throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Haller, et al.
`In re Patent of:
`U.S. Patent No.: 7,039,033
`Issue Date:
`May 2, 2006
`Appl. Serial No.: 09/850,399
`Filing Date:
`May 7, 2001
`Title:
`SYSTEM, DEVICE AND COMPUTER READABLE
`MEDIUM FOR PROVIDING A MANAGED WIRELESS
`NETWORK USING SHORT-RANGE RADIO SIGNALS
`
`
`Atty Docket No.: 39521-0020IP1
`
`
`
`
`
`
`
`
`
`DECLARATION OF DR. SAYFE KIAEI
`
` My name is Dr. Sayfe Kiaei. I understand that I am submitting a
`
`declaration in connection with Inter Partes Review proceedings before the United
`
`States Patent and Trademark Office for U.S. Patent Number 7,039,033 (“the ’033
`
`Patent”).
`
`
`
`I have been retained on behalf of Apple Inc. My compensation is not
`
`based on the outcome of my opinions.
`
` My curriculum vitae (“CV”) is provided as Exhibit 1004.
`
`
`
`I received a Bachelor of Science in Electrical Engineering from
`
`Washington State University in 1982; a Master’s of Science in Electrical and
`
`Computer Engineering from Washington State University in 1987; and a Ph.D. in
`
`Electrical and Computer Engineering from Washington State University in 1987.
`
`
`
`I am a Professor in the School of Electrical, Computer and Energy
`
`Engineering Department at Arizona State University. I have held this position
`
`since 2001. From 2004 to 2017, I was also the Director of the National Science
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`APPLE 1003
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`

`

`Declaration of Dr. Sayfe Kiaei
`U.S. Patent No.: 7,039,033
`Atty Docket No.: 39521-0020IP1
`
`Foundation Center “Connection One,” which is an industry/university cooperative
`
`research center with over thirty industrial members and five university members
`
`focused on developing communication system and networking technologies. I
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`have graduated over 100 MS and PhD students working under my supervision on
`
`their thesis, and many of them are professors in academia, or have senior positions
`
`in the industry. Currently I have 8 MS, PhD and postdoc students working with in
`
`my lab on research related to communication and networking systems, wireless
`
`and wireline systems, RF, and integrated circuits. My research is funded by various
`
`industry, federal agencies including NSF, DARPA, ONR, DOE, etc., with an
`
`average research funding of $1M per year.
`
`
`
`I have been involved with communication and networking systems,
`
`wireless and wireline systems, cellular systems, RF, digital signal processing, and
`
`related areas for the last 30 years starting with the first generation of mobile
`
`phones (analog AMPS mobile phones), 2G, and 3G including GSM, EDGE, IS-
`
`95, 1X CDMA, Wide band CDMA, Bluetooth, GPS, Wireless LAN, and related
`
`areas. I designed the baseband communication system for Motorola’s Talkabout
`
`Radio of which over 100 million are currently in the market place. At Motorola, I
`
`designed systems for DSL, DMT, OFDM, wireline and wireless systems, wireless
`
`networking, 1G-3G, UMTS, GPS and Bluetooth systems.
`
`2
`
`

`

`Declaration of Dr. Sayfe Kiaei
`U.S. Patent No.: 7,039,033
`Atty Docket No.: 39521-0020IP1
`
`
`
`
`From 1987 through 1993, I was a Professor at Oregon State
`
`University (tenured) in the Electrical and Computer Engineering Department. In
`
`my over thirty years of teaching experience, and have taught courses in
`
`networking, communication systems, RF, and electronics.
`
`
`
`From 1993 to 2001, I was a Senior Member of Technical Staff with
`
`the Wireless Technology Center and Broadband Operations at Motorola Inc. where
`
`I was responsible for the development of wireless system, cellular system, RF
`
`integrated circuits, GPS, and Digital Subscriber Lines (DSL) transceivers. From
`
`1985 through 1987, I worked with Boeing on the development of signal processing
`
`and control systems. I have also been a consultant on various projects with Intel
`
`(designing 2G, 3G cellular transceivers), Texas Instrument (developing 3G cellular
`
`and Bluetooth technologies), Sony Wireless (developing GPS technologies),
`
`Tektronics (designing wireless systems), and various other consultancies.
`
`
`
`From 1997-2001 I was the standards technical analyst for Motorola
`
`and attended various standard-setting committees, including ITU, IEEE, and ETSI
`
`related to DSL, OFDM, CDMA, 2G, and 3G systems.
`
`
`
`I have published over a hundred journal and conference papers
`
`covering topics such as communication systems, signal processing, radio
`
`frequency, integrated circuits (IC), filter design, and related areas.
`
`3
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`

