`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`———————
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`———————
`
`
`
`Cisco Systems, Inc.,
`Petitioner
`
`vs.
`
`TQ Delta, LLC
`Patent Owner
`
`
`———————
`
`
`
`PETITION FOR INTER PARTES REVIEW
`
`OF
`
`U.S. PATENT NO. 9,094,268
`
`
`
`
`
`
`
`

`

`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
`
`TABLE OF CONTENTS
`
`PETITIONER’S EXHIBIT LIST ......................................................................... iv
`
`I.  Mandatory Notices ............................................................................................. 1 
`
`A.  Real Party-in-Interest ................................................................................. 1 
`
`B.  Related Matters .......................................................................................... 1 
`
`C.  Lead and Back-up Counsel and Service Information ............................... 2 
`
`II.  Grounds for Standing ......................................................................................... 2 
`
`III.  Requested Relief ................................................................................................ 2 
`
`IV.  Reasons for the Requested Relief ...................................................................... 2 
`
`A.  Summary of the ’268 Patent ...................................................................... 3 
`
`B.  Prosecution History ................................................................................... 7 
`
`C.  Summary of the Petition ............................................................................ 8 
`
`D.  Challenged Claims ..................................................................................... 8 
`
`V.  Claim Construction ............................................................................................ 8 
`
`A. 
`
`B. 
`
`“data” (claims 1, 4, 11, 16, 18) .................................................................. 9 
`
`“storing, during the low power mode” (claims 4, 14) ............................. 10 
`
`VI.  Statutory Grounds for Challenges ................................................................... 11 
`
`VII.  Level of Ordinary Skill in the Art ................................................................... 12 
`
`VIII. Note Regarding Page Citations & Emphasis ................................................... 12 
`
`IX.  Identification of How the Claims are Unpatentable ........................................ 12 
`
`A.  Summary of Bowie .................................................................................. 13 
`
`ii
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`

`

`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
`
`B.  Summary of Yamano ............................................................................... 15 
`
`C.  Modem States in Bowie and Yamano ..................................................... 18 
`
`D.  Reasons to Combine Bowie and Yamano ............................................... 22 
`
`E.  Claims 1, 2, 4, 11, 12, 14, 16, and 18 are obvious under 35 U.S.C.
`§ 103(a) over Bowie in view of Yamano. ............................................... 24 
`
`1.  Claim 1 ............................................................................................ 24 
`
`2.  Claim 2 ............................................................................................ 33 
`
`3.  Claim 4 ............................................................................................ 34 
`
`4.  Claim 11 .......................................................................................... 36 
`
`5.  Claim 12 .......................................................................................... 44 
`
`6.  Claim 14 .......................................................................................... 44 
`
`7.  Claim 16 .......................................................................................... 45 
`
`8.  Claim 18 .......................................................................................... 45 
`
`X.  Conclusion ....................................................................................................... 47 
`
`XI.  Certificate of Word Count ............................................................................... 48 
`
`
`
`
`
`iii
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`

`

`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
`
`PETITIONER’S EXHIBIT LIST1
`
`September 8, 2016
`
`1001 U.S. Patent No. 9,094,268 to Greszczuk et al.
`
`1002 Prosecution File History of U.S. Patent No. 9,094,268
`
`1003 Declaration of Sayfe Kiaei under 37 C.F.R. § 1.68
`
`1004 Curriculum Vitae of Dr. Sayfe Kiaei
`
`1005 U.S. Patent No. 5,956,323 to Bowie
`
`1006 U.S. Patent No. 6,075,814 to Yamano et al.
`
`1007 Reserved
`
`1008 Reserved
`
`1009 U.S. Patent No. 6,084,881 to Fosmark et al.
`
`
`
`1 Exhibit numbering in this petition is consistent with numbering in co-pending
`
`IPR2016-01466 of U.S. Patent No. 8,611,404 which shares the same specification
`
`with the ‘268 Patent.
`
`iv
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`

