`
`Petition for Inter Partes Review
`U.S. Patent No. 10,368,361
`
`
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`––––––––––
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`––––––––––
`
`SAMSUNG ELECTRONICS AMERICA, INC.,
`
`SAMSUNG ELECTRONICS CO., LTD.,
`
`Petitioners,
`
`
`v.
`
`COBBLESTONE WIRELESS, LLC,
`
`Patent Owner.
`
`––––––––––
`Case No. IPR2024-00316
`
`U.S. Patent No. 10,368,361
`
`––––––––––
`
`PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 10,368,361
`
`
`
`02198-00092/14585472.1
`
`Cobblestone Wireless, LLC
`Ex. 2024, IPR2024-00315
`Page 1 of 89
`
`

`

`
`
`
`
`
`I.
`
`TABLE OF CONTENTS
`
`Introduction ...................................................................................................... 1
`
`II.
`
`Standing ........................................................................................................... 2
`
`III.
`
`Identification of Challenge And Relief Requested .......................................... 2
`
`IV. Level Of Ordinary Skill In The Art ................................................................. 3
`
`V.
`
`Background ...................................................................................................... 4
`
`A.
`
`Frame Structure of Time-Frequency Resources ................................... 4
`
`B.
`
`C.
`
`Resource Allocation in TDD and Interference Concerns ..................... 6
`
`Interference Measurements ................................................................... 8
`
`D. Dynamic Frame Configurations and 3GPP’s eIMTA
`Functionality ........................................................................................ 10
`
`VI. The ’361 Patent .............................................................................................. 12
`
`A. Overview ............................................................................................. 12
`
`VII. Claim Construction ........................................................................................ 16
`
`A.
`
`“quality status module” ....................................................................... 17
`
`B.
`
`“sub-optimal” ...................................................................................... 18
`
`VIII. Grounds of Rejection ..................................................................................... 19
`
`A. Ground 1: Gaal Renders Obvious the Challenged Claims .................. 19
`
`1.
`
`2.
`
`3.
`
`Overview of Gaal ...................................................................... 19
`
`Claim 10 .................................................................................... 21
`
`Claim 11: The base station of claim 10, further
`comprising: a memory coupled to the processor and
`configured to store an uplink resource pool, a downlink
`resource pool, and the shared resource pool, wherein the
`processor is further configured to assign, based on the
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`Petition for Inter Partes Review
`U.S. Patent No. 10,368,361
`
`determined quality status of the second frequency
`spectrum resource, the second frequency spectrum
`resource to one of the uplink resource pool or downlink
`resource pool. ............................................................................ 46
`
`Claim 12: The wireless base station of claim 10, wherein
`the updated directional allocation of frequency spectrum
`resources is based on one or more of: current resource
`requests from a wireless device serviced by the wireless
`base station, current resource requests from the wireless
`base station, a number of frequency spectrum resources
`scheduled from an uplink resource pool for uplink
`channels, and a number of frequency spectrum resource
`scheduled from a downlink resource pool for downlink
`channels. .................................................................................... 48
`
`Claim 13: The wireless base station of claim 10, wherein
`the initial directional allocation of frequency spectrum
`resources is based on current resource requests from a
`wireless device serviced by the wireless base station, and
`current resource requests from the wireless base station. ......... 49
`
`Claim 15: The wireless base station of claim 10, wherein
`the first frequency spectrum resource includes multiple
`subcarriers and multiple resource elements associated
`with each of the multiple subcarriers. ....................................... 49
`
`4.
`
`5.
`
`6.
`
`7.
`
`Claim 17 .................................................................................... 52
`
`B.
`
`Ground 2: Gaal In View of Khoryaev Renders Obvious Claims
`10-13, 15, and 17 of the ’361 Patent. .................................................. 59
`
`1.
`
`Overview of Khoryaev .............................................................. 60
`
`2. Motivation to Combine ............................................................. 62
`
`3.
`
`4.
`
`5.
`
`Claim 10 .................................................................................... 66
`
`Claim 17 .................................................................................... 71
`
`Remaining Limitations of Claims 10, 11-13, 15, and 17.......... 71
`
`IX. Discretionary Denial ...................................................................................... 72
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`Petition for Inter Partes Review
`U.S. Patent No. 10,368,361
`
`A.
