IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Robert Baldemair et al.
`In re Patent of:
`U.S. Patent No.: 10,285,150
`Attorney Docket No.: 39843-0099IP1
`Issue Date:
`May 7, 2019
`Appl. Serial No.: 14/532,781
`Filing Date:
`Nov. 4, 2014
`Title:
`METHODS AND ARRANGEMENTS IN A
`TELECOMMUNICATIONS NETWORK
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`PETITION FOR INTER PARTES REVIEW OF UNITED STATES PATENT
`NO. 10,285,150 PURSUANT TO 35 U.S.C. §§ 311–319, 37 C.F.R. § 42
`
`
`
`

`

`Attorney Docket No. 39843-0099IP1
`IPR of U.S. Patent No. 10,285,150
`TABLE OF CONTENTS
`
`I. 
`
`2. 
`
`II. 
`
`REQUIREMENTS FOR IPR ........................................................................ 1 
`A.  Grounds for Standing .......................................................................... 1 
`B. 
`Challenge and Relief Requested ......................................................... 1 
`1. 
`The ’150 Patent is not entitled to its claimed
`priority date ............................................................................... 2 
`The Tenny Reference is entitled to its claimed
`priority date ............................................................................... 5 
`THE ’150 PATENT ....................................................................................... 9 
`A. 
`Brief Description ................................................................................. 9 
`B. 
`Level of Ordinary Skill in the Art ..................................................... 10 
`C. 
`Claim Construction ........................................................................... 10 
`1. 
`Independent Claims 18 and 30 ................................................ 10 
`III.  THE CHALLENGED CLAIMS ARE UNPATENTABLE ........................ 12 
`A. 
`[GROUND 1] – Claims 1-34 are obvious over Tenny and
`Cai ...................................................................................................... 12 
`1. 
`Overview of Tenny ................................................................. 12 
`2. 
`Overview of Cai ...................................................................... 13 
`3. 
`The combination of Tenny and Cai ........................................ 14 
`4. 
`Reasons to combine Tenny and Cai ........................................ 15 
`5. 
`Analysis ................................................................................... 17 
`[GROUND 2] – Claims 1-5, 8-22, and 25-34 are obvious
`over Fan, Jeong, and Du .................................................................... 45 
`1. 
`Overview of Fan ...................................................................... 45 
`2. 
`Overview of Jeong .................................................................. 45 
`3. 
`Overview of Du ....................................................................... 46 
`4. 
`The combination of Fan, Jeong, and Du ................................. 47 
`5. 
`Reasons to combine Fan, Jeong, and Du ................................ 47 
`6. 
`Analysis ................................................................................... 50 
`IV.  PAYMENT OF FEES ................................................................................. 72 
`V. 
`CONCLUSION ............................................................................................ 72 
`VI.  MANDATORY NOTICES UNDER 37 C.F.R § 42.8(a)(1) ....................... 72 
`A. 
`Real Party-In-Interest Under 37 C.F.R. § 42.8(b)(1) ........................ 72 
`B. 
`Related Matters Under 37 C.F.R. § 42.8(b)(2) ................................. 73 
`C. 
`Lead And Back-Up Counsel Under 37 C.F.R. § 42.8(b)(3) ............. 73 
`
`B. 
`
`i
`
`

`

`Attorney Docket No. 39843-0099IP1
`IPR of U.S. Patent No. 10,285,150
`Service Information ........................................................................... 73 
`
`D. 
`
`
`
`
`
`
`ii
`
`

