Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 1 of 49 PageID #: 12391
`Case 5:19-cv-00036—RWS Document 348-9 Filed 06/18/20 Page 1 of 49 PageID #: 12391
`
`EXHIBIT 26
`
`EXHIBIT 26
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 2 of 49 PageID #: 12392
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`Invalidity of U.S. Patent No. 6,408,193
`by
`U.S. Patent No. 5,548,616 to Mucke, et al. (“Mucke”)
`
`
`The excerpts cited herein are exemplary. For any claim limitation, Defendant may rely on excerpts cited for any other limitation and/or
`additional excerpts not set forth fully herein to the extent necessary to provide a more comprehensive explanation for a reference’s
`disclosure of a limitation. Where an excerpt refers to or discusses a figure or figure items, that figure and any additional descriptions
`of that figure should be understood to be incorporated by reference as if set forth fully therein.
`
`Except where specifically noted otherwise, this chart applies the apparent constructions of claim terms as used by Plaintiff in its
`infringement contentions; such use, however, does not imply that Defendant adopts or agrees with Plaintiff’s constructions in any way.
`
`U.S. Patent No. 6,408,193 (“the ’193 Patent”) claims priority to Japanese Application No. 10-318689, filed November 10, 1998. For
`purposes of these invalidity contentions, Defendant applies the November 10, 1998, priority date for the ’193 Patent. However,
`Defendant reserves the right to contest Plaintiff’s reliance on the November 10, 1998, priority date, should the priority date become an
`issue in this proceeding.
`
`Mucke was filed on September 9, 1994 and issued on August 20, 1996. As such, Mucke qualifies as prior art with regard to the ’193
`Patent under 35 U.S.C. §§ 102(a), 102(b), and 102(e) (pre-AIA). Using Plaintiff’s interpretation of the claims, Mucke anticipates claims
`1, 6, and 7 under 35 U.S.C. §§ 102(a), 102(b), and 102(e).
`
`Alternatively, Mucke renders obvious claims 1, 6, and 7 under 35 U.S.C. § 103(a) in view of the knowledge of a person having ordinary
`skill in the art.
`
`Alternatively Mucke in view of Japanese Unexamined Patent Application Publication JP H10-0285059 to Nakayama (“Nakayama”)
`renders obvious claims 1, 6, and 7 under 35 U.S.C. § 103(a). Nakayama was published on October 23, 1998. As such, Nakayama
`qualifies as prior art with regard to the ’193 Patent under at least 35 U.S.C. § 102(a) (pre-AIA).
`
`Alternatively Mucke in view of U.S. Patent No. 6,118,988 to Choi renders obvious claims 1, 6, and 7 under 35 U.S.C. § 103(a). Choi
`was filed on July 31, 1998. As such, Choi qualifies as prior art with regard to the ’193 Patent under at least 35 U.S.C. § 102(e) (pre-
`AIA).
`
`
`
`
`
`1
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 3 of 49 PageID #: 12393
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`Mucke
`
`To the extent the preamble is limiting, Mucke teaches this limitation. In particular, Mucke’s invention
`relates to “radiotelephones that are compatible with a code division, multiple access (CDMA)
`protocol.” Mucke at 1:9-11. Such radiotelephones are “cellular telephones”:
`
`
`In the preferred embodiment of this invention the spread spectrum radiotelephone 10 operates in
`accordance with the TIA/EIA Interim Standard, Mobile Station-Base Station Compatibility
`Standard for Dual-Mode Wideband Spread Spectrum Cellular System, TIA/EIA/IS-95 (Jul. 1993).
`Id. at 4:19-24.
`Mucke teaches that radiotelephone 10 includes an antenna 12:
`
`
`The radiotelephone 10 includes an antenna 12 for receiving RF signals from a cell site, hereafter
`referred to as a base station (not shown), and for transmitting RF signals to the base station.
`Mucke at 4:27-30; see also FIG. 1 (schematically depicting antenna 12):
`
`
`U.S. Patent No.
