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`Exhibit “J”
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`Exhibit “J”
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`Inter Partes Review No.: Unassigned
`Petition For Inter Partes Review
`U.S. Patent No. 8,385,966
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`_______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________
`
`KYOCERA COMMUNICATIONS, INC.
`Petitioner
`v.
`
`CELLULAR COMMUNICATIONS EQUIPMENT LLC
`Patent Owner
`
`
`Patent No. 8,385,966
`Issue Date: February 26, 2013
`Title: METHOD, APPARATUS AND COMPUTER PROGRAM FOR POWER
`CONTROL RELATED TO RANDOM ACCESS PROCEDURES
`_______________
`
`Inter Partes Review No. Unassigned
`____________________________________________________________
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`
`PETITION FOR INTER PARTES REVIEW
`UNDER 35 U.S.C. §§ 311-319 AND 37 C.F.R. § 42.100 ET. SEQ.
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`Inter Partes Review No.: Unassigned
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`U.S. Patent No. 8,385,966
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`specification to see if it provides a definition for claim terms, but otherwise apply a
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`broad interpretation.” In addition to this presumption, Petitioner provides a more
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`detailed explanation of the broadest reasonable meaning of certain claim terms.
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`i.
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`“Initialize” or “initializing”
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`The ‘966 patent recites “using a processor to initialize… a first power control
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`adjustment state” (Claim 1), “initializing … a first power control adjustment state”
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`(Claim 9) and “initialize… a first power control adjustment state” (Claim 10). The
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`term “initialize” or “initializing” in the ‘966 patent refers to calculating initial
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`states (See 6:60-67). In particular, the ‘966 patent describes initializing power
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`control states according to provided equations:
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`The UE then initiates the PC formula for PUSCH and PUCCH, or
`compensates open loop error, according to the following equations:
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`[4a]
`P0_UE_PUSCH + f(0) =ΔPPC +ΔPrampup
`P0_UE_PUCCH + g(0) =ΔPPC +ΔPrampup
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`[4b]
`(6:60-67, emphasis added).
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`Thus, “initialize” as used in the claims of the ‘966 patent should be interpreted
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`to mean calculate an initial state, i.e., a state at time=0. (Ex. 1002, ¶[0044]).
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`ii.
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`“Open loop power control error” (Claims 1, 9, and 10)
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`The ‘966 patent defines the phrase “open loop power control error” at 7:1-5 as
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`being the “sum of the UE specific power control constants (P0_UE_PUSCH or
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`P0_UE_PUCCH) and the power control initial states (f(0) or g(0)), … taking into
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`Inter Partes Review No.: Unassigned
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`U.S. Patent No. 8,385,966
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`account the preamble power ramp-up.” (‘966 patent, 7:1-5). The ‘966 patent
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`asserts that Equations [4a] and [4b] represent open loop power control error. (‘966
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`patent, 6:65-7:5). Specifically, the open loop power control error is represented by
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`rewriting equation [4a] as ΔPPC = P0_UE_PUSCH +f(0) - ΔPrampup. In this equation,
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`ΔPPC represents open loop power control error as ΔPPC is the sum of the UE
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`specific power control constant (P0_UE_PUSCH) and f(0) taking into account ΔPrampup.
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`(Ex. 1002, ¶[0046]). “ΔPPC is here assumed to be the difference between the target
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`preamble power and the power that eNB actually observes.” (‘966 patent, 7:5-7)
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`Thus, “open loop power control error” as used in the claims of the ‘966 patent
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`should be interpreted to mean a power control error that is the difference between a
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`target power and an observed power. (Ex. 1002, ¶[0046]).
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`iii.
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`“Full path loss compensation” (Claims 1, 9, and 10)
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`The phrase “full path loss compensation” refers to using an entire estimated
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`path loss, which is in contrast to fractional path loss compensation that uses only a
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`portion of the estimated path loss. (‘966 patent, 8:7-17 and 11:25-31). The power
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`formulas of the ‘966 patent indicate full path loss compensation by setting alpha
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`((cid:2009)(cid:4667) equal to 1 (‘966 patent, 8:21-25). Thus, “full path loss compensation” as used
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`in the claims of the ‘966 patent should be interpreted to mean using the entire
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`estimate path loss. (Ex. 1002, ¶¶[0047]-[0048]).