`

`Attorney Docket No. 39843-0099IP1
`IPR of U.S. Patent No. 10,285,150
`
`EXHIBITS
`
`SAMSUNG-1001
`
`SAMSUNG-1002
`
`U.S. Patent No. 10,285,150 to Baldemair et al. (“the ’150
`Patent”)
`Excerpts from the Prosecution History of the ’150 Patent
`(“the Prosecution History”)
`Declaration of Dr. Robert Akl, D.Sc.
`SAMSUNG-1003
`U.S. Pub. No. 2010/0260136 to Fan (“Fan”)
`SAMSUNG-1004
`SAMSUNG-1005
`U.S. Pub. No. 2008/0002660 to Jeong (“Jeong”)
`U.S. Pub. No. 2011/0267957 to Du (“Du”)
`SAMSUNG-1006
`U.S. Pub. No. 2009/0161654 to Cai (“Cai”)
`SAMSUNG-1007
`U.S. Patent No. 8,634,313 to Tenny (“Tenny”)
`SAMSUNG-1008
`SAMSUNG-1009 Wang et al., Resource Allocation Considerations for
`Multi-Carrier LTE-Advanced Systems Operating in
`Backward Compatible Mode, IEEE 20th International
`Symposium on Personal, Indoor and Mobile Radio
`Communications (2009)
`U.S. Provisional No. 61/218,769 (the “Tenny
`Provisional”)
`U.S. Patent No. 5,831,974 to Suonvieri (“Suonvieri”)
`U.S. Patent No. 6,396,827 to Paivike (“Paivike”)
`U.S. Provisional No. 61/220,844 (the “’150 Provisional”)
`
`
`SAMSUNG-1010
`
`SAMSUNG-1011
`SAMSUNG-1012
`SAMSUNG-1013
`
`
`
`iii
`
`

`

`
`
`Reference
`Number
`[1.0]
`
`[1.1]
`
`[1.2]
`[1.3]
`
`[1.4]
`
`[1.5]
`
`[2.0]
`
`[3.0]
`
`[4.0]
`
`Attorney Docket No. 39843-0099IP1
`IPR of U.S. Patent No. 10,285,150
`
`CLAIM LISTING
`
`’150 Patent Claim Language
`
`1. A method in a base station for determining an uplink transmission
`timing correction for communication in a telecommunication system
`in which aggregation of component carriers is applied, the method
`comprising:
`receiving a signal on a selected uplink component carrier from a
`user equipment;
`measuring an arrival time of the received signal;
`determining a timing correction of the uplink transmission timing
`based on the measured arrival time;
`determining for which of the uplink component carriers used by the
`user equipment the determined timing correction is valid; and
`sending the timing correction and information on which of the
`uplink component carriers the timing correction is valid for to the
`user equipment.
`2. The method according to claim 1, wherein the determination for
`which of the uplink component carriers the determined timing
`correction is valid is based on a downlink timing reference
`associated with the respective uplink component carrier.
`3. The method according to claim 2, wherein the timing correction
`is determined to be valid for the uplink component carrier which has
`an associated downlink timing reference aligned with the downlink
`timing reference associated with the selected uplink component
`carrier.
`4. The method according to claim 3, wherein the downlink timing
`reference is a synchronization signal or reference signal of one
`downlink component carrier.
`
`iv
`
`

`

`Attorney Docket No. 39843-0099IP1
`IPR of U.S. Patent No. 10,285,150
`
`Reference
`Number
`[5.0]
`
`[6.0]
`
`[7.0]
`
`[8.0]
`
`[9.0]
`
`[10.0]
`
`[11.0]
`
`[12.0]
`
`[13.0]
`
`’150 Patent Claim Language
`
`5. The method according to claim 2, wherein the timing correction
`is determined to be valid for the uplink component carrier which has
`an associated downlink timing reference with a defined offset
`relative to the downlink timing reference associated with the
`selected uplink component carrier.
`6. The method according to claim 2, wherein the downlink timing
`references are synchronization signals or reference signals on
`different downlink component carriers.
`7. The method according to claim 1, wherein the timing correction
`is determined to be valid for only the selected uplink component
`carrier when the component carriers are time division duplex
`carriers with different downlink or uplink allocations across the
`carriers.
`8. The method according to claim 1, wherein the information on
`which uplink component carrier the timing correction is valid for is
`configured via Radio Resource Control (RRC) signaling.
`9. The method according to claim 1, wherein the information on
`which uplink component carrier the timing correction is valid for is
`signaled with Medium Access Control (MAC) control elements.
`10. The method according to claim 1, wherein the timing correction
`is sent in a timing advance command.
`11. The method according to claim 1, wherein a message
`comprising both the timing correction and information on which of
`the uplink component carriers the timing correction is valid for is
`sent to the user equipment via Radio Resource Control (RRC) or
`Medium Access Control (MAC) control elements.
`12. The method according to claim 1, wherein determining the
`timing correction of the uplink transmission timing is also based on
`an arrival time reference.
`13. A method in a user equipment for determining an uplink
`transmission timing correction for communication in a
`telecommunication system in which aggregation of component
`carriers is applied, the method comprising:
`
`v
`
`

