`
`Contents
`I.
`Expert background
`
`II. Materials considered
`
`III.
`
`IV.
`
`Level of Ordinary Skill in the Art
`
`Term constructions
`
`V. Technical background
`
`V.A.
`
`“Direct conversion”
`
`“Reduced intersymbol interference coding” and “lowering signal detection error through reduced
`V.B.
`intersymbol interference coding”
`
`V.B.1.
`
`Discussion of “intersymbol interference”
`
`V.B.2.
`
`Discussion of “coding”
`
`V.B.3.
`
`Discussion of “signal detection error”
`
`V.C.
`
`Interleaving
`
`V.D.
`
`“Differential phase shift keying (DPSK)”
`
`VI.
`
`Continuity
`
`VI.A.
`
`“Direct conversion module”
`
`VI.A.1.
`
`“Direct conversion module” in the ’391 patent claims
`
`VI.A.2.
`
`“Direct conversion module” in the 2003 application
`
`“Reduced intersymbol interference coding” and “lowering signal detection error through reduced
`VI.B.
`intersymbol interference coding”
`
`VI.B.1.
`
`“Reduced intersymbol interference coding” in the ’391 patent claims
`
`VI.B.2.
`
`“Reduced intersymbol interference coding” in the 2003 application
`
`VI.C.
`
`“Differential phase shift keying (DPSK)”
`
`VI.C.1.
`
`“DPSK” in the ’391 patent claims
`
`VI.C.2.
`
`“DPSK” in the 2003 application
`
`VII.
`
`The ’196 Publication
`
`VII.A.
`
`Packet
`
`VII.A.1.
`
`“Packet” in the ’391 patent claims
`
`VII.A.2.
`
`“Packet” in the ’196 publication
`
`VII.A.2.1.
`
`Signal detection, timing and synchronization
`
`VII.A.2.2.
`
`Interleaving
`
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`Moring ’391 Declaration
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`page i
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`1
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`2
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`3
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`3
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`4
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`6
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`SONY Exhibit - 1012 - 0001
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`

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`VII.A.2.3.
`
`The ’196 publication disclosure makes use of packets obvious
`
`VII.B.
`
`“Virtually free from interference”
`
`VII.B.1.
`
`“Virtually free from interference” in the ’391 patent claims
`
`VII.B.2.
`
`“Virtually free from interference” in the ’196 publication
`
`VIII.
`
`Conclusion
`
`Attachment 1: John Moring CV
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`25
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`28
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`Moring ’391 Declaration
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`page ii
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`SONY Exhibit - 1012 - 0002
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`

`

`
`
`
`
`1.
`
`2.
`
`I, John Moring, hereby declare:
`
`I have personal knowledge of the facts set forth herein, and if called as a witness in a legal proceeding
`
`in the United States, or elsewhere, could and would testify competently thereto. All statements made herein on
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`my personal knowledge are true, and those statements made on information and belief are believed to be true.
`
`3.
`
`I have been asked to address and offer opinions on the technology claimed in U.S. Patent No.
`
`8,131,391 B2 (“the ‟391 patent”).
`
`4.
`
`I am being compensated at my customary hourly rate for the time spent on developing, forming, and
`
`expressing the facts and opinions in this declaration. I have no personal interest in the ultimate outcome of any
`
`related proceedings.
`
`I. Expert background
`
`5.
`
`I earned my Bachelor of Science degree in Electrical Engineering in 1981 from the University of
`
`Cincinnati, with specialization in computers and communications. I earned my Master of Science degree in
`
`Electrical Engineering in 1983 from the University of Southern California (as a Hughes Fellow), with
`
`specialization in communications and signal processing. I have worked in the field continuously since 1981.
`
`6.
`
`In the early 1980s, I developed and simulated algorithms for advanced portable military wireless
`
`networks at Hughes Aircraft. In the late 1980s, I developed and fielded Internet hardware and applications for
`
`military use while at TRW. In the early 1990s, I developed standards and products for dynamic management of
`
`satellite communication systems at Titan Linkabit. In the mid-1990s, I contributed to the first cellular Internet
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`products, and related projects at Pacific Communication Sciences, Inc.
`
`7.
`
`Since 1997 I have consulted in the field full time. Projects are too numerous to list, but include working
`
`with wireless location technologies from the late 1990s, including designing and overseeing some of the first
`
`field trials of handset location technologies (including GPS) for cellular carriers, and contributing to the
`
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`Moring ’391 Declaration
`
`page 1
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`SONY Exhibit - 1012 - 0003
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`

