`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`
`
`
`BLACKBERRY CORP.
`
`Petitioner,
`
`
`
`v.
`
`UNILOC 2017 LLC,
`
`Patent Owner.
`
`
`
`
`Case No. IPR2019-01282
`Patent No. 7,167,487
`
`
`
`PETITION FOR INTER PARTES REVIEW OF
`U.S. PATENT NO. 7,167,487
`
`
`
`
`
`
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`TABLE OF CONTENTS
`INTRODUCTION .............................................................................. 1
`I.
`II. CHALLENGE AND RELIEF REQUESTED ................................... 1
`
`A.
`Proposed Grounds and Prior Art ............................................ 1
`III. GROUNDS FOR STANDING ........................................................... 2
`IV. OVERVIEW OF THE ’487 PATENT AND PRIOR ART ................ 2
`
`A.
`’487 Patent Overview ............................................................... 2
`
`B.
`’487 Patent Prosecution History Summary ............................ 5
`
`C.
`TS25.321 ................................................................................... 7
`
`D. R2-010182 ............................................................................... 10
`
`E.
`TS25.302 ................................................................................. 13
`
`F.
`Peisa ........................................................................................ 16
`V. CLAIM CONSTRUCTION ............................................................. 20
`VI. DETAILED EXPLANATION OF GROUNDS ............................... 21
`
`A. Ground 1: TS25.321 in view of R2-010182
`
`and TS25.302 renders claims 1-6 obvious ............................ 21
`B. Ground 2a: Peisa renders claims 1 and 2 obvious ............... 52
`C. Ground 2b: Peisa in view of TS25.302 renders
`
`claims 4-6 obvious .................................................................. 71
`VII. CONCLUSION ................................................................................ 84
`VIII. MANDATORY NOTICES UNDER 37 C.F.R. §42.8 ..................... 84
`IX. PAYMENT OF FEES UNDER 37 C.F.R. §42.15(a) ...................... 86
`
`
`
`
`
`
`
`
`ii
`
`
`
`
`
`
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`LIST OF EXHIBITS
`
`
`EX-1001 U.S. Patent No. 7,167,487 (“the ’487 Patent”)
`EX-1002 Declaration of R. Michael Buehrer, Ph.D., FIEEE
`(“Buehrer”)
`EX-1003 Curriculum Vitae of R. Michael Buehrer, Ph.D., FIEEE
`EX-1004 Prosecution History of U.S. Patent No. 7,167,487 (“the
`Prosecution History”)
`EX-1005 RESERVED
`EX-1006 Declaration of Craig Bishop (“Bishop”)
`EX-1007 3GPP TS 25.321 V3.6.0 (2000-12) Technical Specification,
`“3rd Generation Partnership Project; Technical
`Specification Group Radio Access Network; MAC protocol
`specification (Release 1999)” (“TS25.321”)
`EX-1008 Mitsubishi Electric Telecom (Trium R&D), R2-010182
`“Corrections to logical channel priorities in MAC protocol,”
`Change Request for 3GPP TS 25.321 V3.6.0, 3GPP TSG-
`WG2 Meeting #18, Edinburgh, Scotland, 17th -19th January
`2001 (“R2- 010182”)
`EX-1009 3GPP TS 25.302 V3.6.0 (2000-09) Technical Specification,
`“3rd Generation Partnership Project; Technical Specification
`Group Radio Access Network; Services provided by the
`physical layer (Release 1999)” (“TS25.302”)
`
`EX-1010 3GPP Portal, Specification #: 25.321, Versions,
`
`
`https://portal.3gpp.org/desktopmodules/Specifications/
`
`
`SpecificationDetails.aspx?specificationId=1175
`EX-1011 RESERVED
`EX-1012 RESERVED
`
`
`
`
`
`
`iii
`
`
`
`
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`EX-1013 United States Patent No. 6,850,540 B1 to Peisa et al.
`(“Peisa”)
`EX-1014 RESERVED
`EX-1015 Holma and Toskala, “WCDMA for UMTS”, Wiley,
`2000 (excerpts) (“Holma”)
`EX-1016 F. Muratore, “UMTS: Mobile Communications for the
`Future”, Wiley, 2001 (“Muratore”)
`EX-1017 K. Washburn and J. Evans, “TCP/IP: Running a
`successful network”, Addison-Wesley, 1996 (excerpts)
`(“Washburn”)
`
`
`
`iv
`
`
`
`
`
`I.