`

`Attorney Docket No. 39843-0099IP1
`IPR of U.S. Patent No. 10,285,150
`
`Reference
`Number
`[13.1]
`[13.2]
`
`[13.3]
`
`[14.0]
`
`[15.0]
`
`[16.0]
`
`[17.0]
`
`[18.0]
`
`[18.1]
`
`[18.2]
`
`’150 Patent Claim Language
`
`sending a signal on an uplink component carrier to a base station;
`receiving, from the base station, a timing correction of the uplink
`transmission timing and information on which uplink component
`carriers in the aggregation of component carriers the timing
`correction is valid for; and
`adjusting the uplink transmission timing of the uplink component
`carriers in the aggregation of component carriers the timing
`correction is valid for based on the timing correction.
`14. The method according to claim 13, wherein the information on
`which uplink component carriers in the aggregation of component
`carriers the timing correction is valid for is configured via Radio
`Resource Control (RRC) signaling.
`15. The method according to claim 13, wherein the information on
`which uplink component carriers in the aggregation of component
`carriers the timing correction is valid for is signaled with Medium
`Access Control (MAC) control elements.
`16. The method according to claim 13, wherein the timing
`correction is received in a timing advance command.
`17. The method according to claim 13, wherein a message
`comprising both the timing correction and information on which of
`the uplink component carriers in the aggregation of component
`carriers the timing correction is valid for is received from the base
`station via Radio Resource Control (RRC) or Medium Access
`Control (MAC) control elements.
`18. A base station for determining an uplink transmission timing
`correction for communication in a telecommunication system in
`which aggregation of component carriers is applied, the base station
`comprising:
`a receiver for receiving a signal on a selected uplink component
`carrier from a user equipment;
`a unit for measuring an arrival time of the received signal;
`
`vi
`
`

`

`Attorney Docket No. 39843-0099IP1
`IPR of U.S. Patent No. 10,285,150
`
`Reference
`Number
`[18.3]
`
`[18.4]
`
`[19.0]
`
`[20.0]
`
`[21.0]
`
`[22.0]
`
`[23.0]
`
`[24.0]
`
`’150 Patent Claim Language
`
`a unit for determining a timing correction of the uplink transmission
`timing based on the measured arrival time, and for determining for
`which of the uplink component carriers used by the user equipment
`the determined timing correction is valid; and
`a transmitter for sending the timing correction and information on
`which of the uplink component carriers the timing correction is
`valid for to the user equipment.
`19. The base station according to claim 18, wherein the
`determination for which of the uplink component carriers the
`determined timing correction is valid is based on the downlink
`timing reference associated with the respective Uplink (UL)
`component carrier.
`20. The base station according to claim 19, wherein the timing
`correction is determined to be valid for the uplink component carrier
`which has an associated downlink timing reference aligned with the
`downlink timing reference associated with the selected uplink
`component carrier.
`21. The base station according to claim 20, wherein the downlink
`timing reference is a synchronization signal or reference signal of
`one downlink component carrier.
`22. The base station according to claim 19, wherein the timing
`correction is determined to be valid for the uplink component carrier
`which has an associated downlink timing reference with a defined
`offset relative to the downlink timing reference associated with the
`selected uplink component carrier.
`23. The base station according to claim 19, wherein the downlink
`timing references are synchronization signals or reference signals on
`different downlink component carriers.
`24. The base station according to claim 18, wherein the timing
`correction is determined to be valid for only the selected uplink
`component carrier when the component carriers are time division
`duplex carriers with different downlink or uplink allocations across
`the carriers.
`
`vii
`
`