`

`Declaration of Dr. Sayfe Kiaei
`U.S. Patent No.: 7,039,033
`Atty Docket No.: 39521-0020IP1
`
`
`
`
`I am an IEEE Fellow, a distinction and highest-level membership
`
`awarded for extraordinary accomplishments. I am a member of IEEE Circuits and
`
`Systems Society, IEEE Solid State Circuits Society, and IEEE Communication
`
`Society, IEEE RF and Microwave committees, IEEE Low Power Symposium
`
`Committee, IEEE Signal Processing Society, IEEE Fellow Selection Committee,
`
`and many other International Electrical Engineering societies. I was one of the key
`
`organizers to establish the IEEE Radio Frequency Integrated Circuits (RFIC)
`
`symposium in 1995 and have been on the executive committee, and technical
`
`committee of RFIC for the last 16 years. The RFIC Symposium has grown and is
`
`now the premier international symposium in the world where the latest RF circuits
`
`and components are presented. I have been involved in several international
`
`conferences in the areas of RF, Communication, Signal Processing, and IC design.
`
`
`
`I have received several awards including the Carter Best Teacher
`
`Award; the IEEE Darlington Award (which is given for the best technical paper on
`
`circuits and systems in the IEEE CAS Society), and the Motorola 10X Rapid
`
`Design Cycle Reduction Award.
`
`
`
`I have reviewed the ’033 Patent, including the claims of the patent in
`
`view of the specification and the file history. In addition, I have reviewed the
`
`following documents:
`
`4
`
`

`

`Declaration of Dr. Sayfe Kiaei
`U.S. Patent No.: 7,039,033
`Atty Docket No.: 39521-0020IP1
`
`
` International Publication No. WO 2001/76154 A2 to Marchand
`(“Marchand”)
` U.S. Patent Application No. 09/541,529 to Marchand (“Marchand Priority”)
` Handley et al., Request For Comments 2543 SIP: Session Initiation
`Protocol, The Internet Society, March, 1999 (“RFC 2543”)
` U.S. Patent No. 6,836,474 to Larsson (“Larsson”)
` K. Arnold et al., The JINITM Specification, Addison-Wesley, June 1, 1999
`(“JINI Spec.”)
` U.S. Patent No. 6,560,642 to Nurmann (“Nurmann”)
` U.S. Patent No. 6,771,635 to Vilander (“Vilander”)
` U.S. Patent Application Publication No. 2002/0068608 to Souissi
`(“Souissi”)
` U.S. Patent No. 6,486,832 to Abramov, et al. (“Abramov”)
` U.S. Patent No. 7,193,965 to Nevo, et al. (“Nevo”)
` U.S. Patent No. 6,556,222 to Narayanaswami (“Narayanaswami”)
` International Publication No. WO 1999/22338 to Williams (“Williams”)
` U.S. Patent No. 7,155,163 to Cannon (“Cannon”)
` 802.11b, “Supplement to IEEE Standard for Information Technology –
`Telecommunications and Information Exchange Between Systems – Local
`and Metropolitan Area Networks – Specific Requirements. Part 11: Wireless
`LAN Medium Access Control (MAC) and Physical Layer (PHY)
`Specifications: Higher-Speed Physical Layer Extension in the 2.4 GHz
`Band,” Print ISBN 0738118117, published January 20, 2000 (“802.11b”)
` IEEE 802.11, “IEEE Standard for Information Technology—
`Telecommunications and Information Exchange Between Systems—Local
`
`5
`
`