`6,408,193
`Claim 1
`[1(pre)] A cellular
`telephone adapted to be
`used in a CDMA system,
`comprising:
`
`[1(a)] an antenna for
`receiving a first
`communication signal and
`a transmitting power
`control signal from a cell-
`site station and
`transmitting a second
`communication signal to
`the cell-site station,
`
`
`
`2
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 4 of 49 PageID #: 12394
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`
`
`
`Antenna 12 receives signals sent by the base station, including both “speech” (communication signal)
`and “signaling” information:
`
`
`The radiotelephone 10 includes an antenna 12 for receiving RF signals from a cell site, hereafter
`referred to as a base station (not shown), and for transmitting RF signals to the base station. When
`operating in the digital (spread spectrum or CDMA) mode the RF signals are phase modulated to
`convey speech and signalling information.
`Id. at 30-32.
`
`This “signaling information” includes transmit power control information in the form of “transmitter
`power control bits”:
`The received RF signals are converted to base band in the receiver and are applied to a phase
`demodulator 26 which derives in-phase (I) and quadrature (Q) signals from the received signal.
`
`3
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 5 of 49 PageID #: 12395
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`The I and Q signals are converted to digital representations by suitable A/D converters and applied
`to a three finger (F1-F3) demodulator 30, each of which includes a local PN generator. The output
`of the demodulator 28 is applied to a combiner 30 which outputs a signal, via a deinterleaver and
`decoder 32, to the controller 20. The digital signal input to the controller 20 is expressive of speech
`samples or signalling information. The further processing of this signal by the controller 20 is not
`germane to an understanding of this invention and is not further described, except to note that the
`signalling information will include transmitter power control bits that are sent from the base station
`as a continuous stream to the radiotelephone 10.
`Id. at 4:45-61.
`
`Antenna 12 also transmits signals to the base station:
`The radiotelephone 10 includes an antenna 12 for receiving RF signals from a cell site, hereafter
`referred to as a base station (not shown), and for transmitting RF signals to the base station.
`Id. at 4:27-30.
`Mucke teaches that the receiver 14 and the transmitter 16 are both coupled through antenna 12, and are
`therefore necessarily duplexed:
`
`
`[1(b)] a duplexer
`connected to said antenna,
`
`[1(c)] a receiver connected
`to said antenna through
`said duplexer for
`converting said first
`
`
`
`Coupled to the antenna 12 are a gain controlled receiver 14 and a gain controlled transmitter 16
`for receiving and for transmitting, respectively, the phase modulated RF signals.
`Mucke at 4:32-35; see also FIG. 1, supra.
`
`Additionally, Mucke teaches a CMDA telephone, which the ’193 Patent admits includes a duplexer:
`
`
`The typical standard for the CDMA cellular telephone system enacted in the U.S. is TIA IS-95
`(hereinafter IS-95). An example of a transmitter applying IS-95 is shown in FIG. 11. In this
`example, a modulated signal converted into a transmitting frequency band is supplied to a variable
`amplitude amplifier 230 and the output of the variable amplitude amplifier 230 is further amplified
`by a power amplifier means 250 and transmitted to an antenna 450 through a duplexer 400.
`’193 Patent at 1:24-32.
`Mucke teaches that the received signal is first converted to base band, then I-Q demodulated, then
`converted from analog to digital, then pseudeonoise demodulated, then combined. The resulting
`“signal” is passed to deinterleaver/decoder before being passed to the controller:
`
`
`4
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 6 of 49 PageID #: 12396
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`communication signal into
`a voice signal code, and
`
`The received RF signals are converted to base band in the receiver and are applied to a phase
`demodulator 26 which derives in-phase (I) and quadrature (Q) signals from the received signal.
`The I and Q signals are converted to digital representations by suitable A/D converters and applied
`to a three finger (F1-F3) demodulator 30, each of which includes a local PN generator. The output
`of the demodulator 28 is applied to a combiner 30 which outputs a signal, via a deinterleaver and
`decoder 32, to the controller 20.
`Mucke at 4:45-54; see also FIG. 1:
`
`
`Mucke’s received RF signals are modulated to convey “speech and signalling information”:
`The radiotelephone 10 includes an antenna 12 for receiving RF signals from a cell site, hereafter
`referred to as a base station (not shown), and for transmitting RF signals to the base station. When
`operating in the digital (spread spectrum or CDMA) mode the RF signals are phase modulated to
`convey speech and signalling information
`Id. at 4:27-32.
