throbber

`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`ERICSSON INC.
`NOKIA OF AMERICA CORPORATION
`Petitioners,
`
`v.
`
`XR COMMUNICATIONS LLC
`Patent Owner.
`____________
`
`U.S. PATENT NO. 10,715,235
`Title: DIRECTED WIRELESS COMMUNICATION
`_____________________
`
`Inter Partes Review No.: IPR2024-00613
`_____________________
`
`PETITION FOR INTER PARTES REVIEW OF U.S. PAT. NO. 10,715,235
`
`
`
`
`
`
`
`
`Mail Stop “PATENT BOARD”
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`

`

`
`
`TABLE OF CONTENTS
`
`Page
`I. 
`INTRODUCTION ........................................................................................... 1 
`OVERVIEW .................................................................................................... 1 
`II. 
`III.  GROUNDS FOR STANDING (37 C.F.R. §42.104(A)) ................................. 4 
`IV.  REASONS FOR THE REQUESTED RELIEF .............................................. 4 
`V. 
`BACKGROUND ............................................................................................. 4 
`A. 
`Previous IPR Proceedings ..................................................................... 4 
`B. 
`Prosecution History ............................................................................... 6 
`C. 
`Claim Construction ............................................................................... 6 
`D. 
`Person of Ordinary Skill in the Art (“POSITA”) .................................. 6 
`E. 
`Using A Butler Matrix To Receive Information From Multiple
`Antenna Array Elements Simultaneously Has Been Well-
`Known Since 1960. ............................................................................... 7 
`Based on the Intrinsic Record, PO Is Estopped from Arguing
`that a Butler Matrix Does Not Satisfy the Elements Related to
`“Receiving … Simultaneously” and “Different Signal
`Informations.” ...................................................................................... 19 
`1. 
`The Prosecution History Shows That The Butler Matrix
`Discloses These Elements. ........................................................ 20 
`a. 
`The Butler Matrix Operation Is the Only Alleged
`Distinction over Crilly. ................................................... 20 
`To Overcome Crilly, the Applicant Cited To the
`Butler Matrix Operation in Littlejoe. .............................. 23 
`PO affirmed The applicant’s arguments that A Butler Matrix
`Meets The Simultaneously Receiving Elements. ..................... 25 
`The ‘235 Specification Includes a butler matrix and Does Not
`
`F. 
`
`b. 
`
`2. 
`
`3. 
`
`ii
`
`

`

`
`
`VI. 
`
`VII. 
`
`Explicitly Teach The “Simultaneously” elements. ................... 27 
`IDENTIFICATION OF CHALLENGES ...................................................... 29 
`A. 
`Challenged Claims .............................................................................. 29 
`B. 
`Statutory Ground for Challenges......................................................... 29 
`IDENTIFICATION OF HOW THE CHALLENGED CLAIMS ARE
`UNPATENTABLE ........................................................................................ 30 
`A.  Ground 1: The Challenged Claims are unpatentable over Agee
`alone or in combination with Butler. ................................................... 30 
`1. 
`Overview of Agee ..................................................................... 31 
`2. 
`Overview of Butler.................................................................... 34 
`3. 
`Detailed Application of Agee alone or in combination with
`Butler ......................................................................................... 35 
`a. 
`Claim 1 ............................................................................ 35 
`[1.0] A receiver for use in a wireless
`communications system, the receiver
`comprising: an antenna, wherein the antenna
`comprises a first antenna element and a
`second antenna element; ....................................... 35 
`[1.1] a transceiver operatively coupled to the
`antenna and configured to transmit and
`receive electromagnetic signals using the
`antenna; ................................................................ 37 
`[1.2] a processor operatively coupled to the
`transceiver, the processor configured to: ............. 39 
`[1.3] receive a first signal transmission from a
`remote station via the first antenna element
`and a second signal transmission from the
`remote station via the second antenna
`element simultaneously; ....................................... 43 
`
`iii
`
`

