UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
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`QUALCOMM INCORPORATED and
`ZYXEL COMMUNICATIONS CORPORATION,
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`Petitioner,
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`v.
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`UNM RAINFOREST INNOVATIONS,
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`Patent Owner.
`_____________________
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`IPR2021-00375
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`Patent 8,265,096 B2
`_____________________
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`SUPPLEMENTAL DECLARATION OF DR. SUMIT ROY, Ph.D. IN
`SUPPORT OF PETITIONER’S RESPONSE TO
`PATENT OWNER’S MOTION TO AMEND
`Ex. 1039
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`_____________________
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
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`QUALCOMM INCORPORATED and
`ZYXEL COMMUNICATIONS CORPORATION,
`
`Petitioner,
`
`v.
`
`UNM RAINFOREST INNOVATIONS,
`
`Patent Owner.
`_____________________
`
`IPR2021-00375
`
`Patent 8,265,096 B2
`_____________________
`
`SUPPLEMENTAL DECLARATION OF DR. SUMIT ROY, Ph.D. IN
`SUPPORT OF PETITIONER’S RESPONSE TO
`PATENT OWNER’S MOTION TO AMEND
`Ex. 1039
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`I.
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`b)
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`c)
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`TABLE OF CONTENTS
`INTRODUCTION, BACKGROUND, QUALIFICATIONS, AND
`MATERIALS RELIED UPON ....................................................................... 1
`THE PROPOSED AMENDED CLAIMS ....................................................... 5
`II.
`LEGAL STANDARDS ................................................................................... 8
`III.
`IV. CLAIM CONSTRUCTION ............................................................................ 8
`LEVEL OF ORDINARY SKILL IN THE ART ............................................. 8
`V.
`VI.
`SPECIFIC GROUNDS OF CHALLENGE AND SUMMARY OF
`OPINIONS ....................................................................................................... 8
`Ground 3: Proposed Amended Claims 44-47 and 49-50 are
`A.
`Rendered Obvious by Talukdar in view of Li ..................................... 11
`Proposed Amended Claim 44 ................................................... 11
`1.
`a)
`44[pre]: “A method of constructing a frame
`structure for data transmission, the method
`comprising” ..................................................................... 11
`44[a]: “generating a first section comprising data
`configured in a first format compatible with a first
`communication system using symbols” ......................... 13
`44[b]: “generating a second section following the
`first section, the second section comprising data
`configured in a second format compatible with a
`second communication system using symbols,
`wherein the first communication system’s symbols
`and the second communication system’s symbols
`co-exist in one transmission scheme” ............................. 20
`44[c]: “and wherein: the second format is
`compatible with the second communication system
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`d)
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`e)
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`f)
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`configured to support higher mobility than the first
`communication system, wherein each symbol in
`the second communication system has a shorter
`symbol period than that in the first communication
`system” ........................................................................... 27
`44[d]: “wherein the second communication system
`has pilot symbols that are denser than those in the
`first communication system” .......................................... 42
`44[e]: “generating at least one non-data section
`containing information describing an aspect of data
`in at least one of the first section and the second
`section” ........................................................................... 48
`44[f]: “combining the first section, the second
`section and the at least one non-data section to
`form the frame structure” ............................................... 52
`Proposed Amended Claim 45 ................................................... 53
`2.
`Proposed Amended Claim 46 ................................................... 55
`3.
`Proposed Amended Claim 47 ................................................... 57
`4.
`Proposed Amended Claim 49 ................................................... 59
`5.
`Proposed Amended Claim 50 ................................................... 61
`6.
`VII. SECONDARY CONSIDERATIONS ........................................................... 63
`VIII. CONCLUSION .............................................................................................. 63
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`g)
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`I.
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`INTRODUCTION, BACKGROUND, QUALIFICATIONS, AND
`MATERIALS RELIED UPON
`1.