`

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`standards that described operation of that equipment. I have worked a number of projects involving Bluetooth
`
`technology, notably consulting to the Bluetooth Special Interest Group continuously from 2000 through 2007. In
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`this role I supported the qualification and testing efforts and reviewed the specifications released in this period.
`
`8.
`
`More recent projects include authoring standards for, and otherwise supporting development of,
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`wireless communications for future intelligent highway deployments.
`
`9.
`
`I have taught communications courses for the University of Wisconsin-Madison and the University of
`
`California-San Diego. I have presented at major technical conferences and contributed to texts in the field. I
`
`have thirteen US patents granted in my name, with others pending in the US and internationally. Please see
`
`Attachment 1 for a complete CV.
`
`II. Materials considered
`
`10.
`
`In the course of developing this declaration, I examined the following materials.
`
` Appl. No.: 10/027,391 (“the 2001 application”) as originally filed, published as Pub. No. US
`
`2003/0118196 A1 (“the ‟196 publication”)
`
` Appl. No.: 10/648,012 (“the 2003 application”) as originally filed
`
` U.S. Patent No. 8,131,391 B2 (“the ‟391 patent”)
`
` Order No. 12 Construing Terms of the Asserted Patents, Inv. No. 337-TA-943, July 24, 2015 (“ITC
`
`claim constructions”)
`
` Judgment on Appeal from the United States International Trade Commission in Investigation No. 337-
`
`TA-943, June 12, 2017 (“Federal Circuit Opinion”).
`
`
`
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`Moring ’391 Declaration
`
`page 2
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`SONY Exhibit - 1012 - 0004
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`

`

`III. Level of Ordinary Skill in the Art
`
`
`
`11.
`
`The order containing the ITC claim constructions includes a ruling that a person of ordinary skill in the
`
`art would have a Bachelor of Science degree in electrical engineering or a related field, and around two years
`
`of experience in the design or implementation of wireless communications systems, or the equivalent, or six
`
`years of experience in the design or implementation of wireless communications systems, or the equivalent. My
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`education and experience levels exceed these criteria, and did so throughout the time of the applications.
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`Through my career, I have associated with hundreds – perhaps thousands - of engineers meeting these
`
`criteria, including co-workers and colleagues, students and clients, and am very familiar with the level of
`
`knowledge of those meeting this standard.
`
`IV. Term constructions
`
`12.
`
`In my analysis I used the ITC claim constructions for certain terms as stated in Order No. 12:
`
`Term
`
`Construction
`
`“reduced intersymbol interference coding”
`(cl. 1, 2, 3, 4, 5, 6, 10)
`
`“configured for independent code division
`multiple access (CDMA) communication
`operation”
`(cl. 1, 2, 3, 4, 5, 6, 10)
`
`“unique user code” / “unique user code bit
`sequence”
`(cl. 1, 2, 3, 4, 5, 6, 10)
`
`“direct conversion module”
`(cl. 1, 2, 3, 4, 5, 6, 10)
`
`“coding that reduces intersymbol interference”
`
`“configured for code division multiple access (CDMA)
`communication operation performed independent of any
`central control”
`
`“fixed code (bit sequence) specifically associated with one
`user of a device(s)”
`
`“a module for converting radio frequency to baseband or
`very near baseband in a single frequency conversion without
`an intermediate frequency”
`
`
`13.
`
`Based on the Federal Circuit decision, I have been directed to use in my analysis the following
`
`meaning for the claim elements containing the phrase “virtually free from interference ….”
`
`
`Moring ’391 Declaration
`
`page 3
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`SONY Exhibit - 1012 - 0005
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`