`

`Declaration of Dr. Sayfe Kiaei
`U.S. Patent No.: 7,039,033
`Atty Docket No.: 39521-0020IP1
`
`
`and Metropolitan Area Networks—Specific requirements. Part 11: Wireless
`LAN Medium Access Control (MAC) and Physical Layer (PHY)
`Specifications,” ISBN 0-7381-1658-0, published August 20, 1999
`(“802.11”)
` A COLLECTION OF JINI TECHNOLOGY HELPER UTILITIES AND
`SERVICES SPECIFICATIONS (“JINI Collection”)
` U.S. Patent No. 5,465,401 to Thompson (“Thompson”)
` GSM Phase 2+ General Packet Radio Service GPRS: Architecture,
`Protocols, and Air Interface (“Bettstetter”)
` U.S. Patent No. 6,557,037 to Provino (“Provino”)
` U.S. Patent No. 6,028,848 to Bhatia (“Bhatia”)
` U.S. Patent No. 6,185,611 to Waldo, et al. (“Waldo”)
` Bluetooth Specification, Version 1.0B (“Bluetooth Spec.”)
` U.S. Patent No. 6,073,036 to Heikkinen et al. (“Heikkinen”)
` U.S. Patent No. 5,422,656 to Allard et al. (“Allard”)
` U.S. Patent No. 6,801,778 to Koorapaty et al. (“Koorapaty”)
` U.S. Patent No. 5,786,789 to Janky (“Janky”)
` U.S. Patent No. 6,404,761 to Snelling et al. (“Snelling”)
` “Router Plugins: A Software Architecture for Next Generation Routers,”
`Computer Communication Review (1998), vol. 28, No. 4, p. 229-240
`(“Router Plugins”)
` U.S. Patent No. 6,891,820 to Pham, et al. (“Pham”)
` U.S. Patent No. 6,775,258 to van Valkenburg, et al. (“van Valkenburg”)
` U.S. Patent No. 6,463,304 to Smethers (“Smethers”)
` U.S. Patent No. 6,983,310 to Rouse et al. (“Rouse”)
`
`6
`
`

`

`Declaration of Dr. Sayfe Kiaei
`U.S. Patent No.: 7,039,033
`Atty Docket No.: 39521-0020IP1
`
`
` U.S. Patent No. 6,138,022 to Strawczynski et al. (“Strawczynski”)
` U.S. Patent No. 6,754,833 to Black et al. (“Black”)
` U.S. Patent No. 6,580,916 to Weisshaar et al. (“Weisshaar”)
` J. Newmarch, A Programmer’s Guide to Jini Technology, Apress, 2000
`(“Newmarch”)
` U.S. Patent No. 6,728,323 to Chen et al. (“Chen”)
` HIGHLY INTEGRATED SINGLE-CHIP BASEBAND PROCESSOR FOR
`GSM HANDSETS (“Shohara”)
` U.S. Patent No. 6,970,940 to Vogel et al. (“Vogel”)
`
`
`
`
`I have previously submitted a declaration in connection with Inter
`
`Partes Review proceedings before the United States Patent and Trademark Office
`
`for the ’033 Patent. In particular, I have submitted a declaration in connection with
`
`IPR2015-01444 (hereinafter the “IPR Declaration”), submitted as Ex. 1031.
`
` The ’033 Patent issued on May 2, 2006 from U.S. Patent Application
`
`No. 09/850,399 (“’399 application”), which was filed on May 7, 2001. The ’033
`
`Patent does not include a priority claim. During prosecution of the ’399
`
`application, the Applicant asserted a conception date of February 20, 2001. I am
`
`not aware that the Patent Owner has sufficiently demonstrated an invention date
`
`earlier than May 7, 2001, but will assume for the purposes of this declaration, that
`
`the Patent Owner can demonstrate an invention date as of at least February 20,
`
`2001 (the “Critical Date”).
`
`7
`
`

`

`Declaration of Dr. Sayfe Kiaei
`U.S. Patent No.: 7,039,033
`Atty Docket No.: 39521-0020IP1
`
`
` A person of ordinary skill in the art as of the Critical Date (hereinafter
`
`a “POSITA”) would have had a Master’s of Science Degree in an academic area
`
`emphasizing electrical engineering, computer engineering, or computer science (or
`
`a similar technical Master’s Degree, or higher degree) with a concentration in
`
`communication and networking systems or, alternatively, a Bachelor Degree (or
`
`higher degree) in an academic area emphasizing electrical engineering, computer
`
`engineering, or computer science and having two or more years of experience in
`
`communication and networking systems. Additional education in a relevant field,
`
`such as computer science, computer engineering, or electrical engineering, or
`
`industry experience may compensate for a deficit in one of the other aspects of the
`
`requirements stated above.
`
`
`
`I am familiar with the knowledge and capabilities of one of ordinary
`
`skill in the areas mention above, notably including the areas of computer
`
`networking, communication systems, wireless systems, and cellular systems. My
`
`experience working in industry and academia, with undergraduate and post-
`
`graduate students, with colleagues from academia, and with engineers practicing in
`
`industry has allowed me to become directly and personally familiar with the level
`
`of skill of individuals and the general state of the art in these areas. Unless
`
`8
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`