`
`
`
`
`5
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 7 of 49 PageID #: 12397
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`The ultimate result of Mucke’s process of demodulating, deinterleaving and decoding is a “digital
`signal […] expressive of speech samples” (i.e., a voice signal code):
`
`
`[1(d)] for outputting a
`power control signal
`derived from said
`transmitting power control
`signal sent from said cell-
`site station,
`
`[1(e)] an encoder/decoder
`apparatus connected to said
`receiver and
`
`The output of the demodulator 28 is applied to a combiner 30 which outputs a signal, via a
`deinterleaver and decoder 32, to the controller 20. The digital signal input to the controller 20 is
`expressive of speech samples or signalling information.
`Id. at 4:51-55.
`Mucke further teaches that the signal sent to the controller via the demodulating and decoding process
`described with reference to element [1(c)] supra includes the information needed to derive the power
`control bits:
`
`
`The digital signal input to the controller 20 is expressive of speech samples or signalling
`information. The further processing of this signal by the controller 20 is not germane to an
`understanding of this invention and is not further described, except to note that the signalling
`information will include transmitter power control bits that are sent from the base station as a
`continuous stream to the radiotelephone 10.
`Mucke at 4:54-61.
`Mucke teaches this claim limitation under Plaintiff’s interpretation. In particular, Mucke teaches that
`codec 22 (an enCOder/DECoder apparatus) is connected to the receiver:
`
`
`Coupled to the antenna 12 are a gain controlled receiver 14 and a gain controlled transmitter 16
`for receiving and for transmitting, respectively, the phase modulated RF signals. A frequency
`synthesizer 18 provides the required frequencies to the receiver and transmitter under the control
`of a controller 20. The controller 20 is comprised of a slower speed MCU for interfacing, via a
`codec 22, to a speaker 22a and a microphone 22b, and also to a keyboard and a display 24.
`Mucke at 4:32-40; see also FIG. 1 (depicting codec 22 (red box) connected (red line) via controller 20
`and deinterleaver/decoder 32 to receiver (blue box)):
`
`
`
`6
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 8 of 49 PageID #: 12398
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`
`
`
`Mucke also teaches this limitation to the extent that the limitation “an encoder/decoder apparatus” is
`governed by 35 U.S.C. § 112(6). Mucke’s codec 22 is structure that performs the claimed functions of
`“encoding” and “decoding” Id.
`Mucke teaches speaker 22a and microphone 22b, which are acoustic transducers for (respectively)
`converting a (output) voice signal code into an audio (output) signal and an audio input signal in an
`input voice code signal:
`Coupled to the antenna 12 are a gain controlled receiver 14 and a gain controlled transmitter 16
`for receiving and for transmitting, respectively, the phase modulated RF signals. A frequency
`synthesizer 18 provides the required frequencies to the receiver and transmitter under the control
`of a controller 20. The controller 20 is comprised of a slower speed MCU for interfacing, via a
`codec 22, to a speaker 22a and a microphone 22b, and also to a keyboard and a display 24.
`Mucke at 4:32-40; see also FIG. 1:
`
`[1(f)] an acoustic
`transducer for converting
`said voice signal code into
`an audio signal for driving
`said acoustic transducer
`and converting an audio
`input signal from said
`acoustic transducer into an
`input voice code signal,
`
`
`
`7
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 9 of 49 PageID #: 12399
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`[1(g)] a transmitter
`connected to said
`encoder/decoder apparatus
`and to said antenna
`through said duplexer for
`converting said input voice
`code signal into said
`second communication
`signal, and
`
`
`Mucke teaches a transmitter, connected to the codec and to the antenna, that generates an output
`communication signal:
`
`
`An input to the transmitter 16 (vocoded speech and/or signaling information) is derived from the
`controller 20 via a convolutional encoder, interleaver, Walsh modulator, PN modulator, and I-Q
`modulator, which are shown generally as the block 46.