`

`
`
`(a)  Agee’s Butler Matrix Teaches
`Simultaneously Receiving Signal
`Transmissions In The Same Way As
`PO Argued That The ‘235 Patent And
`Priority Document Teach It. ...................... 44 
`(b)  Agee’s Other Teachings Of The
`Simultaneous Receiving Element. ............. 49 
`(c)  Agee’s BS Antennas Receive
`Multiple OFDM Tones
`Simultaneously ........................................... 54 
`[1.4] determine first signal information for the first
`signal transmission; .............................................. 61 
`[1.5] determine second signal information for the
`second signal transmission, wherein the
`second signal information is different than
`the first signal information; .................................. 61 
`[1.6] determine a set of weighting values based on
`the first signal information and the second
`signal information; ............................................... 64 
`[1.7] wherein the set of weighting values is
`configured to be used by the transceiver to
`construct one or more beam-formed
`transmission signals; ............................................ 69 
`[1.8] cause the transceiver to transmit a third
`signal to the remote station via the antenna,
`the third signal comprising content based on
`the set of weighting values. .................................. 71 
`Claim 2 ............................................................................ 72 
`[2] 
`The receiver as recited in claim 1, wherein
`the first signal transmission and the second
`signal transmission comprise
`electromagnetic signals comprising one or
`more transmission peaks and one or more
`
`iv
`
`b. 
`
`

`

`
`
`c. 
`
`d. 
`
`e. 
`
`f. 
`
`transmission nulls. ................................................ 72 
`Claim 3 ............................................................................ 74 
`[3] 
`The receiver as recited in claim 2, wherein
`the first signal transmission and the second
`signal transmission are directional
`transmissions. ....................................................... 74 
`Claim 4 ............................................................................ 74 
`[4] 
`The receiver as recited in claim 1, wherein
`the content comprises data configured to be
`used by the remote station to modify the
`placement of one or more transmission
`peaks and one or more transmission nulls in
`a subsequent signal transmission. ........................ 74 
`Claim 5 ............................................................................ 75 
`[5] 
`The receiver as recited in claim 4, wherein
`the set of weighting values is further based
`on one or more of: a transmit power level, a
`data transmit rate, an antenna direction,
`quality of service data, or timing data. ................. 75 
`Claim 8 ............................................................................ 76 
`[8] 
`8. A method in a wireless communications
`system, the method comprising. ........................... 76 
`[8.1] receiving a first signal transmission from a
`remote station via a first antenna element of
`an antenna and a second signal transmission
`from the remote station via a second antenna
`element of the antenna simultaneously,
`wherein the first signal transmission and the
`second signal transmission comprise
`electromagnetic signals comprising one or
`more transmission peaks and one or more
`transmission nulls; ................................................ 76 
`
`v
`
`

`

`
`
`[8.2] determining first signal information for the
`first signal transmission; ....................................... 76 
`[8.3] determining second signal information for
`the second signal transmission, wherein the
`second signal information is different than
`the first signal information; .................................. 76 
`[8.4] determining a set of weighting values based
`on the first signal information and the
`second signal information, wherein the set
`of weighting values is configured to be used
`by the remote station to construct one or
`more beam-formed transmission signals;
`and; ....................................................................... 76 
`[8.5] transmitting to the remote station a third
`signal comprising content based on the set
`of weighting values. ............................................. 79 
`Claim 9 ............................................................................ 79 
`[9] 
`The method as recited in claim 8, further
`comprising: transmitting the third signal to
`the remote station via the antenna. ....................... 79 
`Claim 10 .......................................................................... 80 
`Claim 11 .......................................................................... 80 
`Claim 12 .......................................................................... 80 
`Claim 15 .......................................................................... 80 
`[15]  15. An apparatus for use in a wireless
`communications system, the apparatus
`comprising: an antenna ......................................... 80 
`[15.1] a transceiver operatively coupled to the
`antenna; ................................................................ 80 
`[15.2] a processor operatively coupled to the
`transceiver, the processor configured to: ............. 80 
`
`vi
`
`g. 
`
`h. 
`i. 
`j. 
`k. 
`
`

`

`
`
`[15.3] receive a first signal transmission from a
`remote station via the antenna; ............................. 80 
`[15.4] the first signal transmission comprising first
`signal information, wherein the first signal
`information comprises one or more of: a
`transmit power level, a data transmit rate, an
`antenna direction, quality of service data, or
`timing data; ........................................................... 80 
`[15.5] receive a second signal transmission from
`the remote station via the antenna, the
`second signal transmission comprising
`second signal information; ................................... 80 
`[15.6] determine a set of weighting values based
`on the first signal information and the
`second signal information, wherein the set
`of weighting values is configured to be used
`by the transceiver to construct one or more
`beam-formed transmission signals; ...................... 81 
`[15.7] cause the transceiver to generate a third
`signal comprising content based on the set
`of weighting values. ............................................. 81 
`Claim 16 .......................................................................... 81 
`[16]  The apparatus as recited in claim 15,
`wherein the first signal transmission and the
`second signal transmission comprise
`electromagnetic signals comprising one or
`more transmission peaks and one or more
`transmission nulls. ................................................ 81 
`Claim 17 .......................................................................... 81 
`m. 
`Claim 18 .......................................................................... 84 
`n. 
`Claim 19 .......................................................................... 86 
`o. 
`VIII.  THE BOARD SHOULD NOT EXERCISE ITS DISCRETION AND
`
`l. 
`
`vii
`
`