`

`Attorney Docket No. 39843-0099IP1
`IPR of U.S. Patent No. 10,285,150
`
`Reference
`Number
`[25.0]
`
`[26.0]
`
`[27.0]
`
`[28.0]
`
`[29.0]
`
`[30.0]
`
`[30.1]
`
`[30.2]
`
`[30.3]
`
`[31.0]
`
`’150 Patent Claim Language
`
`25. The base station according to claim 18, wherein the information
`on which uplink component carrier the timing correction is valid for
`is configured via Radio Resource Control (RRC) signaling.
`26. The base station according to claim 18, wherein the information
`on which uplink component carrier the timing correction is valid for
`is signaled with Medium Access Control (MAC) control elements.
`27. The base station according to claim 18, wherein the timing
`correction is sent in a timing advance command.
`28. The base station according to claim 18, wherein a message
`comprising both the timing correction and information on which of
`the uplink component carriers the timing correction is valid for is
`sent to the user equipment via Radio Resource Control (RRC) or
`Medium Access Control (MAC) control elements.
`29. The base station according to claim 18, wherein the timing
`correction of the uplink transmission timing is also based on an
`arrival time reference.
`30. A user equipment for determining an uplink transmission timing
`correction for communication in a telecommunication system in
`which aggregation of component carriers is applied, the user
`equipment comprising:
`a transmitter for sending a signal on an uplink component carrier to
`a base station;
`a receiver for receiving, from the base station, a timing correction of
`the uplink transmission timing and information on which uplink
`component carriers in the aggregation of component carriers the
`timing correction is valid for from the base station; and
`a unit for adjusting the uplink transmission timing of the uplink
`component carriers in the aggregation of component carriers the
`timing correction is valid for based on the timing correction.
`31. The user equipment according to claim 30, wherein information
`on which uplink component carriers in the aggregation of
`component carriers the timing correction is valid for is configured
`via Radio Resource Control (RRC) signaling.
`
`viii
`
`

`

`Reference
`Number
`[32.0]
`
`[33.0]
`
`[34.0]
`
`Attorney Docket No. 39843-0099IP1
`IPR of U.S. Patent No. 10,285,150
`
`’150 Patent Claim Language
`
`32. The user equipment according to claim 30, wherein information
`on which uplink component carriers in the aggregation of
`component carriers the timing correction is valid for is signaled with
`Medium Access Control (MAC) control elements.
`33. The user equipment according to claim 30, wherein the timing
`correction is received in a timing advance command.
`34. The user equipment according to claim 30, wherein a message
`comprising both the timing correction and information on which of
`the uplink component carriers in the aggregation of component
`carriers the timing correction is valid for is received from the base
`station via Radio Resource Control (RRC) or Medium Access
`Control (MAC) control elements.
`
`
`
`
`
`ix
`
`

`

`Attorney Docket No. 39843-0099IP1
`IPR of U.S. Patent No. 10,285,150
`
`
`
`Samsung Electronics Co., Ltd. (“Samsung” or “Petitioner”) petitions for
`
`Inter Partes Review (“IPR”) of claims 1-34 (“the Challenged Claims”) of U.S.
`
`Patent No. 10,285,150 (“the ’150 Patent”). As explained in this petition, there
`
`exists a reasonable likelihood that Samsung will prevail on the Challenged Claims.
`
`I.
`
`REQUIREMENTS FOR IPR
`A. Grounds for Standing
`Samsung certifies that the ’150 Patent is available for IPR. Samsung is not
`
`barred or estopped from requesting this review of the Challenged Claims.
`
`B. Challenge and Relief Requested
`Petitioner requests IPR of the Challenged Claims on the following grounds:
`
`Ground
`1
`2
`
`§103 Basis
`Claims
`1-34
`Obvious over Tenny and Cai
`1-5, 8-22, 25-34 Obvious over Fan, Jeong, and Du
`
`
`
`The following table summarizes the prior art basis for each reference relied
`
`on by the present Petition with respect to the earliest effective filing date of the
`
`’150 patent (June 26, 2009, hereinafter the “Critical Date”):
`
`Reference
`Fan
`(SAMSUNG-
`1004)
`
`Dates
`04/10/2009 (filed)
`
`Prior art under
`35 U.S.C. § 102(e)
`
`1
`
`

