Attorney Docket No. 18768-0183IP1
`IPR of U.S. Patent No. 7,039,435
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`B. Application to Challenged Claims
`[1.P] A portable cell phone, comprising:
`To the extent the preamble is deemed limiting, which Petitioner does not
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`concede, Irvin discloses a portable cell phone. EX1003, ¶101. For example, Irvin
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`describes a “mobile terminal” for a “wireless communication system,” indicating
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`that the “terminal” is a portable cell phone. EX1005, Abstract; 1; 2-3; FIGS. 1-10;
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`6; EX1020, Abstract; 1; 2-4; FIGS. 1-10; 8.
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`IPR of U.S. Patent No. 7,039,435
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`B. Application to Challenged Claims
`[1.P] A portable cell phone, comprising:
`To the extent the preamble is deemed limiting, which Petitioner does not
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`concede, Irvin discloses a portable cell phone. EX1003, ¶101. For example, Irvin
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`describes a “mobile terminal” for a “wireless communication system,” indicating
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`that the “terminal” is a portable cell phone. EX1005, Abstract; 1; 2-3; FIGS. 1-10;
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`6; EX1020, Abstract; 1; 2-4; FIGS. 1-10; 8.
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`Attorney Docket No. 18768-0183IP1
`IPR of U.S. Patent No. 7,039,435
`[1.1] a power circuit that provides a network adjusted transmit power level as a
`function of a position to a communications tower; and
`Irvin’s “mobile terminal” includes a power circuit provided by the “trans-
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`mitter,” including its “power control loop,” alone or together with at least portions
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`of the “processor” involved in control of transmitter power output. EX1003, ¶102.
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`The “transmitter” is used to process and broadcast radio signals via the “antenna,”
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`and includes a “power control loop 40 for controlling transmitter power output.”
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`EX1005, 6; EX1020, 7-8. “A baseband block 42 generates an RF signal to be
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`transmitted. The RF signal is provided to an RF driver stage 44. The RF drive
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`stage supplies sufficient signal level to a power amplifier 46. The power amplifier
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`46 amplifies the signal and provides it to the antenna 12.” EX1005, 6; EX1020, 8.
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`Irvin depicts a block diagram of the circuit components of its “transmitter 18,” in-
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`cluding “baseband block 42,” “RF drive stage 44,” “power amplifier 46,” and cir-
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`cuit connections between these components that provide electrical connection so
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`that the components can carry out the functions of the “transmitter.” EX1005,
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`FIGS. 2 and 5; EX1020, FIGS. 2 and 5.
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`Attorney Docket No. 18768-0183IP1
`IPR of U.S. Patent No. 7,039,435
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`EX1003, ¶102(annotating EX1005, FIG. 2).
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`Irvin also explains that the “driver stage 44 and power amplifier 46 are oper-
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`atively connected to the processor 22,” and the “processor 22 conventionally con-
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`trols operation of the driver stage 44 and power amplifier 46 to control transmitter
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`power output,” indicating that the “transmitter” produces a transmit power level of
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`the outgoing transmissions to be emitted by the “antenna.” EX1005, 6; EX1020, 8;
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`EX1003, ¶103.
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`The evidence here confirms that Irvin’s “transmitter,” including the “power
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`control loop,” is commensurate with the embodiment of the ’435 patent, which ad-
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`mits the power circuit 130 is a “typical” power circuit that produces a transmit
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`power level equivalent to “a maximum transmit power level of one watt,” and that
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`also employs the “antenna 125” for transmission. EX1001, 3:31-42; EX1003,
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`Attorney Docket No. 18768-0183IP1
`IPR of U.S. Patent No. 7,039,435
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`¶104.
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`Further, Irvin discloses that its power circuit provides a network adjusted
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`transmit power level as a function of a position to a communications tower.
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`EX1003, ¶105. According to the first construction described above (supra, Section
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`V), claim 1 encompasses a network adjusted transmit power level that is “based on
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`a transmit signal strength of a communications path between the communications
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`tower 110 and the portable cell phone 120.” EX1001, 3:39-42. Irvin describes that
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`“[i]n an advanced mobile phone system (AMPS), for example, the base station
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`which the mobile terminal 10 is communicating transmits a mobile attenuation
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`code (MAC) identifying one of eight power levels. The processor 22 controls the
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`power control loop 40 so that power output satisfies the MAC.” EX1005, 6;
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`EX1020, 8. The MAC is selected so that the transmissions provide a required
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`transmit power level based on signal strength. EX1003, ¶105. In particular, Irvin
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`explains that this is accomplished by the base station “measuring signal strength
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`and returning instructions to the mobile terminal to modify transmitter power out-
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`put.” EX1005, 1 (emphasis added); EX1020, 1; EX1003, ¶105(citing EX1006 1:9-
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`17 (“In the most common mobile communication means systems, the base station
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`controls the transmitted power of the mobile communication means on the basis of
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`the received signal level,” and is small “close to the base station” and at its maxi-
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`mum “at the limits of the coverage area.”)). This conventional aspect of mobile
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`Attorney Docket No. 18768-0183IP1
`IPR of U.S. Patent No. 7,039,435
`communications is acknowledged by the ’435 patent itself. “Through communi-
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`cations with the communications tower 110 employing the antenna 125, the
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`power circuit 130 may also provide a network adjusted transmit power level that is
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`lower than the maximum power level of one watt.” EX1001, 3:25-42 (emphasis
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`added); id., (“typical power circuit”).