`

`
`
`Term
`
`Construction
`
`“virtually free from interference” (“virtually
`free from interference from device
`transmitted signals operating in the
`[portable wireless digital audio system/
`wireless headphone/wireless digital audio
`system/digital wireless audio receiver]
`spectrum.”)
`(cl. 1, 2, 3, 4, 5, 6, 10)
`
`
`
`V. Technical background
`
`“free from interference such that eavesdropping on device
`transmitted signals operating in the [portable wireless digital
`audio system/ wireless headphone/wireless digital audio
`system/ digital wireless audio receiver] spectrum cannot
`occur.”
`
`14.
`
`In support of the discussions in subsequent sections, here I provide some background on relevant
`
`terms and technologies.
`
`V.A.
`
`“Direct conversion”
`
`15.
`
`A radio system‟s general purpose is to deliver information from a transmitter to a receiver over the air,
`
`using electromagnetic radio-frequency (RF) energy. The transmitter takes the original information (e.g., a digital
`
`packet representing text or audio) and overlays it on a radio “carrier” wave at a much higher frequency, a
`
`process known as modulation. The resulting modulated radio signal is then sent over the air through the
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`transmitter antenna. The original information signal, before modulation, is known as a “baseband” signal, since
`
`the frequency “band” it occupies is near zero (in units of Hertz, or cycles per second).
`
`16.
`
`A radio receiver‟s general purpose is to convert electromagnetic radio frequency energy, sensed by the
`
`receive antenna, into a signal from which the original information can be extracted. In doing so, it must separate
`
`the original baseband signal from the RF carrier. There are multiple solutions to achieving this objective. One
`
`class of solutions involves multiple stages of conversion (“heterodyne”), where the signal is first transformed to
`
`an intermediate frequency (IF), and then to baseband. Another class of solutions is direct conversion
`
`(“homodyne”), where no intermediate frequency is used. (Note that in either case, the RF carrier is removed, as
`
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`Moring ’391 Declaration
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`page 4
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`SONY Exhibit - 1012 - 0006
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`

`

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`the desired information is in the baseband signal.) A design tradeoff between these two approaches is that the
`
`direct conversion approach requires less circuitry, but higher precision and therefore more costly components,
`
`compared to the multi-stage conversion approach.
`
`17.
`
`See Figure 1 through Figure 3 below for illustrations of conversions at the transmitter and the two
`
`classes of receiver described. (I produced each of the figures in this declaration to help illustrate the technical
`
`topics under discussion.)
`
`Figure 1: Conversion at the transmitter
`
`Figure 2: Direct conversion at the receiver
`
`
`
`
`
`Figure 3: Multi-stage conversion at the receiver
`
`
`
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`
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`Moring ’391 Declaration
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`page 5
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`Baseband Signal
`
`RF Carrier
`
`Conversion
`at
`Transmitter
`
`Modulated RF Signal
`to Antenna
`
`0
`
` Frequency RF
`
`0
`
` Frequency RF
`
`Modulated RF Signal
`from Antenna
`
`Conversion
`at Direct
`Conversion
`Receiver
`
`Baseband Signal
`
`0
`
` Frequency RF
`
`0
`
` Frequency RF
`
`Modulated RF Signal
`from Antenna
`
`Conversion 1
`at Multistage
`Receiver
`
`Intermediate
`Frequency Signal
`
`Conversion 2
`at Multistage
`Receiver
`
`Baseband Signal
`
`0
`
` Frequency RF
`
`0
`
` Frequency RF
`
`0
`
` Frequency RF
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`SONY Exhibit - 1012 - 0007
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`

`

`V.B.
`
`“Reduced intersymbol interference coding” and “lowering signal detection error through
`
`
`
`reduced intersymbol interference coding”
`
`V.B.1.
`
`Discussion of “intersymbol interference”
`
`18.
`
`Intersymbol interference (ISI) refers to a phenomenon where a radio signal interferes with itself,
`
`causing problems for the receiver. (“Symbol” refers to one modulation unit in the information-carrying signal,
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`used to represent one or more bits.) One symbol, shifted in time as described below, can interfere with
`
`neighboring symbols. A situation where this can occur is when multiple versions of the transmitted signal arrive
`
`at the receiver antenna at different times via different paths.
`
`19.
`
`Consider the illustrated example in Figure 4 below. Because of blockage, there is no direct path from
`
`transmitter T to receiver R. However, the transmitted signal may take two reflected paths, resulting in two
`
`versions of the signal, S1 and S2, arriving at the receiver. Because of the path length differences, S2 will arrive
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`slightly later in time than S1. When S1 and S2 arrive at a single receive antenna, the receiver can not easily
`
`distinguish between them, as it detects only the sum of the two signals.
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`
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`Moring ’391 Declaration
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`page 6
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`SONY Exhibit - 1012 - 0008
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`