`

`Dates
`01/03/2008 (published)
`
`Attorney Docket No. 39843-0099IP1
`IPR of U.S. Patent No. 10,285,150
`Prior art under
`35 U.S.C. § 102(b)
`
`01/07/2009 (filed)
`
`35 U.S.C. § 102(e)
`
`12/18/2008 (filed)
`
`35 U.S.C. § 102(e)
`
`06/19/2009 (provisional –
`see analysis below)
`
`35 U.S.C. § 102(e)
`
`Reference
`Jeong
`(SAMSUNG-
`1005)
`Du
`(SAMSUNG-
`1006)
`Cai
`(SAMSUNG-
`1007)
`Tenny
`(SAMSUNG-
`1008)
`
`
`
`None of these references were cited or relied on by the examiner during
`
`prosecution of the ’150 patent, with the exception of the Cai reference, which was
`
`cited by the Patent Owner and appears on the face of the ’150 patent, but was not
`
`relied on by the Examiner in any Office Actions.
`
`1.
`The ’150 Patent is not entitled to its claimed priority date
`The application that eventually issued as the ’150 patent (SAMSUNG-1001)
`
`was filed on November 4, 2014, and claims priority to U.S. Provisional No.
`
`61/220,844, filed June 26, 2009 (hereinafter the “’150 Provisional,” provided as
`
`SAMSUNG-1013). SAMSUNG-1001, Face. But this claim of priority is not
`
`effective, because the ’150 Provisional fails to provide sufficient support for all
`
`features of the claims of the ’150 patent. SAMSUNG-1003, [45]. The sections
`
`2
`
`

`

`Attorney Docket No. 39843-0099IP1
`IPR of U.S. Patent No. 10,285,150
`below address two examples of independent claim limitations of the ’150 patent
`
`that are not supported by the ’150 Provisional.
`
`a.
`
`“[sending / receiving]… information on which of the
`uplink component carriers the timing correction is
`valid for to the user equipment” (independent claims
`1, 13, 18, 30)
`The ’150 Provisional fails to provide sufficient support for the claim feature
`
`of “[sending / receiving]… information on which of the uplink component carriers
`
`the timing correction is valid for to the user equipment.” The ’150 Provisional
`
`describes a “straight forward extension to the case of carrier aggregation with
`
`multiple UL carriers would be to use either a common timing advance for all UL
`
`component carriers or an UL component carrier specific timing advance.”
`
`SAMSUNG-1013, 10.1 The provisional further describes that “[t]he present
`
`invention relates to a method where UL component carriers, which originate from
`
`one terminal and which should have a common UL, receive timing and share the
`
`same reference timing for their transmission, use a common timing advance
`
`command.” Id. But the ’150 Provisional does not describe sending or receiving
`
`“information on which of the uplink component carriers the timing correction is
`
`valid” to or from the UE in this common timing advance command. See id.;
`
`SAMSUNG-1003, [46].
`
`
`1 All emphasis added unless otherwise noted.
`
`3
`
`

`

`Attorney Docket No. 39843-0099IP1
`IPR of U.S. Patent No. 10,285,150
`Thus, the ’150 Provisional does not provide support for “[sending /
`
`receiving]… information on which of the uplink component carriers the timing
`
`correction is valid for to the user equipment.” A form of this limitation is recited
`
`in all independent claims of the ’150 patent, and included by dependency in all
`
`dependent claims. See SAMSUNG-1001, claims 1, 13, 18, 30; SAMSUNG-1003,
`
`[47]. Accordingly, because this limitation is present in all claims of the ’150
`
`Patent, no claim in the patent is entitled to the benefit of the filing date of the ’150
`
`Provisional. Id. Therefore, the earliest effective date of the ’150 Patent is June 16,
`
`2010, the filing date of the parent PCT application. See SAMSUNG-1001, 1:6-12.
`
`b.
`
`“determining for which of the uplink component
`carriers used by the user equipment the determined
`timing correction is valid” (independent claims 1 and
`18)
`The ’150 Provisional also fails to provide sufficient support for the
`
`independent claim 1 feature of “determining for which of the uplink component
`
`carriers used by the user equipment the determined timing correction is valid.”
`
`The ’150 Provisional describes that the “validity whether a timing advance
`
`command is just valid for a single UL component carrier or multiple UL
`
`component carriers can either be indicated directly in the timing advance command
`
`or can be configured via higher layer signaling, e.g. RRC signaling.” SAMSUNG-
`
`1013, 12. However, the ’150 Provisional does not describe a base station
`
`“determining for which of the uplink component carriers used by the user
`
`4
`
`