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`Accordingly, Irvin’s “transmitter,” alone or together with at least portions of
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`the “processor” involved in control of transmitter power output, that provides a
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`transmit power level corresponding to a “mobile attenuation code” based on “sig-
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`nal strength,” provides [1.1].
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`To the extent that Irvin is considered to not explicitly disclose the power cir-
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`cuit recited in claim 1, the evidence herein confirms that, before the ’435 patent, it
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`was conventional in such cell phones to use a power circuit that provided a “net-
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`work adjusted transmit power level as a function of a position to a communications
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`tower.” EX1003, ¶106. Myllymäki demonstrates this fact. Myllymäki explains
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`that “[i]n the most common mobile communication means systems, the base sta-
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`tion controls the transmitted power of the mobile communication means on the ba-
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`sis of the received signal level,” and is small “close to the base station” and at its
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`maximum “at the limits of the coverage area.” EX1006, 1:9-17 (emphasis added).
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`Attorney Docket No. 18768-0183IP1
`IPR of U.S. Patent No. 7,039,435
`In other words, the network adjusted transmit level is a function of a transmit sig-
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`nal strength of a communications path (e.g., “received signal level”) between the
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`tower and the cell phone.
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`A POSITA would have been prompted—based upon the known benefits rec-
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`ognizable from Myllymäki’s suggestions—to implement Irvin’s device such that
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`the “transmitter”/“power control loop” provides a transmit power level determined
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`on the basis of the signal level received by the base station. EX1003, ¶107. Irvin
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`already described providing a transmit power level based on a “quality signal” but
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`did not exhaustively express the ordinary implementation details of determining
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`transmit power using signal strength (because such an arrangement was “typical”
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`as admitted in the ’435 patent, 3:31-34). A number of reasons would have
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`prompted a POSITA to implement Irvin’s “transmitter”/“power control loop” to
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`achieve known benefits at the time. First, a POSITA would have done so to
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`achieve the known benefits of the adjusting for the signal strength so that commu-
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`nications of desired quality would be effectively transmitted both in close proxim-
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`ity to the base station and when near the outer bounds of a cell. EX1003, ¶107. In-
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`deed, Myllymäki describes the base station controlling the “transmitted power of
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`the mobile communication means on the basis of the received signal level,” and
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`thus the transmitted power is small “close to the base station” and at its maximum
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`“at the limits of the coverage area.” EX1006, 1:9-17. Second, doing so would have
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`Attorney Docket No. 18768-0183IP1
`IPR of U.S. Patent No. 7,039,435
`been merely the application of a known technique (e.g., control of transmit power
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`based on “signal level”) to a known system (Irvin’s device that provides a network
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`adjusted transmit power) ready for improvement to yield predictable results. KSR,
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`550 U.S. at 417; see also EX1003, ¶108. Indeed, the ’435 patent admits this tech-
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`nique was known; it does not claim to have invented a “power circuit” or its capa-
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`bility to provide a “network adjusted transmit power level as a function of a posi-
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`tion to a communications tower,” and instead concedes that this element was “typi-
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`cal” at the time. EX1001, 3:31-34.
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`[1.2] a proximity regulation system, including:
`Irvin discloses a proximity regulation system. EX1003, ¶109. For example,
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`Irvin describes that the “mobile terminal 10 includes a proximity detector 38 for
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`detecting if the housing 11, and thus antenna 12, is proximate a human body,” and
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`that is connected to the “processor 22.” EX1005, 6; 2; 3; EX1020, 7; 2-4. “The
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`processor 22 operates in accordance with a control program,” to “limit or cap
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`transmitter power output if the antenna 12 is proximate a human body.” Id., 6; 2;
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`EX1020, 7; 2-3. In other words, the transmit power output by the “transmitter” is
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`limited to an allowable maximum value if the device “antenna” is proximate a hu-
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`man body. EX1003, ¶109.
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`Accordingly, Irvin’s “proximity detector,” and at least a portion of the “pro-
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`cessor”/“control” that includes a control program used to regulate transmit power,
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`Attorney Docket No. 18768-0183IP1
`IPR of U.S. Patent No. 7,039,435
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`provides the claimed proximity regulation system.
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`[1.3] a location sensing subsystem that determines a location of said portable
`cell phone proximate a user; and
`Irvin discloses a location sensing subsystem provided by at least the “prox-
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`imity detector.” EX1003, ¶¶110-112. Irvin describes that “mobile terminal 10 in-
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`cludes a proximity detector 38 for detecting if the housing 11, and thus antenna 12,
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`is proximate a human body,” indicating that it determines a location of said porta-
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`ble cell phone proximate a user. EX1005, 6; 2 (“detector”); 2-3 (“photo detector”);
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`(“touch-sensitive detection circuit”); 6; 7; FIGS. 2, 3; EX1020, 7; 2-4; 8; 9; FIGS.