`
`Fintiv.................................................................................................... 72
`
`B.
`
`35 U.S.C. §325(d)................................................................................ 73
`
`X. Mandatory Notices And Fees ........................................................................ 73
`
`A.
`
`Real Party-In-Interest .......................................................................... 73
`
`B.
`
`C.
`
`Related Matters .................................................................................... 73
`
`Counsel and Service Information ........................................................ 74
`
`D.
`
`Payment of Fees .................................................................................. 75
`
`XI. Conclusion ..................................................................................................... 75
`
`
`
`
`
`
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`Petition for Inter Partes Review
`U.S. Patent No. 10,368,361
`
`EXHIBIT LIST
`
`Ex.
`
`Description
`
`1001 U.S. Patent No. 10,368,361 B2 (“the ’361 Patent”)
`
`1002
`
`Prosecution History of U.S. Patent No. 10,368,361 B2
`
`1003 Declaration of Mr. Proctor
`
`1004 U.S. Patent Application Publication No. 2014/0341051 A1 (“Gaal”)
`
`1005
`
`1006
`
`1007
`
`LTE-Advanced: A Practical Systems Approach to Understanding
`3GPP LTE Releases 10 and 11 Radio Access technologies by Ahmadi
`(“Ahmadi”)
`
`R1-142771, CR 0191 to TS 36.211, Inclusion of eIMTA, TDD-FDD
`CA, and coverage enhancements, 3GPP TSG-RAN WG1 Meeting
`#77, Ericsson (May 19-23, 2013) (“R1-142771”)
`
`R1-142772, CR 0158 to TS 36.212, Introduction of Rel 12 features of
`TDD-FDD CA and eIMTA, 3GPP TSG-RAN WG1 Meeting #77,
`Huawei (May 19-23, 2014) (“R1-142772”)
`
`1008
`
`3GPP TS 36.211 V12.2.0
`
`1009
`
`3GPP TS 36.213 V12.2.0
`
`1010
`
`1011
`
`Cobblestone Wireless, LLC v. T-Mobile USA, Inc., No. 2:22-cv-
`00447-JRG-RSP, Dkt. 62 (E.D. Tex. Apr. 8, 2023) (“Docket Control
`Order”)
`
`R1-132137, Signalling for flexible subframes and determination of
`their usage, 3GPP TSG-RAN WG1 Meeting #73, Panasonic (May 20-
`24, 2013) (“R1-132137”)
`
`1012
`
`Sesia, S. et al., LTE—The UMTS Long Term Evolution, 2d ed. (2011)
`
`1013 Kreher, R. & Gaenger, K., LTE Signaling, Troubleshooting and
`Optimization, 1st ed. (2011)
`
`1014
`
`3GPP TS 36.214 V11.1.0
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`U.S. Patent No. 10,368,361
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`1015
`
`1016
`
`IBM International Technical Support Organization, An Introduction
`to Wireless Communications, 2d ed. (October 1995)
`
`Taylor, M.S. et al., Internet Mobility: The CDPD Approach (June 11,
`1996)
`
`1017
`
`Steele et al., GSM, cdmaOne and 3G Systems (2001)
`
`1018 United States Patent No. 9,185,620 (“Khoryaev”)
`
`1019 Katherine K. Vidal, Interim Procedure for Discretionary Denials in
`AIA Post-Grant Proceedings with Parallel District Court Litigation
`(June 21, 2022)
`
`1020
`
`Cobblestone Wireless, LLC v. Samsung Electronics Co., Ltd., No.
