IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`In re Patent of: Mattias Tan Bergström, et al.
`U.S. Patent No.:
`10,454,655 Attorney Docket No.: 50095-0059IP1
`Issue Date:
`October 22, 2019
`
`Appl. Serial No.: 16/203,450
`
`Filing Date:
`November 28, 2018
`
`Title:
`WIRELESS TERMINALS, NODES OF WIRELESS
`COMMUNICATION NETWORKS, AND METHODS OF
`OPERATING THE SAME
`
`
`
`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. 10,454,655 PURSUANT TO 35 U.S.C. §§ 311–319, 37 C.F.R. § 42
`
`
`
`

`

`Attorney Docket No 50095-0059IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`TABLE OF CONTENTS
`
`I.
`II.
`
`PETITIONER HAS STANDING .................................................................... 1
`SUMMARY OF THE ’655 PATENT ............................................................. 1
`A. Brief Description ....................................................................................... 1
`B. Summary of the Prosecution History of the ’655 Patent .......................... 5
`C. Level of Ordinary Skill ............................................................................. 6
`III. CLAIM CONSTRUCTION ............................................................................ 6
`IV. APPLICATION OF PRIOR ART TO THE CHALLENGED CLAIMS ........ 7
`A. Grounds ..................................................................................................... 7
`B. Bao (Ground 1A) and Bao in view of Feuersanger (Ground 1B) render
`obvious Claims 1-40 ................................................................................. 8
`1. Overview of Bao (APPLE-1004) (Grounds 1A and 1B) ................ 8
`2. Overview of Feuersanger (APPLE-1005) (Ground 1B) ............... 11
`3.
`Combination of Bao and Feuersanger (Ground 1B) ..................... 12
`4. Analysis ......................................................................................... 16
`C. Kwon renders obvious claims 1-40 (Ground 2) ....................................... 48
`1. Overview of Kwon (APPLE-1006) ............................................... 48
`2. Analysis ......................................................................................... 51
`PTAB DISCRETION SHOULD NOT PRECLUDE INSTITUTION .......... 83
`A. The Advanced Bionics Test Favors Institution—§ 325(d) ..................... 83
`VI. FEES .............................................................................................................. 84
`VII. CONCLUSION .............................................................................................. 84
`VIII. MANDATORY NOTICES UNDER 37 C.F.R § 42.8(a)(1) ......................... 84
`A. Real Party-In-Interest Under 37 C.F.R. § 42.8(b)(1) .............................. 84
`B. Related Matters Under 37 C.F.R. § 42.8(b)(2) ....................................... 84
`C. Lead And Back-Up Counsel Under 37 C.F.R. § 42.8(b)(3) ................... 85
`D. Service Information ................................................................................ 85
`
`V.
`
`
`
`i
`
`

`

`Attorney Docket No 50095-0059IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`EXHIBITS
`
`APPLE-1001
`
`U.S. Patent No. 10,454,655
`
`APPLE-1002
`
`File History for U.S. Patent No. 10,454,655
`
`APPLE-1003
`
`Expert Declaration of Dr. R. Michael Buehrer
`
`APPLE-1004
`
`U.S. Patent Pub. No. 2012/0113811 (“Bao”)
`
`APPLE-1005
`
`U.S. Patent Pub. No. 2013/0039202 (“Feuersanger”)
`
`APPLE-1006
`
`U.S. Patent No. 8,538,411 (“Kwon”)
`
`APPLE-1007
`
`E. Dahlman, “4G: LTE / LTE-Advanced for Mobile
`Broadband,” Second Edition, October 7, 2013 (“Dahlman”)
`
`APPLE-1008
`
`S. Sesia, “LTE-The UMTS Long Term Evolution: From Theory
`to Practice, 2nd Ed.,” July 2011 (“Sesia”)
`
`
`
`
`
`ii
`
`