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`INTRODUCTION
`BlackBerry Corp. (“Petitioner”) requests Inter Partes Review
`
`(“IPR”) of claims 1-6 (“the Challenged Claims”) of U.S. Patent No.
`
`7,167,487 (“the ’487 Patent”).
`
`II. CHALLENGE AND RELIEF REQUESTED
`A. Proposed Grounds and Prior Art
`Petitioner requests IPR of the Challenged Claims on the following
`
`
`pre-AIA 35 U.S.C. §103(a) grounds, as explained below and in the
`
`Declaration of Prof. R. Michael Buehrer (EX-1002), and in which
`
`Prof. Buehrer has also provided a detailed tutorial to orient the
`
`Board to the relevant technology. See, e.g., Buehrer, ¶¶27-50.
`
`Ground
`1
`
`’487 claims
`1-6
`
`2a
`2b
`
`1, 2
`4-6
`
`§103(a) Prior Art Basis
`TS 25.321 v3.6.0 (2000-12), R2-010182
`and TS 25.302 v3.6.0 (2000-09)
`US 6,850,540 (Peisa)
`US 6,850,540 (Peisa) and TS 25.302
`v3.6.0 (2000-09)
`
`
`
`The earliest proclaimed priority date of the ’487 Patent is May
`
`21, 2001. As shown below, each reference pre-dates this date and
`
`
`
`1
`
`
`
`
`
`qualifies as prior art at least under the bases set forth below. See
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`also Bishop, §§II-VII.
`
`Reference
`TS 25.321 v3.6.0 (2000-12)
`TS 25.302 v3.6.0 (2000-09)
`R2-010182
`US 6,850,540 (Peisa)
`
`Public Availability Date
`December 10, 2000
`October 16, 2000
`January 23, 2001
`February 1, 2005 (priority
`date February 25,
`
`Prior Art §
`102(a)
`102(a)
`102(a)
`102(e)
`
`
`III. GROUNDS FOR STANDING
`Petitioner certifies that the ’487 Patent is available for IPR.
`
`Petitioner is not barred or estopped. This petition is being filed within
`
`one month of the institution of IPR2019-00222, and is being
`
`accompanied by a motion for joinder with that IPR.
`
`IV. OVERVIEW OF THE ’487 PATENT AND PRIOR ART
`
`
`’487 Patent Overview
`A.
`The ’487 Patent relates to the Universal Mobile
`
`Telecommunications System (UMTS) radio network standards specified
`by the 3rd Generation Partnership Project (3GPP), describing a wireless
`
`communications network with a radio network controller (RNC) that
`
`exchanges data with a plurality of terminals, such as mobile stations,
`
`
`
`2
`
`
`
`
`
`over communication links. See EX-1001, 1:9-12, 4:65-6:8 and FIG. 1;
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`see also Buehrer, ¶¶27-58.
`
`Explaining the exchange of data between the RNC and the
`
`terminals with respect to a 3GPP UMTS network protocol
`
`architecture, the ’487 Patent describes that a plurality of logical
`
`channels at the data connection layer (which includes radio link
`
`control (RLC) and medium access control (MAC) layers) — carrying
`
`higher-layer application data—are mapped to a plurality of transport
`
`channels that carry data from the MAC layer to the physical layer.
`
`The data received by the logical channels is in the form of RLC packet
`
`units, which are mapped to transport blocks by the MAC layer for
`
`transmission over the transport channels between the RNC and the
`
`terminals. See EX-1001, 6:9-38, FIG. 2 (reproduced below, showing
`
`transport channels (12), logical channels (13) and application data
`(14)); see also Id., 1:9-28 and Buehrer, ¶¶50-52.1 The patent explains
`
`1 The ’487 Patent discloses logic channels. A POSITA would have
`
`understood that these logic channels refer to logical channels, which is
`
`a term of art used in the 3GPP technical specifications. See EX-1009,
`
`§9, p. 32; see also EX-1007, §4.3, pp. 15-17, and Buehrer, ¶52.