`2:22-cv-00285-JRG-RSP, Dkt. 29-1, Docket Control Order
`
`
`
`
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`
`
`Claim
`
`[10.pre]
`
`[10.1]
`
`Petition for Inter Partes Review
`U.S. Patent No. 10,368,361
`
`LIST OF CHALLENGED CLAIMS
`
`Limitation
`
`A wireless base station for a wireless communication network,
`the wireless base station comprising:
`
`a quality status module configured to determine a respective
`quality status of a first frequency spectrum resource and a second
`frequency spectrum resource, wherein each of the first frequency
`spectrum resource and the second frequency spectrum resource
`are associated with an air interface that is available for use by the
`wireless base station for an uplink channel or a downlink
`channel;
`
`[10.2]
`
`[10.3]
`
`a processor coupled to the quality status module and configured
`to:
`
`determine, based on the quality status of the first frequency
`spectrum resource, that the first frequency spectrum resource is a
`sub-optimal resource, for the uplink channel and the downlink
`channel, relative to other frequency spectrum resources that are
`available for use by the wireless base station; and
`
`[10.4]
`
`in response to the determination that the first frequency spectrum
`resource is the sub-optimal resource, assign the first frequency
`spectrum resource to a shared resource pool; and
`
`[10.5]
`
`a scheduler module coupled to the processor and configured to:
`
`[10.6]
`
`[10.7]
`
`schedule the second frequency spectrum resource for the uplink
`channel or the downlink channel based on an initial directional
`allocation of frequency spectrum resources for the wireless base
`station;
`
`determine an updated directional allocation of frequency
`spectrum resource for the wireless base station after the second
`frequency spectrum resource is scheduled for the uplink channel
`or the downlink channel; and
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`Claim
`
`[10.8]
`
`Petition for Inter Partes Review
`U.S. Patent No. 10,368,361
`
`Limitation
`
`schedule the first frequency spectrum resource based on the
`updated directional allocation of frequency spectrum resources
`for the wireless base station.
`
`
`
`
`
`
`
`
`
`11
`
`12
`
`13
`
`15
`
`The base station of claim 10, further comprising: a memory
`coupled to the processor and configured to store an uplink
`resource pool, a downlink resource pool, and the shared resource
`pool, wherein the processor is further configured to assign, based
`on the determined quality status of the second frequency
`spectrum resource, the second frequency spectrum resource to
`one of the uplink resource pool or downlink resource pool.
`
`The wireless base station of claim 10, wherein the updated
`directional allocation of frequency spectrum resources is based
`on one or more of: current resource requests from a wireless
`device serviced by the wireless base station, current resource
`requests from the wireless base station, a number of frequency
`spectrum resources scheduled from an uplink resource pool for
`uplink channels, and a number of frequency spectrum resource
`scheduled from a downlink resource pool for downlink channels.
`
`The wireless base station of claim 10, wherein the initial
`directional allocation of frequency spectrum resources is based
`on current resource requests from a wireless device serviced by
`the wireless base station, and current resource requests from the
`wireless base station.
`
`The wireless base station of claim 10, wherein the first frequency
`spectrum resource includes multiple subcarriers and multiple
`resource elements associated with each of the multiple
`subcarriers.
`
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`
`
`Claim
`
`
`
`[17.pre]
`
`[17.1]
`
`[17.2]
`
`[17.3]
`
`Petition for Inter Partes Review
`U.S. Patent No. 10,368,361
`
`Limitation
`
`A non-transitory computer-readable medium that includes
`computer-executable instructions stored thereon, which in
`response to execution by a processor, cause the processor to
`perform or control performance of operations that comprise:
`
`determine a quality status of a first frequency spectrum resource
`that is available for use by a base station for an uplink channel or
`a downlink channel;
`
`determine, based on the quality status, that the first frequency
`spectrum resource is a sub-optimal resource, for the uplink
`channel and the downlink channel, relative to other frequency
`spectrum resources that are available for use by the base station,
`
`wherein to determine that the first frequency spectrum resource
`is the sub-optimal resource, the computer-executable
`instructions, in response to execution by the processor, cause the
`processor to perform or control performance of at least one
`operation that comprises: determine that a channel quality
`indicator (CQI) of the first frequency spectrum resource is less
`than a respective CQI of one or more other frequency spectrum
`resources that are available for use by the base station; and
`determine that a received interference power (RIP) of the first
`frequency spectrum resources is greater than a respective RIP of
`the one or more other frequency spectrum resources that are
`available for use by the base station;
`
`[17.4]
`
`[17.5]
`
`in response to the determination that the first frequency spectrum
`resource is the sub-optimal resource, assign the first frequency
`spectrum resource to a shared resource pool;
`
`schedule, based on an initial directional allocation of
`communication resources for the base station, a second
`frequency spectrum resource that is available for use by the base
`station for the uplink channel or the downlink channel;
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`Claim
`
`[17.6]
`
`[17.7]
`
`Petition for Inter Partes Review
`U.S. Patent No. 10,368,361
`
`Limitation
`
`after the second frequency spectrum resource is scheduled for
`use by the base station, determine an updated directional
`allocation of communication resources for the base station; and
`
`select the first frequency spectrum resource from the shared
`resource pool, and schedule the first frequency spectrum
`resource for either the uplink channel or the downlink channel
`based on the determined updated directional allocation of
`communication resources for the base station.