`

`Attorney Docket No 50095-0059IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`LISTING OF CLAIMS
`
`Claim 1
`[1pre] A method of operating a wireless terminal in communication with a
`wireless communication network, the method comprising:
`
`[1a]
`
`[1b]
`
`[1c]
`
`[1d]
`
`receiving a first Medium Access Control (MAC) Control Element (CE)
`from the wireless communication network,
`
`wherein the first MAC CE includes a first bit map having a first bit
`map size with bits of the first bit map corresponding to respective
`component carriers of a first group of component carriers and
`indicating an activation status of the respective component carriers of
`the first group; and
`
`receiving a second MAC CE from the wireless communication
`network,
`
`wherein the second MAC CE includes a second bit map having a
`second bit map size with bits of the second bit map corresponding to
`respective component carriers of a second group of component carriers
`and indicating an activation status of the respective component carriers
`of the second group, and
`
`[1e]
`
`wherein the first bit map size of the first bit map is different than the
`second bit map size of the second bit map.
`
`Claim 2
`[2a] … claim 1 further comprising: responsive to the first MAC CE,
`activating/deactivating component carriers of the first group of
`component carriers responsive to the first bit map; and
`
`[2b]
`
`responsive to the second MAC CE, activating/deactivating component
`carriers of the second group of component carriers responsive to the
`second bit map.
`
`Claim 3
`
`iii
`
`

`

`[3]
`
`Attorney Docket No 50095-0059IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`… claim 1, wherein a first Logical Channel Identity (LCID) is provided
`for the first MAC CE, a second LCID is provided for the second MAC
`CE, and the first and second LCIDs are different.
`
`Claim 4
`[4a] … claim 3 wherein receiving the first MAC CE comprises receiving
`the first MAC CE and applying bits of the first bit map to respective
`component carriers of the first group of component carriers responsive
`to the first LCID, and
`
`[4b]
`
`wherein receiving the second MAC CE comprises receiving the second
`MAC CE and applying bits of the second bit map to respective
`component carriers of the second group of component carriers
`responsive to the second LCID.
`
`Claim 5
`[5]
`
`Claim 6
`[6]
`
`Claim 7
`
`… claim 1, wherein the first group of component carriers includes a
`first group of secondary component carriers, wherein the second group
`of component carriers includes a second group of secondary component
`carriers, wherein the first and second groups of secondary component
`carriers are different, wherein each of the first group of secondary
`component carriers corresponds to a respective bit of the first bit map,
`and wherein each of the second group of secondary component carriers
`corresponds to a respective bit of the second bit map.
`
`… claim 5, wherein a respective component carrier index is associated
`with each secondary component carrier of the first group, wherein a
`respective component carrier index is associated with each secondary
`component carrier of the second group, wherein at least one of the
`component carrier indices of the secondary component carriers of the
`first group exceeds a threshold, wherein none of the component carrier
`indices of the secondary component carriers of the second group
`exceeds the threshold, and wherein the first bit map size of the first bit
`map is greater than the second bit map size of the second bit map.
`
`iv
`
`

`

`[7pre] A wireless terminal comprising:
`
`Attorney Docket No 50095-0059IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`[7a]
`
`[7b]
`
`[7c]
`
`[7d]
`
`[7e]
`
`[7f]
`
`a transceiver configured to provide radio communications with a
`wireless communication network over a radio interface; and
`
`a processor coupled with the transceiver, wherein the processor is
`configured to:
`
`receive a first Medium Access Control (MAC) Control Element (CE)
`through the transceiver from the wireless communication network,
`
`wherein the first MAC CE includes a first bit map having a first bit
`map size with bits of the first bit map corresponding to respective
`component carriers of a first group of component carriers and
`indicating an activation status of the respective component carriers of
`the first group; and
`
`receive a second MAC CE through the transceiver from the wireless
`communication network,
`
`wherein the second MAC CE includes a second bit map having a
`second bit map size with bits of the second bit map corresponding to
`respective component carriers of a second group of component carriers
`and indicating an activation status of the respective component carriers
`of the second group, and
`
`[7g]
`
`wherein the first bit map size of the first bit map is different than the
`second bit map size of the second bit map.
`
`Claim 8
`[8a] … claim 7, wherein the processor is further configured to:
`activate/deactivate component carriers of the first group of component
`carriers responsive to the first MAC CE and the first bit map; and
`
`[8b]
`
`activate/deactivate component carriers of the second group of
`component carriers responsive to the second MAC CE and the second
`bit map.
`
`Claim 9
`
`v
`
`