`

`Declaration of Dr. Sayfe Kiaei
`U.S. Patent No.: 7,039,033
`Atty Docket No.: 39521-0020IP1
`
`otherwise stated, my testimony below refers to the knowledge of one of ordinary
`
`skill in the fields as of the Critical Date, or before.
`
` This declaration is organized as follows:
`
`I.
`
`II.
`
`Brief Overview of the ’033 Patent
`
`Terminology
`
`III. Discussion of References
`
`IV. Legal Principles
`
`V. Additional Remarks
`
`I.
`
`Brief Overview of the ’033 Patent
` The ’033 Patent describes a gateway device that provides wireless
`
`communication between a personal area network (PAN) and a wide area network
`
`(WAN), such as the Internet. ’033 Patent at Fig. 1; 4:8-59. A system 100 of the
`
`’033 Patent is illustrated in Figure 1:
`
`9
`
`

`

`Declaration of Dr. Sayfe Kiaei
`U.S. Patent No.: 7,039,033
`Atty Docket No.: 39521-0020IP1
`
`
`
`
` The gateway device 106 is coupled to terminals 107 by short-range
`
`radio signals (using, for example, Bluetooth) to form the PAN. Id. at 4:15-22. The
`
`gateway device 106 is also coupled to the cellular network 105 by cellular signals.
`
`Id. at 4:50-58. The cellular network 105 is coupled to a carrier backbone 104,
`
`which in turn is coupled to the Internet 103. Id. The gateway device 106 has a
`
`“component for accessing information from the Internet responsive to a first
`
`shortrange radio signal” from one of the terminals 107. Id. at Abstract; 2:6-11;
`
`7:30-58. The gateway device also has a “component for obtaining and providing an
`
`availability of a service from” one of the terminals 107. Id. at 2:45-48; 12:9-13:18.
`
`II. Terminology
`
`I am not a lawyer. However, I have been informed that, during an
`
`Inter Partes Review proceeding involving the ’033 Patent, claim terminology is
`
`10
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`

`

`Declaration of Dr. Sayfe Kiaei
`U.S. Patent No.: 7,039,033
`Atty Docket No.: 39521-0020IP1
`
`given the broadest reasonable interpretation at the time of the Critical Date. I have
`
`been informed that this means the claims should be interpreted as broadly as their
`
`terms reasonably allow, but that such interpretation should not be inconsistent with
`
`the patent’s specification and with usage of the terms by a POSITA when
`
`considering the broadest reasonable interpretation. I have used the Critical Date as
`
`the point in time for claim interpretation purposes, although in many cases the
`
`same analysis would hold true even at an earlier time than the Critical Date.
`
`Throughout this declaration, I have applied the ordinary and customary meaning of
`
`terms of the ’033 patent, as viewed under the broadest reasonable interpretation
`
`standard.
`
`III. Discussion of References
`A. Marchand
` Marchand discloses “an ad-hoc network that can be efficiently, easily,
`
`and inexpensively established for a plurality of devices, and a gateway that
`
`provides access through the ad-hoc network to external wireless IP networks.”
`
`Marchand PCT at 4:15-19; Marchand Priority at 6:21–7:2. An example of this
`
`system is shown below in FIG. 3 of Marchand Priority. A similar FIG. 3 is
`
`provided in Marchand PCT.
`
`11
`
`

`

`Declaration of Dr. Sayfe Kiaei
`U.S. Patent No.: 7,039,033
`Atty Docket No.: 39521-0020IP1
`
`
`
`
` Referring to Marchand’s FIG. 3, Marchand discloses a mobile phone
`
`33 that functions “as a gateway between the ad-hoc network and a 3G wireless IP
`
`network 35 such as the General Packet Radio Service (GPRS) network.” Marchand
`
`PCT at 7:12-14; Marchand Priority at 11:16–18. As a result, “the mobile phone [is]
`
`simultaneously . . . connected to a cellular network [(that is, the 3G wireless IP
`
`network)] and to an ad-hoc Bluetooth Piconet.” Marchand PCT at 6:23-25;
`
`Marchand Priority at 10:15-17. Marchand’s mobile phone 33 would be understood
`
`as being a cellular telephone at least because the mobile phone 33 is a phone used
`
`to send and receive telephone calls over a cellular network. Marchand PCT at 6:23-
`
`7:2; Marchand Priority at 10:15–11:2. A POSITA would also understand that the
`
`Bluetooth Piconet is a short distance wireless network since the Bluetooth Piconet
`
`employs “short-range radio link[s].” Marchand PCT at 1:29-31; Marchand Priority
`
`12
`
`

