly resume Internet data communications after a period of inactivity and
`
`because of the lengthy initialization process required when returning from an “off”
`
`state. See Ex. 1001 at 2:60–65; 3:12–34. In this “on” state, both the transmitter
`
`and receiver portions of a prior art transceiver remained fully functional at all
`
`times. As a result, the multicarrier transceivers used a significant amount of power
`
`unnecessarily and had potentially reduced life spans. See Ex. 1001 at 2:60–3:1.
`
` The inventions of the challenged claims of the ’268 patent provide a
`34.
`
`unique low power mode that improved the operation of multicarrier transceivers.
`
`The inventions allow the multicarrier transceiver to enter a low power mode (and
`
`thus save power) wherein (1) the transmitter portion of the transceiver does not
`
`transmit data but the receiver portion of the transceiver receives data (challenged
`
`claims 1, 2, 4) or (2) the transmitter portion is in a low power mode while the
`
`receiver portion remains in a full power mode (challenged claims 11, 12, 14, 16,
`
`and 18). The inventive multicarrier transceiver further allows the transmitter to
`
`quickly return to full power mode by storing, while in the low power mode,
`17
`
`
`
`
`
`Declaration of Douglas A. Chrissan, Ph.D.
`IPR2016-01760
`
`parameters associated with the full power mode (challenged claims 4 and 14) or to
`
`maintain synchronization with another transceiver while in the low power mode
`
`(challenged claims 2 and 12).
`
`
`35.
`
`In this way, the ’268 patent provides methods for operating a
`
`transceiver in a low power mode that saves power when the transmitter does not
`
`need to transmit data but the receiver needs to be able to receive data.
`
`D. Overview of the Cited Art
`
`
`36.
`
`I understand that Petitioner relies on two references in its proposed
`
`ground of invalidity of the ’268 patent claims – U.S. Pat. No. 5,956,323 (“Bowie”),
`
`and U.S. Pat. No. 6,075,814 (“Yamano”). A discussion of those two patents
`
`follows.
`
`1.
`
`Bowie
`
` Bowie describes an invention that is directed to a power conservation
`37.
`
`method for an asymmetric digital subscriber line (“ADSL”) system. Ex. 1005 at
`
`1:4–8, 1:23–25. As shown in Figure 1 of Bowie, reproduced below, the Bowie
`
`system uses ADSL units (e.g., modems) that are connected by a wire loop 120.
`
`Each ADSL unit includes signal processing electronics 111, data transmit circuitry
`
`112 and data receive circuitry 113 to send, receive, and process modulated data.
`
`See id. at 2:1–6, 3:2–5, 5:52–55. Each unit also includes a resume signal detector
`
`
`
`18
`
`
`
`Declaration of Douglas A. Chrissan, Ph.D.
`IPR2016-01760
`
`115, which can be a 16 kHz AC signal detector 115 that employs conventional
`
`frequency detection techniques. See id. at 5:52–55.
`
`Figure 2, a reproduction of Fig. 1 from Bowie
`
`
`
`Id., Fig. 1.
`
` Bowie explains that, prior to data being sent between two ADSL units
`38.
`
`over the loop, loop characteristics must be determined and exchanged. See id. at
`
`4:64–5:4. He explains that loop characteristics include loop loss characteristics.
`
`Id. Bowie uses the terms “loop characteristics,” “electronic characteristics of the
`
`particular wire loop,” “loop transmission characteristics” and “loop characteristic
`
`parameters” interchangeably, and describes “loop loss characteristics” as an
`
`
`
`19
`
`
`
`Declaration of Douglas A. Chrissan, Ph.D.
`IPR2016-01760
`
`example of these. See Ex. 1005 at 4:67–5:3, 5:23–25, 5:62–66, 6:25–33. Bowie
`
`refers to the exchange of loop characteristics as “handshaking.” Id. at 5:1–5.
`
` Bowie further teaches that when an ADSL unit receives a shut-down
`39.
`
`signal, it enters a low power mode in which the signal processing electronics, data
`
`transmit circuitry, and data receive circuitry all shut down. See id. at 5:17–28. The
`
`resume signal detector is the only circuitry that remains operational. See id.
`
`Bowie explains that loop 220 is “in an inactive state” when the unit enters the low
`
`power mode. Id. at 5:28–29. Bowie recognizes that the signal processing,
`
`transmitting, and receiving circuitry consume substantial amounts of power when
`
`transmitting and receiving “modulated data signals” and that consequently shutting
`
`down the transmitting, receiving, and signal processing circuitry, i.e., most of the
`
`transceiver’s circuitry, saves a significant amount of power—up to five watts per
`
`loop. See id. at 2:1–6.
`
` Bowie further teaches that, upon entering the low power mode, the
`40.
`
`ADSL units may “store[] in memory 117 characteristics of the loop 220 that were
`
`determined by… handshaking.” Id. at 5:17–28. Thus, Bowie teaches storing loop
`
`characteristics, such as attenuation, upon going into low power mode.