`

`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
`
`I. MANDATORY NOTICES
`
`A. Real Party-in-Interest
`
`The Petitioner and real party in interest is Cisco Systems, Inc.
`
`B. Related Matters
`
`To the best knowledge of the Petitioner, U.S. Patent No. 9,094,268 (“the
`
`’268 Patent”) is involved in the following litigations:
`
`Name
`
`TQ Delta LLC v. Comcast Cable
`Comms. LLC
`
`Number
`
`Court Filed
`
`1-15-cv-00611
`
`DED
`
`Jul. 17, 2015
`
`TQ Delta LLC v. CoxCom, LLC
`
`1-15-cv-00612
`
`DED
`
`Jul. 17, 2015
`
`TQ Delta LLC v. DIRECTV
`
`1-15-cv-00613
`
`DED
`
`Jul. 17, 2015
`
`TQ Delta LLC v. DISH Network Corp. 1-15-cv-00614
`
`DED
`
`Jul. 17, 2015
`
`TQ Delta LLC v Time Warner Cable
`Inc.
`
`1-15-cv-00615
`
`DED
`
`Jul. 17, 2015
`
`TQ Delta LLC v. Verizon Comms., Inc. 1-15-cv-00616
`
`The ’268 Patent is also involved in the following related matter:
`
`DED
`
`Jul. 17, 2015
`
`Name
`
`Petition for Inter Partes Review of the
`’268 Patent by DISH Network LLC
`
`
`Number
`
`Court Filed
`
`IPR2016-01469 PTAB
`
`Jul. 21, 2016
`
`1
`
`

`

`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
`
`C. Lead and Back-up Counsel and Service Information
`
`Lead Counsel
`David L. McCombs
`HAYNES AND BOONE, LLP
`2323 Victory Ave. Suite 700
`Dallas, TX 75219
`
`Back-up Counsel
`Theodore M. Foster
`HAYNES AND BOONE, LLP
`2323 Victory Ave. Suite 700
`Dallas, TX 75219
`
`Michael S. Parsons
`HAYNES AND BOONE, LLP
`2323 Victory Ave. Suite 700
`Dallas, TX 75219
`
`
`214-651-5533
`Phone:
`214-200-0853
`Fax:
`
`david.mccombs.ipr@haynesboone.com
`USPTO Reg. No. 32,271
`
`
`972-739-8649
`Phone:
`972-692-9156
`Fax:
`
`ipr.theo.foster@haynesboone.com
`USPTO Reg. No. 57,456
`
`972-739-8611
`Phone:
`972-692-9003
`Fax:
`
`michael.parsons@haynesboone.com
`USPTO Reg. No. 58,767
`
`II. GROUNDS FOR STANDING
`
`Petitioner certifies that the ’268 Patent is available for inter partes review
`
`and that Petitioner is not barred or estopped from requesting inter partes review
`
`challenging the patent claims on the grounds identified in this Petition.
`
`III. REQUESTED RELIEF
`
`Petitioner asks that the Board review the accompanying prior art and
`
`analysis, institute a trial for inter partes review of claims 1, 2, 4, 11, 12, 14, 16 and
`
`18 of the ’268 Patent, and cancel these claims as unpatentable.
`
`IV. REASONS FOR THE REQUESTED RELIEF
`
`As explained below and in the declaration of Cisco Systems’ expert, Dr.
`
`2
`
`

`

`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
`
`Sayfe Kiaei, the concepts described and claimed in the ’268 Patent were not novel.
`
`This Petition and Dr. Kiaei’s declaration explain where each element is found in
`
`the prior art and why the claims would have been obvious to a POSITA prior to the
`
`earliest effective priority date.
`
`A.
`
`Summary of the ’268 Patent
`
`The ’268 patent relates to a multicarrier transceiver “with a sleep mode in
`
`which it idles with reduced power consumption.” Ex. 1001, Abstract. The ’268
`
`patent states that “[t]he full transmission and reception capabilities of the
`
`transceiver are quickly restored when needed, without requiring the full (and time-
`
`consuming) initialization commonly needed to restore such transceivers to
`
`operation after inactivity.” Ex. 1001, Abstract. This transceiver, according to the
`
`’268 patent, may be included in the “DSL” systems, such as “xDSL”, “ADSL,”
`
`and “HDSL.” Ex. 1001 at 1:47-52.
`
`According to the ’268 patent, data communication in DSL systems occur
`
`using a “first transceiver located at the site of a customer’s premises” and a
`
`“second transceiver located at the central telephone office.” Ex. 1001 at 3:67-4:4.
`
`The ’268 patent refers to the “first transceiver” as the “CPE transceiver,” and the
`
`“second transceiver” as the “CO transceiver.” Ex. 1001 at 3:67-4:4. During normal
`
`operation, the CPE transceiver and the CO transceiver exchange data using
`
`“superframes.” Ex. 1001 at 5:15-16. Each “superframe” includes “a sequence of
`
`3
`
`