`Mucke at 5:11-15; see also FIG. 1:
`
`
`
`8
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 10 of 49 PageID #: 12400
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`Mucke further elaborates on the structure of this transmitter in FIG. 3:
`
`
`
`
`
`9
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 11 of 49 PageID #: 12401
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`
`
`
`Additionally, Nakayama teaches this limitation. In particular, Nakayama discloses a “transmission
`circuit” “suitably implemented in […] a mobile telephone.” Nakayama at ¶¶ [0003], [0001].
`
`This transmission circuit is depicted in FIG. 1 (where the “transmitter” corresponds to “high-frequency
`substrate 61,” the “antenna” corresponds to “antenna 23,” and “duplexer” is part of to “baseband
`processing circuit 15”):
`
`
`
`
`10
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 12 of 49 PageID #: 12402
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`
`Nakayama depicts this transmitter 61 being connected to antenna 23 and to baseband processing circuit
`15 (which includes duplexing functionality because it duplexes signals input signals from microphone
`14 output signals for speaker 25 for transmission/reception via antenna 23):
`
`
`After reception, the electromagnetic wave of the target signal is demodulated in the high frequency
`processing circuit 17, made into a baseband signal, and made into an electric signal representing
`a voice after a predetermined processing determined corresponding to the communication system
`by the baseband processing circuit 15 is performed. The electric signal is output as a voice from
`the speaker 25.
`Nakayama at ¶ [0022].
`
`
`When performing communication from the communicator 11 to another communicator, the
`operator of the communicator 11 inputs phone numbers and the like of other communicators by
`operating a key provided on the operation part 13, and inputs a voice via the microphone 14. The
`baseband processing circuit 15 performs predetermined processing determined corresponding to
`
`11
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 13 of 49 PageID #: 12403
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`the communication system to an electrical signal representing the voice given from the
`microphone 14, adds a data signal related to further input phone numbers and the like, and
`generates and delivers a baseband signal to the high frequency processing circuit 17.
`Nakayama at ¶ [0020].
`
`Baseband processing circuit 15 also includes the claimed encoder/decoder functionality:
`
`
`After reception, the electromagnetic wave of the target signal is demodulated in the high frequency
`processing circuit 17, made into a baseband signal, and made into an electric signal representing
`a voice after a predetermined processing determined corresponding to the communication system
`by the baseband processing circuit 15 is performed. The electric signal is output as a voice from
`the speaker 25.
`Nakayama at ¶ [0022].
`
`
`When performing communication from the communicator 11 to another communicator, the
`operator of the communicator 11 inputs phone numbers and the like of other communicators by
`operating a key provided on the operation part 13, and inputs a voice via the microphone 14. The
`baseband processing circuit 15 performs predetermined processing determined corresponding to
`the communication system to an electrical signal representing the voice given from the
`microphone 14, adds a data signal related to further input phone numbers and the like, and
`generates and delivers a baseband signal to the high frequency processing circuit 17.
`Nakayama at ¶ [0020].
`
`Nakayama additionally describes how many of these components are known in the prior art. See FIG.
`5 (depicting transmission circuit 1 connected to antenna 6):
`
`
`
`12
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 14 of 49 PageID #: 12404
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`
`
`
`
`
`The motivation to combine Nakayama’s controller-controlled gain and bias data into the cellular
`telephone of Mucke would be to increase the power efficiency of the transmitter in Mucke’s cellular
`telephone by minimizing the current consumption of the power amplifier (see Nakayama at ¶ [0012]
`“the level control circuit includes storing means for correlating the reference signal level and a
`predetermined reference bias voltage for minimizing electrical current consumption of the
`amplification means when outputting the target signal…”) Doing so would be the use of a known
`technique to improve a similar device in the same way.