`

`
`
`B. 
`
`DENY INSTITUTION .................................................................................. 87 
`A. 
`The Board Should Not Deny Institution Under 35 U.S.C. §
`325(d) .................................................................................................. 87 
`The Board Should Not Deny Institution Under 35 U.S.C. §
`314(a) ................................................................................................... 87 
`IX.  MANDATORY NOTICES UNDER 37 C.F.R. §42.8 .................................. 90 
`A. 
`Real Party-in-Interest (37 C.F.R. § 42.8(b)(1)) ................................... 90 
`B. 
`Related Matters (37 C.F.R. § 42.8(b)(2)) ............................................ 90 
`1. 
`Judicial Matters ......................................................................... 90 
`2. 
`Administrative Matters: ............................................................ 91 
`3. 
`Related Patents .......................................................................... 92 
`Lead/Back-up Counsel (37 C.F.R. § 42.8(b)(3)): ............................... 92 
`C. 
`D.  Notice of Service Information (37 C.F.R. § 42.8(b)(4)): .................... 93 
`CONCLUSION .............................................................................................. 93 
`X. 
`CERTIFICATION OF SERVICE ON PATENT OWNER ....................................... 1 
`
`
`
`
`
`
`viii
`
`

`

`
`
`
`
`
`
`
` Exhibit #
`1001
`1002
`
`1003
`1004
`1005
`1006
`1007
`1008
`1009
`
`1010
`
`1011
`
`1012
`1013
`1014
`1015
`
`1016
`
`1017
`
`Petitioners’ Exhibit List
`
`Description
`
`U.S. Patent No. 10,715,235 (the “‘235 Patent”)
`Select portions of prosecution history of the ‘235 Patent (“File
`History”)
`Declaration of Petitioners’ Expert Dr. Mark Mahon
`U.S. Pat. No. 7,248,841 (“Agee”)
`U.S. Pat. No. 3,255,450 (“Butler”)
`[This exhibit number intentionally omitted]
`[This exhibit number intentionally omitted]
`U.S. Pat. App. 2002/0158801 (“Crilly”)
`U.S. Provisional Application No. 60/423,660 (includes “Beamforming
`for Littlejoe” priority document at page 134)
`Preliminary Patent Owners Response, IPR2022-00367, Paper 7, 04/19,
`2022
`Patent Owner’s Sur-Reply To Petitioner’s Reply, IPR2022-00367,
`Paper 9, 6/16/2022
`Patent Owner’s Response, IPR2022-00367, Paper 14, October 20, 2022.
`[This exhibit number intentionally omitted]
`Comparison of Crilly language vs ‘235 patent language
`XR Claim Construction Brief, XR Comm'ns LLC v. Cisco Sys., No.
`6:21-cv-00623-ADA, Dkt. No. 44 (W.D. Tex. May 6, 2022)
`XR Sur-Reply Claim Construction Brief, XR Comm'ns LLC v. Cisco
`Sys., No. 6:21-cv-00623-ADA, Dkt. No. 47 (W.D. Tex. June 3, 2022)
`Claim Construction Order, XR Comm'ns LLC v. Cisco Sys., No. 6:21-
`cv-00623-ADA, Dkt. No. 56 (W.D. Tex. September 30, 2022)
`
`
`ix
`
`

