UNITED STATES PATENT AND TRADEMARK OFFICE
`
`_________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`MICROSOFT CORPORATION,
`Petitioner,
`v.
`UNILOC 2017 LLC,
`Patent Owner.
`IPR2019-00973
`U.S. Patent No.: 7,075,917
`Issued: Jul. 11, 2006
`Application No.: 09/973,312
`Filed: Oct. 9, 2001
`
`Title: WIRELESS NETWORK WITH A
`DATA EXCHANGE ACCORDING TO THE ARQ METHOD
`_________________
`
`REPLY DECLARATION OF HARRY V. BIMS
`
`
`
`Page 1
`
`
`
`_________________
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_________________
`MICROSOFT CORPORATION,
`Petitioner,
`v.
`UNILOC 2017 LLC,
`Patent Owner.
`IPR2019-00973
`U.S. Patent No.: 7,075,917
`Issued: Jul. 11, 2006
`Application No.: 09/973,312
`Filed: Oct. 9, 2001
`
`Title: WIRELESS NETWORK WITH A
`DATA EXCHANGE ACCORDING TO THE ARQ METHOD
`_________________
`
`REPLY DECLARATION OF HARRY V. BIMS
`
`
`
`Page 1
`
`
`
`Patent 7,075,917
`
`TABLE OF CONTENTS
`
`Page(s)
`INTRODUCTION AND ENGAGEMENT .................................................... 3
`I.
`BACKGROUND AND QUALIFICATIONS ................................................. 4
`II.
`III. STANDARDS ................................................................................................. 4
`IV. MATERIALS CONSIDERED AND INFORMATION RELIED UPON
`REGARDING ’917 PATENT ......................................................................... 4
`V. MEANING OF CERTAIN CLAIM TERMS.................................................. 6
`VI. PERSON OF ORDINARY SKILL IN THE ART (“POSITA”) ..................... 6
`VII. 3GPP / ETSI PUBLICATIONS FROM 1999-2001 ........................................ 7
`VIII. MOTIVATION TO USE ABROL ABBREVIATED SEQUENCE
`NUMBER TEACHINGS IN THE NETWORK OF TR25.835 ...................... 8
`A. Abrol Describes The WCDMA Technology Used In TR25.835 .......... 8
`B. Abrol’s Ability To Handle Varying Channel Capacities Makes It
`Well-Suited For The TR25.835 Wireless Network ............................11
`C. Abrol’s Teachings On Byte Sequence Numbers Would Not Have
`Discouraged A POSITA From Using Abrol’s Abbreviated Sequence
`Numbers When Implementing The TR25.385 Network .....................14
`D. Additional Opinions Related To Implementing TR25.835 Using
`Abrol’s Abbreviated Sequence Numbers ............................................21
`IX. TR25.835 USES OF THE PHYSICAL LAYER TO TEST CORRECT
`RECEPTION OF CODED TRANSPORT BLOCKS ...................................24
`X. AVAILABILITY FOR CROSS-EXAMINATION ......................................28
`A.
`Right to Supplement ............................................................................28
`B.
`Signature ..............................................................................................28
`
`
`
`
`DECLARATION OF HARRY V. BIMS
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`Page 2
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`Patent 7,075,917
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`I, Harry V. Bims, do hereby declare as follows:
`
`I.
`
`INTRODUCTION AND ENGAGEMENT
`
`1.
`
`I have been retained by attorneys at Klarquist Sparkman, LLP, to serve
`
`as an independent expert on behalf of Microsoft Corporation in connection with the
`
`above-captioned Inter Partes Review (“IPR”) to provide my analyses and opinions
`
`on certain technical issues related to U.S. Patent No. 7,075,917 (hereinafter “the ’917
`
`Patent”).
`
`2.
`
`I am being compensated at my usual and customary rate for the time I
`
`spent in connection with this IPR. My compensation is not affected by the outcome
`
`of this IPR.
`
`3.