`
`
`
`3
`
`
`
`
`
`that the MAC layer selects a suitable transport format combination
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`(TFC), which represents a combination of transport formats and
`
`describes “how the transport channels are multiplexed into a physical
`
`channel in the physical layer.” EX-1001, 6:38-58, 1:15-28.
`
`
`
`
`
`
`
`
`
`’487 Patent, FIG. 2
`
`The ’487 Patent notes that its objective is “to provide a network
`
`which comprises an optimized selection process for selecting a
`
`suitable transport format combination.” Id., 1:29-31. The patent
`
`purportedly achieves this objective by means of a network in which a
`
`plurality of logical channels is associated with a plurality of transport
`
`channels, where a selection algorithm is provided for selecting the
`
`
`
`4
`
`
`
`
`
`transport format combinations allocated to the transport channels,
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`wherein “the selection of the transport format combinations is carried
`
`out while maintaining a minimum bit rate applicable to the respective
`
`logic[al] channel.” Id., 1:32-60.
`
`Elaborating on the proposed minimum bit rate requirement, the
`
`patent discloses that the purported invention relies on “the idea of
`
`integrating into the selection algorithm for selecting a suitable or
`
`optimum transport format combination the condition that a minimum
`
`bit rate can be guaranteed suitable for the respective logic channels,”
`
`where the requirement is such that “it is attempted as much as
`
`possible in the selection of the TFC to maintain the minimum bit
`
`rate.” Id., 1:61-2:21. See also Buehrer, ¶¶53-58.
`
`’487 Patent Prosecution History Summary
`B.
`The ’487 Patent issued on January 23, 2007, from U.S.
`
`Application No. 10/151,087, filed on May 20, 2002. See EX-1004, 1.
`
`During prosecution of the application, the Examiner rejected the
`
`original claims in the first office action, finding them anticipated by
`
`prior art. Id., 31-37. In response, the Applicant amended some claims,
`
`including, for claim 1, only the last limitation—that recited the
`
`
`
`5
`
`
`
`
`
`purported novel feature—to require the selection algorithm to use a
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`“minimum bit rate criteria,” instead of the original requirement of a
`
`“minimum bit rate.” Id., 22-27. In the accompanying remarks, the
`
`Applicant did not dispute the Examiner’s finding that most limitations
`
`of the independent claims, including claim 1, were anticipated by prior
`
`art, but argued that the prior art:
`
`fails to teach or imply the limitation of “wherein the
`selection algorithm uses a minimum bit rate criteria
`applicable to the respective logic channel,” as recited in
`claim 1.
`Id., 28-30.
`The Examiner subsequently allowed the claims, agreeing with
`
`the Applicant’s argument in noting that “the prior art of record
`
`does not teach wherein the selection algorithm uses a minimum bit
`
`rate criteria applicable to the respective logic channel.” Id., 7-12.
`
`However, as discussed below, this purported novel feature was well
`
`known in the art, as shown, for example, by R2-010182 and Peisa.
`
`See Buehrer, ¶¶59-60.
`
`
`
`6
`
`
`
`
`
`C. TS25.321
`3GPP TS 25.321 V3.6.0 is a technical specification (TS) from the
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`3GPP Technical Specifications Group Radio Access Network (TSG
`
`RAN) tasked with specifying Layers 2 and 3 of the Radio Access
`
`interface for UMTS. See TS25.321, Title, p. 2, and Buehrer, ¶62.
`
`TS25.321 describes the MAC protocol specification for a UMTS
`
`network, e.g., the wireless network described by the ’487 Patent. See
`
`TS25.321, Keywords, p. 2; see also id., §§2 and 3, pp. 6-7 and Buehrer,
`
`¶¶63-64. TS25.321 was publicly available on the 3GPP file server no
`
`later than December 10, 2000, qualifying as prior art for the ’487
`
`Patent under pre-AIA 35 USC §102(a). See Bishop, §§V, VII; see also
`
`Nokia Solutions et al. v. Huawei Technologies Co. Ltd., IPR2017-00660,
`
`Paper 8, 11-14. A later version—3.7.0—of TS25.321 was disclosed by
`
`the Applicant, but not substantively considered, during prosecution of
`
`the application. See EX-1004, 38, 125.2
`
`
`2 Applicant’s disclosure erroneously noted the publication month of
`
`TS25.321 v3.7.0 as 2000-03, but the correct month is 2001-03. See EX-
`
`1010, Versions.