`

`
`
`I.
`
`INTRODUCTION
`Pursuant to 35 U.S.C. §§ 311 et seq. and 37 C.F.R. §§ 42.1 et seq., Ericsson
`
`Inc. and Nokia of America Corporation (collectively “Petitioners”) hereby petition
`
`for an inter partes review (“IPR”) of U.S. Patent No. 10,715,235 (the “‘235
`
`Patent”). Petitioners respectfully submit that claims 1-5, 8-12, and 15-19 (the
`
`“Challenged Claims”) of the ‘235 Patent are unpatentable under 35 U.S.C. §103
`
`over the prior art herein – none of which was considered during prosecution or any
`
`previously-filed IPR petition.
`
`II. OVERVIEW
`Most of the Challenged Claims focus on “simultaneously” receiving signal
`
`transmissions via multiple antennas from a remote station; determining different
`
`“signal informations” from those transmissions; and calculating beam-forming
`
`weights from those “signal informations.” During prosecution and before this
`
`Board, PO repeatedly sought to evade prior art based on two of these claim
`
`elements.
`
`First, PO argued that the prior art did not disclose signal transmissions
`
`received “simultaneously” from the same remote station. Second, PO argued that
`
`certain prior art did not show “different signal informations” were determined, as
`
`required in elements 1.4-1.5, infra. Notably, neither the ’235 patent specification
`
`nor priority documents expressly recite these allegedly-novel concepts anywhere
`
`1
`
`

`

`
`
`and PO has never identified any excerpt or figure in the specification that expressly
`
`recites these elements. Instead, as PO has argued repeatedly to the Examiner and
`
`this Board, it is the operation of a “Butler matrix” beamformer that provides
`
`implicit written description support for these claim elements. In fact, the Butler
`
`matrix has been front and center since the initial prosecution of the ’235 Patent and
`
`citation to its operation was the distinction that allowed for patentability during
`
`prosecution. Section V.F, infra.
`
`A “Butler matrix” is a long-known concept patented in 1960 that uses
`
`signals that are received (or transmitted) simultaneously on multiple antennas to
`
`form beams. Section 0, infra. Butler’s U.S. Pat. No. 3,255,450 teaches the “Butler
`
`matrix” functionality. According to PO, “Butler matrix” connected to an antenna
`
`array implicitly discloses simultaneous reception of signal transmissions from the
`
`remote station:
`
`Document C [Littlejoe] describes that the “searcher” receivers use a
`
`“Butler matrix” with “N = 16 array elements to form N beams.” EX-
`
`1009, 137. … This design enables the searcher receiver to receive
`
`multiple signals simultaneously via the receive beams.
`
`EX-1010 at 000019, see also EX-1011 at 000007-000008.1 Referenced
`
`
`1 See also EX-1010, POPR at 000023 (“as a matter of law, the scope of the
`
`2
`
`

`

`
`
`“Document C” is a priority document for the ‘235 patent called “Beamforming for
`
`Littlejoe” (referenced herein as “Littlejoe”) (EX-1009, at 0134). Like the ‘235
`
`specification, Littlejoe shows a “Butler matrix” attached to an antenna array with
`
`its outputs used for determining beamforming weights. While Littlejoe discloses a
`
`Butler matrix, it does not explicitly recite “simultaneously” receiving transmissions
`
`from the same station.
`
`Consistent with PO’s argument, using a Butler matrix for beamforming
`
`based on signal measurements was well known; such as disclosed in the primary
`
`prior art reference herein -- U.S. Pat. No. 7,248,841 (“Agee”). Agee discloses: (1)
`
`using a Butler matrix to receiving signal transmissions on different antennas from
`
`the same remote station simultaneously; (2) using different “signal informations”
`
`from the different antennas’ receptions; and (3) calculated “weights” that are used
`
`for beamformed receptions and transmissions. There is no light between Agee’s
`
`disclosure and the Challenged Claims’ scope in view of the Butler matrix on which
`
`PO relies for written description support. Vitronics Corp. v. Conceptronic, Inc., 90
`
`F.3d 1576, 1583 (Fed. Cir. 1996) (excluding the preferred embodiment from the
`
`
`challenged element must include the disclosures in Document C [Littlejoe] cited by
`
`Applicant for this element during patent prosecution”). Also, unless otherwise
`
`noted, all emphases and annotations herein are added.
`
`3
`
`