`
`This Reply Declaration is in addition to the first declaration that I
`
`prepared and submitted earlier in IPR proceedings relating to the’917 patent, signed
`
`and dated April 19, 2019 (“First Declaration” or “Bims Declaration”). In the First
`
`Declaration I explained why it is my opinion that claims 1-3 and 9-10 (each a
`
`“Challenged Claim” and collectively the “Challenged Claims”) of the ’917 Patent
`
`would have been obvious to a person having ordinary skill in the art (“POSITA”) as
`
`of October 11, 2000. In this Reply Declaration I explain why my opinion remains
`
`the same and respond to certain arguments that I understand were raised against my
`
`testimony in the First Declaration. In this Reply Declaration I may refer back to and
`
`incorporate analysis provided in the First Declaration.
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`DECLARATION OF HARRY V. BIMS
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`Page 3
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`Patent 7,075,917
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`II. BACKGROUND AND QUALIFICATIONS
`
`4.
`
`The First Declaration explains my education and professional
`
`background in paragraphs 4-11. With this Reply Declaration, I attach an updated
`
`version of my CV, as Appendix 1.
`
`III. STANDARDS
`
`5.
`
`Paragraphs 12-21 of my First Declaration lay out my understanding of
`
`certain patent law standards.
`
`IV. MATERIALS CONSIDERED AND
`INFORMATION RELIED UPON REGARDING ’917 PATENT
`In preparing my First Declaration, I reviewed the following materials,
`6.
`
`each of which is the sort of material that experts in my field would reasonably rely
`
`upon when forming their opinions. I also considered other background materials that
`
`are referenced in that declaration.
`
`Ex. No.
`
`Description
`
`1001
`
`U.S. Patent No. 7,075,917 (“the ’917 Patent”)
`
`1002
`
`File History of U.S. Patent No. 7,075,917
`
`1005
`
`1006
`
`3G TR 25.835 V1.0.0 (2000-09) - 3rd Generation Partnership
`Project; Technical Specification Group Radio Access Network;
`Report on Hybrid ARQ Type II/III (Release 2000) (TR25.835)
`
`3G TR 25.835 V0.0.2 (2000-08) - 3rd Generation Partnership
`Project; Technical Specification Group Radio Access Network;
`Report on Hybrid ARQ Type II/III (Release 2000), TSG-RAN
`
`DECLARATION OF HARRY V. BIMS
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`Page 4
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`Patent 7,075,917
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`Working Group 2 (Radio L2 and Radio L3), Sophia Antipolis,
`France, 21–15 August 2000 (TR25.835 (V0.0.2))
`
`1007
`
`1008
`
`U.S. Patent No. 6,507,582 “Radio Link Protocol Enhancements
`For Dynamic Capacity Wireless Data Channels,” issued January
`14, 2003 (Abrol)
`
`3rd Generation Partnership Project (3GPP), Technical
`Specification Group (TSG) RAN; Working Group 2 (WG2);
`Radio Interface Protocol Architecture; TS 25.301 V3.2.0 (1999-
`10) (TS25.301)
`
`
`
`7.
`
`In preparing this Reply declaration, I have reviewed the following
`
`materials, each of which is the sort of material that experts in my field would
`
`reasonably rely upon when forming their opinions. I also considered other
`
`background materials that are referenced in this declaration.
`
`Ex. No.
`
`Description
`
`Ex. 1027 3G TS 25.201 V3.1.0 (2000-06) - 3rd Generation Partnership
`Project; Technical Specification Group Radio Access Network;
`Physical Layer - General Description (Release 1999) (TS25.201)
`
`Ex. 1028 WCDMA for UMTS, Holma & Toskala, Copyright 2000 (Wiley
`& Sons) (June 2000 Reprint) (WCDMA for UMTS)
`
`Ex. 1029 RFC793, Transmission Control Protocol, DARPA Internet
`Program Protocol Specification (September 1981) (RFC793)
`
`Ex. 1030 W-CDMA and cdma2000 for 3G Mobile Networks, Karim &
`Sarraf, Copyright 2002 (McGraw-Hill) (W-CDMA and
`cdma2000)
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`DECLARATION OF HARRY V. BIMS
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`Page 5
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`Patent 7,075,917
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`Ex. 1031 Hossain et al., TCP Performance in WCDMA-Based Cellular
`Wireless IP Networks, IEEE (2000) (Hossain)
`
`
`
`V. MEANING OF CERTAIN CLAIM TERMS
`
`8.