`
`
`
`7
`
`
`
`
`
`Being a technical specification from a standards-setting
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`organization, TS25.321 provides the definitive standard for aspects of
`
`the MAC layer of the network protocol architecture implemented by
`
`devices in a UMTS network, e.g., by describing the MAC layer
`
`architecture and functionality of individual user terminals, such as
`
`mobile stations (referred to as user equipments (UE) by the standard),
`
`and network devices in the wireless access network, such as
`
`RNCs in the UMTS Terrestrial Radio Access Network (UTRAN). See
`
`Buehrer, ¶64. The description includes specification of MAC layer
`
`traffic and the communications channels between UEs and RNCs. Id.
`
`In doing so, TS25.321 teaches most of the features of the Challenged
`
`Claims, as discussed in greater detail in the following sections,
`
`including, for independent claims 1 and 12, most limitations that the
`
`Applicant did not dispute were taught by prior art. See id.¸¶¶68-69.
`
`To illustrate, TS25.321 discloses that the MAC is connected to the
`
`lower physical layer (layer 1) and higher layers, RLC and radio
`
`resource control (RRC), providing data transfer services between MAC
`
`and RLC using logical channels, which are mapped to transport
`
`channels operated between the MAC and physical layers. See, e.g.,
`
`
`
`8
`
`
`
`
`
`TS25.321, §§4.2.3-4.3.3, pp. 9-17, §8, p. 19, and FIG. 4.2.3.1 (showing
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`the UE side MAC architecture, reproduced below). See also Buehrer,
`
`¶¶65-66.
`
`
`
`
`
`TS25.321 FIG. 4.2.3.1 (annotated)
`
`
`
`TS25.321 further discloses that the MAC performs selection of
`
`transport formats (TFs) and TFCs for the transport channels. See, e.g.,
`
`TS25.321, §§4.2.3.1-4.2.4.1, pp. 10-13, §6.1, p. 17. In particular,
`
`TS25.321 describes a detailed algorithm for “[t]ransport format
`
`combination selection in UE,” which is based on the “priorities between
`
`logical channels” and is used “each time a TFC selection is performed.”
`
`Id., §11.4, pp. 38-39; see also Buehrer, ¶67. As discussed below, a
`
`modified version of this algorithm that was proposed by R2-010182 fully
`
`
`
`9
`
`
`
`
`
`discloses the purported novel feature of the TFC selection algorithm
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`claimed in the ’487 Patent.
`
`D. R2-010182
`R2-010182, which is a discussion paper with a change request for
`
`TS25.321, was discussed during meeting #18 of the 3GPP TSG RAN
`
`working group (WG2) in January 2001, and was publicly available on
`
`the 3GPP file server no later than January 23, 2001. See Bishop, §§IV,
`
`VII; see also Nokia Solutions, IPR2017-00660, Paper 8, 11-14. R2-
`
`010182 accordingly qualifies as prior art for the ’487 Patent under pre-
`
`AIA 35 USC §102(a).
`
`Referring to the TFC selection algorithm described in TS25.321
`
`§11.4, see supra §IV.C, R2-010182 notes that this algorithm “is not
`
`satisfying because of its absolute priority scheme,” since it could lead to
`
`“exclusion of some logical channels for transmission in case some TFC
`
`become[s] [i]nvalid.” R2-010182, 1. To address the supposed
`
`drawbacks that the authors of R2- 010182 perceived in TS25.321’s TFC
`
`selection algorithm, R2-010182 proposed modifying the algorithm by
`
`adding three new parameters “to express accurately the needs of
`
`different applications in term of bit rate.” Id., 2. The parameters
`
`
`
`10
`
`
`
`
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`included: a minimum bit rate criterion, “MinGBr : Min guarant[e]ed bit
`
`rate,” which “is the basic needs of the logical channel”; and maximum
`
`bit rate, “MaxBr : Max bit rate,” which represented “the nominal needs
`
`of the logical channel.” Id. See also Buehrer, ¶¶70-71. The modified
`
`TFC selection algorithm proposed by R2-010182 added, to TS25.321’s
`
`existing algorithm, several steps that relied on the new parameters,
`
`thereby replacing the absolute priority scheme of TS25.321’s algorithm
`
`with a relative priority scheme in the modified algorithm that
`
`expressly uses both the MinGBr and MaxBr parameters. See R2-
`
`010182, 2; see also Buehrer, ¶72.