`Mucke teaches this claim limitation under Plaintiff’s interpretation. In particular, Mucke teaches that
`controller 20 is connected to both the receiver and the transmitter as shown in FIG. 1. These teachings
`are further elaborated in the embodiment shown in FIG. 3, where controller 20 is “digital control block
`66,” and in FIG. 5, where controller is “digital control block 90,” both of which controls the TX-VGA
`[Transmission Variable Gain Amplifier]:
`
`
`Reference is now made to FIG. 3 for a description of a CDMA analog AGC system. The RX gain
`control is comprised of two loops. The first loop is essentially analog and comprises the RX-VGA
`
`13
`
`[1(h)] a controller
`connected to said receiver
`and said transmitter for
`controlling an amplitude of
`said transmitter,
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 15 of 49 PageID #: 12405
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`52, I/Q demodulator 62, detector 56, and integrator 58. The first loop is used for coarse AGC
`setting. The second loop is essentially digital and comprises the RX-VGA 52, I/Q modulator 62,
`A/D converter 64, digital control block 66, AGC-REF signal 68, and the integrator 58. The AGC-
`REF signal 68 is a feedback signal from the digital loop to the integrator 58. The second, digital
`loop is used to correct offset errors in the first, analog loop. In the circuit of FIG. 3 the RX-VGA
`52 and TX-VGA [Transmission Variable Gain Amplifier] 50 each have a variable gain range of 80
`dB…
`Mucke at 7:1-13; see also FIG. 1 (depicting “Controller MCU/DSP 20”):
`
`
`
`Mucke also teaches this limitation to the extent that the limitation “a controller … for controlling an
`amplitude of said transmitter” is governed by 35 U.S.C. § 112(6). Mucke’s controller 20 and/or ASIC
`(digital control block) 66 is structure that performs the claimed function of “controlling an amplitude
`of said transmitter.” Id.
`
`
`14
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 16 of 49 PageID #: 12406
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`Additionally, Nakayama teaches this limitation. In particular, Nakayama teaches “integrated circuit
`63,” which is connected to the receiver (via baseband processing circuit 15) and to the transmitter (via
`baseband processing circuit 15 and the various control lines for controlling the transmitter). See FIG.
`1:
`
`
`
`
`Nakayama further discloses that this controller controls an amplitude of the transmitter, at least via
`“attenuation control part 42”:
`
`
`The central processing unit 26 includes a designation part 41, attenuation control part 42, and
`bias-voltage control part 43. The central processing unit 26 is realized, for example, in a
`microcomputer, and the parts 41 to 43 are, respectively, virtual circuits realized by arithmetic
`
`
`
`15
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 17 of 49 PageID #: 12407
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`processing of the central processing unit 26. Moreover, the parts 41 to 43 may, respectively, be
`individually realized by independent circuit components.
`Nakayama at ¶ [0024].
`
`The motivation to combine Nakayama’s controller-controlled gain and bias data into the cellular
`telephone of Mucke would be to increase the power efficiency of the transmitter in Mucke’s cellular
`telephone by minimizing the current consumption of the power amplifier (see Nakayama at ¶ [0012]
`“the level control circuit includes storing means for correlating the reference signal level and a
`predetermined reference bias voltage for minimizing electrical current consumption of the
`amplification means when outputting the target signal…”). Doing so would be the use of a known
`technique to improve a similar device in the same way.
`Mucke’s teaches that the transmitter as depicted in FIGs. 3, (and as elaborated in FIGs 5, 6 and 11)
`includes a variable gain amplifier (TX-VGA 50) and a power amplifier (TX power amp 102):
`
`
`[1(i)] wherein said
`transmitter includes a
`variable amplitude
`amplifier and a power
`amplifier,
`
`FIG. 5 is a block diagram that illustrates a first embodiment of the digital AGC system, specifically
`an all digital AGC control system. The two variable gain amplifiers VGAs 50 and 52 are controlled
`directly from the digital block 90.
`Mucke at 8:27-31.
`
`
`A bias control block 106 also receives the TX-GSET signal and is used to generate a bias signal
`for a TX power amplifier 102. The operation of the blocks 102 and 106 is described in greater
`detail in FIGS. 9 and 11.
`Id. at 7:50-53; see also FIG. 3:
`
`
`
`
`16
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 18 of 49 PageID #: 12408
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`
`
`
`Additionally, Nakayama teaches this limitation. In particular, Nakayama teaches that the amplitude of
`the transmitted power can be controlled via “variable attenuator 18” (red box below) and fixed-gain
`“amplifier 19”:
`First, the target signal is attenuated by the variable attenuator 18 of a varying attenuation of a
`signal level and further amplified by the amplifier 19. The gain of the amplifier 19 is, for example,
`always constant, and the signal level of the target signal when output from the amplifier 19 is
`proportional to the signal level of the target signal when output from the variable attenuator 18.