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`Figure 4: Multiple signal paths from transmitter to receiver
`
`
`
`
`
`20.
`
`Now consider Figure 5. A rectangular waveform is used for simplicity; the effects are similar for any
`
`waveform. In this extreme example, where each symbol represents one bit of information, S2 is delayed exactly
`
`one-half symbol‟s duration relative to S1, and both versions of the signal arrive at the receiver with identical
`
`power. We see that the receiver, sensing the combined signal S1+S2, loses much of the information in the
`
`original transmitted signal. (Another term for signal delay is phase shift.) The first half of Symbol 1 arrives
`
`unaffected. However, the second half of Symbol 1 is completely cancelled out when S1 and S2 are summed
`
`over that time duration. This first half of Symbol 2 is actually reinforced by the summing. However, the second
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`half of Symbol 2 is again cancelled out, as is the whole of Symbol 3. This extreme case is useful for illustration;
`
`luckily, real-world intersymbol interference is seldom this severe! In situations where the time offsets and power
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`Moring ’391 Declaration
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`page 7
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`T
`
`S2
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`R
`
`S1
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`SONY Exhibit - 1012 - 0009
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`

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`levels are more random, the resulting distorted combined signal may still cause the receiver to fail to correctly
`
`interpret received symbols.
`
`Figure 5: Intersymbol interference example
`
`
`
`
`
`21.
`
`Consider a second illustration of ISI in Figure 6 below. We again represent signals as rectangular
`
`waves for simplicity. We now have three signal paths, S1, S2, and S3, each with a delay of a fraction of a
`
`symbol. In this case, we don‟t see the signal cancellation observed in the previous example, but we do see a
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`“smearing” of the symbol shapes, as different versions of the symbols are received over time. The resulting
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`received signal S1+S2+S3 is more difficult for the receiver to interpret, and more likely to result in errors.
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`Moring ’391 Declaration
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`page 8
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`time
`
`Symbol 1
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`Symbol 2
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`Symbol 3
`
`Symbol 1
`
`Symbol 2
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`Symbol 3
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`Symbol 1
`
`Symbol 2
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`Symbol 3
`
`Symbol 1
`
`Symbol 2
`
`Symbol 3
`
`Transmitted
`signal
`
`S1
`
`S2
`
`Received
`signal
`S1+S2
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`SONY Exhibit - 1012 - 0010
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`

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`Figure 6: Intersymbol interference example 2
`
`
`
`22.
`
`The above examples illustrate ISI caused by a time-dispersion of the signal due to multi-path
`
`reflections. ISI may also be caused by other phenomena, including non-linearity in the radio channel or
`
`equipment.
`
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`Moring ’391 Declaration
`
`page 9
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`Symbol 1
`
`Symbol 2
`
`Symbol 3
`
`Transmitted
`signal
`
`time
`
`S1
`
`S2
`
`S3
`
`Received
`signal
`S1+S2+S3
`
`Symbol 1
`
`Symbol 2
`
`Symbol 3
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`SONY Exhibit - 1012 - 0011
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`

`

`V.B.2.
`
`Discussion of “coding”
`
`
`
`23.
`
`There are numerous types of codes and coding used in communications. One class of coding is error
`
`correction coding. As the name implies, these codes help recover from problems that would otherwise cause a
`
`receiver to miss, or incorrectly interpret, information intended for it by the transmitter. Such problems typically
`
`arise from radio frequency noise mixing with and corrupting the desired signal at the receiver antenna. With
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`error correction coding, the original information bits are supplemented and/or modified in a specific manner that
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`can be interpreted by the receiver and used to recover lost information. A simple, inefficient error correcting
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`code might repeat each bit of information three times, so that if at least two of the bits are received correctly,
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`the original information is recoverable.
`
`24.
`
`Convolutional encoding is a common subcategory of error correction encoding, where redundancy is
`
`added to allow a receiver to correctly interpret bits that would otherwise be received in error. A convolutional
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`encoder may be described in terms of a rate n/k (where the code produces k output bits for every n original
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`bits), a depth K (where the value of each output bit is affected by the value of K consecutive input bits), and a
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`polynomial which represents the code. While convolutional encoding/decoding, mentioned in the 2003
`
`application, mitigates bit errors, it does not mitigate signal detection errors as described in V.B.3.
`
`V.B.3.
`
`Discussion of “signal detection error”
`
`25.
`
`Before a radio receiver can interpret the information in a received signal, it must detect that there is
`
`valid information to be interpreted. A receiver‟s antenna is continuously sensing energy from its surroundings,
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`and it can be a challenge to differentiate between a valid signal and random noise (or another spurious signal).
`
`Typically, system designers use some easily-recognizable bit sequence, sometimes called a preamble, to
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`indicate the beginning of a transmission. In the success scenario, this allows receivers to detect and
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`synchronize to that preamble before the actual user information arrives. In a second scenario, the receiver fails
`
`to recognize the preamble and thus fails to process the following information of interest. In a third scenario, the
`
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`Moring ’391 Declaration
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`page 10
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`SONY Exhibit - 1012 - 0012
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`