`

`Attorney Docket No. 39843-0099IP1
`IPR of U.S. Patent No. 10,285,150
`equipment the determined timing correction is valid” as required by the preamble
`
`of claim 1. Merely describing that there is a set of carriers for which the timing
`
`correction is valid does not provide support for a claim to a base station
`
`determining this set of carriers in response to determining a timing correction, as
`
`recited in claims 1 and 18. See id.; SAMSUNG-1003, [48]. Accordingly,
`
`independent claims 1 and 18 of the ’150 Patent are not entitled to the benefit of the
`
`filing date of the ’150 Provisional. Id. Therefore, the earliest effective date of
`
`independent claims 1 and 18 and their respective dependent claims is June 16,
`
`2010, the filing date of the parent PCT application. See SAMSUNG-1001, 1:6-12.
`
`2.
`The Tenny Reference is entitled to its claimed priority date2
`The application that eventually issued as the Tenny Patent (SAMSUNG-
`
`1008) was filed on June 17, 2010, and claims priority to U.S. Provisional No.
`
`61/218,769, filed June 19, 2009 (hereinafter the “Tenny Provisional,” provided as
`
`SAMSUNG-1010). SAMSUNG-1008, Face. As described below, because at least
`
`one claim of the Tenny Patent is supported by disclosure in the Tenny Provisional,
`
`teachings common to the Tenny Patent and Tenny Provisional are available as
`
`
`2 Because the ’150 patent is not entitled to its claimed priority date, as
`
`explained above, Tenny is prior art regardless of whether it is entitled to its
`
`claimed priority date.
`
`5
`
`

`

`Attorney Docket No. 39843-0099IP1
`IPR of U.S. Patent No. 10,285,150
`prior art as of the Tenny Provisional’s June 19, 2009 filing date. See Unified
`
`Patents v. Longhorn HD, IPR2020-00879, Paper 10, 14-15 (P.T.A.B. November
`
`12, 2020) (“if the patent is shown to have at least one claim to an invention that is
`
`supported by the disclosure of a provisional application, it can be said that the
`
`provisional disclosed the same invention eventually claimed in the patent, and the
`
`patent may be considered prior art as of the filing date of the provisional under §
`
`102(e)(2)”) (citing Dynamic Drinkware v. National Graphics, 800 F.3d 1375 (Fed.
`
`Cir. 2015)).
`
`At least independent claim 1 from the Tenny patent is supported by the
`
`disclosure of the Tenny Provisional. The sections below examine each limitation
`
`of Tenny’s claim 1 in turn.
`
`a.
`
`“A method that facilitates a timing alignment in a
`multicarrier system, the method comprising”
`The Tenny Provisional supports this limitation. For example, the Tenny
`
`Provisional describes “methods for multicarrier system timing alignment.”
`
`SAMSUNG-1010, 19; see also, e.g.,12, 14-16, 29; SAMSUNG-1003, [51].
`
`b.
`
`“determining different downlink timings associated
`with a plurality of downlink carriers”
`The Tenny Provisional supports this limitation. For example, the Tenny
`
`Provisional describes that the UE “tracks the (downlink) timing of each carrier in
`
`the group separately[.]” SAMSUNG-1010, 15 (parenthetical in original); see also,
`
`6
`
`