`
`As discussed in paragraph 39 of my First Declaration, the phrase “back
`
`channel” should be construed as a “channel which is inserted directly between the
`
`receiving physical layer and the sending (or transmitting) physical layer (and not
`
`between the RLC layers) for informing the transmitting side (transmitting terminal
`
`or radio network controller) of the fact that a transport block has not been transmitted
`
`error-free.” See Ex. 1001 at 6:1-15.
`
`VI. PERSON OF ORDINARY SKILL IN THE ART (“POSITA”)
`
`9.
`
`As explained in paragraph 27 of my First Declaration, a person having
`
`ordinary skill in the art at the time of the ’917 Patent (“POSITA”) would have been
`
`a person having a bachelor’s degree in electrical engineering, computer science, or
`
`the equivalent and three years of experience working with wireless digital
`
`communication systems including the physical layer of such systems. Alternatively,
`
`the skilled person would have had a master’s degree in electrical engineering,
`
`computer science, or the equivalent with an emphasis on wireless digital
`
`communication systems. Additional education may substitute for lesser experience
`
`and vice-versa.
`
`DECLARATION OF HARRY V. BIMS
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`Page 6
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`
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`VII. 3GPP / ETSI PUBLICATIONS FROM 1999-2001
`
`10. As noted in my First Declaration, at paragraph 8, for a period from
`
`1999-2001 I was
`
`the Director of Software Architecture for Symmetry
`
`Communications Systems. At Symmetry I was responsible for improving the
`
`software architecture design and for the implementation of the company’s core
`
`SGSN (Serving GPRS Support Node) and GGSN (Gateway GPRS Support Node)
`
`products for the GPRS (Generic Packet Radio Services) market. In this role, I
`
`managed teams of engineers responsible for implementing Symmetry products so
`
`that they were in compliance with the GPRS network.
`
`11. From at least the late 1990s until today, the 3rd Generation Partnership
`
`Project (“3GPP”) published documents specifying different aspects of wireless
`
`networks. This included specifications relating to the GPRS network for which I
`
`developed products while working at Symmetry. 3GPP also maintained and
`
`continues to maintain email listervs for distributing information on standards
`
`development to any interested individuals. In my management role at Symmetry, I
`
`expected the engineers working under me to rely on 3GPP to track and maintain up-
`
`to-date awareness of recent developments relating to wireless network technologies
`
`and, specifically, GPRS and related networks. I was aware at that time of the 3GPP
`
`ftp server and the 3GPP email listservs. I would have expected my engineers to use
`
`DECLARATION OF HARRY V. BIMS
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`Page 7
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`Patent 7,075,917
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`the ftp site and listservs to closely track relevant developments in the 3GPP
`
`documentation in order to make sure we were accounting for these developments in
`
`our GPRS implementation. I would have expected that others implementing GPRS
`
`or other networks such as UMTS or EDGE would have similarly tracked the relevant
`
`3GPP documentation, for the same reasons that I expected my team at Symmetry to
`
`do so. Accordingly, that a POSITA knew of and would have been following the
`
`various versions of this document is confirmed by the ’917 patent, which itself notes
`
`that TR25.835 v0.0.2 was known. ’917 patent, 1:10-15.
`
`VIII. MOTIVATION TO USE ABROL ABBREVIATED SEQUENCE
`NUMBER TEACHINGS IN THE NETWORK OF TR25.835
`I understand that Patent Owner Uniloc argues that a POSITA would not
`12.
`
`have combined Abrol’s teachings with the TR25.835 network. For at least the
`
`reasons laid out in the following paragraphs, I disagree, and maintain my opinion
`
`that a POSITA would have been motivated to integrate Abrol’s abbreviated
`
`sequence numbers into the fast HARQ methods prescribed by TR25.835. See also
`
`First Declaration ¶¶ 80-92.