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`
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`receiver incorrectly interprets the background noise at some point in time as an instance of the preamble signal,
`
`and tries to extract usable information from the noise that follows, potentially delivering nonsense bits to its user
`
`(or perhaps missing a subsequent valid transmission while it was trying to interpret the spurious one). These
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`last two scenarios represent signal detection errors. These are distinct from bit errors, where the signal is
`
`properly detected, but some of the information is lost or interpreted incorrectly.
`
`V.C.
`
`Interleaving
`
`26.
`
` Interleaving refers to the reordering of information bits by an interleaver before transmission. Bits are
`
`de-interleaved by the corresponding de-interleaver, i.e., returned to their original order, on reception. The
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`rationale for interleaving has to do with the nature of typical radio channels. Error correcting codes are typically
`
`capable of correcting a finite number of bit errors within a fixed length – the length of the “code word.” Radio
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`channel impairments are often bursty, meaning that errors are often clumped in time (due for example to
`
`temporary blockage or interference in a dynamic channel). Thus, in bursty conditions, without interleaving,
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`some code words exceed their error threshold, while others have no errors at all. Interleaving results in errors
`
`spread more evenly over time and across code words, giving the error correction algorithm a better chance to
`
`correct more of the errors.
`
`27.
`
`Consider the conceptual illustration of interleaving in Figure 7. In step 1, source data is collected at the
`
`transmitting unit, in bits numbered 1–40. In step 2, the data is separated into blocks of appropriate size for the
`
`forward error correction (FEC) algorithm. In step 3, FEC is applied, symbolized by the blue shading. This
`
`particular FEC algorithm is capable of correcting up to two bit errors per 8-bit word. In step 4, the transmitter
`
`interleaver scrambles the bit order via a predetermined sequence. The bits are then transmitted in step 5.
`
`28.
`
`In step 6, a burst of 6 sequential bits is impaired during transmission and interpreted in error by the
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`receiver, as symbolized by red shading. After receipt, the bits are returned to their original order in the de-
`
`interleaver in step 7. We see in this example that no more than two bit errors now occur in any code word.
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`Moring ’391 Declaration
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`page 11
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`SONY Exhibit - 1012 - 0013
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`Thus, all the original bits values are recovered via FEC decoding in step 8, and the original bit steam is
`
`recreated error-free.
`
` Figure 7: Interleaving example
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`Moring ’391 Declaration
`
`page 12
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`1. Original bit stream
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`1
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`2
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`3
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`4
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`5
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`6
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`7
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`8
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`9
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`10
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`11
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`12
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`13
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`14
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`15
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`16
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`17
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`18
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`19
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`20
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`21
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`22
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`23
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`24
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`25
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`26
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`27
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`28
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`29
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`30
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`31
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`32
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`33
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`34
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`35
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`36
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`37
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`38
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`39
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`40
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`2. Separated into code words
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`3. FEC coded
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`4. Interleaved
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`1
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`2
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`3
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`4
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`5
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`6
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`7
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`8
`
`1
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`2
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`3
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`4
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`5
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`6
`
`7
`
`8
`
`33
`
`17
`
`12
`
`38
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`21
`
`1
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`8
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`16
`
`9
`
`10
`
`11
`
`12
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`13
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`14
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`15
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`16
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`9
`
`10
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`11
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`12
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`13
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`14
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`15
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`16
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`26
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`30
`
`11
`
`35
`
`18
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`10
`
`6
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`25
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`24
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`17
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`18
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`19
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`20
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`21
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`22
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`23
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`24
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`17
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`18
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`19
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`20
`
`21
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`22
`
`23
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`27
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`37
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`24
`
`3
`
`5
`
`19
`
`13
`
`34
`
`25
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`26
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`27
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`28
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`29
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`30
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`31
`
`32
`
`25
`
`26
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`27
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`28
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`29
`
`30
`
`31
`
`32
`
`31
`
`40
`
`2
`
`9
`
`22
`
`29
`
`7
`
`28
`
`33
`
`34
`
`35
`
`36
`
`37
`
`38
`
`39
`
`40
`
`33
`
`34
`
`35
`
`36
`
`37
`
`38
`
`39
`
`40
`
`36
`
`20
`
`39
`
`14
`
`4
`
`23
`
`15
`
`32
`
`5. Transmitted
`
`33
`
`38
`
`21
`
`26
`
`30
`
`35
`
`25
`
`27
`
`37
`
`24
`
`34
`
`31
`
`40
`
`22
`
`29
`
`28
`
`36
`
`39
`
`23
`
`32
`
`17
`
`12
`
`1
`
`8
`
`16
`
`11
`
`18
`
`10
`
`6
`
`3
`
`5
`
`19
`
`13
`
`2
`
`9
`
`7
`
`20
`
`14
`
`4
`
`15
`
`6. Received
`
`33
`
`17
`
`12
`
`38
`
`21
`
`1
`
`8
`
`16
`
`26
`
`30
`
`11
`
`35
`
`18
`
`10
`
`6
`
`25
`
`27
`
`37
`
`24
`
`3
`
`5
`
`19
`
`13
`
`34
`
`31
`
`40
`
`2
`
`9
`
`22
`
`29
`
`7
`
`28
`
`36
`
`20
`
`39
`
`14
`
`4
`
`23
`
`15
`
`32
`
`7. De-interleaved
`
`8. Decoded
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`12
`
`13
`
`14
`
`15
`
`16
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`9
`
`10
`
`11
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`29
`
`30
`
`31
`
`32
`
`25
`
`26
`
`27
`
`28
`
`29
`
`30
`
`31
`
`32
`
`33
`
`34
`
`35
`
`36
`
`37
`
`38
`
`39
`
`40
`
`33
`
`34
`
`35
`
`36
`
`37
`
`38
`
`39
`
`40
`
`9. Output bit stream
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`29
`
`30
`
`31
`
`32
`
`33
`
`34
`
`35
`
`36
`
`37
`
`38
`
`39
`
`40
`
`SONY Exhibit - 1012 - 0014
`
`