`

`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
`
`data frames” followed “by a synchronization frame.” Ex. 1001 at 5:11-13. Also
`
`during normal operation “[t]he timing reference signal 62a is transmitted to the
`
`[CPE] transmitter from the transmitter with which the receiver 16 communicated
`
`(e.g., the CO transmitter).” The timing reference signal “is synchronized with the
`
`Master Clock in the transmitter” and whose “frequency defines the frame rate of
`
`the transceivers.” Ex. 1001 at 5:44-50.
`
`In the ’268 patent, the CO and CPE transceiver can enter a low power
`
`consumption mode. Ex. 1001 at 6:27-30. While the description of the ’268 patent’s
`
`low power mode is described below in terms of the CPE transceiver, the ’268
`
`patent states that the process is the same for the CO transceiver. Ex. 1001 at 4:15-
`
`17.
`
`To enter the low power mode, the CPE transceiver first transmits an “Intend
`
`To Enter Sleep Mode” notification to the CO transceiver. Ex. 1001 at 6:44, 66-7:2.
`
`If sleep mode is permissible, the CO transceiver responds to the notification “by
`
`transmitting an ‘Acknowledge Sleep Mode’ notification.” Ex. 1001 at 6:57-59. The
`
`CPE then transmits an “Entering Sleep Mode” notification to the CO, which is
`
`reciprocated by the CO. Ex. 1001 at 6:66-7:3. Upon receiving the “Entering Sleep
`
`Mode” notification from the CO, the CPE then enters the sleep mode state. Ex.
`
`1001 at 7:38-40. In the sleep mode state, the CPE “stores its state” in connection
`
`with CO transceiver, including “the transmission fine gains” and “the Bit
`
`4
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`

`

`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
`
`Allocation Tables” parameters in the “state memory.” Ex. 1001 at 7:38-47. The
`
`CPE then “reduces power to the digital modulator/demodulator circuitry
`
`comprising IFFT 20 and FFT 56, as well as to and transmitter data line drivers 26”
`
`but “continues to advance the frame counter 34 in accordance with the received
`
`synchronizing signal 62a.” Ex. 1001 at 7:50-54.
`
`Likewise, upon receiving the “Entering Sleep Mode” notification, the CO
`
`transceiver enters sleep mode. Ex. 1001 at 7:5-8. The CO transceiver then “stores
`
`its state in its own state memory corresponding to the state memory 36 of CPE
`
`transceiver 10” and reduces power. Ex. 1001 at 6:67-7:2. The CO transceiver also
`
`“continues to advance the frame count and superframe count during the period of
`
`power-down in order to ensure synchrony with the remote CPE transceiver when
`
`communications are resumed.” Ex. 1001 at 7:14-17.
`
`To exit the low power mode, the CPE “receives an ‘Awaken’ indication.”
`
`Ex. 1001 at 7:64-67. “In response to the ‘Awaken’ signal, the CPE transceiver
`
`retrieves its stored state from the state memory 38; restores full power to its
`
`circuitry.” Ex. 1001 at 8:2-4. The CPE also transmits an “Exiting Sleep Mode” to
`
`the CO transceiver, which upon “detecting the ‘Exit Sleep Mode’ notification from
`
`the CPE transceiver . . . exits sleep mode by restoring its state and restoring its
`
`power.” Ex. 1001 at 8:6-9.
`
`The purported invention of the ’268 patent is the CPE transceiver’s ability to
`
`5
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`