`

`Declaration of Dr. Sayfe Kiaei
`U.S. Patent No.: 7,039,033
`Atty Docket No.: 39521-0020IP1
`
`at 2:15-20. Marchand discloses that the devices on the ad-hoc network may
`
`include, for example, a laptop computer, a printer, or a personal digital assistant
`
`(PDA). Marchand PCT at 6:23-27, 7:9-11, 10:18-21; Marchand Priority at 11:12-
`
`115, 16:20-17:2. A POSITA would consider the printer as having a low power
`
`central processor and operating system relative to the laptop computer or to the
`
`PDA. While Marchand describes specific examples of the devices on the ad-hoc
`
`network, a POSITA would understand that any device that is “Bluetooth-compliant
`
`and JINI/Java-capable” could be part of the ad-hoc network 30. Marchand PCT at
`
`7:9-11. Marchand Priority at 11:13-15.
`
` A POSITA would consider any of Marchand’s laptop computer,
`
`printer, or PDA, as corresponding to the second and third wireless handheld
`
`devices recited in claim 112. In particular, the ’033 Patent indicates that “a laptop
`
`computer [and] a personal digital assistant” are wireless handheld devices. ’033
`
`Patent at 18:50-54. In addition, the ’033 Patent describes the “terminals 107 [that]
`
`are coupled to the gateway 106 by short-range radio signals 110” as being
`
`implemented by a “hand-held device [350],” and that the terminals 107 can be a
`
`number of different devices, including “a printer.” ’033 Patent at 4:17-25; 5:43-46.
`
`In view of this, a POSITA would consider a printer to be the second or third
`
`wireless handheld device recited in claim 112.
`
`13
`
`

`

`Declaration of Dr. Sayfe Kiaei
`U.S. Patent No.: 7,039,033
`Atty Docket No.: 39521-0020IP1
`
`
` The mobile phone 33 is “used to connect [the devices in the network
`
`30] to an IP-based network such as the Internet.” Marchand PCT at 13:12-14;
`
`Marchand Priority at 21:12-15. Accordingly, the mobile phone 33 performs routing
`
`for IP packets between the local ad-hoc network 30 and the external wireless
`
`network 35. Marchand PCT at 7:12-17. Marchand Priority at 11:16-21. To perform
`
`routing between the two different networks, the mobile phone 33 “has two IP
`
`addresses.” Marchand PCT at 10:30-31. Marchand Priority at 17:12–13. On the
`
`local side, the mobile phone 33 has “a private IP address” recognized by devices
`
`on the local network 30. Marchand PCT at 4:23-30. Marchand Priority at 7:8–17.
`
`On the external side, the mobile phone 33 has “a public IP address recognized in
`
`the wireless IP network such as an external GPRS network.” Id. During operation,
`
`the mobile phone 33 receives IP packets from the public network 35 “through its
`
`public IP address, and forwards the received packets to the private IP address of
`
`the destination device” in the local network 30. Marchand PCT at 7:14-17.
`
`Marchand Priority at 11:16–22. The mobile phone 33 “also translates in the other
`
`direction for data going out of” the local network 30 to the external IP network
`
`35.” Id. Therefore, Marchand would be understood as disclosing a signal
`
`containing IP packets that are sent from a device in the ad-hoc Bluetooth Piconet
`
`network 30 to the mobile phone 33 over a short-range radio link, resulting in the
`
`14
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`

`

`Declaration of Dr. Sayfe Kiaei
`U.S. Patent No.: 7,039,033
`Atty Docket No.: 39521-0020IP1
`
`mobile phone 33 accessing information on the Internet through the cellular GPRS
`
`network 35. A POSITA would understand that the translation of a “public IP
`
`address of the mobile phone” in an IP packet received from the GPRS network “to
`
`the private IP address of the appropriate device” is performed by a network address
`
`translator (NAT) software component in a software component of the mobile
`
`phone 33. I note that Marchand appears to recognize that some implementations of
`
`NAT experience an IP address mismatch condition to the extent that such NAT
`
`implementations are deployed without the benefits Marchand’s teachings, while
`
`also indicating that such conditions are not present in implementations that employ
`
`Marchand’s call control Application Programming Interface (API). Marchand at
`
`11:23-12:3. A POSITA would understand this portion of Marchand as disclosing
`
`that a NAT can be used effectively in a mobile phone that communicates with a
`
`device that includes Marchand’s call control API.
`
`
`
`In Marchand, the devices on the ad-hoc network 30 “are all Bluetooth-
`
`compliant and JINI/Java-capable.” Marchand PCT at 7:9-11. Marchand Priority at
`
`11:13-15. The “JINI (Java) technology is utilized to publish and share services
`
`between the devices” on the ad-hoc network 30. Marchand PCT at 6:3-6;
`
`Marchand Priority at 9:15-18. In particular, the JINI technology provides “the
`
`capability for an application 21 to discover, join, and download services 22 from a
`
`15
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`