`

`Attorney Docket No. 39843-0099IP1
`IPR of U.S. Patent No. 10,285,150
`e.g., 4 (“monitoring a downlink timing for each carrier in the at least one timing
`
`group”), 5, 7-8, 29; SAMSUNG-1003, [52].
`
`c.
`
`“ascertaining an uplink timing associated with an
`uplink group of carriers including a first uplink
`carrier and a second uplink carrier,”
`The Tenny Provisional supports this limitation. For example, the Tenny
`
`Provisional describes a “timing group, i.e., a group of carriers” (i.e., a first and
`
`second uplink carrier) “with uplink timings that are the same to within some
`
`tolerance.” SAMSUNG-1010, 12. “Within each timing group, the UE may need
`
`to occasionally perform random access to update its timing” (ascertain an uplink
`
`timing for the group). Id.; see also, e.g., 14-16, 18, 27; SAMSUNG-1003, [53].
`
`d.
`
`“wherein the uplink timing is ascertained based on a
`processing of at least one downlink timing of the
`different downlink timings and”
`The Tenny Provisional supports this limitation. For example, the Tenny
`
`Provisional describes “monitoring a downlink timing for each carrier in the at
`
`least one timing group and modifying the timing offset according to an average of
`
`the offset applied to the monitored downlink timings for each carrier.”
`
`SAMSUNG-1010, 4; see also, e.g., 29; SAMSUNG-1003, [54]. The UE performs
`
`this action to “align its uplink transmissions in relation to the received downlink
`
`timing.” SAMSUNG-1010, 12; SAMSUNG-1003, [54].
`
`7
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`

`

`e.
`
`Attorney Docket No. 39843-0099IP1
`IPR of U.S. Patent No. 10,285,150
`“a timing offset associated with the uplink group of
`carriers, and the at least one downlink timing of the
`different downlink timings; and
`The Tenny Provisional supports this limitation. For example, the Tenny
`
`Provisional describes “monitoring a downlink timing for each carrier in the at least
`
`one timing group and modifying the timing offset according to an average of the
`
`offset applied to the monitored downlink timings for each carrier.” SAMSUNG-
`
`1010, 4; see also, e.g., 29; SAMSUNG-1003, [55]. The UE performs this action to
`
`“align its uplink transmissions in relation to the received downlink timing.”
`
`SAMSUNG-1010, 12; SAMSUNG-1003, [55].
`
`f.
`
`“transmitting on the first uplink carrier at the uplink
`timing adjusted based on the timing offset associated
`with the at least one downlink timing of the different
`downlink timings, and on the second uplink carrier at
`the adjusted uplink timing.”
`The Tenny Provisional supports this limitation. For example, the Tenny
`
`Provisional describes that “a single timing advance value can be indicated to the
`
`UE for use with all the carriers in the group, such that the resulting uplink timing
`
`when the UE transmits with this timing advance value towards any carrier in the
`
`group will be sufficiently accurate for communication with that carrier, where
`
`‘sufficiently accurate’ is defined in terms of some second tolerance.” SAMSUNG-
`
`1010, 16; see also, e.g., 28; SAMSUNG-1003, [56].
`
`Accordingly, at least independent claim 1 of the Tenny patent is fully
`
`8
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`

`Attorney Docket No. 39843-0099IP1
`IPR of U.S. Patent No. 10,285,150
`supported by the disclosure of the Tenny Provisional. SAMSUNG-1003, [57]
`
`Therefore, teachings common to the Tenny Patent and Tenny Provisional are
`
`available as prior art as of the Tenny Provisional’s filing date. See Unified Patents
`
`v. Longhorn HD, IPR2020-00879, Paper 10, 14-15 (P.T.A.B. November 12, 2020)
`
`(citing Dynamic Drinkware v. National Graphics, 800 F.3d 1375 (Fed. Cir. 2015)).
`
`And because the Tenny Provisional’s filing date (June 19, 2009) is before the
`
`Critical Data of the ’150 patent (June 26, 2009), teachings common to the Tenny
`
`Patent and Tenny Provisional qualify as prior art to the ’150 patent under 35
`
`U.S.C. § 102(e).
`
`II. THE ’150 PATENT
`A. Brief Description
`The ’150 patent, entitled “Methods and Arrangements in a
`
`Telecommunications Network,” describes techniques “in a base station and a user
`
`equipment for determining an uplink transmission timing correction for
`
`communication in a telecommunication system in which aggregation of component
`
`carriers is applied.” SAMSUNG-1001, Abstract. The patent describes that the
`
`“base station receives a signal from the user equipment on an uplink (UL)
`
`component carrier and measures the arrival time of the signal.” Id. “A timing
`
`correction of the UL transmission timing based on the arrival time of the signal is
`
`determined.” Id. The base station then “determines for which of the uplink
`
`9
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`