`My name is Sumit Roy, Ph.D., and I have been retained by counsel for
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`petitioner, Qualcomm Incorporated (“Qualcomm” or “Petitioner”) as an expert
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`witness to provide assistance regarding a petition for Inter Partes Review (”IPR”)
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`of U.S. Patent No. 8,265,096 (“the ’096 Patent”). Previously, I was asked to consider
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`the validity of issued claims 1-4 and 6-8 of the ’096 Patent (the “Challenged
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`Claims”) in view of prior art, anticipation and obviousness considerations, and
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`understanding of a person of ordinary skill in the art (“POSITA”) as it relates to
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`the ’096 Patent, and I submitted the Declaration of Sumit Roy, Ph.D. on those
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`subjects (Exhibit 1002 or my “Initial Declaration”) in this IPR.
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`2.
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`In my Initial Declaration, I explained why: the ’096 Patent is not
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`entitled to priority from U.S. Provisional Patent Application No. 60/929,798
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`(“the ’798 Application”); on Ground 1, Claims 1-4 and 6-7 of the ’096 Patent are
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`invalid over Talukdar in view of Li; on Ground 2, Claim 8 of the ‘’096 Patent is
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`invalid over Talukdar in view of Nystrom.
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`3.
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`I now have been asked to consider the subjects of prior art, anticipation
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`and obviousness from the standpoint of a POSITA (as defined in my Initial
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`Declaration) with regard to proposed claims 44-50 (“the Proposed Amended
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`Claims” and each a “Proposed Amended Claim”) submitted with Patent Owner’s
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`Motion to Amend, Paper No. 27 (“Motion”).
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`4.
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`I have personal knowledge of the facts and opinions set forth in this
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`declaration and believe them to be true. If called upon to do so, I would testify
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`competently thereto.
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`5.
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`I am being compensated for my time at my standard consulting rate of
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`$650 per hour. I am also being reimbursed for expenses that I incur during the course
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`of this work. My compensation is not contingent upon the results of my study, the
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`substance of my opinions, or the outcome of any proceeding involving the
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`challenged claims. I have no financial interest in the outcome of this matter or on the
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`pending litigation between Petitioner and Patent Owner.
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`6. My opinions are based on my years of education, research, experience,
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`and other qualifications, as set forth in my Initial Declaration, as well as my
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`investigation and study of relevant materials, including those cited herein and in my
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`Initial Declaration.
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`7.
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`I rely upon the materials identified in my Initial Declaration, my
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`knowledge and experience, and/or additional materials to rebut arguments raised by
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`the Patent Owner. In addition, I now have reviewed Patent Owner’s Preliminary
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`Response (Paper 8), the Declaration of Branimir Vojcic, D.Sc., in Support of UNM
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`Rainforest Innovations’ Preliminary Response (Ex. 2002), Patent Owner’s Response
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`(Paper 27), the transcript of the deposition of Dr. Vojcic, taken in this proceeding
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`(excerpts of which are attached as Ex. 1038), as well as the Decision Granting
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`Institution of Inter Partes Review (Paper 11) in this proceeding. Further, I may also
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`consider additional documents and information in forming any necessary opinions,
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`including testimony of other expert witnesses or documents that may not yet have
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`been provided to me.
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`8.
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`In reaching the conclusions described in this declaration, I have relied
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`on the documents and materials cited herein as well as those identified in my Initial
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`Declaration (which I will not repeat here, for efficiency, except that I will provide
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`an updated list of exhibits) and cited therein, as well as any other prior art references,
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`and information discussed and any other references specifically identified in this
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`declaration.
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`Description
`U.S. Patent No. 8,265,096 (“the ’096 patent”)
`Declaration of Dr. Sumit Roy (“Roy”)
`Sand Revolution II, LLC v. Continental Intermodal Group-Trucking
`LLC, Paper 24, IPR2019-01393 (PTAB June 16, 2020)
`Eleventh Supplemental Order Regarding Court Operations Under
`Exigent Circumstances Created by the Covid 19 Pandemic (W.D.