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`iv.
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`“Preamble power” (Claims 1, 2, 5, 9-11, and 14)
`9
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`U.S. Patent No. 8,385,966
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`The phrase “preamble power” as used in the claims of the ‘966 patent should be
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`interpreted to mean the transmit power of a preamble that depends upon ΔPrampup.
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`(‘966 patent, 6:18-26; 9:65-10:25; 10:49-60, Claim 5).
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`v.
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`“third message” (Claims 1, 2, 5, 9-11, and 14)
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`The phrase “third message” as used in the claims of the ‘966 patent should be
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`interpreted to mean a message transmitted by the user equipment after a successful
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`transmission of a random access preamble. (Ex. 1002, ¶[0038]). “Message 3,”
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`shown in Figure 1B, is an example of a third message. (‘966 patent, 8:7-17).
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`Figure 1B depicts the contention based random access procedure from TS 36.300.
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`(‘966 patent, 4:1-4; See TS 36.300, 10.1.5.1, p. 48).
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`vi.
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`“Initial transmit power” (Claims 1, 5, 8-10, 14, and 17)
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`The phrase “initial transmit power” as used in the claims of the ‘966 patent
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`should be interpreted to mean the transmit power of a message that depends upon
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`“preamble power of a first message sent on an access channel and the second
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`power control adjustment state f(0).” (‘966 patent, Claims 1, 9, and 10; See also
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`6:18-26; 9:65-10:25; 10:49-60).
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`vii.
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`“depends” (Claims 1, 9, and 10)
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`The phrase “depends” as used in the claims of the ‘966 patent should be
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`interpreted to mean to be based on. (Ex. 1015; Ex. 1002, ¶¶[0073]-[0076]).
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`viii. Ramp-up power” (Claims 1, 9, and 10)
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`U.S. Patent No. 8,385,966
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`The phrase “ramp-up power” as used in the claims of the ‘966 patent should be
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`interpreted to mean a ramp-up power level for preamble retransmissions. (‘966
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`patent, 6:25-26, Ex. 1002, ¶[[0037]).
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`ix.
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`“Power control command” (Claims 1, 9, and 10)
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`The phrase “power control command” as used in the claims of the ‘966 patent
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`should be interpreted to mean a signal, contained in a message, used to establish or
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`determine the power used to transmit a subsequent message. (‘966 patent, 2:65-
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`3:6). The ‘966 patent uses the term ΔPC_Msg3 to denote “power control command”
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`for Message 3. (‘966 patent, 8:32-34).
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`x.
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`“P0_UE_PUSCH” (Claims 1, 4, 9, 10, and 13)
`The phrase “P0_UE_PUSCH” as used in the claims of the ‘966 patent should be
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`interpreted to mean “a power control constant for the uplink shared channel that is
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`specific for a user equipment” that can be initialized to zero, e.g., at i=0. (‘966
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`patent, 7:16 – 21; Claims 4 and 13).
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`xi.
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`“Fractional power control” (Claims 2, 6, 11 and 15)
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`The phrase “fractional power control” as used in the claims of the ‘966 patent
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`should be interpreted to mean power control that uses a fraction of the estimated
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`path loss. Alpha in Equation [1] and Claims 6 and 15 represents a fraction of the
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`estimated path loss in controlling the transmit power for messages sent after
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`Message 3. (See ‘966 patent, 4:31-33; Ex. 1002, ¶[0048]).
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`Inter Partes Review No.: Unassigned
`Petition For Inter Partes Review
`U.S. Patent No. 8,385,966
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`xii.
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` “P0_UE_PUCCH” (Claims 3, 4, 12, and 13)
`The phrase “P0_UE_PUCCH” as used in the claims of the ‘966 patent should be
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`interpreted to mean “a power control constant for the uplink control channel that is
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`specific for a user equipment” that can be initialized to zero, e.g., at i=0. (‘966
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`patent, 7:16 – 21; Claims 4 and 13; Ex. 1002, ¶[0044]).