`

`V.D.
`
` “Differential phase shift keying (DPSK)”
`
`
`
`29.
`
`Phase shift keying is one of three general classes of modulation. Modulation is the process of
`
`overlaying baseband information (perhaps in the form of a digital packet consisting of a collection of ones and
`
`zeros) onto an RF carrier wave as mentioned in V.A. Changes (modulations) are made to the carrier wave to
`
`represent the data in the baseband signal. Other primary classes of modulation are amplitude modulation (AM)
`
`and frequency modulation (FM).
`
`30.
`
`In AM, the power of the RF signal is adjusted, where for example a momentary higher power
`
`represents a “one” and a momentary lower power represents a “zero.”
`
`31.
`
`In FM, the frequency of the RF signal is adjusted, where for example a momentary higher frequency
`
`represents a “one” and a momentary lower frequency represents a “zero.”
`
`32.
`
`Phase shift keying modulates the shape of the RF carrier wave. For example, a carrier wave
`
`momentarily reversed in polarity could represent a “one” while no reversal, or shift, could represent a “zero.”
`
`“Differential” phase shift keying indicates one of multiple rules for how bit values are indicated by specific phase
`
`shifts.
`
`33.
`
`Examples of digital amplitude and phase shift keying are illustrated in Figure 8 below. Information bit
`
`changes occur on the dotted lines, with the resulting changes in the modulated signal shown for amplitude and
`
`phase modulation. In this amplitude-modulated example, a value “one” is indicated by a higher power level and
`
`a “zero” is indicated by a lower power level. In this phase-modulated example, a value “1” is indicated by a 180
`
`degree shift in the signal, i.e., a reversal in polarity. A “0” is indicated in this example by no phase shift. Other
`
`phase modulation schemes would result different modulated signals.
`
`
`Moring ’391 Declaration
`
`page 13
`
`SONY Exhibit - 1012 - 0015
`
`

`

`
`
`
`
`
`
`Figure 8: Modulation examples
`
`
`
`
`Moring ’391 Declaration
`
`page 14
`
`Unmodulated carrier wave
`
`Amplitude-modulated wave
`
`Phase-modulated wave
`
`0
`
`1
`
`0
`
`0
`
`1
`
`1
`
`Data
`
`SONY Exhibit - 1012 - 0016
`
`