`Tex. Dec. 10, 2020)
`Excerpts from JEFFREY G. ANDREWS ET AL., FUNDAMENTALS OF
`WIMAX (2007)
`Five Criteria Statement for P802.16m PAR Proposal, IEEE 802.16-
`06/055r3 (Nov. 15, 2006)
`IEEE 802.16m System Requirements, IEEE 802.16m-07/002r4 (Oct.
`19, 2007)
`Listing of Challenged ’096 Patent Claims
`U.S. Provisional App. No. 60/929,798
`Excerpts from ’096 Patent File History
`Claim Construction Order in STC.UNM v. Apple Inc., No. 1-20-cv-
`00351 (W.D. Tex. Apr. 9, 2020), ECF No. 69 (“Markman Order”)
`U.S. Pub. No. 2009/0067377 A1 (“Talukdar”)
`U.S. Provisional Application No. 60/956,031
`Provisional”)
`Canadian Patent Application No. 2 581 166 A1 (“Wang”)
`Ex. 1014
`Ex. 1015 WIPO Handbook on
`Industrial Property
`Information and
`Documentation, “Examples and Kinds of Patent Documents” (May
`2016)
`U.S. Pub. No. 2007/0155387 A1 (“Li”)
`U.S. Pub. No. 2007/0104174 A1 (“Nystrom”)
`U.S. Pub. No. 2008/0095195 (“Ahmadi”)
`Excerpts from William Stallings, WIRELESS COMMUNICATIONS AND
`NETWORKS (2D ED. 2005)
`U.S. Patent No. 7,460,466 B2 (“Lee”)
`U.S. Patent No. 8,462,611 B2 (“Ma”)
`Fixed, nomadic, portable and mobile applications for 802.16-2004
`and 802.16e WiMAX networks (November 2005)
`Ex. 1023 Mohammad Azizul Hasan,
`Performance Evaluation
`WiMAX/IEEE 802.16 OFDM Physical Layer (June 2007)
`U.S. Patent No. 7,710,910 B2 (“Ode”)
`
`(“Talukdar
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`of
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`Times
`Ex. 1001
`Ex. 1002
`Ex. 1003
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`Ex. 1004
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`Ex. 1005
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`Ex. 1006
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`Ex. 1007
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`Ex. 1008
`Ex. 1009
`Ex. 1010
`Ex. 1011
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`Ex. 1012
`Ex. 1013
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`Ex. 1016
`Ex. 1017
`Ex. 1018
`Ex. 1019
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`Ex. 1020
`Ex. 1021
`Ex. 1022
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`Ex. 1024
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`Ex. 1025
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`Ex. 1026
`Ex. 1027
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`Ex. 1028
`Ex. 1029
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`Ex. 1030
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`Ex. 1031
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`Ex. 1032
`Ex. 1033
`Ex. 1034
`Ex. 1035
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`Ex. 1036
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`Ex. 1037
`Ex. 1038
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`
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`IEEE 802.16m System Requirements, IEEE 802.16m-07/002r4 (Jan.
`12, 2007)
`U.S. Pub. No. 2004/0037215 A1 (“Hwang”)
`Yasamin Mostofi, ICI Mitigation for Pilot-Aided OFDM Mobile
`Systems (IEEE, Vol. 4, No. 2, Mar. 2005)
`Declaration of Dr. Robert Akl
`Scott McKeown, District Court Trial Dates Tend to Slip After PTAB
`Discretionary Denials, Patents Post Grant (available at:
`https://www.patentspostgrant.com/district-court-trial-dates-tend-to-
`slip-after-ptab-discretionary-denials/)
`Declaration of Jonah D. Mitchell in Support of Petitioners’ Motion
`for Pro Hac Vice Admission
`Declaration of Christine M. Morgan in Support of Petitioners’ Motion
`for Pro Hac Vice Admission
`ITRI’s Recorded Assignment, Reel/Frame No. 045200/0980
`Sino Matrix’s Recorded Assignment, Reel/Frame No. 021275/0468
`UNM’s Recorded Assignment, Reel/Frame No. 046854/0173
`June 22, 2021 hearing transcript before Judge Albright in UNM’s
`litigations against Dell and ASUSTek.