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`xiii. “Random access request message” (Claims 2 and 11)
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`The phrase “random access request message” as used in the claims of the ‘966
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`patent should be interpreted to mean a message communicated on a random access
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`channel to request communication with a network node, such as a random access
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`preamble. (Ex. 1002, ¶[0091]).
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`“ΔTFTF(i)” (Claims 5 and 14)
`xiv.
`The phrase “ΔTFTF(i)” as used in the claims of the ‘966 patent should be
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`interpreted to mean a value “calculated from received signaling” that can be zero.
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`(‘966 patent, Claims 5 and 14; 4:54-61; Ex. TS 36.213, 5.1.1.1 at 8; Ex. 1002,
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`¶[0052]).
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`xv.
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` “ΔPC_Msg3” (Claims 5 and 14)
`The phrase “ΔPC_Msg3” as used in the claims of the ‘966 patent should be
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`interpreted to mean “indicated by a power control command received at the
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`receiver.” (‘966 patent, Claims 5 and 14). In regard to calculating the initial
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`transmit power of the third message, this term corresponds with the power control
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`U.S. Patent No. 8,385,966
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`command received in the second message. (8:32-36). Accordingly, ΔPC_Msg3 has
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`the same value as ΔPPC when calculating the initial transmit power value of the
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`third message. The difference in nomenclature results from an embodiment where
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`subsequent messages to Message 3 could have a different power control value used
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`to calculate its transmit power. (‘966 patent, 8:36-42; Ex. 1002, ¶¶[0050]-[0051]).
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`“MPUSCH(i)” (Claims 5, 6, 14, and 15)
`xvi.
`The phrase “MPUSCH(i)” as used in the claims of the ‘966 patent should be
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`interpreted to mean an adjustment of uplink power determined from an uplink
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`resource allocation. (‘966 patent, Claims 5 and 14; Ex. 1002, ¶[0109]). The uplink
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`resource allocation is determined by an eNB and sent by the eNB in a second
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`message in response to receiving a first message. ((‘966 patent, Claims 5 and 14;
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`Ex. 1002, ¶[0110]).
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`xvii. “Fractional path loss computation” (Claims 7 and 16)
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`The phrase “fractional path loss computation” as used in the claims of the ‘966
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`patent should be interpreted to mean a path loss computation based upon a fraction
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`of the estimated path loss. Alpha in Equation [1] and Claims 6 and 15 represents
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`the fractional component. (‘966 patent, Fig. 4, 410; 4:31-33; and 11:39-44; Ex.
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`1002, ¶[0048]).
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`IV. Prior Art
`A. U.S. Patent 8,599,706 (Qualcomm)
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`Inter Partes Review No.: Unassigned
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`U.S. Patent No. 8,385,966
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`V. Claim-By-Claim Explanation of Grounds for Unpatentability
`Ground 1.
`Qualcomm and TS 36.213 render Claims 1, 3, 4, 9, 10, 12,
`and 13 unpatentable.
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`Claims 1, 3, 4, 9, 10, 12, and 13 of the ‘966 patent are unpatentable under 35
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`U.S.C. § 103(a) over Qualcomm and 3GPP TS 36.213 v8.2.0 (TS 36.213), and
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`3GPP TS 36.300 v8.4.0 (TS 36.300).
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`i.
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`Claims 1, 9, and 10
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`Qualcomm and TS 36.213 disclose, suggest, or teach each of the claimed
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`elements from independent Claims 1, 9, and 10: [i] initializing a “power control
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`adjustment” state for a control channel and “power control adjustment” state for an
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`uplink shared channel (e.g., 10:1-19, 9:20-49), [ii] computing an initial transmit
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`power for the uplink shared channel (e.g., 10:1-19, 8:38-46), and [iii] outputting or
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`sending a message at the initial transmit power (e.g., 10:14-15).