`

`Attorney Docket No 50095-0059IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`[9]
`
`… claim 7, wherein a first Logical Channel Identity (LCID) is provided
`for the first MAC CE, a second LCID is provided for the second MAC
`CE, and the first and second LCIDs are different.
`Claim 10
`[10a] … claim 9, wherein receiving the first MAC CE comprises receiving
`the first MAC CE and applying bits of the first bit map to respective
`component carriers of the first group of component carriers responsive
`to the first LCID, and
`
`[10b] wherein receiving the second MAC CE comprises receiving the second
`MAC CE and applying bits of the second bit map to respective
`component carriers of the second group of component carriers
`responsive to the second LCID.
`Claim 11
`[11] … claim 7, wherein the first group of component carriers includes a
`first group of secondary component carriers, wherein the second group
`of component carriers includes a second group of secondary component
`carriers, wherein the first and second groups of secondary component
`carriers are different, wherein each of the first group of secondary
`component carriers corresponds to a respective bit of the first bit map,
`and wherein each of the second group of secondary component carriers
`corresponds to a respective bit of the second bit map.
`Claim 12
`[12] … claim 11, wherein a respective component carrier index is associated
`with each secondary component carrier of the first group, wherein a
`respective component carrier index is associated with each secondary
`component carrier of the second group, wherein at least one of the
`component carrier indices of the secondary component carriers of the
`first group exceeds a threshold, wherein none of the component carrier
`indices of the secondary component carriers of the second group
`exceeds the threshold, and wherein the first bit map size of the first bit
`map is greater than the second bit map size of the second bit map.
`Claim 13
`
`vi
`
`

`

`[13pre] A method of operating a node of a wireless communication network,
`the method comprising:
`
`Attorney Docket No 50095-0059IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`[13a]
`
`transmitting a first Medium Access Control (MAC) Control Element
`(CE) to a wireless terminal,
`
`[13b] wherein the first MAC CE includes a first bit map having a first bit
`map size with bits of the first bit map corresponding to respective
`component carriers of a first group of component carriers and
`indicating an activation status of the respective component carriers of
`the first group; and
`
`[13c]
`
`transmitting a second MAC CE to the wireless terminal,
`
`[13d] wherein the second MAC CE includes a second bit map having a
`second bit map size with bits of the second bit map corresponding to
`respective component carriers of a second group of component carriers
`and indicating an activation status of the respective component carriers
`of the second group, and
`
`[13e]
`
`wherein the first bit map size of the first bit map is different than the
`second bit map size of the second bit map.
`Claim 14
`[14] … claim 13, wherein a first Logical Channel Identity (LCID) is
`provided for the first MAC CE, a second LCID is provided for the
`second MAC CE, and the first and second LCIDs are different.
`Claim 15
`[15] … claim 13, wherein the first group of component carriers includes a
`first group of secondary component carriers, wherein the second group
`of component carriers includes a second group of secondary component
`carriers, wherein the first and second groups of secondary component
`carriers are different, wherein each of the first group of secondary
`component carriers corresponds to a respective bit of the first bit map,
`and wherein each of the second group of secondary component carriers
`corresponds to a respective bit of the second bit map.
`Claim 16
`
`vii
`
`

`

`Attorney Docket No 50095-0059IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`[16] … claim 15, wherein a respective component carrier index is associated
`with each secondary component carrier of the first group, wherein a
`respective component carrier index is associated with each secondary
`component carrier of the second group, wherein at least one of the
`component carrier indices of the secondary component carriers of the
`first group exceeds a threshold, wherein none of the component carrier
`indices of the secondary component carriers of the second group
`exceeds the threshold, and wherein the first bit map size of the first bit
`map is greater than the second bit map size of the second bit map.
`Claim 17
`[17pre] A node of a wireless communication network, the node comprising:
`
`[17a]
`
`[17b]
`
`[17c]
`
`a transceiver configured to provide radio communications with one or
`more wireless terminals over a radio interface; and
`
`a processor coupled with the transceiver, wherein the processor is
`configured to:
`
`transmit a first Medium Access Control (MAC) Control Element (CE)
`through the transceiver to a wireless terminal,
`
`[17d] wherein the first MAC CE includes a first bit map having a first bit
`map size with bits of the first bit map corresponding to respective
`component carriers of a first group of component carriers and
`indicating an activation status of the respective component carriers of
`the first group; and
`
`[17e]
`
`[17f]
`
`transmit a second MAC CE through the transceiver to the wireless
`terminal,
`
`wherein the second MAC CE includes a second bit map having a
`second bit map size with bits of the second bit map corresponding to
`respective component carriers of a second group of component carriers
`and indicating an activation status of the respective component carriers
`of the second group, and
`
`[17g] wherein the first bit map size of the first bit map is different than the
`second bit map size of the second bit map.
`
`viii
`
`