`Printout from Public PAIR showing the correspondence address of
`record for the ’096 patent
`Excerpt of ’096 file history showing ITRI’s prosecution counsel
`February 9, 2022 Deposition Transcript of Dr. Branimir Vojcic for
`IPR2021-00375
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`9.
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`I will continue to review any new material as it is provided. This
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`declaration represents only those opinions I have formed to date. I reserve the right
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`to revise, supplement, and/or amend my opinions stated herein based on new
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`information and on my continuing analysis of the materials already provided.
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`10. My background and qualifications are summarized in my Initial
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`Declaration.
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`II. THE PROPOSED AMENDED CLAIMS
`11. The Proposed Amended Claims (with additions shown as underlined
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`and brackets to indicate deleted text, if any, and reference letters added to identify
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`the claim’s preamble language, along with other limitations) appear below:
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`Proposed Amended Claim 44:
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`44[pre] A method of constructing a frame structure for data transmission, the
`method comprising:
`44[a]: generating a first section comprising data configured in a first format
`compatible with a first communication system using symbols;
`44[b]: generating a second section following the first section, the second
`section comprising data configured in a second format compatible with a
`second communication
`system using
`symbols, wherein
`the
`first
`communication system's symbols and the second communication system's
`symbols co-exist in one transmission scheme and wherein:
`44[c]: the second format is compatible with the second communication system
`configured to support higher mobility than the first communication system,
`wherein each symbol in the second communication system has a shorter
`symbol period than that in the first communication system; and
`44[d]: wherein the second communication system has pilot symbols that are
`denser than those in the first communication system;
`44[e]: generating at least one non-data section containing information
`describing an aspect of data in at least one of the first section and the second
`section; and
`44[f]: combining the first section, the second section and the at least one
`nondata section to form the frame structure.
`Proposed Amended Claim 45:
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`45: The method of claim [1]44, wherein the non-data section comprises
`mapping information for at least one of the first section and the second section.
`Proposed Amended Claim 46:
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`46: The method of claim [1]44, wherein the non-data section comprises at
`least one of a preamble, a frame control header 60 (FCH), a burst, and a map
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`of at least one of the first section and the second section.
`Proposed Amended Claim 47:
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`47: The method of claim [3]46, wherein the second section follows the first
`section in at least one of time sequence and frequency spectrum.
`Proposed Amended Claim 49:
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`49: The method of claim [1]44, wherein each of the first section and the
`second section carries at least one of uplink and downlink data.
`Proposed Amended Claim 50:
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`50: The method of claim [1]44, wherein the second section carries mapping
`information for data in the second section.
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`12.
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`In its Motion, Patent Owner included independent Proposed Amended
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`Claim 44 to replace original independent claim 1. The sole proposed change to each
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`of the claims in Patent Owner’s Motion to Amend was to add the limitation that “the
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`second system has pilot symbols that are denser than those in the first
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`communication system.”
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`13.
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`The dependent Proposed Amended Claims (claims 45-47 and 49-50)
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`are amended solely to depend on the Proposed Amended claims (claim 46 in the case
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`of claim 47, and claim 44 for all other dependent claims). As a dependent claim,
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`each of claims 45-47 and 49-50 is effectively modified from the original claim
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`because the claim from which it depends also has been amended to include the
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`additional limitation. Each Proposed Amended Claim incorporates the same
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`limitation through dependency from Proposed Amended Claim 44.
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`III. LEGAL STANDARDS
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`14.
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`I applied the legal principles set forth in my Initial Declaration.
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`IV. CLAIM CONSTRUCTION
`15. My Initial Declaration contains my opinions on claim construction and
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`identifies the information upon which I relied and the standards that I applied.