`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
`
`“begin transmitting immediately or after only a few frames delay” because “it need
`
`not repeat the initialization . . . to establish the requisite parameters.” Ex. 1001 at
`
`8:9-12.
`
`Independent claims 1 and 11 are representative of the Challenged Claims:
`
`1. A method, in a multi carrier transceiver, comprising:
`transmitting or receiving a message to enter a low power mode;
`and
`entering the low power mode, wherein a transmitter portion of the
`transceiver does not transmit data during the low power mode
`and a receiver portion of the transceiver receives data during the
`low power mode, wherein the transceiver is a device that is
`capable of transmitting or receiving internet and video data.
`
`Ex. 1001 at 10:29-43.
`
`11. A method, in a multicarrier transceiver, comprising:
`transmitting or receiving a message to enter a low power mode for
`a transmitter portion while a receiver portion remains in a full
`power mode; and
`entering the low power mode for the transmitter portion while the
`receiver portion remains in the full power mode, wherein the
`transceiver is a device that is capable of transmitting or
`receiving internet and video data.
`
`Ex. 1001 at 10:54-11:5.
`
`6
`
`

`

`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
`
`B.
`
`Prosecution History
`
`Application No. 14/295,981 (“the ’981 application”)—which issued as the
`
`’268 patent—was filed on June 4, 2014. The ’981 application claims a priority
`
`benefit from a string of applications, the earliest of which is U.S. Provisional
`
`Application No. 60/072,447 filed on January 26, 1998. See Ex. 1001. A pair of
`
`preliminary amendments cancelled original claims 1-17 and presented new claims
`
`18-37. Ex. 1002 at 87-90 & 72-76.
`
`On January 14, 2015, the Patent Office issued a non-final office action that
`
`rejected claims 18, 19, 22, 23, 26, 27, 32, and 33 over U.S. Patent No 5,842,028 to
`
`Vajapey. The office action, however, also indicated that the other claims would be
`
`allowable if rewritten in independent form. Ex. 1002 at 45-47. On March 20, 2015,
`
`the Applicants filed a response amending the claims as indicated by the Examiner
`
`to rewrite the allowed subject matter in independent form.
`
`On May 19, 2015, the Patent Office issued a Notice of Allowance. In the
`
`Allowance, the Examiner stated that:
`
`none of the prior art discloses or suggests that a method, in a
`multicarrier transceiver, comprising: transmit data during the low
`power mode and a receiver portion of the transceiver receives data
`during the low power mode, wherein the transceiver is a device that is
`capable of transmitting or receiving internet and video data; storing,
`during the low power mode, at least one parameter associated with a
`full power mode.
`
`7
`
`

`

`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
`
`Ex. 1002 at 23.
`
`C.
`
`Summary of the Petition
`
`DSL transceivers capable of entering a low-power mode were not new as of
`
`the ’268 Patent’s earliest effective filing date in 1998. Specifically, the prior art
`
`recognized that DSL transceivers could enter a sleep mode or low-power mode
`
`when not sending or receiving data. The prior art also recognized that DSL
`
`transceivers could have separate transmit and receive circuits that could be
`
`individually powered so that individual components could be powered-down when
`
`not in use. Because the ’268 Patent claims the use of this prior-art technology, the
`
`claims are unpatentable and should be canceled.
`
`D. Challenged Claims
`
`Claims 1, 2, 4, 11, 12, 14, 16, and 18 of the ’268 Patent are challenged in
`
`this Petition.
`
`V. CLAIM CONSTRUCTION
`
`This Petition analyzes the claims consistent with the broadest reasonable
`
`interpretation in light of the specification. See 37 C.F.R. § 42.100(b). All claim
`
`terms not discussed below are to be given their broadest reasonable interpretation,
`
`as understood by one of ordinary skill in the art consistent with the disclosure.
`
`Cuozzo Speed Techs., LLC v. Lee, 579 U.S. ___, slip op. at 17 (2016).
`
`8
`
`