`
`R2-010182 included a change request that showed the precise
`
`changes it suggested to the existing TFC selection algorithm described
`
`in §11.4 of TS25.321. R2-010182, 4. The change request identified the
`
`suggested changes to the actual description of §11.4 of TS25.321,
`
`highlighting the changes with additions and deletions. Id., CR page 5.
`
`The change request also proposed updating the rules for
`
`TS25.321’s TFC selection algorithm—presented in pseudocode format—
`
`to require considering a minimum bit rate criteria. Id. (adding a new
`
`step 7 that selected TFCs such that “MinGBr is gu[a]ranteed”).
`
`
`
`11
`
`
`
`
`
`R2-010182’s proposed change to TS25.321’s TFC selection
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`algorithm reads precisely on the purported novelty of the ’487 patent,
`
`namely that the selection algorithm “for selecting the transport format
`
`combinations” “uses a minimum bit rate criteria applicable to the
`
`respective logic channel,” as recited in claim 1. See Buehrer, ¶¶73-75,
`
`85. This is discussed in greater detail below.
`A person of ordinary skill in the art (POSITA)3 would have been
`
`motivated to combine R2-010182 with TS25.321 since R2-010182
`
`explicitly notes that it is a change request (CR) for TS25.321. See, e.g.,
`
`id., 4 (noting, in the fields of the Change Request form “CR-Form-v3,”
`
`“25.321 CR” with “Current version: 3.6.0.”). See also id., CR pp. 5-6
`
`(indicating, in the header fields, that it is for “3GPP TS 25.321 v3.6.0
`
`(2000-12)”). Indeed, in the Change Request section of the document,
`
`R2-010182 copies verbatim §11.4 of TS25.321, marking the TFC
`
`selection algorithm in that section to show changes proposed by R2-
`
`010182. See id. A POSITA with knowledge of TS25.321 and
`
`considering possible limitations to its contents, such as the TFC
`
`algorithm, would have looked to routine 3GPP contributions (and
`
`
`3 See Buehrer, ¶¶24-26.
`
`
`
`12
`
`
`
`
`
`change requests) like R2-010182. See Buehrer, ¶86. Upon learning
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`about R2-010182, POSITA would have understood that R2-010182
`
`applies directly to TS25.321, and suggests improvements “to solve the
`
`problems encountered in the absolute priority scheme” of TS25.321’s
`
`TFC selection algorithm.” R2-010182, 2. A POSITA thus would have
`
`read R2-010182 in the context of TS25.321. See Buehrer, ¶87.
`
`E. TS25.302
`3GPP TS 25.302 V3.6.0 is another technical specification from
`
`3GPP TSG RAN, describing the services provided by the physical layer
`
`to upper layers of devices in a UMTS network. See TS25.302,
`
`Keywords, p. 1, §1, p. 7; see also Buehrer, ¶88. TS25.302 was publicly
`
`available on the 3GPP file server no later than October 16, 2000,
`
`qualifying as prior art for the ’487 Patent under pre-AIA 35 USC
`
`§102(a). See Bishop, §§VI-VII. A later version—3.7.0—of the TS was
`
`disclosed by the Applicant, but not substantively considered, during the
`
`prosecution of the application. See EX-1004, 38, 125.
`
`TS25.302 describes the attributes and configurations of the
`
`physical layer that are referenced in other 3GPP technical standards,
`
`e.g., TS25.321. For example, TS25.302 notes that the physical layer
`
`
`
`13
`
`
`
`
`
`“offers data transport services to higher layers … through the use of
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`transport channels via the MAC sub- layer,” where “[t]he
`
`characteristics of a transport channel are defined by its transport
`
`format (or format set)” that specifies “the physical layer processing to
`
`be applied to the transport channel in question.” TS25.302, §5.1, p. 10.