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`V. LEVEL OF ORDINARY SKILL IN THE ART
`16. My Initial Declaration contained my opinion on level of ordinary skill
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`in the art. That opinion continues to apply here.
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`VI. SPECIFIC GROUNDS OF CHALLENGE AND SUMMARY OF
`OPINIONS
`17. As explained below, it is my opinion that the prior art references
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`discussed in my Initial Declaration and in this declaration render Proposed Amended
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`Claims 44-50 unpatentable as obvious, as follows.
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` Ground 3: Proposed Amended Claims 44-47 and 49-50 and 9-10 are
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`unpatentable as obvious over Talukdar in view of Li.
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`18.
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`In my Initial Declaration, I opined as to why the original claims are
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`rendered obvious by Talukdar in view of Li under Ground 1. The sole amendment
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`that Patent Owner has made in going from original claims 1-4 and 6-7 to counterpart
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`Proposed Amended Claims 44-47 and 49-50, respectively, is to add the following
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`additional limitation: “the second system has pilot symbols that are denser than those
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`in the first communication system.”
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`19. While superficially this appears to add a new limitation to each of the
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`Proposed Amended Claims, Patent Owner and its expert Dr. Vojcic confirm that this
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`limitation would necessarily be present in the original claims, in view of the
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`construction of “pilot symbols that are denser than” proposed by both parties to this
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`proceeding: “more pilot symbols per unit time than, wherein a unit time is the symbol
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`period of the first communication system.”
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`20. For example, in element 8[b] of the claim chart following paragraph 52
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`of Dr. Vojcic’s Original Declaration (Exhibit 2001), Dr. Vojcic confirms that
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`increased pilot symbol density is “a natural result of reduced symbol period:”
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`Ex. 2001 at ¶ 53, element 6[b].
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`21. Given the construction of “pilot symbols that are denser than” described
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`above, I agree with Dr. Vojcic on this issue. Because the “unit time” is defined as
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`“the symbol period of the first communication system,” a second communication
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`system with a shorter symbol period would naturally have more pilot symbols per
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`unit time.
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`22. As noted above, Proposed Amended Claim 44 (and, by dependence, the
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`other Proposed Amended Claims) already includes the limitation “wherein each
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`symbol in the second communication system has a shorter symbol period than that
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`in the first communication system.”
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`23. Therefore, under the construction of “pilot symbols that are denser
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`than,” this limitation adds nothing of substance to the Original Claims, and therefore
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`the Proposed Amended Claims are invalid for the same reasons as Original Claims
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`1-4 and 6-7.
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`24.
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`In sum, I believe that the same references as those rendering the original
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`claims obvious, likewise would render the corresponding, replacement Proposed
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`Amended Claim obvious. As a result, the opinions in my Initial Declaration should
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`be considered as part of the bases for my opinions in this Declaration as follows:
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`Invalidity
`Ground
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`Original
`Claim(s)
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`Reference(s)
`and Basis
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`1
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`1, 2, 3, 4,
`6, 7
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`Talukdar in
`view of Li -
`obviousness
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`Corresponding
`Proposed
`Amended
`Claim
`44, 45, 46, 47,
`49, 50
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`Invalidity
`Ground
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`Reference(s)
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`3
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`Talukdar in
`view of Li
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`To be clear, my opinion as to each Proposed Amended Claim incorporates my
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`opinion as to its analogous original claim, as supplemented herein. However, I
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`provide additional explanation herein, and I respond to aspects of the opinions of
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`Patent Owner’s expert, Dr. Vojcic, as presented in his declaration submitted with
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`Patent Owner’s Preliminary Response, Ex. 2001, and in his deposition in this IPR.
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`A. Ground 3: Proposed Amended Claims 44-47 and 49-50 are
`Rendered Obvious by Talukdar in view of Li
`25. The combination of Talukdar and Li, described below, would render
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`Proposed Amended Claims 44-47 and 49-50 obvious.