`

`Declaration of Dr. Sayfe Kiaei
`U.S. Patent No.: 7,039,033
`Atty Docket No.: 39521-0020IP1
`
`JINI [Lookup Service] (LUS).” Marchand PCT at 6:21-22; Marchand Priority at
`
`10:13-14. The LUS is included in the ad-hoc Bluetooth Piconet network 30 “for
`
`making services available to the plurality of devices in the Piconet.” Marchand
`
`PCT at 5:13-14; Marchand Priority at 7:21-22. “The LUS contains a list of
`
`available services provided by [devices on the ad-hoc network 30].” Marchand
`
`PCT at 3:11-12; Marchand Priority at 4:22-5:1. When a device in the ad-hoc
`
`Bluetooth Piconet network 30 would like to share or offer a service to the ad-hoc
`
`Bluetooth Piconet network 30, it registers the service with a JINI LUS using a
`
`“discovery and join” protocol. Marchand PCT at 6:19-22, 7:23-25, 8:11-28;
`
`Marchand Priority at 10:11-15, 12:7-9, 13:6-14:2; JINI Spec. at pp. 72-75.
`
` As noted above, Marchand’s JINI LUS is part of a Java-technology-
`
`centered distributed software system that includes Java software code. Marchand
`
`PCT at 2:27-3:16; Marchand Priority at 4:5-5:7. The ’033 Patent describes gateway
`
`software 400, including the service repository software component 704, as being
`
`implemented using “a software program, a software object, a software function, a
`
`software subroutine, a software method, a software instance, a code fragment,
`
`singly or in combination.” ’033 Patent at 5:64-6:2. A POSITA would understand
`
`that Marchand’s JINI LUS corresponds to the ’033 Patent’s “service repository
`
`software component” at least because the JINI LUS identifies and provides
`
`16
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`

`

`Declaration of Dr. Sayfe Kiaei
`U.S. Patent No.: 7,039,033
`Atty Docket No.: 39521-0020IP1
`
`services from one device to another in the ad-hoc Bluetooth Piconet network 30,
`
`and is implemented using at least one of “a software program, a software object, a
`
`software function, a software sub-routine, a software method, a software instance,
`
`a code fragment, singly or in combination.”
`
` The mobile phone 33 acts a master device in the ad-hoc Bluetooth
`
`Piconet network 30 and provides cellular call services to other devices 31, 32 (i.e.,
`
`slave devices) in the ad-hoc Bluetooth Piconet network 30 using JINI technology.
`
`Marchand PCT at 8:2-5; Marchand Priority at 12:18-22. The mobile phone 33
`
`therefore can act “as a call-control server for client devices in the ad-hoc network”
`
`and “a call-control client for a server in the wireless IP network.” Marchand PCT
`
`at 4:23-27; Marchand Priority at 7:8-13. As a result, “any Bluetooth-compliant
`
`device in a Piconet that is multimedia capable is able to establish a call as long as
`
`one of the devices (e.g., the mobile phone) in the Piconet contains a cellular radio
`
`modem and a call control client, and is connected to the wireless IP network.”
`
`Marchand PCT at 7:14-21; Marchand Priority at 11:18-12:14. A POSITA would
`
`appreciate that mobile phone 33’s acting as “a call-control server for client devices
`
`in the ad-hoc network” and “a call-control client for a server in the wireless IP
`
`network,” as well as the mobile phones 33’s routing of data packets and translation
`
`of addresses of data packets received between the ad-hoc Bluetooth network 30
`
`17
`
`