`

`VI. Continuity
`
`
`
`34.
`
`In this section I consider several claim elements found in the ‟391 patent claims and determine whether
`
`they are also found, either expressly or inherently, in the 2003 application. Specifically, I was asked to consider
`
`claims 1, 2, 3, 4, 5, 6, and 10 (“challenged claims”) of the „391 patent. The terms are listed here and discussed
`
`individually in the following subsections.
`
`
`
`“Direct conversion module”
`
`
`
`“Reduced intersymbol interference coding” and “lowering signal detection error through reduced
`
`intersymbol interference coding”
`
`
`
`“Differential phase shift keying” (DPSK)
`
`35.
`
`Each of the ‟391 patent claim in question is independent. Each claim includes at least two of the terms
`
`under consideration, as summarized in the table below.
`
`Claim
`
`Dependence
`
`“Direct conversion
`module”
`
`
`“Reduced intersymbol
`interference coding”
`
`
`“DPSK”
`
`1
`2
`3
`4
`5
`6
`10
`
`
`Indep.
`Indep.
`Indep.
`Indep.
`Indep.
`Indep.
`Indep.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`VI.A.
`
`“Direct conversion module”
`
`36.
`
`Please see section V.A for a general discussion of direct conversion.
`
`
`Moring ’391 Declaration
`
`page 15
`
`SONY Exhibit - 1012 - 0017
`
`

`

`VI.A.1.
`
`“Direct conversion module” in the ’391 patent claims
`
`
`
`37.
`
`The ‟391 patent incorporates the phrase “a direct conversion module configured to capture packets and
`
`the correct bit sequence within the packets” in each of the challenged claims (1-6, 10) as shown in the following
`
`table (emphasis added).
`
`Claim
`1, 2, 3, 4, 5, 6, 10
`
`
`
`Relevant Excerpt
`“…a direct conversion module configured to capture packets and the correct bit
`sequence within the packets….”
`
`VI.A.2.
`
`“Direct conversion module” in the 2003 application
`
`38.
`
` “Direct conversion module” does not appear in the 2003 application, nor does anything resembling it.
`
`The 2003 application includes a generic “receiver” 50, with no indication of what conversion methodology it
`
`employs. There is a statement that “The FAWM system converts the audio music signal that may be supplied
`
`by the source, into a digital signal. This conversion takes place in the small battery powered transmitter that
`
`connects to the headphone jack of the source.” However, this is a conversion of an audio signal to a digital
`
`signal at the transmitter, rather than converting the RF signal at the receiver.
`
`39.
`
`“Direct conversion module” is not inherent in the specification, as there are multiple options for receiver
`
`design as described above. Nothing in the specification of the 2003 application would lead one skilled in the art
`
`to associate direct conversion or a “direct conversion module” with the system specified.
`
`VI.B.
`
`“Reduced intersymbol interference coding” and “lowering signal detection error through
`
`reduced intersymbol interference coding”
`
`40.
`
`Please see section V.B for a general discussion of intersymbol interference.
`
`
`Moring ’391 Declaration
`
`page 16
`
`SONY Exhibit - 1012 - 0018
`
`

`

`VI.B.1.
`
`“Reduced intersymbol interference coding” in the ’391 patent claims
`
`
`
`41.
`
`The ‟391 patent incorporates the phrase “reduced intersymbol interference coding” in each of the
`
`challenged claims (1-6 and 10) as shown in the following table (emphasis added). In addition, claims 3 and 4
`
`include the element “an encoder operative to encode said original audio signal representation to reduce
`
`intersymbol interference.” In each claim, the “reduced intersymbol interference coding” element is associated
`
`with “lowering signal detection error.”
`
`Claim
`1, 5, 6, 10
`
`2
`
`3, 4
`
`
`
`Relevant Excerpt
`“…lowering signal detection error through reduced intersymbol interference coding of said
`audio representation signal
`…
`a decoder operative to decode reduced intersymbol interference coding of [said] original
`audio signal representation….”
`“…lowering signal detection error through reduced intersymbol interference coding of said
`audio music representation signal
`…
`a decoder operative to decode the applied reduced intersymbol interference coding of said
`audio music representation signal….”
`“…a encoder operative to encode said original audio signal representation to reduce
`intersymbol interference
`…
`lowering signal detection error through reduced intersymbol interference coding of said
`audio representation signal
`…
`a decoder operative to decode the applied reduced intersymbol interference coding of said
`original audio signal representation….”
`
`VI.B.2.
`
`“Reduced intersymbol interference coding” in the 2003 application
`
`42.
`
`There is no mention of “reduced intersymbol interference coding” in the 2003 application. In fact, there
`
`is no mention of intersymbol interference or any means to reduce it or its effects. Neither is there mention of
`
`“lowering signal detection error” nor anything about “signal detection.”
`
`43.
`
`There is mention in the 2003 application of “interference from any other receiver 50 user” [0011] and
`
`“interference from other users” [0021]. These are obviously distinct from ISI, which does not involve
`
`
`Moring ’391 Declaration
`
`page 17
`
`SONY Exhibit - 1012 - 0019
`
`