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`1.
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`Proposed Amended Claim 44
`a)
`44[pre]: “A method of constructing a frame
`structure for data transmission, the method
`comprising”
`26. Talukdar disclosed 44[pre] because
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`it disclosed methods of
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`constructing hybrid frames (or, equivalently, h-frames) for data transmission that
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`included data configured for units that communicated using different protocols
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`(802.16(e) versus 802.16(m)). Although Talukdar’s terminology varied at times, a
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`POSA would have understood its disclosure relating to hybrid frames, h-frames, and
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`HEM-frames to relate to variations on the same general hybrid frame structure.
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`27.
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`In Figure 7, Talukdar disclosed a hybrid radio frame used to transmit
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`data for both 802.16(e) and 802.16(m) base units and remote units in a wireless
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`communication system. Talukdar at [0051] (“FIG. 7 is a hybrid frame 700, also
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`referred to as a HEM-I frame, having equal size sub-blocks designed to serve both
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`802.16(e) and 802.16(m) data traffic in the same 5msec interval.”), Fig. 1 (showing
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`wireless communication system with base and remote units). Talukdar disclosed
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`constructing the frame by dividing it into multiple regions that corresponded to
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`802.16(e) and 802.16(m). Id. at [0044] (“In one embodiment, a frame is divided into
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`multiple blocks of equal size, wherein the blocks may support one or more protocols,
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`for example, IEEE 802.16(e) and/or 802.16(m).”), [0045] (“Generally, the radio
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`frame includes at least one first protocol block and/or at least one second protocol
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`block, for example, 802.16(e) and/or 802.16(m) blocks.”), [0051] (“FIG. 7 is a
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`hybrid frame 700, also referred to as a HEM-I frame, having equal size sub-blocks
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`designed to serve both 802.16(e) and 802.16(m) data traffic in the same 5 msec
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`interval.”). Talukdar disclosed that the hybrid frame was constructed by combining
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`different types of frame regions that could be used for transmitting traffic to
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`802.16(e) and 802.16(m) units. Id. at [0030] (“Using these different types of regions,
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`various types of 5 msec frame structures can be created to suit the traffic service
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`requirements. These are: … h-frames containing both e-DL/e-UL and m-DL/m-UL
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`regions for serving 802.16(e) and 802.16(m) terminals.”).
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`28. By constructing a frame that supported both 802.16(e) and 802.16(m),
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`Talukdar disclosed that wireless communication systems were able to communicate
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`with devices compliant with newer protocols while maintaining backwards
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`compatibility with devices compliant with older protocols, consistent with industry
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`best practices. Id. at [0003] (“Evolutionary wireless communication systems should
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`also support for legacy system equipment. For example, some IEEE 802.16e and
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`IEEE 802.16m base stations and mobile stations are likely to coexist within the same
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`network while upgrading to the newer system. Thus IEEE 802.16e mobile stations
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`should be compatible with IEEE 802.16m base stations.”); Applications for WiMAX
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`at 5 (“The new version of the 802.16 standard is backwards-compatible, so new
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`specifications of the OFDM mode are compatible with previous versions.”).
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`Constructing a frame with two systems was also well known in the art. Wang at 8
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`(“The main purpose of the present invention [wa]s to provide a method for assigning
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`frequency spectrum bandwidth of an OFDM and OFDMA coexistence system, and
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`constitute[ed] a frame structure which could meet the requirements of the said
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`coexistence system.”); Ahmadi at Abstract (“A method and system for partitioning
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`frames into sub-frames, transmitting one or more sub-frames including a legacy
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`preamble for communicating with a legacy terminal … and transmitting sub-frames
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`including a supplemental preamble for communicating with a non-legacy
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`terminal …”).