`
`
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`Petition for Inter Partes Review
`U.S. Patent No. 10,368,361
`
`I.
`
`INTRODUCTION
`
`Samsung Electronics America, Inc. and Samsung Electronics Co., Ltd.
`
`(“Petitioners”) respectfully requests inter partes review of claims 10-13, 15, and 17
`
`(the “Challenged Claims”) of U.S. Patent No. 10,368,361 (the “’361 Patent”)
`
`pursuant to 35 U.S.C. §311 and 37 C.F.R. §42.100. Petitioners note that the
`
`grounds of challenge in this Petition are a “copycat” of the Petition filed in T-
`
`Mobile USA, Inc. et al. v. Cobblestone Wireless, LLC, IPR2024-00138. Both
`
`Petitions challenge the same claims using the same prior art and for the same
`
`reasons. The expert declaration filed in this proceeding is substantively identical to
`
`the expert declaration in IPR2024-00138 and signed by the same expert, and both
`
`Petitions otherwise cite to the same exhibits. If IPR2024-00138 is instituted,
`
`Petitioners intend to move for joinder.
`
`The ’361 Patent modifies the TDD resource allocation scheme used in LTE.
`
`The ’361 Patent acknowledges that the prior art TDD resource allocation scheme
`
`assigned frequency resources to either uplink or downlink communications. To
`
`improve the flexibility, the ’361 Patent discloses the concept of a shared resource
`
`pool, which includes frequency resources that can be used for uplink or downlink.
`
`However, the 3GPP standards body (the industry group responsible for
`
`developing cellular standards) was already discussing proposed improvements to
`
`the TDD allocation schemes. Specifically, prior to the ’361 Patent, one of the
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`suggested changes was to modify the TDD resource allocation scheme to use
`
`“flexible” or “dynamic” subframes to account for changing traffic needs in the
`
`network. These flexible or dynamic subframes allowed the network to adapt to
`
`changing traffic patterns and improved prior art systems where the TDD subframe
`
`direction was fixed. These proposed changes were part of a feature referred to as
`
`an Enhanced Interference Mitigation & Traffic Adaptation (eIMTA), which is the
`
`subject of the prior art references Gaal and Khoryaev.
`
`Like the claims of the ’361 Patent, Gaal and Khoryaev identify that flexible
`
`subframes are subject to interference and propose a strategy to schedule flexible
`
`subframes to account for traffic needs (e.g., heavy downlink traffic) in the network.
`
`Gaal renders obvious the claims of the ’361 Patent because it discloses the
`
`same solution (flexible or shared resources) for a TDD allocation scheme in LTE.
`
`Alternatively, Gaal in combination with Khoryaev discloses the same.
`
`II.
`
`STANDING
`
`Petitioners certify that the ’361 Patent is available for IPR and that Petitioners
`
`are not barred or estopped from presenting the grounds identified in this Petition.
`
`III.
`
`IDENTIFICATION OF CHALLENGE AND RELIEF REQUESTED
`
`Petitioners request cancellation of claims 10-13, 15 and 17 (“Challenged
`
`Claims”) on the following grounds:
`
`Ground
`
`Reference(s)
`
`Basis
`
`Claims
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`Petition for Inter Partes Review
`U.S. Patent No. 10,368,361
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`1
`
`2
`
`Gaal
`
`§103
`
`10-13, 15, 17
`
`Gaal, Khoryaev
`
`§103
`
`10-13, 15, 17
`
`
`
`As stated on the face of the patent, the earliest priority date of the ’361 Patent is
`
`August 1, 2014. The relied upon reference is prior art to this patent for the reasons
`
`stated below.