`

`Attorney Docket No 50095-0059IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`Claim 18
`[18] … claim 17, wherein a first Logical Channel Identity (LCID) is
`provided for the first MAC CE, a second LCID is provided for the
`second MAC CE, and the first and second LCIDs are different.
`Claim 19
`[19] … claim 17, wherein the first group of component carriers includes a
`first group of secondary component carriers, wherein the second group
`of component carriers includes a second group of secondary component
`carriers, wherein the first and second groups of secondary component
`carriers are different, wherein each of the first group of secondary
`component carriers corresponds to a respective bit of the first bit map,
`and wherein each of the second group of secondary component carriers
`corresponds to a respective bit of the second bit map.
`Claim 20
`[20] … claim 19, wherein a respective component carrier index is associated
`with each secondary component carrier of the first group, wherein a
`respective component carrier index is associated with each secondary
`component carrier of the second group, wherein at least one of the
`component carrier indices of the secondary component carriers of the
`first group exceeds a threshold, wherein none of the component carrier
`indices of the secondary component carriers of the second group
`exceeds the threshold, and wherein the first bit map size of the first bit
`map is greater than the second bit map size of the second bit map.
`Claim 21
`[21pre] A method of operating a wireless terminal in communication with a
`wireless communication network, the method comprising:
`
`[21a]
`
`receiving a medium access control, MAC, control element, CE, from
`the wireless communication network,
`
`[21b] wherein the MAC CE has one of a plurality of formats, wherein a first
`format of the plurality of formats has a first bit map size and the first
`format is associated with a first Logical Channel Identity (LCID),
`
`ix
`
`

`

`Attorney Docket No 50095-0059IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`wherein a second format of the plurality of formats has a second bit
`map size and the second format is associated with a second LCID,
`
`[21c]
`
`wherein the first and second bit map sizes are different, and
`
`[21d] wherein the first and second LCIDs are different; and
`
`[21e]
`
`responsive to receiving one of the first and second LCIDs together with
`the MAC CE, applying a bit map of the MAC CE using one of the first
`and second bit map sizes to activate/deactivate component carriers of a
`group of component carriers based on the one of the first and second
`LCIDs received together with the MAC CE.
`Claim 22
`[22] … claim 21, wherein the first LCID is received together with the MAC
`CE, wherein the MAC CE has the first format, wherein the bit map has
`the first bit map size of the first format, and wherein applying the bit
`map comprises applying the bit map of the MAC CE using the first bit
`map size to activate/deactivate respective ones of the component
`carriers of the group of component carriers responsive to receiving the
`first LCID together with the MAC CE.
`Claim 23
`[23] … claim 22, wherein the group of component carriers includes a group
`of secondary component carriers, and wherein each of the group of
`secondary component carriers corresponds to a respective bit of the bit
`map of the MAC CE.
`Claim 24
`[24] … claim 23, wherein a respective component carrier index is associated
`with each component carrier of the group of secondary component
`carriers, wherein at least one of the component carrier indices of the
`component carriers of the group of secondary component carriers
`exceeds a threshold, and wherein the first bit map size is greater than
`the second bit map size.
`Claim 25
`
`x
`
`