`
`A. Abrol Describes The WCDMA Technology Used In TR25.835
`
`13. Abrol expressly teaches that its solution is “applicable to systems such
`
`as … W-CDMA.” Abrol, 3:32-36; see also id. 2:40-46 (describing “wideband
`
`CDMA” and explaining that it is referred to as “W-CDMA”). A POSITA would
`
`have known that W-CDMA (also known as Wideband CDMA or WCDMA) was
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`Page 8
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`used for Layers 1 and 2 in the 3G networks specified by 3GPP / ETSI, including the
`
`wireless network described by TR25.385 (Ex. 1005). For example, the 3GPP
`
`specification TS 25.201 v3.1.0 (Ex. 1027) explains how 3GPP “Layer 1 is based on
`
`WCDMA technology” and how “Layers 2 and 3 of the radio interface are described
`
`in the TS 25.300 and 25.400 series, respectively.” Ex. 1027, 6. TS 25.201 also
`
`explains how the Layer 1 access scheme is “often denoted as Wideband CDMA
`
`(WCDMA).” Id., 8. I note that Layer 2 (MAC and RLC) is also based on WCDMA.
`
`14. Further
`
`illustrating
`
`that a POSITA would recognize Abrol’s
`
`applicability to the 3G networks described in TR25.835, the 2000 textbook
`
`“WCDMA for UMTS” explained how “WCDMA (Wideband Code Division
`
`Multiple Access) is the main third generation air interface in the world” and how
`
`UMTS is used to refer to “third generation mobile communication systems.”
`
`Ex. 1028, xiiv. The same book acknowledged “the great work done within the 3rd
`
`Generation Partnership Project [3GPP] to produce the global WCDMA standard.” It
`
`also explained the well-known facts that “ETSI decided upon WCDMA as the third
`
`generation air interface” and that WCDMA “standardisation work ha[d] been carried
`
`out as part of the 3GPP standardisation process,” with “[t]he first full specification
`
`… completed at the end of 1999.” Ex. 1028, 4 (citations omitted).
`
`15. Significantly, the textbook “WCDMA for UMTS” confirms what was
`
`well-known to any POSITA, namely that “[w]ithin 3GPP, WCDMA is called UTRA
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`(Universal Terrestrial Radio Access) FDD (Frequency Division Duplex) and TDD
`
`(Time Division Duplex), the name WCDMA being used to cover both FDD and
`
`TDD operation.” Ex. 1028, 1 (parentheticals in original) (further explaining
`
`interchangeability of WCDMA and aspects of the 3GPP UTRAN). This reflects that
`
`WCDMA is part of the overall Universal Terrestrial Radio Access Network
`
`(UTRAN), specifically being the Radio Access portion of that network. This is
`
`significant because TR25.835 clearly shows that its HARQ methods are used in the
`
`3G UTRAN, as shown in Figure 2 on page 27 of Chapter 7:
`
`16. Accordingly, a POSITA would have understood Abrol to expressly
`
`teach use of its technologies in the 3G network described in TR25.835. And because
`
`Abrol expressly teaches its own applicability to the 3G network described in
`
`
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`TR25.835, a POSITA would have been highly motivated to implement Abrol’s
`
`teachings in that network. This especially includes Abrol’s specific teachings on
`
`abbreviated sequence numbers. This express teaching by Abrol confirms that a
`
`POSITA would have been motivated and able to implement Abrol’s abbreviated
`
`sequence number schemes in the 3G network of TR25.835.
`
`B. Abrol’s Ability To Handle Varying Channel Capacities Makes It
`Well-Suited For The TR25.835 Wireless Network
`17. A POSITA would have known that the 3G wireless network described
`
`in TR25.835 – similar to all wireless networks – had varying channel capacity. It
`
`was well-known that the 3G network of TR25.835 employed common transport
`
`channels, with a common channel being “a resource divided between all or a group
`
`of users in a cell,” as explained in the textbook “WCDMA for UMTS”. Ex. 1028,
`
`74. These common channels allowed for network resources to be used as they were
`
`available, depending on, e.g., the number of users in the area surrounding a given
`
`network base station, the amount of data that a given user needed at a given instant,
`
`and / or instantaneous interference caused by objects surrounding the user or the base
`
`station. These network capacity variances—driven by propagation environment,
`
`base station solutions, and WCDMA physical layer parameters, as well as intra-cell
`
`user interference –are discussed in more detail in “WCDMA for UMTS,” Ex. 1028,
`
`243-269. The variable rate channels allowed for more efficient use of the varying
`
`channel capacity in 3G networks, e.g., allowing users to get higher data rates when
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`sufficient bandwidth was available but dialing back those data rates when bandwidth
`
`decreased due to various environmental factors. Abrol itself reflects the varying
`
`channel capacity of cdma2000, WCDMA, and EDGE networks by referencing
`
`“varying channel capacities” when discussing applicability of the Abrol techniques
`
`to these networks. See Abrol, 3:29-37.