`
`Explaining that “Layer 2 [(MAC)] is responsible for the mapping of data
`
`onto L1 [(physical layer)] via the L1/L2 interface that is formed by the
`
`transport channels,” TS25.302 defines the attributes of transport
`
`channels that are used by TS25.321, such as transport block, transport
`
`format and TFC. Id., §§7.1-7.1.11, pp. 16-20. In doing so, TS25.302
`
`discloses several features of the Challenged Claims, e.g., by disclosing
`
`that the Transport Format Combination Set for the transport channels
`
`in the physical layer includes only the allowed or valid TFCs, as recited
`
`in claim 1. Id., §7.1.9, p. 19. See also Buehrer, ¶¶89-91.
`
`A POSITA with knowledge of TS25.321 and TS25.302 would
`
`have been motivated to combine the two references. The two technical
`
`specifications describe features and functions of adjacent layers of
`
`the UMTS network architecture—TS25.321 describes the MAC
`
`protocol specification while TS25.302 describes the services provided
`
`
`
`14
`
`
`
`
`
`by the physical layer, which is below the MAC layer and provides
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`services to the MAC layer. See Buehrer, 92; see also supra §IV.C.
`
`The specifications in TS25.321 relies on several features
`
`corresponding to the physical layer, such as transport channels,
`
`transport format, and TFCs, which are defined in TS25.302. Indeed,
`
`TS25.321 cites to TS25.302, noting that the latter “contain provisions
`
`which, through reference in [TS25.321] text, constitute provisions of
`
`the present [TS25.321].” TS25.321, §2, p. 6. Similarly, TS25.302
`
`refers to several features related to the MAC layer, such as logical
`
`channels, and mapping of RLC-PDUs to transport blocks, which
`
`are described in detail in TS25.321. See, e.g., TS25.302, §5.3, p. 11,
`
`§9, p. 32. See also Buehrer, ¶¶92-93.
`
`A POSITA looking to implement a UMTS network would
`
`have been required to examine and comply with the various 3GPP
`
`technical specifications for UMTS. In doing so, the POSITA would
`
`have looked at TS25.321 and TS25.302 and readily noted that they
`
`are complementary technical specifications directed towards
`
`adjacent layers of the same UMTS protocol stack, with TS25.321
`
`relying on many features and services that are described in
`
`
`
`15
`
`
`
`
`
`TS25.302. The two references are also contemporaneous technical
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`specifications—created within months of each other—and authored
`
`by the same standards-setting organization, 3GPP. Accordingly, as
`
`Prof. Buehrer notes, to fully understand the specification of the MAC
`
`layer protocol in TS25.321, or to obtain a comprehensive view of the
`
`UMTS network, or both, a POSITA would have been motivated to
`
`look at the two references together, combining their teachings. See
`
`id., ¶¶101, 103.
`
`F. Peisa
`Peisa is U.S. Patent No. 6,850,540, which discloses packet
`
`scheduling for data flows by the MAC layer in a UMTS network. See
`
`Peisa, Abstract; see also Buehrer, ¶¶94-95. Having a U.S. priority date
`
`of February 25, 2000, Peisa published as a patent on February 1, 2005,
`
`thereby qualifying as prior art for the ’487 Patent under pre-AIA 35
`
`USC §102(e).
`
`During prosecution of the application for the ’487 Patent, the
`
`Examiner had applied selected portions of Peisa to reject the claims as
`
`anticipated. See EX-1004, 31-39. The Applicant’s response narrowly
`
`focused on col. 10, lines 1-12 of Peisa, which was applied to the
`
`
`
`16
`
`
`
`
`
`purportedly novel feature, arguing that this portion failed to disclose or
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`suggest the corresponding features. See id., 22-30; see also supra §IV.B.
`
`This narrow argument was sufficient to persuade the Examiner to
`
`allow the application. See id. However, different portions of Peisa are
`
`considered in this Petition, which, alone or in combination with other
`
`references, clearly render the ’487 Patent claims obvious, as discussed
`
`in detail below and as noted by Prof. Buehrer. See Buehrer, ¶60.