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`Qualcomm teaches a relationship between the “power control adjustment state”
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`and “initial transmit power.” The claimed “initial transmit power” refers to the
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`transmit power that is used to transmit Message 3. (Ex. 1002, ¶[0065]). Qualcomm
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`teaches calculating a transmit power of Message 3 that includes initializing power
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`control adjustment states. Equation 4 of Qualcomm represents a formula used to
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`calculate the initial transmit power of Message 3. Qualcomm, col. 10, lines 1-19,
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`state, with emphasis added:
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`U.S. Patent No. 8,385,966
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`…the transmit power of the first uplink message sent after successful
`transmission of the random access preamble may be determined as follows:
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`Eq(4)
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`PUSCH_power =
` RACH_power + PC_correction + PUSCH_RACH_power_offset
`where
`RACH_power is the transmit power of the successful transmission of the
`random access preamble on the RACH,
`PUSCH_power is the transmit power of the message sent on the PUSCH,
`PC_correction is the PC correction received in the random access response,
`and
`PUSCH_RACH_power_offset is a power offset between the PUSCH and
`RACH.
`Thus, the initial transmit power of Qualcomm is determined based on RACH-
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`Power (the transmit power of a random access preamble). (Ex. 1002, ¶[0068]).
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`Qualcomm, therefore, teaches calculating an initial transmit power that “depends
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`on a preamble power of a first message sent on an access channel,” as claimed.
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`(Ex. 1002, ¶¶[0067]-[0068]).
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`The PUSCH_power in Qualcomm uses full path loss compensation.
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`Specifically, the preamble power in Qualcomm provides an “open loop method.”
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`(Qualcomm, 8:37-39; Ex. 1002, ¶¶[0077]-[0079]). Qualcomm uses the entire path
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`loss in calculating the preamble power. (Ex. 1002, ¶[0079]). As PUSCH_power is
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`calculated using preamble power, PUSCH_power is calculated using full path loss
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`compensation. (Id.).
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`Qualcomm also teaches that the “initial transmit power” depends on the
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`initialized “second power control adjustment state f(0).” (Ex. 1002, ¶¶[0069]-
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`[0072]). Equation 4a in the ‘966 patent provides the initialized second power
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`control adjustment state formula:
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`P0_UE_PUSCH + f(0) =ΔPPC +ΔPrampup;
` (‘966 patent, 6:65).
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`[4a]
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`The value P0_UE_PUSCH can have an initial value of 0. (‘966 patent, 7:16-18; Ex.
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`1002, ¶[0072]). In this case, f(0) is calculated as ΔPPC +ΔPrampup. (‘966 patent,
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`7:19-20, Ex. 1002, ¶[0072]). The initial transmit power of the ‘966 patent,
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`therefore, depends on f(0), e.g., ΔPPC +ΔPrampup. The calculation of RACH Power
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`in Qualcomm includes summing a power control correction with a preamble
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`rampup value. (Qualcomm, 10:5-13; Ex. 1002, ¶[0070]). As explained above, the
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`PUSCH Power depends upon the random access preamble transmission power.
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`Equations 1 and 2 both show a formula for calculating the random access
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`preamble power. (Qualcomm, 8:38-40 and 9:17-18). One component of the
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`preamble transmit power is “power_ramp_up,” which “is the amount of increase in
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`transmit power” for a retransmission. (Qualcomm, 8:64-65 and 9:35). Replacing
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`the RACH_power variable in Equation 4 with Equation 2 provides:
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`PUSCH_power = -RX_power + interference_correctoin +
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`offset_power + added_correction + power_ramp_up +
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`PC_correction + PUSCH_RACH_power_offset;
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`This rewritten equation shows that the transmit power for Message 3 is based
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`on f(0), i.e., the sum of the PC_correction (ΔPPC ) and the power_ramp_up value
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`(ΔPrampup). (Ex. 1002, ¶¶[0069]-[0071]).