`
`18. One of the common transport channels in 3G networks was the
`
`downlink shared channel or “DSCH.” Ex. 1028, 77. It was well-known that DSCH
`
`“support[ed] … variable bit rate on a frame-by-frame basis.” Id. (emphasis added);
`
`see also id., 73-74 (explaining relationship to 3GPP specifications). Notably,
`
`TR25.835 not only relates to such 3G networks, but expressly states that its “Fast
`
`HARQ is planned to be employed on DSCH” (TR25.835, 27 § 7.2) (emphasis
`
`added). Thus, not only does TR25.835 describe a network with varying channel
`
`capacities, it actually describes use of fast HARQ on the DSCH channel for which
`
`bit rate capacity could vary on a frame-by-frame basis. Thus, Abrol’s teachings
`
`relating to varying channel capacities (see Abrol, 2:51 – 3:7) would have been
`
`particularly relevant to the TR25.835 network, which employed channels of varying
`
`bit rate capacity.
`
`19. Moreover, Abrol does not limit its teachings to situations of varying
`
`channel capacity, even if such situations are well-suited for its technology. For
`
`example, a POSITA would understand that a method for wireless data transmission
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`that works in a varying channel capacity situation, would also work in a non-varying
`
`channel capacity situation (because the latter is a special case of the former). In fact,
`
`Abrol states that it is “applicable to any communication system employing
`
`transmission of a byte stream over a wireless channel.” Abrol, 3:24-38 (emphasis
`
`added). A POSITA would have thus understood Abrol’s teachings as broadly
`
`applicable to any system that transmits a byte stream over a wireless channel, which
`
`of course would have included the 3G network of TR25.385.
`
`20. Regardless of variances in channel capacity, a POSITA would have
`
`recognized the “benefit of ‘minimizing the overhead inherent’ in error control
`
`protocols,” as taught by Abrol. Abrol, 1:7-11. Similarly, irrespective of channel
`
`capacity, a POSITA would have appreciated Abrol’s teachings that larger sequence
`
`numbers resulted in transmission of less data, and thus it was desirable to transmit
`
`“a fraction of the sequence number bits” whenever possible. See Abrol, 4:25-48 and
`
`9:28-33. In view of this benefit, a POSITA would have seen good reason to
`
`implement Abrol’s abbreviated sequence numbers in any wireless system using error
`
`control, including the system specified by TR25.835.
`
`21. Thus, even if a POSITA understood Abrol to be particularly well-suited
`
`for networks of varying channel capacity, a POSITA would have also realized
`
`Abrol’s broader applicability and appreciated its teachings on the benefits of
`
`abbreviated sequence numbers in general – namely, that fewer sequence numbers
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`meant more data. In addition, as earlier-noted, non-varying capacity situations are a
`
`special case within Abrol for which its abbreviated sequence numbers would also
`
`provide a benefit. These factors would have motivated a POSITA to implement
`
`abbreviated sequence numbers, even if she did not also implement Abrol’s larger
`
`teachings, such as the use of byte sequence numbers, to address the broader problem
`
`of varying channel capacity.