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`b)
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`44[a]: “generating a first section comprising data
`configured in a first format compatible with a
`first communication system using symbols”
`29. Talukdar disclosed 44[a] because it disclosed generating a frame with
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`a first “e-DL” traffic section (which was “generating a first section comprising data”)
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`that was configured in a format compatible with a remote unit compliant with an
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`802.16(e) remote unit (which was “a first communication system using symbols”).
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`30. Talukdar disclosed a wireless system 100 that included multiple base
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`units communicating with multiple remote units. “In FIG. 1, the wireless
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`communication system 100 includes one or more fixed base infrastructure units
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`forming a network distributed over a geographical region.… The one or more base
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`units 101 and 102 serve a number of remote units 103 and 110 within a serving area,
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`for example, a cell, or within a cell sector.” Talukdar at [0024] and Fig. 1 (wireless
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`system 100 including “base units,” “remote units”). Base units could be “an access
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`point, access terminal, Node-B, eNode-B, or by other terminology used in the art.”
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`Id. at [0024]. The remote units included fixed and mobile terminals. “The remote
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`units may be fixed or [mobile] terminal[s]. The remote units may also be referred to
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`as subscriber units, mobile stations, users, terminals, subscriber stations, user
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`equipment (UE), terminals, or by other terminology used in the art.” Id. In other
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`words, Talukdar disclosed a wireless system that included remote units that were
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`fixed and remote units that were moving, at various speeds. Id., Fig. 1 (annotated to
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`identify an example fixed remote unit and an example mobile remote unit, moving
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`at some speed, within system 100).
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`31. Each of the remote units included “one or more transmitters and one or
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`more receivers” over which they transmitted and received data, for example, from
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`one or more base units. Id. at [0025]. Each remote unit implemented a
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`communication standard, including specifically either 802.16(e) or 802.16(m). Id. at
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`[0027] (“Generally, the wireless communication system may implement more than
`
`one communication technology … [I]t is generally desirable for the new
`
`technologies to be backward compatible with the legacy technology. … [T]o
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`efficiently support delay sensitive applications, 802.16(m) base stations should be
`
`able to service both 802.16(m) and legacy [802.16(e)] terminals within the common
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`frame structure.”). The hardware remote units illustrated in Figure 1 would also have
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`required software for encoding/decoding and processing data according to the
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`802.16(e) and 802.16(m) communication standards. The remote units were thus each
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`a “communication system” under the construction adopted by the Court in the Apple
`
`litigation. Supra § VI (construing “communication system” under its plain-and-
`
`ordinary meaning, where the plain-and-ordinary meaning is “a combination of
`
`hardware and software that transmits and receives data according to one or more
`
`communications standards”).
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`32. The units in system 100 communicated using symbols because each
`
`was compliant with either 802.16(e) or 802.16(m), both of which used OFDM
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`symbols. The units within Talukdar’s wireless system could implement “legacy
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`technology,” such as the “IEEE 802.16(e) protocol.” Talukdar at [0027] (“Generally,
`
`the wireless communication system may implement more than one communication
`
`technology as is typical of systems upgraded with newer technology .… In FIG. 1,
`
`for example, one or more of the base units 101 may be legacy technology base
`
`stations, for example, IEEE 802.16(e) protocol base stations[.]”). A POSA would
`
`have understood the remote units in system 100 to similarly include 802.16(e) units,
`
`because Talukdar disclosed that the base stations “should be able to service both
`
`802.16(m) and legacy terminals [i.e., remote units] within the common frame
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`structure.” Id. This would also have been expected of a system like Talukdar’s,
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`because base stations (base units) would need to be able to communicate with the
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`remote units within a system, which would generally include newer as well as older
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`consumer equipment. A POSA would have understood Talukdar’s disclosure to
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`indicate that wireless system 100 included a collection of fixed and mobile remote
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`units that included both 802.16(e) and 802.16(m) compliant devices. Specifically,
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`the system included a fixed 802.16(e) remote unit as well as a moving 802.16(m)
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`remote unit. Id., Fig. 1 (annotated to identify an example fixed 802.16(e) remote unit
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`and an example mobile 802.16(m) remote unit within system 100).