`
`
`
`Gaal (Ex. 1004): U.S. Patent Application Publication No. 2014/0341051A1
`
`to Gaal (“Gaal”) is titled “Channel State Information (CSI) Measurement and
`
`Reporting for Enhanced Interference Management for Traffic Adaptation (EIMTA)
`
`in LTE.” Gaal was published on November 20, 2014, based on an application filed
`
`on May 13, 2014. Ex. 1004, Cover. Gaal is therefore prior art under at least 35 U.S.C.
`
`§ 102(a) (AIA).
`
`Khoryaev (Ex. 1018): U.S. Pat. No. 9,185,620 to Khoryaev (“Khoryaev”) is
`
`titled “Adaptive UL-DL Configurations in a TDD Heterogeneous Network.”
`
`Khoryaev was published Nov. 10, 2015, based on an application filed on Nov. 29,
`
`2012. Ex. 1018, Cover. Khoryaev is therefore prior art under at least 35 U.S.C. §
`
`102(a) (AIA).
`
`IV. LEVEL OF ORDINARY SKILL IN THE ART
`
`A POSITA at the time of the alleged invention of the ’361 Patent would have
`
`had at least a bachelor’s degree in electrical engineering, computer engineering,
`
`computer science, physics, or the equivalent, and at least two years of experience
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`working in the field. Ex. 1003, ¶42. Relevant working experience would include
`
`experience with telecommunications and networking, radio-access networking,
`
`and/or service provisioning in wireless networks. Id. More education can supplement
`
`practical experience and vice versa. Id.
`
`V. BACKGROUND
`
`A.
`
`Frame Structure of Time-Frequency Resources
`
`A wireless network includes base stations (BS) that communicate with user
`
`equipment (UE). Ex. 1003, ¶53. A downlink transmission is a transmission from the
`
`BS to the UE, and an uplink transmission is a transmission from the UE to the BS.
`
`The LTE standard is a 4th Generation (4G) wireless standard. In LTE, the
`
`resources used to communicate are time-frequency resources. In LTE, these time-
`
`frequency resources are organized into radio frames. The structure of an LTE radio
`
`frame is below. Ex. 1005 at 445; Ex. 1003, ¶57.
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`Ex. 1005, Fig. 9.31 (annotated); Ex. 1003, ¶57.
`
`Petition for Inter Partes Review
`U.S. Patent No. 10,368,361
`
`
`
`
`
`The radio frame (outlined above in blue) is a 10ms time-frequency resource.
`
`The time domain is represented in the x-direction, and the frequency domain is
`
`represented in the y-direction. Ex. 1003, ¶¶58-59. The radio frame can be divided
`
`into ten 1 ms subframes (outlined in green). Id., ¶60. Each subframe is divided into
`
`0.5 ms slots (outlined in orange). Id., ¶61. For each slot, there are n resource blocks
`
`(RB) (outlined in dark red), which are the smallest units of resources that can be
`
`allocated to a user. Id., ¶62. A resource block may be, for example, 180 kHz wide in
`
`frequency and 1 slot long in time. Id. In frequency, resource blocks are further
`
`divided into subcarriers (shown in yellow highlighting). Id., ¶63.
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`By defining radio frames to have these smaller units of time-frequency
`
`resources, LTE provides multiple ways of controlling how communications between
`
`Petition for Inter Partes Review
`U.S. Patent No. 10,368,361
`
`BS and UE occur.
`
`B. Resource Allocation in TDD and Interference Concerns
`
`The time-frequency resources described above can be allocated to users using
`
`resource allocation schemes known in the art. Ex. 1003, ¶64. Time Division Duplex
`
`(TDD) was one well-known resource allocation scheme that was used in LTE. Id.
`
`TDD separates uplink and downlink transmissions in the time domain but uses
`
`the same frequency range. Id., ¶66. The annotated figure below illustrates an
`
`example of a TDD resource allocation scheme. The subframes in yellow could be
`
`allocated to uplink transmissions while the subframes in blue could be allocated to
`
`downlink transmissions. Id., ¶70.
`
`Ex. 1005, Fig. 9.31 (annotated) (partial); Ex. 1003, ¶70.
`
`
`
`
`
`Prior to the ’361 Patent, the LTE standard defined seven possible uplink-
`
`downlink (UL-DL) subframe configurations for TDD. In the table below, the “D” is
`
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`downlink, the “U” is uplink, and the “S” is special, which is a frame that can be (but
`
`does not have to be) divided by slot between uplink and downlink. Id., ¶71.