`

`Attorney Docket No 50095-0059IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`[25a] … claim 22, wherein the MAC CE is a first MAC CE, wherein the bit
`map is a first bit map, and wherein the component carriers are first
`component carriers of a first group, the method further comprising:
`
`[25b]
`
`[25c]
`
`receiving a second MAC CE from the wireless communication
`network,
`
`wherein the second MAC CE is received together with the second
`LCID, wherein the second MAC CE has the second format, and
`wherein second MAC CE has a second bit map with the second bit map
`size of the second format; and
`
`[25d]
`
`responsive to receiving the second LCID together with the second
`MAC CE, applying the second bit map of the second MAC CE using
`the second bit map size to activate/deactivate second component
`carriers of a second group of component carriers.
`Claim 26
`[26pre] A wireless terminal comprising:
`
`[26a]
`
`[26b]
`
`[26c]
`
`a transceiver configured to provide radio communications with a
`wireless communication network over a radio interface; and
`
`a processor coupled with the transceiver, wherein the processor is
`configured to:
`
`receiving a medium access control, MAC, control element, CE, from
`the wireless communication network
`
`[26d] wherein the MAC CE has one of a plurality of formats, wherein a first
`format of the plurality of formats has a first bit map size and the first
`format is associated with a first Logical Channel Identity (LCID),
`wherein a second format of the plurality of formats has a second bit
`map size and the second format is associated with a second LCID,
`
`[26e]
`
`[26f]
`
`[26g]
`
`wherein the first and second bit map sizes are different, and
`
`wherein the first and second LCIDs are different; and
`
`responsive to receiving one of the first and second LCIDs together with
`the MAC CE, applying a bit map of the MAC CE using one of the first
`
`xi
`
`

`

`Attorney Docket No 50095-0059IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`and second bit map sizes to activate/deactivate component carriers of a
`group of component carriers based on the one of the first and second
`LCIDs received together with the MAC CE.
`Claim 27
`[27] … claim 26, wherein the first LCID is received together with the MAC
`CE, wherein the MAC CE has the first format, wherein the bit map has
`the first bit map size of the first format, and wherein applying the bit
`map comprises applying the bit map of the MAC CE using the first bit
`map size to activate/deactivate respective ones of the component
`carriers of the group of component carriers responsive to receiving the
`first LCID together with the MAC CE.
`Claim 28
`[28] … claim 27, wherein the group of component carriers includes a group
`of secondary component carriers, and wherein each of the group of
`secondary component carriers corresponds to a respective bit of the bit
`map of the MAC CE.
`Claim 29
`[29] … claim 28, wherein a respective component carrier index is associated
`with each component carrier of the group of secondary component
`carriers, wherein at least one of the component carrier indices of the
`component carriers of the group of secondary component carriers
`exceeds a threshold, and wherein the first bit map size is greater than
`the second bit map size.
`Claim 30
`[30a] … claim 27, wherein the MAC CE is a first MAC CE, wherein the bit
`map is a first bit map, and wherein the component carriers are first
`component carriers of a first group, wherein the processor is further
`configured to:
`
`[30b]
`
`receiving a second MAC CE from the wireless communication
`network,
`
`xii
`
`

`

`[30c]
`
`Attorney Docket No 50095-0059IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`wherein the second MAC CE is received together with the second
`LCID, wherein the second MAC CE has the second format, and
`wherein second MAC CE has a second bit map with the second bit map
`size of the second format; and
`
`[30d]
`
`responsive to receiving the second LCID together with the second
`MAC CE, applying the second bit map of the second MAC CE using
`the second bit map size to activate/deactivate second component
`carriers of a second group of component carriers.
`Claim 31
`[31pre] A method of operating a node of a wireless communication network,
`the method comprising:
`
`[31a]
`
`selecting one of a first format and a second format for a medium access
`control, MAC, control element, CE,
`
`[31b] wherein the first format has a first bit map size and the first format is
`associated with a first Logical Channel Identity (LCID), wherein the
`second format has a second bit map size and the second format is
`associated with a second LCID,
`
`[31c]
`
`wherein the first and second bit map sizes are different, and
`
`[31d] wherein the first and second LCIDs are different; and
`
`[31e]
`
`transmitting the MAC CE to a wireless terminal together with one of
`the first and second LCIDs associated with the one of the first and
`second formats selected for the MAC CE,
`
`[31f]
`
`wherein the MAC CE includes a bit map having one of the first and
`second bit map sizes associated with the one of the first format and the
`second format selected for the MAC CE, wherein bits of the bit map
`correspond to respective component carriers of a group of component
`carriers and includes an activation status of the respective component
`carriers of the group.
`Claim 32
`[32] … claim 31, wherein selecting comprises selecting the first format for
`the MAC CE, wherein the first LCID is transmitted together with the
`
`xiii
`
`