`

`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
`
`A.
`
`“data” (claims 1, 4, 11, 16, 18)
`
`The term “data” appears in claims 1, 4, 11, 16, and 18. Claims 1, 4, and 16
`
`recite “does not transmit data during the low power mode,” but claim 16 uses the
`
`term “user data” instead of “data;” claims 1, 4, and 18 recite “receives data during
`
`the low power mode;” and claims 1 and 11 recite “transmitting or receiving
`
`internet and video data.”
`
`The ’268 patent does not define the term “data” but it is used throughout the
`
`specification. For example, the specification describes using “a DSL transceiver 10
`
`in accordance with the present invention . . . for transmitting data over a digital
`
`subscriber line 14 and . . . for receiving data from the line.” Ex. 1001 at 4:18-21. In
`
`DSL systems, “data is communicated in the form of a sequence of data frames . . . ,
`
`followed by a synchronization frame.” Ex. 1001 at 5:9-13.
`
`The specification also states that a transceiver can “enter a ‘sleep’ mode in
`
`which it consumes reduced power when it is not needed for data transmission or
`
`reception.” Ex. 1001 at 6:6-9. In the sleep mode, data is not transmitted but power
`
`is maintained “to at least that portion of the analog driver circuitry which transmits
`
`the pilot tone and other control signals.” Ex. 1001 at 7:26-29. Upon exiting sleep
`
`mode, the transceiver “is capable of recovering full data transmission capabilities
`
`within a period of a few frames.” Ex. 1001 at 8:27-29.
`
`Based on this description, a POSITA would understand that data is
`
`9
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`

`

`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
`
`transmitted when the transmitter is fully powered and that data is received when
`
`the receiver is fully powered. Ex. 1003 at p. 18. A POSITA would also understand
`
`that control signals are excluded from “data” since they are transmitted or received
`
`while the transceiver is in sleep mode and incapable of transmitting or receiving
`
`“data.” Ex. 1003 at p. 18.
`
`Accordingly, consistent with the usage of this term in the specification and
`
`for the purposes of this proceeding, a POSITA would have understood that the
`
`broadest reasonable interpretation of “data” includes “information, other than
`
`control signals.” Ex. 1003 at p. 18-19.
`
`B.
`
`“storing, during the low power mode” (claims 4, 14)
`
`The ’268 Patent specification does not use this term, but the specification
`
`does disclose a CO transceiver and a CPE transceiver that store their respective
`
`states in memory upon “Entering Sleep Mode” and retain these states in memory
`
`while in sleep mode. Ex. 1001 at 7:5-14; 7:40-47. Ex. 1003 at p. 19. Once the
`
`parameters are stored, the CO and CPE transceivers reduce power to their
`
`respective circuitry. Ex. 1001 at 7:15-20; 7:44-47; Ex. 1003 at p.19.
`
`With respect to the CO transceiver, the specification states that the CO
`
`transceiver “enters sleep mode (90)” and then “stores its state in its own state
`
`memory corresponding to the state memory 36 of CPE transceiver 10.” Ex. 1001 at
`
`7:6-7:7. The CO then “perform[s] its own power reduction.” Ex. 1001 at 7:20-21.
`
`10
`
`

`

`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
`
`Upon exiting sleep mode, the CO transceiver “restor[es] its state and restor[es]
`
`power.” Ex. 1001 at 8:6-9.
`
`With respect to the CPE transceiver, the specification states that “the CPE
`
`transceiver enters the sleep mode (step 92)” and then “stores its state (step 94) in
`
`state memory 38.” Ex. 1001 at 7:39-41. The CPE transceiver then “reduces power
`
`to the digital modulator/demodulator circuitry comprising IFFT 20 and FFT 56, as
`
`well as to and transmitter data line drivers 26.” Ex. 1001 at 7:50-52. Upon exiting
`
`sleep mode, the CPE transceiver can “retrieves its stored state from the state
`
`memory 38” and “restores full power to its circuitry.” Ex. 1001 at 8:3-4. Thus,
`
`while the CO and the CPE both store their respective states while entering sleep
`
`mode, they also retain these states when power is reduced such that they can
`
`resume transmitting quickly when power is restored. Ex. 1003 at p. 20.
`
`Accordingly, consistent with the specification’s description and for the
`
`purposes of this proceeding, a POSITA would have understood that the broadest
`
`reasonable interpretation of this term to include “maintaining in memory while in a
`
`reduced power consumption mode.” Ex. 1003 at p. 20-21.
`
`VI. STATUTORY GROUNDS FOR CHALLENGES
`
`Challenge #1: Claims 1, 2, 4, 11, 12, 14, 16, and 18 are obvious under 35
`
`U.S.C. § 103(a) over U.S. Patent No. 5,956,323 to Bowie (“Bowie”) (Ex. 1005) in
`
`view of U.S. Patent No. 6,075,814 to Yamano et al. (“Yamano”) (Ex. 1006).
`
`11
`
`