`
`Indeed, the record does not indicate that the Examiner considered the
`
`portions of Peisa cited in this Petition, which are more relevant to the
`
`purportedly novel feature of the ’487 patent than that cited and
`
`considered during original prosecution. This lack of consideration is
`
`corroborated by the Examiner’s reliance on inherency to make his case
`
`based on Peisa’s col. 10, lines 1-12 despite express disclosure
`
`supporting his argument being readily available elsewhere in Peisa’s
`
`disclosure. See EX-1004, 31-39. Petitioner respectfully submits that
`
`the arguments advanced herein with respect to the Peisa grounds are,
`
`therefore, new and requests that the Board consider these arguments
`
`on their merits. See, e.g., Becton et al. v. B. Braun Melsungen AG,
`
`
`
`17
`
`
`
`
`
`IPR2017-01586, Paper 8, 22-28; see also Apple Inc., et al. v. Evolved
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`Wireless LLC, IPR2016-01209, Paper 7, 14-16.
`
`Similar to the ’487 Patent, Peisa discloses “scheduling packets of
`
`data/informational flows having differing priority levels” in a UMTS
`
`network. Peisa, 1:26-32. Peisa’s invention describes a MAC layer of a
`
`UE or an RNC in a UMTS network that “schedules packet
`
`transmission of various data flows” by selecting valid TFCs from a TFC
`
`set “based on guaranteed rate transmission rates,” among other
`
`criteria. Id., 2:40-67; see also id., 6:20-9:56, 14:6-20:31. In some
`
`implementations, the MAC layer also uses backlog memories to satisfy
`
`“previously unmet guaranteed[] transmission rates.” Id., 2:48-63. See
`
`also Buehrer, ¶¶95-97.
`
`In greater detail, Peisa describes that several implementations in
`
`which the MAC layer schedules data transmission for flows on
`
`transport channels, using algorithms that select a TFC from the set of
`
`permitted TFCs of the transport channels based on several criteria,
`
`which include criteria for choosing TFCs that provide logical channels
`
`with at least their guaranteed bit rates (i.e., minimum bit rate criteria,
`
`as claimed). See, e.g., Peisa, 9:1-30, 10:29-11:50, 17:48-20:30, FIGS. 4,
`
`
`
`18
`
`
`
`
`
`8. Peisa explains that the flow data is carried by Radio Access Bearers
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`(RABs) allocated to the UEs, where the RABs are mapped to logical
`
`channels in the RLC layer. See, e.g., Peisa, 4:11-46, 6:41-50. The MAC
`
`receives the flow data from the RLC layer as RLC PDUs over logical
`
`channels, and maps these data into transport blocks of several
`
`transport channels in the physical layer. See, e.g., id., 6:50-7:18. The
`
`MAC maps the data into transport blocks using transport formats of
`
`the transport channels that are specified by the TFC selected according
`
`to the disclosed algorithms. See, e.g., id., 7:25-60. Peisa notes that
`
`these schemes are realized by both the UEs and the RNCs in the
`
`UMTS network. See, e.g., id., 9:30-34, 18:17-18. See also Buehrer,
`
`¶¶98-99.
`
`A POSITA with knowledge of Peisa and TS25.302 would have
`
`been motivated to combine the two references. In describing its
`
`packet scheduling algorithms, Peisa relies heavily on UMTS physical
`
`layer concepts, such as transport channels, transport format, transport
`
`block size, transport block set size, TFC, transmission time interval
`
`(TTI), among others. See, e.g., Peisa, 2:48-67, 4:20-48, 6:66-7:36. A
`
`POSITA looking to understand these UMTS physical layer concepts in
`
`
`
`19
`
`
`
`
`
`greater detail would be motivated to look at UMTS standards that
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`described the physical layer attributes, and accordingly would have
`
`considered TS25.302, which is the technical specification for UMTS
`
`physical layer services that provide definitions of the UMTS physical
`
`layer attributes relied upon by Peisa. See, e.g., TS25.302, §7, pp. 16-
`
`23. Thus, to fully understand the UMTS physical layer parameters
`
`used by Peisa’s packet scheduling algorithms, a POSITA would have
`
`been motivated to look at TS25.302 in combination with Peisa. See
`
`Buehrer, ¶100.
`
`Peisa reads on all the features of claim 1, while the combination
`
`of Peisa with TS25.302 reads on all the features of claims 4-6, as
`
`demonstrated below. See id., ¶¶101¸236.