`

`
`
`claim scope “rarely, if ever, [is] correct and would require highly persuasive
`
`evidentiary support.”). Agee teaches a Butler matrix, used for the same purpose
`
`that PO cited in prosecution and before the Board, along with all other claim
`
`limitations, and therefore, Petitioners respectfully request that the Board institute
`
`IPR and cancel the Challenged Claims. GROUNDS FOR STANDING (37 C.F.R.
`
`§ 42.104(A))
`
`III. GROUNDS FOR STANDING (37 C.F.R. §42.104(A))
`Petitioners certify that the ‘235 Patent is available for IPR and that
`
`Petitioners are not barred or estopped from requesting an IPR on the grounds
`
`identified herein. 37 C.F.R. §42.104(a).
`
`IV. REASONS FOR THE REQUESTED RELIEF
`As explained below and in the attached Declaration of Petitioners’ Expert
`
`(EX-1003), the Challenged Claim were obvious over the prior art to a person of
`
`ordinary skill in the art (“POSITA”) at the invention time.
`
`V. BACKGROUND
`A.
`Previous IPR Proceedings
`Two distinct IPRs were filed against the ‘235 patent. Neither prior IPR
`
`included the prior art or arguments made herein.
`
`In IPR2022-00367,2 PO submitted numerous arguments regarding the scope
`
`
`2 IPR2022-01398, IPR2022-01362, and IPR2022-01353 were joined with
`
`4
`
`

`

`
`
`of the disputed claim terms in its Patent Owner’s Preliminary Response (“POPR”)
`
`(EX-1010) and sur-reply to the POPR (EX-1011). Section V.F, infra.
`
`Substantively, PO argued primarily that the prior art did not disclose receiving two
`
`signals “simultaneously.” Patent Owner’s Response, 14-33; Patent Owner’s Sur-
`
`Reply, 2-15. Following institution, further briefing and an oral argument, PO
`
`settled with petitioners and IPR2022-00367 was dismissed.
`
`The Board declined to institute IPR2022-01155. There, the Board accepted
`
`PO’s arguments that the prior art in IPR2022-01155 did not disclose
`
`simultaneously receiving two signal transmissions. IPR2022-01155, Institution
`
`Decision, 27-32. Importantly, the Board was not presented with, and did not
`
`analyze, the following compelling arguments made herein:
`
` the known Butler matrix operation discloses the “simultaneously”
`
`receiving elements;
`
` PO extensively relied upon this known Butler matrix operation during
`
`prosecution and in IPR2022-00367 to disclose the “simultaneously”
`
`receiving elements;
`
` the Applicant argued that the Butler matrix operation was the feature
`
`allowing the Applicant to predate the largely verbatim prior art cited
`
`
`IPR2022-00367.
`
`5
`
`

`

`
`
`by the Examiner for all elements except the “simultaneously”
`
`elements; and
`
` different “signal informations” can include “signal strengths” on
`
`different antennas; not just the content of signals argued in IPR2022-
`
`01155; and
`
` Agee’s OFDM tones simultaneously are received by each antenna
`
`element.
`
`B.
`Prosecution History
`The ‘235 Patent issued from U.S. Pat. App. No. 15/495,539 filed April 24,
`
`2017 claiming priority through continuation applications to U.S. Provisional Pat.
`
`App. No.60/423,660 filed on November 2, 2002. Section V.F details the relevant
`
`prosecution history exchanges.
`
`C. Claim Construction
`For this Petition’s purposes, Petitioners propose that each claim term be
`
`given its plain and ordinary meaning. The prior art herein meets each claim
`
`limitation under any reasonable construction.
`
`D.
`Person of Ordinary Skill in the Art (“POSITA”)
`A POSITA in November 2002 would have been familiar with wireless
`
`communications networks, including the design of beamforming using multiple
`
`antennas. A POSITA would have at least a Bachelor’s degree in Electrical
`
`6
`
`

`

`
`
`Engineering or equivalent, and at least two years of work experience. A more
`
`advanced degree can substitute for some work experience. EX-1003, ¶¶37-39.
`
`E. Using A Butler Matrix To Receive Information From Multiple
`Antenna Array Elements Simultaneously Has Been Well-Known
`Since 1960.
`By 2002 (when the ‘235 inventors used this old technology in Littlejoe), the
`
`Butler matrix was well known and referenced in hundreds of patents throughout
`
`the world. EX-1003, ¶¶284-291. Figures 3 and 4 of Butler’s patent (EX-1005)
`
`show the Butler matrix. “FIGURE 4 shows the relative orientation of the eight
`
`beam patterns for the circuit of FIGURE 3.” EX-1005, 2:13-14.
`
`
`
`.
`
`EX-1005, Fig. 4. “FIGURE 3 … show[s] schematically the feed structure for an
`
`eight element array with eight independent feed terminals and designed to produce
`
`eight patterns.” EX-1005, 3:16-20. Circuitry connects the two sets of
`
`7
`
`