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`The power_ramp_up variable is used as part of the preamble power and the
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`calculation of f(0). This use of the power_ramp_up value is consistent with the
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`‘966 patent’s use of the terms. (Ex. 1002, ¶¶[0073]-[0076]). Specifically, Claim 5
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`does not initially appear to be consistent with Claim 1. Specifically, Claim 1 notes
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`that the initial transmit power is based on the “preamble power” and f(0). Claim 5
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`recites Ppreamble but does not expressly recite f(0). (Ex. 1002, ¶[0075]). As noted in
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`the International Search Report of the corresponding PCT application, the equation
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`in Claim 5 does not appear to be consistent with the wording of Claim 1. (See, Ex.
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`1013). In the PCT application, Claim 6 as originally filed is the same as Claim 5 in
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`the ‘966 patent. (See Ex. 1014).
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`Claim 5 recites ΔPC_Msg3, which as explained below is equal to ΔPC when
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`calculating the power for Message 3. The formula in Claim 5, however, does not
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`expressly recite ΔPrampup. f(0), therefore, is not found in the equation as written in
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`Claim 5. The missing ΔPrampup, however, can be found in Claim 5 as part of the
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`Ppreamble calculation. (‘966 patent, 6:18-26; Ex. 1002, ¶¶[0075]-[0076]). Just as
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`above, the equation in Claim 5 can be rewritten with the Ppreamble variable expanded
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`per Equation 3 from the ‘966 patent. When this is done, Claim 5 recites a formula
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`for calculating a transmit power that depends on both Ppreamble and f(0) = ΔPPC
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`+ΔPrampup. (Ex. 1002, ¶¶[0074]-[0076]). Not allowing ΔPrampup to be considered
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`part of the preamble transmit power and f(0) leads to Claims 5 and 14 that cannot
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`be reconciled with Claims 1 and 11, respectively. (Ex. 1002, ¶[0076]).
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`Qualcomm, therefore, teaches calculating an initial transmit power that depends
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`on the “second power control adjustment state f(0).” (Ex. 1002, ¶¶[0073]-[0076])
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`Further, by calculating the sum of the PC_correction and the power_ramp_up
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`value as part of calculating the RACH power, Qualcomm teaches initializing f(0).
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`(Ex. 1002, ¶¶ [0069]-[0072]).
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`The ‘966 patent defines f(0) as both being calculated with ΔPPC +ΔPrampup and
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`reflecting an “open loop power control error.” (‘966 patent, Claim 1). Open loop
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`power control error can be represented as ΔPPC = P0_UE_PUSCH +f(0) - ΔPrampup. (Ex.
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`1002, ¶[0046] and ¶[0072]). This equation can be rewritten as f(0) = ΔPPC +
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`ΔPrampup - P0_UE_PUSCH. (Ex. 1002, ¶[0046]). Accordingly, the ΔPPC value that is
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`part of f(0) reflects an “open loop power control error.” (Ex. 1002, ¶[0046] and
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`¶[0072]). Qualcomm’s use of the PC_correction value, therefore, also reflects an
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`open loop power control error. (Ex. 1002, ¶¶[0071]-[0072]).
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`Inter Partes Review No.: Unassigned
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`U.S. Patent No. 8,385,966
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`Like the value P0_UE_PUSCH, P0_UE_PUCCH can also have an initial value of 0. (‘966
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`patent, 7:16-18). The second power control adjustment state can be equal to
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`P0_UE_PUCCH + g(0) =ΔPPC +ΔPrampup. (‘966 patent, 6:67; Claim 3; Ex. 1002,
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`¶[0080]). When P0_UE_PUCCH is equal to zero this equation becomes g(0) =ΔPPC
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`+ΔPrampup. When both P0_UE_PUSCH and P0_UE_PUCCH are equal to zero, f(0) = g(0),
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`which is expressly noted in the ‘966 patent. (7:14-21). In this case, the first and
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`second power control adjustment states are calculated using the same formula,
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`ΔPPC +ΔPrampup (‘966 patent, 7:19-20; Ex. 1002, ¶[0080]). Accordingly, the ‘966
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`patent teaches that f(0) and g(0) can have the same value and be calculated using
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`the same formula. (See, ‘966 patent, Claim 4). The claims require only that the
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`first power control adjustment state be initialized. (‘966 patent, Claims 1, 3, and
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`4). No element of the claims uses the first power control adjustment state.