`
`22. A primary benefit of Abrol is its ability to significantly reduce waste in
`
`the retransmission of lost frames, thereby increasing the reliability of data
`
`retransmission when the channel capacity varies. Abrol describes a method whereby
`
`the bytes in a lost frame are divided amongst a series of smaller, retransmitted
`
`frames. Abrol, 4:12-24. In this method, Abrol teaches the retransmitted frames (each
`
`of which contains only a portion of the bytes in the original lost frame) are received
`
`more reliably than the original frame. For example, if the original frame was 1000
`
`bytes long, and it was retransmitted in its entirety when the channel capacity varied,
`
`the entire retransmitted frame of 1000 bytes may be lost again. However, if the
`
`original frame were divided into 10 retransmitted frames of 100 bytes each, the
`
`smaller, retransmitted frames are less likely to be lost due to channel capacity
`
`variations. Moreover, even if one of these smaller, retransmitted frames were lost it
`
`would result in a loss of only 100 bytes. In this example, Abrol’s technique would
`
`therefore reduce by 90% the number of bytes that are lost if a retransmitted frame is
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`lost – a significant savings in processing and transmission bandwidth that would not
`
`be wasted on the other 900 bytes in the original frame if the original frame were
`
`retransmitted in its entirety. A POSITA would have been greatly motivated by such
`
`a significant benefit to employ Abrol’s approach, including its use of abbreviated
`
`sequence numbers.
`
`C. Abrol’s Teachings On Byte Sequence Numbers Would Not Have
`Discouraged A POSITA From Using Abrol’s Abbreviated
`Sequence Numbers When Implementing The TR25.385 Network
`23. Abrol’s solution would have reduced overall data processing and
`
`transmission by reducing transmission errors and, thus, avoiding the processing and
`
`transmission associated with additional retransmissions. Abrol, 3:52-4:24. This
`
`passage in Abrol explains how use of byte sequence numbers beneficially addressed
`
`problematic scenarios in which “the retransmission of the [data] segments would
`
`often fail, causing data loss, and a break in the byte stream.” Similarly, 5:13-35 of
`
`Abrol explains why its technique helps avoid “byte stream discontinuity.” “Byte
`
`stream discontinuity” or “a break in the byte stream” refers to a problem in the
`
`transmission of data segments in which the retransmission of data segments fails.
`
`When this happens, the portion of the byte stream for that segment is lost. Use of
`
`abbreviated byte sequence numbers in each retransmitted frame allowed the system
`
`to more quickly and reliably identify where the byte stream discontinuity is located,
`
`and to repair the discontinuity with subsequent retransmissions.
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`24. Minimizing byte stream discontinuity and avoiding data loss were top
`
`priorities in any network transmissions and accomplishing these goals would have
`
`been very important, even if it came at the cost of some minimal additional
`
`processing at either the base station or user device. As stated above, Abrol furthered
`
`these goals by minimizing retransmission problems when they arose due to changing
`
`data rates and, at the same time, operating normally – and with limited or no
`
`additional processing – when there was a continuous and unchanging data rate. For
`
`those scenarios when channel capacity remained the same from frame-to-frame,
`
`there would be no additional transmissions required. Abrol, 7:18-23. Perhaps even
`
`more importantly, by avoiding data loss and byte stream discontinuity, this solution
`
`provided the benefit of higher-quality and continuous network service to the user.
`
`Even if it had required some additional processing for certain steps, the solution’s
`
`benefits (in terms of fewer retransmissions and fewer breaks in the byte stream)
`
`would have far outweighed that minimal cost.
`
`25. Abrol teaches use of frame sequence numbers, or “RLP sequence
`
`numbers,” which in its preferred embodiment correspond to the first byte in the
`
`frame. “Within RLP frame 140 are a sequence number 150 and the data 100. … In
`
`an exemplary embodiment of the invention, each sequence number corresponds to
`
`the first byte of the data in the RLP frame. The sequence number carried within an
`
`RLP frame is called the RLP sequence number.” Abrol, 6:8-24 (emphasis added).
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`26. Abrol teaches basing the frame sequence number on the byte sequence
`
`number of the first byte in the frame for only the frames that are pending
`
`transmission, rather than for all frames in the byte stream. Thus, as a general matter,
`
`a subset of the byte sequence number is transmitted based on how many bytes can
`
`be pending in the transmission. More particularly, the bytes pending in the
`
`transmission can be determined by the number of bytes in a page, or by the maximum
`
`number of pages in a frame, the latter linking a frame sequence number to a
`
`corresponding byte sequence number (since a frame always starts on a page
`
`boundary, and the byte sequence number space allows counting page numbers across
`
`a space large enough to cover multiple frames) (which scenario is within the scope
`
`of Abrol). Abrol. 4:49-5:12; see also Abrol 3:8-12, 4:12-27 (explaining use of frame
`
`sequence numbers in RLP and RLP2).