`

`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
`
`Bowie was filed on July 30, 1997, and Yamano was filed on May 9, 1997.
`
`Both Bowie and Yamano are thus prior art at least under § 102(e).
`
`VII. LEVEL OF ORDINARY SKILL IN THE ART
`
`The level of ordinary skill in the art may be reflected by the prior art of
`
`record. See Okajima v. Bourdeau, 261 F.3d 1350, 1355 (Fed. Cir. 2001); In re
`
`GPAC Inc., 57 F.3d 1573, 1579 (Fed. Cir. 1995). Here, the POSITA is someone
`
`knowledgeable concerning multicarrier communications. That person would have
`
`(i) a Master’s degree in Electrical and/or Computer Engineering, or equivalent
`
`training, and (ii) approximately five years of experience working in digital
`
`telecommunications. Ex. 1003 at p. 16. Lack of work experience can be remedied
`
`by additional education, and vice versa. Ex. 1003 at p. 16.
`
`VIII. NOTE REGARDING PAGE CITATIONS & EMPHASIS
`
`Petitioner’s citation to Ex. 1002 uses the page numbers added for
`
`compliance with 37 C.F.R. § 42.63(d)(2)(ii). Petitioner’s citations to the remaining
`
`exhibits use the page numbers in their original publication. Unless otherwise noted,
`
`all bold underline emphasis in any quoted material has been added.
`
`IX.
`
`IDENTIFICATION OF HOW THE CLAIMS ARE UNPATENTABLE
`
`Claims 1, 2, 4, 11, 12, 14, 16, and 18 of the ’268 Patent are obvious under 35
`
`U.S.C. § 103(a) over Bowie in view of Yamano. Ex. 1003 at p. 21.
`
`12
`
`

`

`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
`
`A.
`
`Summary of Bowie
`
`Bowie is directed to a system for “conserving power in a terminal unit
`
`having a transmitter and receiver for modulated data communication over a
`
`communications loop.” Ex. 1005 at 2:10-12. Another term for a transmitter and
`
`receiver is a “transceiver.” Ex. 1003 at p. 22. Like the ’268 patent, Bowie’s
`
`terminal unit “may include Asymmetric Digital Subscriber Line [ADSL] transmit
`
`and receive circuitry.” Ex. 1005 at 2:41-43; Ex. 1003 at p. 22. And, like the ’268
`
`patent, Bowie is directed to “reducing power consumption of certain of the
`
`electronic circuits in the terminal unit upon detection of a shut-down condition”
`
`and “detect[ing] a resume signal” and “restoring power to the electronic circuits
`
`when the resume signal is detected.” Ex. 1005 at 2:13-20; Ex. 1003 at p. 22.
`
`Bowie describes “an ADSL unit” that “can send and receive modulated
`
`digital data.” Ex. 1005 at 3:34-35. A first ADSL unit “located at the subscriber
`
`premises . . . is referred to as a customer premises equipment (CPE) ADSL unit”
`
`and “a second ADSL unit . . . typically located at a telephone company central
`
`office . . . is known as the central office terminal (COT) unit 232.” Ex. 1005 at
`
`3:53-57. Bowie’s CPE ADSL unit and COT ADSL unit are similar to the CPE
`
`transceiver and a CO transceiver of the ’268 patent. Ex. 1003 at p. 23. Also, just
`
`like in the ’268 patent, “[d]ata to be transmitted by an ADSL unit is arranged in a
`
`structure known as a ‘frame’.” Ex. 1005 at 3:66-67; Ex. 1003 at p. 23. An example
`
`13
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`