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`Therefore, calculating f(0) also discloses or suggests calculating g(0) since
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`calculating one value also teaches calculating the second value. (See ‘966 patent,
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`Claims 1 and 4; Ex. 1002, ¶[0082]).
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`Further, the variables f(i) and g(i) were both known in the art. Specifically, TS
`
`36.213 identifies both f(i) and g(i). (TS 36.213, 5.1.1.1, p. 9; and 5.1.2.1, p. 10;
`
`Ex. 1002, ¶[0081]). One of skill in the art, therefore, would recognize that there
`
`were formula f(i) for use on an uplink shared channel and g(i) for use on an uplink
`
`control channel.
`
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`4836-7459-5105.3
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`Case 6:14-cv-00982-KNM Document 160-1 Filed 11/18/15 Page 15 of 23 PageID #: 1856
`
`Inter Partes Review No.: Unassigned
`Petition For Inter Partes Review
`U.S. Patent No. 8,385,966
`
`
`
`
`
`Qualcomm, therefore, teaches initializing a first power control adjustment state
`
`and a second power control adjustment state because the second power control
`
`adjustment state and the first power control adjustment state can be calculated
`
`using the same formula, i.e., the sum of the power control correction and preamble
`
`ramp up power. (Ex. 1002, ¶[0082]).
`
`As described above, Qualcomm describes calculating a “transmit power of the
`
`first uplink message sent after successful transmission of the random access
`
`preamble…” (Qualcomm, 10:1-3). Equation 4 defines the variable PUSCH_power
`
`as “the transmit power of the message sent on the PUSCH.” (Qualcomm, 10:14-
`
`15). PUSCH refers to an uplink shared channel. (Qualcomm, 4:24-25; Ex. 1002,
`
`¶[0083]). Qualcomm, therefore, teaches sending a third message on an uplink
`
`shared channel at the calculated transmit power, as claimed. (Ex. 1002, ¶[0083]).
`
`As noted above, TS 36.213 expressly teaches the two power control adjustment
`
`states claimed in the ‘966 patent. The Qualcomm reference does not expressly
`
`show these states using the same terminology. One of skill in the art, however,
`
`would understand that Qualcomm teaches these states and/or would look at least to
`
`TS 36.213 in regards to the two claimed power control adjustment states. (Ex.
`
`1002, ¶[0058] and ¶[0085). As the claims only require that g(0) is initialized and
`
`that f(0) can be equal to g(0), Qualcomm teaches initializing both f(0) and g(0).
`
`TS 36.213 makes explicit what one of skill in the art would have known, i.e., that
`22
`
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`4836-7459-5105.3
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`
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`Case 6:14-cv-00982-KNM Document 160-1 Filed 11/18/15 Page 16 of 23 PageID #: 1857
`
`Inter Partes Review No.: Unassigned
`Petition For Inter Partes Review
`U.S. Patent No. 8,385,966
`
`
`f(i) exists for use in calculating power for a shared channel and that g(i) exists for
`
`
`
`use in calculating power for a control channel. (TS 36.213, 5.1.1.1, p. 9; and
`
`5.1.2.1, p. 10; Ex. 1002, ¶[0081]). The teachings of Qualcomm combined with the
`
`teachings of TS 36.213 allow user equipment to “efficiently transmit the random
`
`access preamble and signaling for system access,” while maintaining compatibility
`
`with the LTE standards such as TS 36.213. (See, Qualcomm, 1:45-47). Such a
`
`combination, therefore, would be obvious to one of ordinary skill in the art in
`
`creating a more efficient random access signaling that is compliant with the LTE
`
`specifications. (Ex. 1002, ¶[0085]).
`
`The following claim chart summarizes the correspondence of the claim terms of
`
`independent Claims 1, 9, and 10 of the ‘966 patent with Qualcomm and TS 36.213.