`
`27. Thus, the maximum number of pages that can be pending determines
`
`the size of the byte sequence number field, thus reducing the number of bytes over
`
`other implementations where the size of the byte sequence number field was
`
`determined by the number of bytes in all the data being transmitted in the stream
`
`(which can comprise many pages, and many frames). As described in Abrol, the
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`“shortened RLP sequence number … is equal to the byte sequence number of the
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`first data byte in the RLP frame divided by the page size.” Abrol, 6:52-58. Note,
`
`that Abrol supports frame sizes that are not an integer multiple of the page size. In
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`DECLARATION OF HARRY V. BIMS
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`Page 17
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`Patent 7,075,917
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`this scenario, the “sequence number that corresponds to the first byte of the data in
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`the RLP frame” can be non-zero for the initial transmission.
`
`28. Alternatively, when it “causes no ambiguity about which data is
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`contained in … the RLP frame,” the most significant bits of the sequence number
`
`are omitted: “For example, if a byte sequence number of 20 bits is used, but fewer
`
`than 216 bytes are outstanding, the most significant 4 bits of the byte sequence
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`number need not be sent in the RLP sequence number.” Abrol, 6:59-67
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`(parenthetical omitted); see also id., 6:67-7:3 (“These 4 most significant bits can be
`
`safely omitted from the RLP sequence number ….”) (emphasis added). In this
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`approach, the sequence number identifies the bytes within a single page.
`
`29. Thus, these frame sequence numbers are desirably shortened in at least
`
`two different ways, each of which would have been considered an “abbreviated
`
`sequence number” as that term is used in the ’917 patent. As taught by Abrol, each
`
`form of shortening avoids waste by choosing the shortest sequence number possible
`
`“without impacting the performance of the protocol.” Abrol, 4:48-62; see also 4:37-
`
`39 (discussing how larger sequence numbers result in less data being transmitted).
`
`A POSITA would have readily understood, as is described in Abrol, that using fewer
`
`bits for shorter sequence numbers when possible would leave more bits for
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`transmitting data and thus desirably increasing data rates. This general teaching of
`
`Abrol, alone, would have motivated a POSITA to use shortened sequence numbers
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`DECLARATION OF HARRY V. BIMS
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`Page 18
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`Patent 7,075,917
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`whenever possible, e.g., for retransmissions where a portion of the transmitted data
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`had already been confirmed as received (i.e., ACK’d). See Abrol, 6:59-67 (“For
`
`example, if a byte sequence number of 20 bits is used, but fewer than 216 bytes are
`
`outstanding, the most significant 4 bits of the byte sequence number need not be
`
`sent in the RLP sequence number.”); see also id., 6:67-7:3.
`
`30. Abrol uses abbreviated sequence numbers for both transmissions and
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`retransmissions: “where the retransmit frame and the original RLP frame are the
`
`same size, the retransmit frame may use the same shortened RLP sequence
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`number as the original, as long as doing so causes no sequence number ambiguity.”
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`Abrol, 7:18-23. And, with its flexible approach, for decreased retransmission
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`channel capacity the Abrol technique uses smaller data frames, each with their “own
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`RLP sequence number, which may or may not be shortened.” 7:24-30. Thus, Abrol
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`teaches use of abbreviated (“shortened”) frame sequence numbers, whether it be for
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`original transmissions, re-transmissions at the same data rate, or re-transmissions at
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`a lower rate. Abrol, 6:52-7:30. The emphasis and teaching throughout Abrol is that
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`shortened sequence numbers provided benefits and those teachings would have
`
`motivated a POSITA to use shortened sequence numbers. Abrol, 10:48-54 (“The use
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`of RLP sequence numbers which enable unambiguous omission of most significant
`
`or least significant portions of the byte sequence number space are objects of various
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`embodiments of the current invention.”).