`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
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`of Bowie’s ADSL unit is provided below:
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`ADSL unit comprising
`Transmit and Receive circuitry
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`Ex. 1003 at p. 24; Ex. 1005, Fig. 1 (annotated).
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`Bowie also describes that “[t]o reduce power requirements, the ADSL units
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`232 and 242 may enter low power mode.” Ex. 1005 at 5:6-7. For example, if “the
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`CPE unit 242 initiates low power mode, it does so by sending a shut-down signal
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`to the COT unit 232.” Ex. 1005 at 5:8-10. Then, like the ’268 patent, Bowie also
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`describes that “[u]pon receipt of the shut down signal, the COT unit 232 optionally
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`stores in memory 117 characteristics of the loop 220.” Ex. 1005 at 5:17-19; Ex.
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`1003 at p. 24. Importantly, just like the ’268 patent Bowie teaches that “[s]toring
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`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
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`loop characteristics enables rapid resumption of user data transmission when the
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`units are returned to full power mode.” Ex. 1005 at 5:22-24, Ex. 1003 at p. 24.
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`Like the ’268 patent, “[t]o return a unit that is in low power mode to full
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`power operation, a resume signal is sent to the unit.” Ex. 1005 at 5:48-49, Ex. 1003
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`a p. 25. “Upon receipt of the resume signal, the receiving ADSL unit” such as the
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`CPE unit 242, “returns the signal processing 111, transmitting, and receiving 113
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`circuitry to full power mode.” Ex. 1005 at 5:5:60-62. Bowie describes that loop
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`transmission characteristics “are retrieved from memory 117 and used to enable
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`data transmission to resume quickly by reducing the time needed to determine loop
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`transmission characteristics.” Ex. 1005 at 5:62-66; Ex. 1003 at p. 25.
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`Thus Bowie describes a transmitter and receiver system that operates in full
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`power and low power modes, and that stores, during the low power mode, the
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`transmission parameters needed in full power mode. Ex. 1003 at p. 25.
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`B.
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`Summary of Yamano
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`Just like Bowie, Yamano also teaches modems that transfer “packet-based
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`data or other information . . . on a communication channel.” Ex. 1006 at 1:10-13;
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`Ex. 1003 at p. 25. These modems include a transmitter circuit and a receiver
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`circuit, which are components of a transceiver. Ex. 1006, Figs. 1, 3. And just like
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`an ADSL unit in Bowie, the modems in Yamano may be “xDSL modems [that] are
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`collected together in a central office to provide data communications to a number
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`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
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`of remote locations.” Ex. 1006 at 2:17-20; Ex. 1003 at p. 25-26.
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`Yamano, however, differs from Bowie in that it teaches that transmit and
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`receive circuitry can be powered separately; that is, the transmit and receive
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`circuitry can enter into a reduced processing mode independent of one another. Ex.
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`1003 at p. 26. For example, Yamano teaches that receive circuitry in a modem can
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`operate in both a “full processing mode” and a “reduced processing mode.” Ex.
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`1006 at 14:25-33. The receiver is in its full processing mode “[u]pon detecting the
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`easily detected signal” where it “perform[s] full demodulation on the incoming
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`RECEIVE signal,” and the receiver is in its reduced processing mode in “the
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`absence of the easily detected signal.” Ex. 1006 at 14:25-33. When in reduced
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`processing mode, the receive circuit disables a number of components because
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`“there is no packet data being received.” Ex. 1006 at 14:33-42. This disabling of
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`components results in reduced power consumption. Ex. 1006 at 15:51-55. An
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`example receiver circuit taught in Yamano is reproduced below:
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`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
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`Ex. 1006, Fig. 3.
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`While Yamano’s receive circuit is in its reduced processing mode, the
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`corresponding transmit circuit can continue to operate. Ex. 1003 at p. 27. This is
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`indicated in Yamano in two ways. First, Yamano teaches that its transmit and
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`receive circuitry operate in full-duplex mode where each can transmit and receive
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`independent of the other. Ex. 1003 at p. 27. Second, Yamano teaches that “the
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`local transmitter circuit associated with receiver circuit 400 will not be
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`continuously transmitting” and as a result, the echo canceler in the receive circuit
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`can be reduced, “thereby further reducing the processing requirements of the
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`receiver circuit.” Ex. 1006 at 15:63-16:5. Consequently, Yamano’s transmit circuit
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`can continue to transmit while its corresponding receive circuit is not receiving,
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`and thus is in its reduced processing mode. Ex. 1003 at p. 27.
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`To facilitate its reduced power mode, Yamano teaches that the transmit and
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`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
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`receive circuitry can continue to transmit and receive signals with a remote system
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`in order to indicate that data is about to be sent. Ex. 1003 at p. 28. For example,
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`“the transmitter circuit transmits a predetermined non-idle state signal to indicate