`Therefore, the signal level of the target signal is adjusted to a reference signal level described
`hereafter.
`Nakayama at ¶ [0021]. Nakayama further teaches that a variable gain amplifier can be used instead of
`a variable attenuator:
`Furthermore, the detailed configuration and behavior of each circuit part of the communicator 11
`is exemplary, and circuit parts having other configurations and behaviors may be used. For
`example, a variable gain amplifier having variable gain may be used instead of the variable
`attenuator.
`
`17
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 19 of 49 PageID #: 12409
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`Id. at ¶ [0056].
`
`Nakayama further discloses that the transmitter includes a power amplifier 19 (blue box below):
`
`
`Furthermore, the reference bias voltage corresponding to the maximum reference transmission
`power within the adjustment period W1 of the attenuation and the reference bias voltage
`corresponding to the designated transmission power after the attenuation has been determined are
`imparted to the power amplifier 19.
`Id. at [0051]. Nakayama also discloses that power amplifier 19 is a variable-bias amplifier:
`
`
`A bias voltage of the amplifier 19 is imparted by a method described hereafter, and the value thereof
`is variable.
`Id. at [0021].
`
`These components are depicted in FIG. 1:
`
`
`
`18
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 20 of 49 PageID #: 12410
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`
`These components are additionally described with reference to FIG. 5 (prior art):
`
`
`FIG. 5 is a block diagram expressing an electrical configuration of the transmission circuit 1
`described above. The signal level of a target signal which is an electrical signal to be transmitted
`differs from a reference signal level which can emit the electromagnetic wave of the transmission
`power from an antenna. This target signal is first attenuated by a variable attenuator 3 having a
`variable attenuation rate, then amplified by a power amplifier 4 having a variable bias voltage,
`and thereby the signal level thereof is adjusted to the reference signal level. This target signal is
`then imparted from the power amplifier 4 to an antenna 6 via a directional coupler 5 and
`transmitted from the antenna 6 as an electromagnetic wave.
`Nakayama at ¶ [0003]; see also FIG. 5 below:
`
`
`
`19
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 21 of 49 PageID #: 12411
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`
`
`The motivation to combine Nakayama’s controller-controlled gain and bias data into the cellular
`telephone of Mucke would be to increase the power efficiency of the transmitter in Mucke’s cellular
`telephone by minimizing the current consumption of the power amplifier (see Nakayama at ¶ [0012]
`“the level control circuit includes storing means for correlating the reference signal level and a
`predetermined reference bias voltage for minimizing electrical current consumption of the
`amplification means when outputting the target signal …”). Doing so would be the use of a known
`technique to improve a similar device in the same way.
`Mucke teaches that “digital block 90” can be implemented as an ASIC (as depicted in FIG. 3) or as a
`“high speed processing device.” Either of these would be the claimed “central processing unit.”:
`
`
`20
`
`[1(j)] said controller
`includes a central
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 22 of 49 PageID #: 12412
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`processing unit and a
`memory,
`
`FIG. 5 is a block diagram that illustrates a first embodiment of the digital AGC system, specifically
`an all digital AGC control system. The two variable gain amplifiers VGAs 50 and 52 are controlled
`directly from the digital block 90. In a presently preferred embodiment of this invention the digital
`block 90 is embodied within an Application Specific Integrated Circuit (ASIC). It should be realized
`that discrete integrated circuits could be used as well, as could a suitably programmed high speed
`processing device.
`Mucke at 8:27-36.
`
`Similarly, in the high-level block diagram of FIG. 1, Mucke specifies that “Controller 20” includes an
`MCU (MicroController Unit) and a DSP (Digital Signal Processor), either of which would be the
`claimed “central processing unit”:
`The controller 20 is comprised of a slower speed MCU for interfacing, via a codec 22, to a speaker
`22a and a microphone 22b, and also to a keyboard and a display 24. In general, the MCU is
`responsible for the overall control and operation of the radiotelephone 10. The controller 20 is
`also preferably comprised of a higher speed digital signal processor (DSP) suitable for real-time
`processing of received and transmitted signals.