`

`
`
`interference among users. There are also several mentions of “noise” (including “channel noise” [0009], “noise,
`
`which includes other FAWM users” [0013], and “additive noise” [0014]). None of these describe or imply ISI.
`
`44.
`
`There is a statement in the 2003 application [0009] “To reduce the effects of channel noise, the battery
`
`powered transmitter 20 may use 20 convolutional encoding, and interleaving.” And a statement [0019] that:
`
`“the fuzzy logic detector used in the battery powered headset receiver 50 greatly reduces
`the unique user code bit error probability. The fuzzy logic detector technique, combined
`with convolutional error detection and correction techniques, may enable the FAWM
`system 10 to operate in most any environment.”
`
`
`
`The explicit association of convolutional encoding with channel noise and environmental characteristics makes
`
`it clear that the convolutional encoding is not targeting intersymbol interference. Nothing in the 2003 application
`
`indicates that any of the techniques described therein relate to any “reduced intersymbol interference coding” or
`
`“lowering signal detection error.”
`
`45.
`
`“Manchester encoding/decoding” is mentioned at [0014] in the 2003 application, but this refers to a
`
`method for representing bit information (wherein each bit is represented by either low-then-high or high-then-
`
`low voltage values) and does not involve any system performance enhancement.
`
`46.
`
`In summary, the claim elements “reduced intersymbol interference coding” and “lowering signal
`
`detection error through reduced intersymbol interference coding” are not found, expressly or inherently, in the
`
`2003 application.
`
`VI.C.
`
` “Differential phase shift keying (DPSK)”
`
`47.
`
`Please see section V.C for a general discussion of DPSK.
`
`VI.C.1.
`
`“DPSK” in the ’391 patent claims
`
`48.
`
`Claim 4 of the ‟391 patent includes the limitation of “differential phase shift keying (DPSK),” as shown in
`
`the following table (emphasis added).
`
`
`Moring ’391 Declaration
`
`page 18
`
`SONY Exhibit - 1012 - 0020
`
`

`

`
`
`Claim
`4
`
`
`
`Relevant Excerpt
`“…utilizing differential phase shift keying (DPSK) to modulate said original audio signal
`representation….”
`
`VI.C.2.
`
`“DPSK” in the 2003 application
`
`49.
`
`There is no mention of differential phase shift keying, DPSK, or any specific modulation technique in
`
`the 2003 application.
`
`50.
`
`There is a mention of “digital modulated signal” [0009], [0010], “spread spectrum modulation” [0009],
`
`and “creating a spread spectrum signal using a shift register generator to modulate a unique user code” [claim
`
`4]. None of these imply DPSK. Digital modulation is a broad category that includes many types of modulation,
`
`including many types of phase modulation, including DPSK. Spread spectrum modulation may employ DPSK,
`
`or any one of many other types of modulation.
`
`51.
`
`As a point of reference, IEEE Std 802.11-2003 (published in 2003), which is the basis for the popular
`
`(spread spectrum) Wi-Fi technology, specifies multiple forms of modulation, including binary phase shift keying
`
`(BPSK), differential binary phase shift keying (DBPSK), quadrature phase shift keying (QPSK), Gaussian
`
`frequency shift keying (GFSK), pulse position modulation (PPM), complementary code keying (CCK), and
`
`quadrature amplitude modulation (QAM).
`
`52.
`
`Nothing in the specification of the 2003 application would lead one skilled in the art to associate
`
`“differential phase shift keying” or “DPSK” with the system specified. DPSK is neit