`
`Petition for Inter Partes Review
`U.S. Patent No. 10,368,361
`
`Ex. 1008 at 12.
`
`
`
`
`
`A known problem prior to the ’361 Patent for TDD resource allocation
`
`schemes was the possibility of inter-cell and intra-cell interference. Ex. 1003, ¶72.
`
`Interference may occur due to collisions between uplink and downlink transmissions
`
`on the same frequency, or interference may occur between neighboring cells using
`
`the same frequency for transmissions. Id., ¶73.
`
`For example, in the figure below, Petitioner’s expert shows how a BS on the
`
`left operating in configuration 0 and a BS on the right operating in configuration 1
`
`would create interference in subframes (SF) numbered SF4 and SF9 for a UE that
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`was camped between them. Id., ¶78. In particular, SF4 and SF9 for the BS on the
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`left are configured for uplink transmissions, but SF4 and SF9 for the BS on the right
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`are configured for downlink transmission. Id. The simultaneous uplink and downlink
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`transmissions would cause interference in SF4 and SF9 for a UE camped between
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`these two BSs. Id.
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`For this reason, a POSITA would have known that network operators
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`generally used the same TDD configuration for adjacent BSs to avoid inter-cell
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`uplink/downlink interference. Id., ¶76.
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`C.
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`Interference Measurements
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`Prior to the ’361 Patent, a POSITA would have been aware of techniques to
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`measure inter-cell or other cell interference. Ex. 1003, ¶79. One such technique uses
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`channel state information (CSI) reference signals (CSI-RS). Id., ¶80. CSI-RS are
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`known reference signals sent by the BS that the UE measures to assess the state of
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`the channel. Id. The UE sends CSI information in measurement reports back to the
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`BS, which can adjust its signal accordingly. Id., ¶81.
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`One CSI metric that is fed back to the BS is called channel quality indicator
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`(CQI). Ex. 1009 at 58; Ex. 1005 at 664; Ex. 1003, ¶¶81-83. The CQI is a simplified
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`quantization of the measure of signal-to-interference-plus-noise ratio (SINR), which
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`is a measurement that will be lower in the presence of interference. Ex. 1003, ¶83.
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`The possible CQI values were defined by the LTE standard, with each value
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`representing a different signal quality for supporting certain modulation and coding
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`schemes which result in higher or lower efficiency of each measured subframe. Ex.
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`1009; Ex. 1003, ¶84. The following image is a table with the CQI index setting forth
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`the values:
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`Ex. 1009, Table 7.2.3-1
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`A POSITA would have known that CSI reports include CQI. Ex. 1003, ¶81.
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`For example, the prior art standards explicitly state that CSI “consists of ‘Channel
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`Quality Indicator (CQI), precoding matrix (PMI), precoding type indicator (PTI),
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`and/or rank indication (RI).’” Ex. 1009 at 58; Ex. 1003, ¶81; see also Ex. 1009 at 69
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`(“A UE is semi-statically configured by higher layers to periodically feed back
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`different CSI components (CQI, PMI, PTI, and/or RI)[.]”).
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`Indeed, CQI as a component of CSI feedback is a textbook principle that pre-
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`dates the ’361 Patent. See, e.g., Ex. 1012 at 352 (explaining CSI as “includ[ing]
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`Channel Quality Indicators (CQIs) as well as the MIMO-related feedback consisting
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`of RIs and PMIs.”). Ex. 1003, ¶82.
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`D. Dynamic Frame Configurations and 3GPP’s eIMTA Functionality
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`Prior to the ’361 Patent, the 3GPP standards body discussed how resource
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`allocation schemes could be designed to efficiently allocate resources under
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`changing traffic conditions. Ex. 1003, ¶87.
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`Of relevance to the discussion of Gaal and Khoryaev below, the concept of
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`“dynamic” or “flexible” subframes had been
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`introduced. When using
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`dynamic/flexible subframes, the network could change the uplink/downlink
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`direction of certain subframes for short bursts to account for interference or traffic
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`demand. Ex. 1003, ¶88; Ex. 1004, ¶¶[0069], [0075]. Table 5 below is from a
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`contribution proposed by Panasonic to the standards body developing LTE:
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`Ex. 1011 at 3.