`

`Declaration of Dr. Sayfe Kiaei
`U.S. Patent No.: 7,039,033
`Atty Docket No.: 39521-0020IP1
`
`and cellular network 35 means that the mobile phone 33 controls access between
`
`the ad-hoc Bluetooth network 30 and the cellular network 35. Marchand PCT at
`
`4:23-27; 7:14-17; Marchand Priority at 7:8-13; 12:18-22.
`
` Further, in Marchand, “a JINI call control API 47 is published by the
`
`mobile phone 33 and enables the applications 21 in the laptop and other devices in
`
`the Piconet to make use of the facilities of, for example, the SIP client 42 in the
`
`mobile phone.” Marchand PCT at 9:20-22; Marchand Priority at 15:8-11. The JINI
`
`call control API is “an abstraction of a SIP and/or H.323 call control client.”
`
`Marchand PCT at 6:27-29; 9:22; Marchand Priority at 10:20-22; 15:11-12. When a
`
`slave device requests the call service from the LUS, “this [JINI call control] API is
`
`downloaded to the Bluetooth device involved in an external wireless call” (that is,
`
`the requesting slave device). Marchand PCT at 6:29-7:2. Marchand Priority at
`
`10:22-11:5. At least in some cases, the JINI call control API is “downloaded from
`
`the gateway,” i.e., mobile phone 33. Marchand PCT at claim 6. Marchand Priority
`
`at claim 6. The JINI call control API is then employed by the slave device to use
`
`the call control service of the mobile phone 33. Marchand PCT at 9:20-26;
`
`Marchand Priority at 15:8-15.
`
` Marchand discloses the various devices include a combination of
`
`software and hardware to perform the functionality described above. For example,
`
`18
`
`

`

`Declaration of Dr. Sayfe Kiaei
`U.S. Patent No.: 7,039,033
`Atty Docket No.: 39521-0020IP1
`
`Marchand discloses hardware such as the “cellular radio modem” for the mobile
`
`phone to communicate with the external IP network 35, and a “Bluetooth chipset”
`
`for the various devices on the ad-hoc Bluetooth Piconet network 30 to
`
`communicate using Bluetooth. Marchand PCT at 2:7-16; 3:31-4:1; 6:23-25; 7:14-
`
`25; 11:7-8; Marchand Priority at 3:5-15; 7:18-20; 10:15-17; 12:1-6; 18:1-3.
`
`Further, to perform their noted functionality, the mobile phone 33 and other
`
`devices in the ad-hoc network 30 include the protocol stack shown below in
`
`Marchand’s FIG. 2, which includes a physical layer 15, and various software such
`
`as a link layer 16, a network transport layer 17, “an operating system layer 18, a
`
`Java technology layer 19 and a JINI technology layer 20.” Marchand PCT at 6:16-
`
`22; Marchand Priority at 10:5-15. The physical layer 15 and link layer 16 provide
`
`connection to devices in the ad-hoc Bluetooth Piconet network 30, and the
`
`operating system 18, Java technology layer 19, and JINI technology layer 20
`
`implement the JINI technology providing the capability for an application 21 to
`
`discover, join, and download services. Marchand PCT at 6:16-22; Marchand
`
`Priority at 10:5-15.
`
`19
`
`

`

`Declaration of Dr. Sayfe Kiaei
`U.S. Patent No.: 7,039,033
`Atty Docket No.: 39521-0020IP1
`
`
`
`
`See FIG. 2 of Marchand Priority. Marchand PCT illustrates a similar FIG. 2.
`
` Marchand’s FIG. 4 also illustrates the protocol stack. Marchand’s
`
`FIG. 4 illustrates certain features of Marchand’s ad-hoc Bluetooth Piconet network
`
`30, but does not expressly illustrate all the features of the ad-hoc Bluetooth Piconet
`
`network 30. For example, based on Marchand’s disclosure including, for example,
`
`that network 30 devices such as the laptop computer 31, printer 32, and personal
`
`digital assistant (PDA) are all “Bluetooth-compliant and JINI/Java-capable,” a
`
`POSITA would understand that the protocol stack shown in Marchand’s FIGS. 2
`
`and 4 is also included in the mobile phone 33, even though the protocol stack is not
`
`shown in FIG. 4 as being included in the mobile phone 33. Marchand PCT at 2:17-
`
`25, 6:23-7:4, 7:28-8:17; Marchand Priority at 3:17-4:4, 10:15-11:15, 12:12-13:13.
`
`The mobile phone 33 would be understood to include the layers in the protocol
`
`stack to implement Bluetooth communications and JINI-based communications.
`
` Although not expressly described in Marchand, a POSITA would
`
`understand that Marchand’s mobile phone 33 also includes a storage device and a
`
`20
`
`