`
`V. CLAIM CONSTRUCTION
`
`The challenged claims are unpatentable when construed in
`
`accordance with the ordinary and customary meaning as understood by
`
`one of ordinary skill in the art and the prosecution history pertaining to
`
`the patent or when construed in accordance with their broadest
`
`reasonable interpretation. Rule 42.100(b); Phillips v. AWH Corp., 415
`
`F.3d 1303 (Fed. Cir. 2005) (en banc). No terms require additional
`
`
`
`20
`
`
`
`
`
`construction beyond their ordinary and customary meaning, as applied
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`herein. See also Buehrer, ¶61.
`
`VI. DETAILED EXPLANATION OF GROUNDS
`
`The grounds discussed herein incorporate the explanations set
`
`forth in §IV.
`
`A. Ground 1: TS25.321 in view of R2-010182 and TS25.302
`renders claims 1-6 obvious
`Petitioner proposes, as Ground 1, that claims 1-6 are obvious over
`
`the combination of TS25.321, R2-010182 and TS25.302. These
`
`references are introduced, and their combination explained, above in
`
`§§IV.C-IV.E, and in the following sections.
`
`None of TS25.321, R2-010182 or TS25.302 was considered by the
`
`Examiner during prosecution of ’487 Patent. See supra §IV.B. As such,
`
`Petitioner respectfully submits that the arguments presented in this
`
`Section are new.
`
`[1pre] A network with a first plurality of logic channels with
` which is associated a second plurality of transport
`
`channels,
`
`To the extent the preamble of claim 1 is considered limiting,
`
`TS25.321 in view of R2-010182 and TS25.302 teaches this limitation.
`
`
`
`21
`
`
`
`
`
`To illustrate, the references are all directed towards radio access
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`networks for mobile communications. For example, TS25.321, in its
`
`very title teaches that it is a technical specification for the MAC
`
`protocol for “radio access networks.” TS25.321, Title (emphasis added);
`
`see also id., §1, p. 6, and supra §IV.C. A POSITA would have readily
`
`understood that TS25.321 describes the MAC protocol specification of
`
`the network protocol layer architecture for a UMTS Terrestrial Radio
`
`Access Network (UTRAN). See TS25.321, Keywords, p. 2, §§2 and 3,
`
`pp. 6-7; see also Buehrer, ¶¶104-107.
`
`TS25.321 also discloses that the UMTS radio access network has
`
`a first plurality of logical channels is associated with a second
`
`plurality of transport channels, as recited in the preamble. For
`
`example, TS25.321 notes that the “functions of MAC include:[]
`
`mapping between logical channels and transport channels.” TS25.321,
`
`§6.1, p. 17 (emphasis added). Elsewhere, in describing the traffic
`
`related architecture of the “UE Side” MAC, TS25.321 discloses that the
`
`“mapping of logical channels on transport channels depends on the
`
`multiplexing that is configured by RRC.” Id., §4.2.3, p. 10, FIG. 4.2.3.1
`
`
`
`22
`
`
`
`
`
`(reproduced below, showing logical channels associated with transport
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`channels through the MAC layer).
`
`TS25.321 FIG. 4.2.3.1 (annotated)
`
`
`
`In greater detail, TS25.321 describes the association between
`
`
`
`logical channels and transport channels by disclosing specific
`
`connections between particular logical channels (e.g., PCCH, CCCH,
`
`DCCH) and particular transport channels (e.g., FACH, PCH, RACH).
`
`See Id., §§4.3-4.3.3, pp. 15-17. A POSITA accordingly would have
`
`understood that TS25.321 teaches that a first plurality of logical
`
`channels is mapped to, i.e., associated with, a second plurality of
`
`transport channels. See Buehrer, ¶¶108-111.
`
`
`
`23
`
`
`
`
`
`Petition for Inter Partes Review Of
`U.S. Patent No. 7,167,487
`
`
`[1a] which transport channels [are] provided for transmitting
`
`transport blocks formed from packet units of the logic
`
`channels
`In describing the functions of the MAC, TS25.321 teaches that
`
`transport channels are provided for transmitting transport
`
`blocks formed from packet units¸ which are referred to as “higher
`
`layer PDUs”: “The functions of MAC include:[]
`
`multiplexing/demultiplexing of higher layer PDUs into/from transport
`
`blocks delivered to/from the physical layer on common transport
`
`channels;[]multiplexing/demul
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