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`This table mirrors the TDD configurations table shown in Section VII.C with
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`one change. In this table, a subset of the subframes were designated with an “F” to
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`indicate that those subframes were “flexible” or “dynamic.” Ex. 1003, ¶90.
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`Accordingly, the above TDD configurations could allow “flexibility for the
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`adaptation of the traffic.” Ex. 1011 at 3; Ex. 1003, ¶90.
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`As part of this discussion on “dynamic” subframes, the eIMTA feature was
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`proposed as a strategy to mitigate scheduling interference that would arise from
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`dynamic subframes. Ex. 1010 at 87; Ex. 1006; Ex. 1007; Ex. 1003, ¶91. eIMTA
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`allows dynamic reconfiguration of UL-DL time slots based on interference
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`mitigation and traffic adaptation considerations. Ex. 1003, ¶91.
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`It was also known that interference considerations could be used to determine
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`whether to configure and use a flexible subframe or a regular/fixed subframe. Ex.
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`1003, ¶¶130-32. In particular, prior art references taught first determining whether
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`particular subframes will be affected by interference and then adapting the
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`subframes to be fixed or flexible to mitigate this interference. Id. For example,
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`Khoryaev discloses that UL-DL interference can occur between cells and teaches
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`adaptive, synchronized UL-DL configurations in the cells to resolve or mitigate
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`interference. Ex. 1018, 5:16-43. One example disclosed in Khoryaev is reducing the
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`set of possible UL-DL configurations available for a first cell based on the UL-DL
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`configuration of a neighboring cell that may interfere with the first cell. Ex. 1018,
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`Fig. 7, 9:30-33.
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`Thus, prior to the ’361 Patent, the allocation and scheduling of frequency
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`spectrum resources for uplink and downlink transmission based on channel
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`condition and traffic needs—the subject of the challenged claims—was known.
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`VI. THE ’361 PATENT
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`A. Overview
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`The ’361 Patent is titled “Adaptive Communication Resource Allocation in a
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`Wireless Network” and describes TDD resource allocation schemes. Figure 2B
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`illustrates frequency spectrum resource allocation employing TDD. Ex. 1003, ¶94;
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`Ex. 1001, 5:11-14.
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`Ex. 1001, Fig. 2B (annotated); Ex. 1003, ¶94
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`The ’361 Patent purports to address a challenge of “efficient use of available
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`wireless communication spectrum.” Ex. 1001, 1:19-24, 32-34; Ex. 1003, ¶96. In
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`particular, the ’361 Patent acknowledges existing “communication scheme[]
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`commonly used” TDD, but TDD “may typically be unable to employ all available
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`frequency spectrum resources when uplink and downlink traffic is constantly
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`changing.” Ex. 1001, 3:23-38; Ex. 1003, ¶96. The ’361 Patent notes the limited
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`number of options for TDD (seven configurations) and attempts a different solution.
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`Ex. 1003, ¶96.
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`The ’361 Patent discloses a specific process illustrated in part by Figure 4:
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`Ex. 1001, FIG. 4 (annotated); Ex. 1003, ¶97
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`The process occurs in two phases. In phase one (shaded in grey), the resources
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`are measured and assigned based on their quality. Ex. 1003, ¶97. In phase two, the
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`resources are scheduled based on “allocation determinations” (e.g., traffic needs) in
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`the network. Id.
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`As described by the ’361 Patent, in phase one in steps 401 & 403, the method
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`“obtain[s] the quality status of the current uplink and downlink frequency spectrum
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`resources available (e.g., subcarriers 201-206) using quality status module 113.” Ex.
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`1001, 8:50-53; Ex. 1003, ¶100. To obtain the quality of the signal, the ’361 Patent
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`discloses “using information typically already measured by LTE and LTE-Advanced
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`wireless communication systems.” Ex. 1001, 8:53-64; 8:64-9:2 (emphasis added).
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`In steps 402 and 404, the process uses “the quality status measured” to assign
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`the resources into “pools.” Ex. 1001, 9:3-5, 10:8-28; Ex. 1003, ¶101. The first pool
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`(identified in step 402) is called the “shared resource pool,” which is where the first
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`frequency resource is assigned. Ex. 1001, 11:28-32; Ex. 1003, ¶101. This shared
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`pool contains resources that are measured to