`

`Declaration of Dr. Sayfe Kiaei
`U.S. Patent No.: 7,039,033
`Atty Docket No.: 39521-0020IP1
`
`processor coupled to the storage device to implement various functions of the
`
`mobile phone 33. As is generally understood in the art, functions implemented by
`
`software, as in Marchand, require software code to be stored and executed on a
`
`device. For a function to be executed, the stored software code must be retrieved
`
`from the storage device and executed by a processor on the device.
`
` As an example, I refer to FIGS. 3 and 4 of U.S. Patent No. 6,622,017
`
`(“Hoffman”), which illustrate a mobile telephone / handset 5 that includes: “a flash
`
`memory 53 for storing various software routines and mobile configuration
`
`settings;” and “a microprocessor 51 [that] controls all operations of the handset 5.”
`
`Hoffman at 12:4, 48-57. “The flash memory 53 has sufficient space to store the
`
`core programming of the handset 5.” Hoffman at 12:48-57. As shown in FIG. 3,
`
`the microprocessor 51 is coupled to the flash memory 53. The microprocessor 51
`
`accesses the flash memory 53 to store programs and install or download modules
`
`for software packages. Hoffman at 13:1-25.
`
`21
`
`

`

`Declaration of Dr. Sayfe Kiaei
`U.S. Patent No.: 7,039,033
`Atty Docket No.: 39521-0020IP1
`
`
`
`
` As evidenced by Hoffman, it was known at the time of the Critical
`
`Date of the ’033 Patent, that a mobile phone, such as Marchand’s mobile phone 33,
`
`would include a processor coupled to a storage device to “control all operations” of
`
`the mobile phone including the storing and execution of various code or software
`
`components on the mobile phone. Referring back to Marchand, a POSITA would
`
`understand that Marchand’s mobile phone 33 would include a processor coupled to
`
`the storage device to store, generate, and execute the software associated with the
`
`various functions of the mobile phone 33 described above. For example, the
`
`storage device would store software associated with layers of the protocol stack
`
`shown in Marchand’s FIG. 2, such as a link layer 16, a network transport layer 17,
`
`22
`
`

`

`Declaration of Dr. Sayfe Kiaei
`U.S. Patent No.: 7,039,033
`Atty Docket No.: 39521-0020IP1
`
`an operating system layer 18, a Java technology layer 19 and a JINI technology
`
`layer 20, and software associated with programming interfaces such as different
`
`interfaces and service APIs (e.g., JINI call control service, SIP call control client,
`
`H.323 call control client, abstraction of a SIP and/or H.323 call control client).
`
`Marchand at 6:16-29; Marchand Priority at 10:5-22.
`
` Marchand does not expressly state that the JINI LUS is located on
`
`mobile phone 33. In addition, I note that FIG. 4 of Marchand implies that the JINI
`
`LUS may be located elsewhere since the LUS 46 is illustrated on the laptop
`
`computer side of the Bluetooth radio link illustrated in that figure. However, for at
`
`least the following reasons, a POSITA would appreciate that Marchand implicitly
`
`teaches an implementation in which the JINI LUS is located in the mobile phone
`
`33.
`
` As discussed above, Marchand teaches that an API is downloaded to a
`
`slave device (e.g., a Bluetooth network device 31 or 32) that would like to make an
`
`external wireless call using the call control service of the mobile phone 33.
`
`Marchand PCT at 6:27-7:2; Marchand Priority at 10:20-11:5. This API
`
`corresponds to a service object stored in a JINI LUS. As described in the JINI
`
`Spec., for a given service, the LUS stores a proxy object for the service. JINI Spec.
`
`at pp. 5-12. When a client wants to access that service, the client downloads the
`
`23
`
`

`

`Declaration of Dr. Sayfe Kiaei
`U.S. Patent No.: 7,039,033
`Atty Docket No.: 39521-0020IP1
`
`proxy object from the LUS. Id. The proxy object implements the interfaces for the
`
`service and, accordingly, is used by the client to access the service. Id. In view of
`
`this, a POSITA would understand that Marchand’s API corresponds to a JINI
`
`proxy object. Marchand’s claim 6 explicitly recites that the API (or proxy object)
`
`is downloaded from the gateway to other devices in the ad-hoc network. Since, in
`
`JINI, proxy objects are downloaded from a LUS and Marchand describes the
`
`API/proxy object as being downloaded from the mobile phone gateway 33, a
`
`POSI

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