`
`US Pat. 8,385,966 (Claim 1)
`[1a] A method comprising:
`
`
`[1b]
`using a processor
`
`to initialize for i=0 a first
`power control adjustment state
`g(i) for an uplink control
`channel and
`
`
`Qualcomm and TS 36.213
`“The steps of a method or algorithm described
`in connection with the disclosure herein may
`be embodied directly in hardware, in a
`software module executed by a processor, or in
`a combination of the two.” (Qualcomm,
`14:37-40).
`
`“TX data processor 778” (Qualcomm, 12:32-
`36);
`
`“The modules in FIGS. 9 and 11 may comprise
`processors, electronics devices, hardware
`devices, electronics components, logical
`circuits, memories, etc., or any combination
`thereof.” (Qualcomm, 13:61-64; See also
`
`
`4836-7459-5105.3
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`23
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`
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`Case 6:14-cv-00982-KNM Document 160-1 Filed 11/18/15 Page 17 of 23 PageID #: 1858
`
`Inter Partes Review No.: Unassigned
`Petition For Inter Partes Review
`U.S. Patent No. 8,385,966
`
`
`US Pat. 8,385,966 (Claim 1)
`a second power control
`adjustment state f(i) for an
`uplink shared channel to each
`reflect an open loop power
`control error;
`
`
`[1c] using the processor to
`compute an initial transmit
`power for the uplink shared
`channel using full path loss
`compensation,
`
`
`
`
`
`Qualcomm and TS 36.213
`“processors” in 14:37-51).
`
`“In one design, the transmit power of the first
`uplink message sent after successful
`transmission of the random access preamble
`may be determined as follows:
`Eq(4)
`PUSCH_power =
`
` RACH_power + PC_correction +
`PUSCH_RACH_power_offset” (Qualcomm,
`10:1-9)
`
`PUSCH_power depends upon “PC_correction”
`(Qualcomm, 10:6-17) and
`“power_ramp_up.”(Qualcomm, 9:20-49; Ex.
`1002, ¶¶[0080]-[0082]).
`
`“The current PUSCH power control
`adjustment state is given by f(i)….” (TS
`36.213, 5.1.1.1, p. 9).
`
`“g(i) … is the current PUCCH power control
`adjustment state with initial condition g(0)=0.”
`(TS 36.213, 5.1.2.1, p. 10).
`
`“In one design, the transmit power of the first
`uplink message sent after successful
`transmission of the random access preamble
`may be determined as follows:
`Eq(4)
`PUSCH_power =
`
` RACH_power + PC_correction +
`PUSCH_RACH_power_offset
`where
`RACH_power is the transmit power of the
`successful transmission of the random access
`preamble on the RACH,
`PUSCH_power is the transmit power of the
`
`
`4836-7459-5105.3
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`24
`
`
`
`Case 6:14-cv-00982-KNM Document 160-1 Filed 11/18/15 Page 18 of 23 PageID #: 1859
`
`Inter Partes Review No.: Unassigned
`Petition For Inter Partes Review
`U.S. Patent No. 8,385,966
`
`
`US Pat. 8,385,966 (Claim 1)
`
`[1d] wherein the initial
`transmit power depends on a
`preamble power of a first
`message sent on an access
`channel and
`
`[1e] the second power control
`adjustment state f(0); and
`
`
`
`
`
`Qualcomm and TS 36.213
`message sent on the PUSCH,
`PC_correction is the PC correction received in
`the random access response, and
`PUSCH_RACH_power_offset is a power
`offset between the PUSCH and RACH.”
`(Qualcomm, 10:1-19).
`
`RACH_power “may be determined based on
`an open loop method.” (Qualcomm, 8:38-46;
`Ex. 1002, ¶¶[0077]-[0079]).
`
`“In one design, the transmit power of the first
`uplink message sent after successful
`transmission of the random access preamble
`may be determined as follows:
`Eq(4)
`PUSCH_power =
`
` RACH_power + PC_correction +
`PUSCH_RACH_power_offset” (Qualcomm,
`10:1-9; Ex. 1002, ¶¶[0067]-[0068]).).
`
`“RACH_power is the transmit power of the
`successful transmission of the random access
`preamble on the RACH.” (Qualcomm, 10:12-
`13).