`

`
`
`input/outputs. The top “antenna ports” in Fig. 3 connect to a set of antennas (“a”-
`
`”h”). E.g., EX-1005, 3:28-29.
`
`
`
`At the bottom are “feed terminals” that correspond to the beams (1L, 1R, 2L, 2R,
`
`3L, 3R, 4L, 4R) transmitted (or received) by the antennas based on the signals of
`
`the antennas connected to those “feed terminals” through the circuitry. The feed
`
`terminals can be referenced as:
`
`(a) “combiner” feeds for reception because they output the “combined”
`
`signals from multiple antennas being received and aggregated to form
`
`each reception beam; or
`
`(b) “distributer” feeds for transmissions because the signals applied to these
`
`8
`
`

`

`
`
`terminals are distributed to various antennas to form a transmission
`
`beam.
`
`E.g., EX-1005, 3:70-73 (“Connections a3 and h3 form the input connections for
`
`energy sources to produce the various beam patterns … in FIGURE 3.”).
`
`The circuitry between the antenna ports at the top and the “feeds” at the
`
`bottom is configured such that the different collection of signals to / from one or
`
`more antennas forms each beam. This circuitry includes dividers (which divide the
`
`signals) and phase shifters (which shift the phase of signals). EX-1005, 3:28-73.
`
`EX-1003, ¶¶321-329.
`
`The beams can be formed for transmission or reception. In one Butler
`
`embodiment, the same Butler matrix is used both to receive signals using the
`
`beams and then re-transmit those same signals back along the original beam. E.g.
`
`EX-1005, 4:16-37, Fig. 6.
`
`The antennas receive “signal transmissions” in the form of continuous radio
`
`waves, as exemplified in the sine wave below which represents using a single
`
`frequency.
`
`9
`
`

`

`
`
`
`
`The relative amplitude of the signal wave is the “signal strength” which, as shown
`
`in this diagram, can be represented as going from -1 at the bottom to 1 at the top.
`
`The wave’s amplitude (i.e., signal strength) varies depending on the “phase” of the
`
`wave; in this example, the amplitude is 0 at a phase angle 0 degrees, and is 1 at
`
`phase angle 90 degrees. EX-1003, ¶¶330-335.
`
`While the received signal’s amplitude and signal strength vary over time, the
`
`signal wave is continuous and is “sampled” by the receiver(s) at particular times;
`
`rather than being discrete and limited to one point in time.
`
`Furthermore, because the wave is traveling spatially from the transmitter to
`
`an antenna, it has a “phase front” (similar to a weather front moving
`
`geographically) associated with directionality and which determines the signal’s
`
`“path.” Accordingly, circuitry sampling the signal (wave) at each antenna element
`
`of an antenna array at the same time will detect different “amplitudes” (or signal
`
`10
`
`

`

`
`
`strengths) depending upon the angle of arrival of the signal’s phase front with
`
`respect to the relative orientation of the antenna elements in the array. EX-1003,
`
`¶¶335-336.
`
`To illustrate this point, two antenna elements are depicted below and the
`
`wave is sampled simultaneously. Because of the physical separation of the
`
`antennas, each sample reflects a different “phase” (i.e., at a different location
`
`which translate directly into a different phase value for the propagating wave), and
`
`the circuitry, which samples the wave received at each antenna, detects and
`
`measures a different signal strength (amplitude) for the same received signal.
`
`
`
`
`
`11
`
`

`

`
`
`In other words, at a given sampling instance, the wave is in the process of
`
`propagating across the antenna array and antenna A detects the signal when it is at
`
`phase 45 degrees and detects a signal strength of around 0.7. Antenna B is
`
`physically located such that (sampling at the same time as Antenna A) it detects
`
`the same signal at phase 270 degrees and will measure a received signal strength of
`
`-1.0. EX-1003, ¶337.
`
`The Butler matrix purposefully uses these different phases detected
`
`simultaneously by the antennas. The Butler matrix has “phase shifters” that
`
`account for the physical separation of the antennas (based on a fixed mathematical
`
`relationship between phase, frequency and distance for a propagating). These
`
`phase shifters (and later combiners) generate the beams:
`
`Through suitable wavelength spacing of the antennas from each
`
`other and phasing of the signal paths, the directional patterns can be
`
`varied as desired. The phase shifters 25 may preferably be an extra
`
`length of transmission line to cause signals therethrough to lag those
`
`signals going through the parallel paths.
`
`EX-1005, 35-37.
`
`The amount of phase shifting of the signals depends upon the desired
`
`direction of the beam to be received or transmitted. This system is
`
`equally adaptable to reception as well as transmission of signals.
`
`12
`
`