`

`Attorney Docket No. 39843-0099IP1
`IPR of U.S. Patent No. 10,285,150
`component carriers used by the user equipment the timing correction is valid,” and
`
`sends the “timing correction and the validity information…to the user equipment.”
`
`Id. The user equipment receives this information, and “adjusts the [uplink]
`
`transmission timing for each [uplink] component carrier the timing correction is
`
`valid for,” as indicated by the received message. Id.
`
`B.
`Level of Ordinary Skill in the Art
`A person of ordinary skill in the art at the time of the ’150 patent (a
`
`“POSITA”) would have had a Bachelor’s degree in electrical engineering,
`
`computer engineering, computer science, or a related field, and 2-3 years of
`
`experience in the design or development of wireless communication systems, or
`
`the equivalent. SAMSUNG-1003, [18]-[20]. Additional graduate education could
`
`substitute for professional experience, or significant experience in the field could
`
`substitute for formal education. Id.
`
`C. Claim Construction
`Unless otherwise noted, terms should be given their plain meaning, but
`
`Petitioner reserves the right to respond to any constructions offered by Patent
`
`Owner or the Board. Samsung is not waiving any arguments concerning
`
`indefiniteness or claim scope.
`
`1.
`Independent Claims 18 and 30
`Independent claims 18 and 30 and their respective dependent claims include
`
`multiple limitations that possibly invoke “means plus function” claiming under 35
`
`10
`
`

`

`Attorney Docket No. 39843-0099IP1
`IPR of U.S. Patent No. 10,285,150
`U.S.C. § 112 ¶6. See, e.g., SAMSUNG-1001, claim 18 (“a receiver for
`
`receiving…”; “a unit for measuring…”; “a unit for determining …”; “a transmitter
`
`for sending….”), claim 30 (“a transmitter for sending…”; “a receiver for
`
`receiving…”; “a unit for adjusting …”). Petitioner asserts that these limitations do
`
`not invoke 35 U.S.C. § 112 ¶6. See Williamson v. Citrix Online, LLC, 792 F. 3d
`
`1339, 1348 (Fed. Cir. 2015) (“the failure to use the word ‘means’ also creates a
`
`rebuttable presumption—this time that § 112, para. 6 does not apply.”). However,
`
`out of an abundance of caution, to the extent these limitations are found to invoke
`
`35 U.S.C. § 112 ¶6, the table below identifies corresponding structure from within
`
`the specification of the ’150 patent. SAMSUNG-1003, [43]-[44] (and
`
`accompanying tables):
`
`Claim 18 Language
`“receiver for receiving”
`“unit for measuring”
`
`“unit for determining”
`
`“transmitter for sending”
`
`Corresponding Structure
`“receiver 620” (e.g., 8:17-19, 8:40-51, FIG. 6)
`“unit for measuring 630” (e.g., 8:19-20, 8:40-51,
`FIG. 6)
`“unit for determining 640” (e.g., 8:20-25, 8:40-51,
`FIG. 6)
`“transmitter 650” (e.g., 8:25-29, 8:40-51, FIG. 6)
`
`
`
`
`
`Claim 30 Language
`“transmitter for sending”
`“receiver for receiving”
`“unit for adjusting”
`
`Corresponding Structure
`“transmitter 720” (e.g., 8:30-33, FIG. 7)
`“receiver 730” (e.g., 8:33-37, FIG. 7)
`“unit for adjusting 740” (e.g., 8:37-39, FIG. 7)
`
`11
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`

`

`Attorney Docket No. 39843-0099IP1
`IPR of U.S. Patent No. 10,285,150
`III. THE CHALLENGED CLAIMS ARE UNPATENTABLE
`A.
`[GROUND 1] – Claims 1-34 are obvious over Tenny and Cai
`1. Overview of Tenny
`Tenny describes techniques for “maintaining timing synchronization for user
`
`equipment in a multicarrier Long Term Evoluti