`

`Attorney Docket No 50095-0059IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`MAC CE, wherein the MAC CE has the first format, and wherein the
`bit map has the first bit map size of the first format.
`Claim 33
`[33] … claim 32, wherein the group of component carriers includes a group
`of secondary component carriers, and wherein each of the group of
`secondary component carriers corresponds to a respective bit of the bit
`map of the MAC CE.
`Claim 34
`[34] … claim 33, wherein a respective component carrier index is associated
`with each component carrier of the group of secondary component
`carriers, wherein the first bit map size is greater than the second bit
`map size, and wherein the first format for the MAC CE is selected
`responsive to determining that at least one of the component carrier
`indices of the component carriers of the group of secondary component
`carriers exceeds a threshold.
`Claim 35
`[35a] … claim 32, wherein the MAC CE is a first MAC CE, wherein the bit
`map is a first bit map, and wherein the component carriers are first
`component carriers of a first group, the method further comprising:
`
`[35b]
`
`[35c]
`
`selecting the second format for a second MAC CE; and
`
`transmitting the second MAC CE to the wireless terminal together with
`the second LCID associated with the second format,
`
`[35d] wherein the second MAC CE includes a bit map having the second bit
`map size associated with the second format selected for the MAC CE,
`wherein bits of the second bit map correspond to respective component
`carriers of a second group of component carriers and includes an
`activation status of the respective component carriers of the second
`group.
`Claim 36
`[36pre] A node of a wireless communication network comprising:
`
`xiv
`
`

`

`Attorney Docket No 50095-0059IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`a transceiver configured to provide radio communications with a
`wireless terminal over a radio interface; and
`
`a processor coupled with the transceiver, wherein the processor is
`configured to:
`
`select one of a first format and a second format for a medium access
`control, MAC, control element, CE,
`
`[36a]
`
`[36b]
`
`[36c]
`
`[36d] wherein the first format has a first bit map size and the first format is
`associated with a first Logical Channel Identity (LCID), wherein the
`second format has a second bit map size and the second format is
`associated with a second LCID,
`
`[36e]
`
`[36f]
`
`[36g]
`
`wherein the first and second bit map sizes are different, and
`
`wherein the first and second LCIDs are different; and
`
`transmit the MAC CE to a wireless terminal together with one of the
`first and second LCIDs associated with the one of the first and second
`formats selected for the MAC CE,
`
`[36h] wherein the MAC CE includes a bit map having one of the first and
`second bit map sizes associated with the one of the first format and the
`second format selected for the MAC CE, wherein bits of the bit map
`correspond to respective component carriers of a group of component
`carriers and includes an activation status of the respective component
`carriers of the group.
`Claim 37
`[37] … claim 36, wherein selecting comprises selecting the first format for
`the MAC CE, wherein the first LCID is transmitted together with the
`MAC CE, wherein the MAC CE has the first format, and wherein the
`bit map has the first bit map size of the first format.
`Claim 38
`[38] … claim 37, wherein the group of component carriers includes a group
`of secondary component carriers, and wherein each of the group of
`
`xv
`
`

`

`Attorney Docket No 50095-0059IP1
`IPR of U.S. Patent No. 10,454,655
`
`
`secondary component carriers corresponds to a respective bit of the bit
`map of the MAC CE.
`Claim 39
`[39] … claim 38, wherein a respective component carrier index is associated
`with each component carrier of the group of secondary component
`carriers, wherein the first bit map size is greater than the second bit
`map size, and wherein the first format for the MAC CE is selected
`responsive to determining that at least one of the component carrier
`indices of the component carriers of the group of secondary component
`carriers exceeds a threshold.
`Claim 40
`[40a] … claim 37, wherein the MAC CE is a first MAC CE, wherein the bit
`map is a first bit map, and wherein the component carriers are first
`component carriers of a first group, wherein the processor is further
`configured to:
`
`[40b]
`
`[40c]
`
`select the second format for a second MAC CE; and
`
`transmit the second MAC CE to the wireless terminal together with the
`second LCID associated with the second format,
`
`[40d] wherein the second MAC CE includes a bit map having the second bit
`map size associated with the second format selected for the MAC CE,
`wherein bits of the second bit map correspond to respective component
`carriers of a second group of component carriers and includes an
`activation status of the respective component carriers of the second
`group.
`
`xvi
`
`