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`that packet data is about to be transmitted, and then transmits the packet data.” Ex.
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`1006 at 13:53-62. “Upon detecting the easily detected signal, non-idle detector 401
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`enables the full processing mode of receiver circuit 400, thereby causing receiver
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`circuit 400 to perform full demodulation on the incoming RECEIVE signal.” Ex.
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`1006 at 14:25-29. This signal can sent based on a “periodic poll or some other
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`timing signal . . . to maintain synchronization of these time intervals between
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`receiver circuit 400 and the remote transmitter circuit.” Ex. 1006 at 15:29-32.
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`Thus, Yamano describes transmit and receive circuitry in a modem that can
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`operate in a reduced power consumption mode while a synchronization signal is
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`transmitted and received during this reduced processing mode. Ex. 1003 at p. 28.
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`C. Modem States in Bowie and Yamano
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`The diagrams below illustrate the various modem states based on the
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`teaching of Bowie and Yamano. As discussed above, Bowie teaches that a modem
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`can either be operating in a full-power mode or a low-power mode. Ex. 1003 at p.
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`28. In the full-power mode, the transmit and receive circuitry in the modem are
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`active and the link between the COT and CPE modems is transmitting and receive
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`data. Ex. 1003 at p. 28. In the low-power mode, the transmit and receive circuitry
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`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
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`are shut down and the link between modems is not actively transmitting or
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`receiving data. Ex. 1003 at p. 28-29. The diagram below illustrates these two
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`states:
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`Modem States in Bowie
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`Receive Circuit
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`Transmit Circuit
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`COT Modem
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`Full Power
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`Full Power
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`Transmit Circuit
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`Receive Circuit
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`CPE Modem
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`Full Power Mode
`(Transmitters and Receivers are active)
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`Receive Circuit
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`Transmit Circuit
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`COT Modem
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`Low Power
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`Low Power
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`Transmit Circuit
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`Receive Circuit
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`CPE Modem
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`Low Power Mode
`(Transmitters and Receivers are inactive)
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`
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`Ex. 1003 at p. 29.
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`Yamano differs from Bowie in that the transmit circuitry of a modem is shut
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`down when not transmitting data and the receive circuitry of the modem is shut
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`down when not receiving data. Ex. 1006 at 13:56-65, 14:25-42, 15:63-16:5. Ex.
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`1003 at p. 29. This is possible because the transmit and receive circuitry in
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`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
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`Yamano operate independently in a full-duplex mode where transmitting and
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`receiving can be performed simultaneously. Ex. 1006 at 2:49-53; Ex. 1003 at p. 29-
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`30. Based on these teachings, Yamano’s modem can operate in four states as
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`illustrated in the diagram below:
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`Modem States in Yamano
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`Receive Circuit
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`Transmit Circuit
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`COT Modem
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`Full Power
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`Full Power
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`Transmit Circuit
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`Receive Circuit
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`CPE Modem
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`Full Power Mode
`(Transmitters are active and transmitting data)
`(Receivers are active and receiving data)
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`Receive Circuit
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`Transmit Circuit
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`COT Modem
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`Low Power
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`Low Power
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`Transmit Circuit
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`Receive Circuit
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`CPE Modem
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`Low Power Mode
`(Transmitters are not active and are not transmitting data)
`(Receivers are not active and are not receiving data)
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`Petition for Inter Partes Review of U.S. Patent No. 9,094,268
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`Receive Circuit
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`Transmit Circuit
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`COT Modem
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`Full Power
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`Low Power
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`Transmit Circuit
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`Receive Circuit
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`CPE Modem
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`Low Power Mode
`(CPE Transmitter is transmitting and COT Receiver is receiving)
`(CPE Receiver is deactivated and COT transmitter is not transmitting)
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`Receive Circuit
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`Transmit Circuit
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`COT Modem
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`Low Power
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`Full Power
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`Transmit Circuit
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`Receive Circuit
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`CPE Modem
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`Low Power Mode
`(COT Receiver is deactivated and CPE transmitter is not transmitting)
`(COT Transmitter is transmitting and CPE Receiver