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`2, 3.
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`EX1003, ¶110(annotating EX1005, FIG. 2); EX1005, 7; FIG. 3; EX1020, 9; FIG.
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`3.
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`Attorney Docket No. 18768-0183IP1
`IPR of U.S. Patent No. 7,039,435
`Indeed, although not recited in claim 1, Irvin describes multiple implementa-
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`tions in which the “proximity detector” is used to detect a location in which the de-
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`vice is in “the ‘talk’ position next to the user’s head.” EX1005, 3, 10; cls. 6, 8, 16,
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`18; EX1020, 3; 12-13; cls. 6, 8, 16, 18. This is commensurate with the embodi-
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`ment in the ’435 patent, which describes that “the location sensing subsystem 220
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`may determine if the portable cell phone 200 is proximate the head of the user.”
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`EX1001, 4:53-61; 4:7-9; EX1003, ¶111.
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`Alternatively or additionally, Irvin’s location sensing subsystem includes at
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`least portions of the “processor” controlling/interacting with the “proximity detec-
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`tor,” such portions of the “processor” are used to process input from the detector to
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`determine proximity to a user. EX1003, ¶112; EX1005, 6 (“detector 38 is opera-
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`tively connected to the processor 22”); 2 (“the control comprises a programmed
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`processor and the detector is implemented by the programmed processor.”); 7; 9;
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`10; FIG. 1 (showing connection between “proximity detector 38” and “processor
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`22”); FIG. 3; EX1020, 2; 3; 5-6; 7; 9; 11; 12; 13; FIGS. 1, 3.
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`Accordingly, Irvin’s “proximity detector,” alone or together with at least a
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`portion of the “processor,” provides the claimed location sensing system.
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`Attorney Docket No. 18768-0183IP1
`IPR of U.S. Patent No. 7,039,435
`[1.4] a power governing subsystem, coupled to said location sensing subsystem,
`that determines a proximity transmit power level of said portable cell
`phone based on said location and determines a transmit power level for
`said portable cell phone based on said network adjusted transmit power
`level and said proximity transmit power level.
`The Irvin-Myllymäki combination discloses this element. EX1003, ¶¶113-
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`114. Irvin describes a power governing subsystem provided by the “processor,”
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`including its “control program” used to “limit or cap transmitter power output if
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`the antenna 12 is proximate a human body.” EX1005, 6; EX1020, 7.
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`The “processor” is coupled to said location sensing subsystem (e.g., “prox-
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`imity detector”). EX1003, ¶113. Indeed, Irvin expressly indicates that the “detec-
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`tor 38 is operatively connected to the processor 22.” EX1005, 6; EX1020, 7.
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`Irvin’s “processor” determines a proximity transmit power level of said
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`portable cell phone based on said location of the mobile device proximate the
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`user. For example, “processor 22 implements a logic function so that if the prox-
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`imity detector 38 senses that the antenna 12 is proximate the user, then the proces-
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`sor 22 establishes a power level cap that the power amplifier 46 is not permitted to
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`exceed.” EX1005, 6; EX1020, 8. The “processer” thus determines a proximity
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`transmit level (e.g., “power level cap”) using input from “proximity detector 38.”
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`EX1003, ¶113; EX1005, 7 (“mobile attenuation codes 000, 001, 010 and 011 could
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`be reset to 100 if the antenna 12 is near the user.”); EX1020, 8.
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`Irvin further explains that the “processor” determines a transmit power level
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`Attorney Docket No. 18768-0183IP1
`IPR of U.S. Patent No. 7,039,435
`for said portable cell phone based on said network adjusted transmit power level
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`and said proximity transmit power level. Irvin’s system determines a power level
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`based on both a network adjusted power level (e.g., mobile attenuation code re-
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`ceived from base station) and a proximity transmit power level (e.g., “power level
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`cap”). Irvin teaches that “mobile attenuation codes 000, 001, 010 and 011”— cor-
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`responding to power levels greater than the “power level cap”—“could be reset to
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`100 if the antenna 12 is near the user.” EX1005, 7; EX1020, 8. The “other mobile
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`attenuation codes would be processed unaltered, regardless of proximity to the
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`user, as the power output amounts generated from these codes are less than the
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`cap.” EX1005, 7; EX1020, 8-9. In this way, Irvin’s “processor” provides a trans-
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`mit power level that is based on both a network adjusted transmit power level de-
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`termined from the MAC received from a base station and measured proximity of
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`the antenna to a body part of the user. EX1003, ¶114.
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` Accordingly, the “processor” coupled with the “proximity detector,” which
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`determines a transmit power level based on a received “MAC” (network adjusted
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`transmit power level) and a “power level cap” (proximity transmit power level),
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`provides [1.4].
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`[2] The portable cell phone as recited in claim 1 wherein said location sensing
`subsystem determines said location with respect to a portion of a body of
`said user.
`Irvin’s location sensing subsystem determines said location with respect to a
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`Bell Northern Research, LLC, Exhibit 2015, Page 11 of 11
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