`
` Upon receipt of a “resume signal” at the resume signal detector 115,
`41.
`
`the Bowie unit “returns the signal processing 111, transmitting 112, and receiving
`
`113 circuitry to full power mode.” Id. at 5:60–62. The stored “loop transmission
`
`
`
`20
`
`
`
`Declaration of Douglas A. Chrissan, Ph.D.
`IPR2016-01760
`
`characteristics… are retrieved from memory 117 and used to enable data
`
`transmission to resume quickly by reducing the time needed to determine loop
`
`transmission characteristics.” Id. at 5:62–66 (emphasis added). Thus, Bowie
`
`teaches using the stored loop characteristics as a starting point for determining the
`
`complete set of parameters that are necessary for returning to full data transmission
`
`upon coming out of the low power mode.
`
` Bowie teaches that one of the reasons that the loop characteristics
`42.
`
`have to be re-determined upon coming out of the low power mode is that the loop’s
`
`characteristics may have changed while the system was in the low power mode.
`
`See Ex. 1005 at 5:66–6:1 (“After resumption of full power mode, additional
`
`handshaking between ADSL units 232 and 242 may occur.”); id. at 6:37–41
`
`(“Handshaking
`
`information may be
`
`required where,
`
`for example,
`
`loop
`
`characteristics have changed due, for example, to temperature-dependent changes
`
`in loop resistance.”). Re-determining the loop characteristics after coming out of
`
`low power mode is required to ensure the transceivers “establish reliable data
`
`communication between the units.” Id. at 6:36–37.
`
`
`43.
`
`In my opinion, Bowie’s invention is limited to (1) a “resume signal
`
`generator” and a “resume signal detector” added onto an existing ADSL Standard
`
`transceiver, (2) a low-power mode that turns off the ADSL transceiver’s
`
`communication circuitry except for the “resume signal detector” (and the “resume
`
`
`
`21
`
`
`
`Declaration of Douglas A. Chrissan, Ph.D.
`IPR2016-01760
`
`signal generator,” if and when it is time to return the other transceiver to normal
`
`operation) and (3) the concept of storing some information about the loop, such as
`
`attenuation, while in low power mode. As Bowie explains, storing loop
`
`information allows the Bowie unit to reduce the time needed to determine loop
`
`characteristics, which in turn are used to determine transmission parameters. This
`
`is a simplistic power saving scheme that does little to integrate with the existing
`
`internal functionality of an ADSL modem, and Bowie does very little to describe
`
`how any integration is to be performed by one of skill in the art. Therefore, it is
`
`substantially different from the ’268 patent regarding the implementation of a low
`
`power mode, as discussed further in this declaration.
`
` Bowie also does not teach maintaining synchronization when in the
`44.
`
`low power mode. This is consistent with Bowie’s teaching that all of the
`
`transceiver circuitry except for the resume signal detector is shut off in low power
`
`mode in order to save power.
`
`2.
`
`Yamano
`
` The disclosure in Yamano “relates to the reduction of the required
`45.
`
`amount of signal processing in a modulator/ demodulator (modem) which is
`
`transferring packet-based data or other information which is intermittent in nature
`
`on a communication channel.” See Ex. 1006 at 1:8–14.
`
`
`
`22
`
`
`
`Declaration of Douglas A. Chrissan, Ph.D.
`IPR2016-01760
`
`
` Yamano acknowledges that DSL modems may use either single
`46.
`
`carrier modulation, denoted “QAM” by Yamano, or multicarrier modulation
`
`(“MCM”), also known as Discrete Multi-Tone (“DMT”). However,
`
`the
`
`embodiments illustrated and described in Yamano, Figs. 2, 3 and 4, are single
`
`carrier DSL receivers. Although Yamano references multicarrier DSL receivers, it
`
`does so only in passing to recognize that multicarrier receivers are different from
`
`the described single carrier receivers. See Ex. 1006 at 14:59–62 (“the receiver
`
`circuit used in connection with an MCM signalling (sic) protocol (hereinafter an
`
`MCM receiver circuit) is different from receiver circuit 400”). However, Yamano
`
`falls far short of enabling a POSITA to modify a prior art DMT DSL modem to
`
`implement Yamano’s invention. This was acknowledged by Dr. Kiaei during his
`
`deposition. See Ex. 2004 at 173:18–19 (“In Yamano, it doesn't go into all the
`
`details and the specifics”). To the extent Yamano suggests applicability of its
`
`teachings to an ADSL system, as I explain later the teachings are incompatible
`
`with multicarrier DSL and specifically with the 1995 ADSL Standard and the
`
`ADSL-based system of Bowie. Setting aside that Yamano’s embodiments are
`
`incompatible with the 1995 ADSL Standard and Bowie, I provide below an
`
`exposition of the features of Yamano.
`
`
`47.
`
`In its discussion of “Related Art,” Yamano explains that conventional
`
`DSL modems transport dat
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