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`DECLARATION OF HARRY V. BIMS
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`Page 19
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`Patent 7,075,917
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`31.
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`I finally note in this regard that a POSITA would not have been
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`discouraged from using Abrol’s approach due to any reliance on byte sequence
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`numbers for limited scenarios. For the reasons discussed in the other paragraphs
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`within this sub-section, any minor downsides to using byte sequence numbers would
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`have been more than offset by the benefits of Abrol’s approach to data stream
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`continuity and minimization of data loss. That use of byte sequence numbers was
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`perfectly acceptable is reflected in the fact that the commonly-used Transmission
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`Control Protocol (aka “TCP”) has employed byte sequence numbers for decades.
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`This is explained in the 1981 TCP specification, which states that “[a] fundamental
`
`notion in the design is that every octet of data sent over a TCP connection has a
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`sequence number.” Ex. 1029, 24. The TCP specification also defines an “octet” as
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`“[a]n eight bit byte,” thus confirming that every byte transmitted in TCP has its own
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`sequence number. Ex. 1029, 81. I have used TCP for decades, as have countless
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`others, and always understood it as employing byte sequence numbers without any
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`issue. It was well-known that TCP was used for transmission of data over 3GPP
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`networks, including GPRS and UMTS. See, e.g., Ex. 1030, 178; Ex. 1031, Abstract
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`(“The performance of TCP (Transmission Control Protocol) is evaluated for
`
`downlink data transmission in a cellular WCDMA (Wideband Code Division
`
`Multiple Access) network where variable rate transmission is supported at the RLC
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`(Radio Link Control)/MAC (Medium Access Control) level.”). The following
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`DECLARATION OF HARRY V. BIMS
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`Page 20
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`
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`diagram from the 2002 textbook “W-CDMA and cdma2000 for 3G Mobile
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`Networks” shows how TCP was used in earlier GPRS networks:
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`Patent 7,075,917
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`
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`D. Additional Opinions Related To Implementing TR25.835 Using
`Abrol’s Abbreviated Sequence Numbers
`I maintain my opinion that Abrol’s technique for minimizing overhead
`
`32.
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`in error control protocols would have dovetailed with TR25.835’s goal of more
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`efficient ARQ error control techniques. This is evident at least because Abrol was
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`created specifically for WCDMA networks such as that of TR25.835. See above
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`Section VIII.A. In addition, Abrol itself explains how reducing sequence number
`
`overhead in error control allows for transmission of more data bytes in a given frame.
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`E.g., Abrol, 4:37-39. It was a well-understood basic concept that overhead (i.e.,
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`additional information, other than data, necessary for network transmissions) was an
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`important concern in any wireless transmission system because with less overhead
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`came more bandwidth for data, thus increasing overall data throughput and getting
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`DECLARATION OF HARRY V. BIMS
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`Page 21
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`Patent 7,075,917
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`end users their information more quickly. There was a constant tradeoff in including
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`more overhead, e.g., to avoid or account for possible errors by including redundant
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`information, and increasing data throughput. Abrol reflects this tradeoff, and
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`proposes an elegant solution for maintaining error correction capabilities while
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`minimizing sequence number overhead. This would have motivated a POSITA to
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`implement its solution. Moreover, Abrol’s teaching are general and not limited to
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`any specific size of sequence number: “many other choices of sequence number sizes
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`may be made without departing from the current invention.” Abrol, 10:46-54.
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`33. While Abrol is creative in its choice of sequence number size,
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`TR25.835 creatively adds and acts upon sequence numbers in the physical layer
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`(rather than the MAC, as in other approaches), thus “facilitat[ing] fast decoding at
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`the receiver end.” Abrol, 27. A POSITA would have been motivated to use
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`abbreviated sequence numbers in this network in order to reduce transmission
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`overhead and increase speed of ARQ acknowledgment.
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`34. Abrol itself provides the implementation details on how these sequence
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`number choices are made for different transmit and re-transmit scenarios. See above
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`Section 22 (discussing two distinct approaches in Abrol, and how they can be used
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`for transmit or retransmit). As explained above, Abrol was intended for W-CDMA
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`networks just like that of TR25.835 (supra Section VIII.A)
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