`

`Attorney Docket No 50095-0059IP1
`IPR of U.S. Patent No. 10,454,655
`
`Apple Inc. (“Petitioner” or “Apple”) petitions for Inter Partes Review (“IPR”)
`
`of claims 1-40 (“the Challenged Claims”) of U.S. Patent 10,454,655 (“’655 Patent”).
`
`As explained in this Petition, there exists a reasonable likelihood that Petitioner will
`
`prevail. APPLE-1003, [1]-[521].
`
`I.
`
`PETITIONER HAS STANDING
`Petitioner certifies that the ’655 Patent is available for IPR. Petitioner is not
`
`barred or estopped from requesting this review challenging the Challenged Claims
`
`based on the below-identified grounds.
`
`II.
`
`SUMMARY OF THE ’655 PATENT
`A. Brief Description
`The ’655 Patent describes “a method of operating a wireless terminal” in
`
`communication with a wireless communication network that facilitates the use of
`
`carrier aggregation, a technique used to assign multiple frequency blocks, or
`
`component carriers (CCs), to the same user to increase the data rate per user.
`
`APPLE-1001, Abstract; APPLE-1003, [43],[44]. The ’655 Patent explains that
`
`Long-Term Evolution (LTE)1 technology or 3GPP LTE has been standardized to
`
`
`1 The term “LTE” is used within this Petition in reference to the patent and prior-
`
`art disclosures as of the ’655 Patent’s Critical Date, and no comment is being made
`
`1
`
`

`

`Attorney Docket No 50095-0059IP1
`IPR of U.S. Patent No. 10,454,655
`
`support CC bandwidths of up to 20 MHz, and that carrier aggregation allows “LTE
`
`operation with bandwidths wider than 20 MHz.” APPLE-1001, 1:30-42. The
`
`number of CCs “may be different for uplink and downlink,” for different terminals,
`
`or during initial access. Id., 1:48-2:9; APPLE-1003, [43]-[44].
`
`The ’655 Patent describes configuring groups of frequency blocks, or
`
`component carriers (CCs), using a particular type of medium access control (MAC)
`
`control element (CE). APPLE-1001, Abstract. These MAC CEs have i) “LCID[s]
`
`(Logical Channel Identity) which [are] used as[] identifier[s] for the MAC CE[s] so
`
`that the receiver interprets the MAC CE correctly” and ii) bitmaps with bits
`
`corresponding to respective component carriers of a particular group that indicate
`
`the activation status of the component carriers. See, e.g., id., 2:37-59.
`
`Stated plainly, within an example cellular network, a base station will indicate
`
`to a UE a set of frequency blocks (i.e., component carriers or 20 MHz blocks) that
`
`can be used by the UE to transmit or receive signal communications within the
`
`network. For example, the base station can provide the indication as a command or
`
`MAC CE that uses a data structure of bitmaps to inform the UE which frequency
`
`block(s) can be activated for use at the UE or which frequency block(s) can be
`
`
`as to the applicability of a particular technology or feature to the current LTE
`
`standard.
`
`2
`
`

`

`Attorney Docket No 50095-0059IP1
`IPR of U.S. Patent No. 10,454,655
`
`deactivated (not used) at the UE. A node of the network, such as an eNodeB,
`
`provides a piece of user equipment (UE) with this particular type of MAC CE, and
`
`the UE applies the MAC CE such that each bit of the bitmap activates or deactivates
`
`a corresponding component carrier. Id., 2:37-59; APPLE-1003, [43]-[48].
`
`Such MAC CEs, however, were well known prior to January 13, 2015
`
`(“Critical Date”), the earliest possible priority date of the ’655 Patent. APPLE-1003,
`
`[47]-[48]. The ’655 Patent concedes that MAC CEs that include “an