`

`
`
`EX-1005, 17-20.
`
`For a transmit beam, the use of the phase shifters and simultaneous
`
`transmission from the antennas facilitate the purpose of a Butler matrix, which is to
`
`create beams using antennas that are physically spaced apart. For a “receive”
`
`beam, the inverse is true: the simultaneously received signals on multiple antennas
`
`are shifted and combined to form receive “beams” on the feed outputs. In doing
`
`so, the Butler matrix takes advantage of the signal wave being at different phases
`
`when measured simultaneously at the differently located antennas. EX-1003,
`
`¶¶338-340.
`
`The Butler matrix can use this same approach and provide more specific
`
`results when more antenna elements receive the signal wave to be sampled. As
`
`shown below the signal wave is simultaneously detected on each of the Butler
`
`matrix antennas “a” through “h” as shown in Figure 3:
`
`13
`
`

`

`
`
`
`
`Each antenna receives simultaneously its own signal strength (amplitude) which in
`
`the example above, is different (from other antennas). These measurements are
`
`passed into the circuitry of shifters and dividers / combiners. EX-1003, ¶¶341-342.
`
`
`
`The following annotated figures from EX-1005 show using the Butler matrix
`
`for beamforming based on its processing of simultaneously received signals. In
`
`this example, there is a “transmitter device” in the direction of beam 4R that
`
`transmits a signal transmission on wave “X.”
`
`
`
`14
`
`

`

`
`
`Each antenna receives that transmission at different phases, which are detected
`
`through sampling, each representing different informations associated with signal
`
`strengths, which the Butler matrix circuitry processes as shown below:
`
`
`
`
`
`
`
`15
`
`

`

`
`
`Because the “transmitter device” is located in the direction of beam “4R”, the
`
`Butler circuitry processing results in a strong combined signal being output at the
`
`“4R” feed terminal at the bottom. The other feed terminals output progressively
`
`weaker signals as the formed beams move away from the transmitter’s location.
`
`Thus, beam “4L” will have the smallest reported combined signal strength
`
`(possibly 0) because the beam resulting from the circuitry associated with the 4L
`
`feed is “pointed” that beam away from the transmitter device. EX-1003, ¶¶343-
`
`345.
`
`Note that, the signal measurements for each antenna [a(x), b(x) … h(x)] are
`
`different (i.e., different portions of the continuous wave) with different signal
`
`informations (phase and amplitudes) because the wave is being measured at
`
`different points.3
`
`The different signals (measured at different phases and amplitudes) allow
`
`the Butler matrix to “form” the beam. The Butler matrix circuitry is taking the
`
`signal measurements of multiple antennas and combining those measurements in a
`
`manner such that the aggregated measurements are either increased or decreased
`
`based on the “direction” of the beam in comparison to the direction of the
`
`
`3 In addition to phase difference, the signal strengths differ due to different
`
`distances from the antenna. EX-1003, ¶¶346-347.
`
`16
`
`

`

`
`
`transmitter – as reflected in the different phase / amplitude measurements. The
`
`point of the Butler matrix is to receive, and use, the different signals being received
`
`on different antennas simultaneously. EX-1003, ¶¶348-349. If the measured
`
`signals were the same, it would be effectively the same as using only a single
`
`antenna – which would not allow for beamforming through leveraging the
`
`information implicitly contained in the different phases and amplitude.
`
`The beamforming criteria determined by the Butler matrix circuitry in
`
`response to the simultaneous receipt of signal informations then is used to
`
`determine the orientation of beams. As a signal to be transmitted is applied on the
`
`feed(s) corresponding to the desired beam(s) (see bottom of Butler Fig. 3), the
`
`circuity then divides, shifts and distributes the signal and weights to the antennas
`
`used to form desire beam(s). EX-1003, ¶350.
`
`Littlejoe explains the Butler matrix consistently with the above, but using a
`
`different diagram to represent the wave with the transmitter in the upper right and
`
`the signal wave arriving from the upper right.
`
`17
`
`

`

`
`
`
`
`E

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