`Id. at 4:38-44
`
`Mucke further teaches that “digital block 90” includes “slope table 90a” which is characterized as a
`“look up table” and is implemented by “storage registers.” Slope table 90a is thus the claimed
`“memory”:
`Correction of the VGA slopes can be accomplished either by multiplication or by table look up. A
`look up table (90a) is not presently preferred due to the required number of gates to implement the
`storage registers for the look up values.
`Id. at 8:56-59; see also FIG. 5:
`
`
`
`21
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 23 of 49 PageID #: 12413
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`
`Additionally, Nakayama teaches this limitation. In particular, Nakayama teaches that the control circuit
`(“integrated circuit 63”) includes a “central processing unit 26” and a “memory 45":
`Additionally, it is possible to, among the circuit parts implemented in the baseband circuit board
`62, integrate the central processing unit 26, the reference power source 20, the analog/digital
`conversion circuits 32, 34, 35, the temperature sensor 33, the memory 45, and the digital/analog
`conversion circuits 47 and 48 to make a single integrated circuit (LSI) 63.
`Nakayama at ¶ [0055]; see also FIG. 1 (depicting controller (red box), central processing circuit (blue
`box) and memory (green box)):
`
`
`
`
`
`22
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 24 of 49 PageID #: 12414
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`
`The motivation to combine Nakayama’s controller-controlled gain and bias data into the cellular
`telephone of Mucke would be to increase the power efficiency of the transmitter in Mucke’s cellular
`telephone by minimizing the current consumption of the power amplifier (see Nakayama at ¶ [0012]
`“the level control circuit includes storing means for correlating the reference signal level and a
`predetermined reference bias voltage for minimizing electrical current consumption of the
`amplification means when outputting the target signal…”). Doing so would be the use of a known
`technique to improve a similar device in the same way.
`Mucke teaches this claim limitation. In particular, Mucke teaches that controller 20 (implemented as
`digital block 66 or digital block 90) controls the transmitter, at least by virtue of providing the power
`control bits used to generate the “Tx Gain Set” signal as depicted in FIG. 1, the TX Gain Adj signal as
`shown in FIG. 3, and the digital TX-VGA signal as depicted in FIG. 5. See FIGs 1, 3, and 5, supra.
`
`The controller further controls the transmitter such that an open-loop power control process is
`performed, at open loop power control block 38:
`
`23
`
`[1(k)] said controller
`controls said transmitter so
`that an open-loop power
`control is performed and
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 25 of 49 PageID #: 12415
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`
`
`The output of the receiver AGC block 34 is also applied to a TX open loop power control block 38.
`A TX closed loop control block 40 inputs the received transmitter power control bits from controller
`20. An adder 42 adds the output of the TX open loop control block 38 to the output of the TX closed
`loop control block 40 and generates a sum signal which is the TX-GAIN signal that is selectively
`applied, via a limiter 43 (FIGS. 7 and 8), to the transmitter 16 to control the output power thereof.
`Preferably this signal is slope corrected as required for the transmitter amplifier.
`Mucke at 5:1-10; see also FIG. 1:
`
`
`
`The controller controls this open-loop power control process at least because it provides the
`RX_SLOPE and AGC-REF signals that are used to calculate the time-delayed RX-GSET signal that is
`added to the closed loop power control signal at summer 60 (corresponding to adder 42 in FIG. 1):
`
`
`
`24
`
`
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 26 of 49 PageID #: 12416
`Defendant’s Invalidity Contentions
`Exhibit D1
`
`
`
`Mucke further discloses an embodiment where the entire process of calculating the TX-VGA signal
`(i.e., both open loop and closed loop power control) is performed by digital block 90 (i.e., by the
`controller; see element [1(j)] supra):
`
`
`
`
`
`25
`
`

`

`Case 5:19-cv-00036-RWS Document 348-9 Filed 06/18/20 Page 27 of 49 PageID #: 12417
`Defe