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`33. Talukdar recognized that the 802.16(e) protocol was OFDM-based and
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`transmitted information in symbols. Id. at [0026] (“In OFDM based systems, the
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`radio resources include OFDM symbols .… An exemplary OFDM based protocol is
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`IEEE 802.16(e).”). Figure 7 of Talukdar showed the 802.16(e) DL block as
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`transmitted in the first “12 symbols” of the hybrid frame; id. at [0044] (“Generally,
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`the radio frame includes a plurality of blocks, including a first block and last block,
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`wherein each block comprises a plurality of symbols.”). Further, a POSA would
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`have understood that 802.16(e) used symbols. “[I]n an OFDM system, a high-data
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`rate sequence of symbols is split into multiple parallel low-data rate-sequences, each
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`of which is used to modulate an orthogonal tone, or subcarrier.” Fund. of WiMAX
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`at 280; id. at 282 (“In the frequency domain, each OFDM symbol is created by
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`mapping the sequence of symbols on the subcarriers.”). Each 802.16(e) remote unit
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`in Talukdar’s wireless system 100 was a “first communication system” using
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`“symbols,” under the construction adopted by Court in the Apple litigation. Supra §
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`VI (construing “symbol” under its plain-and-ordinary meaning, where the plain-and-
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`ordinary meaning is “a transmissible unit of information”).
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`34. Talukdar disclosed a hybrid frame that included an “802.16(e) DL
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`traffic resource region 708” section containing downlink traffic (which was “a first
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`section comprising data,” as recited by 1[a]) that was configured for 802.16(e) units
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`(which was “a first format compatible with a first communication system,” as recited
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`by 1[a]). Talukdar disclosed “a frame [ ] divided into multiple blocks of equal size,
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`wherein the blocks [could] support one or more protocols, for example, IEEE
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`802.16(e) and/or 802.16(m).” Talukdar at [0044]. “Generally, the radio frame
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`include[d] at least one first protocol block and/or at least one second protocol block,
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`for example, 802.16(e) and/or 802.16(m) blocks.” Id. at [0045]. Talukdar confirmed
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`that the 802.16(e) sub-blocks “conform[ed] to the legacy specification of 802.16(e)
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`frames and [could not] be distinguished from legacy 802.16(e) frames by a legacy
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`mobile.” Id. at [0047]. This type of frame was referred to as a “hybrid frame” and
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`exemplified in, e.g., Figure 7. Id. A POSA would have understood traffic, such as
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`downlink or uplink traffic, to be an example of “data.”
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`35.
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`In Figure 7, the “hybrid frame 700” was configured with “equal size
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`sub-blocks designed to serve both 802.16(e) and 802.16(m) data traffic in the same
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`5msec interval.” Id. at [0051]. Talukdar identified “[t]he first block [as] an 802.16(e)
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`DL region starting with a 1-symbol preamble followed by 802.16(e) MAPs [706]
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`and an 802.16(e) DL traffic resource region 708.” Id.; Fig. 7 (e-DL [802.16(e)-
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`downlink] section 708 in yellow; labels and color-coding added to figure).
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`The “802.16(e) DL traffic resource region 708” included data configured in a first
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`format compatible with a remote unit compliant with 802.16(e) (“a first
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`149191913.5
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`communication system using symbols”). Indeed, Talukdar disclosed that the “types
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`of basic [frame] regions” used to create “h-frames … for serving 802.16(e) and
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`802.16(m) terminals” included an “e-DL region used for transmission of downlink
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`traffic to 802.16(e) terminals. Id. at [0029]-[0030].
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`c)
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`44[b]: “generating a second section following the
`first section, the second section comprising data
`configured in a second format compatible with a
`second communication system using symbols,
`wherein
`the
`first communication system’s
`symbols and the second communication system’s
`symbols co-exist in one transmission scheme”
`36. Talukdar
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