`
`“In one design, the transmit power of the first
`uplink message sent after successful
`transmission of the random access preamble
`may be determined as follows:
`Eq(4)
`PUSCH_power =
`
` RACH_power + PC_correction +
`PUSCH_RACH_power_offset” (Qualcomm,
`10:1-9; Ex. 1002, ¶¶[0069]-[0076].
`
`“PC_correction is the PC correction received
`in the random access response.” (Qualcomm,
`
`
`4836-7459-5105.3
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`25
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`Case 6:14-cv-00982-KNM Document 160-1 Filed 11/18/15 Page 19 of 23 PageID #: 1860
`
`Inter Partes Review No.: Unassigned
`Petition For Inter Partes Review
`U.S. Patent No. 8,385,966
`
`
`US Pat. 8,385,966 (Claim 1)
`
`[1f] sending from a transmitter
`a third message on the uplink
`shared channel at the initial
`transmit power;
`
`[1g] wherein the second power
`control adjustment state f(i)
`for i=0 is initialized as:
`
`P0_UE_PUSCH +f(0)=ΔPPC
`+ΔPrampup;
`
`in which:
`
`
`[1h] P0_UE_PUSCH is a power
`control constant for the
`uplink shared channel that is
`specific for a user
`equipment executing the
`method;
`
`
`
`
`
`Qualcomm and TS 36.213
`10:16-17).
`
`“Kramp (m) is the amount of increase in
`transmit power for the m-th transmission [of a
`preamble].” (Qualcomm, 8:64-65).
`
`“power_ramp_up” in Eq[2] defining
`RACH_power (Qualcomm, 9:35).
`
`Equation 4 defines the variable PUSCH_power
`as “the transmit power of the message sent on
`the PUSCH.” (Qualcomm, 10:14-15; Ex.
`1002, ¶[0083]).
`
`“transmitters 754a through 754r” (Qualcomm,
`12:35-36).
`P0_UE_PUSCH can be zero. (‘966 patent, Claim 4;
`Ex. 1002, ¶¶[0069]-[[076])
`
`“PC_correction” (Qualcomm, 10:6-17) and
`“power_ramp_up.”( Qualcomm, 9:20-49) as
`used in PUSCH_power (Qualcomm, 10:6-7).
`
`
`P0_UE_PUSCH can be zero. (‘966 patent, Claim 4;
`Ex. 1002, ¶[0072])
`
`
`
`
`[1i] ΔPrampup is a ramp-up
`power for preamble
`transmissions; and
`
`
`“Kramp (m) is the amount of increase in
`transmit power for the m-th transmission [of a
`preamble].” (Qualcomm, 8:64-65);
`“power_ramp_up” in Eq[2] (Qualcomm, 9:35;
`Ex. 1002, ¶[0069]).
`
`
`4836-7459-5105.3
`
`26
`
`
`
`Case 6:14-cv-00982-KNM Document 160-1 Filed 11/18/15 Page 20 of 23 PageID #: 1861
`
`Inter Partes Review No.: Unassigned
`Petition For Inter Partes Review
`U.S. Patent No. 8,385,966
`
`
`US Pat. 8,385,966 (Claim 1)
`
`[1j] ΔPPC is a power control
`command indicated in a
`second message that is
`received in response to
`sending the first message.
`
`
`
`
`
`
`
`
`Qualcomm and TS 36.213
`
`
`“PC_correction is the PC correction received
`in the random access response.” (Qualcomm,
`10:16-17; Ex. 1002, ¶[0071]).
`
`Qualcomm also indicates that its disclosed embodiments can be implemented
`
`on “electronic hardware, computer software, or combinations of both.”
`
`(Qualcomm, 14:6-10). In addition, the:
`
`… steps of a method or algorithm described in connection with the
`disclosure herein may be embodied directly in hardware, in a software
`module executed by a processor, or in a combination of the two. A software
`module may reside in RAM memory, flash memory, ROM memory,
`EPROM memory, EEPROM memory, registers, hard disk, a removable disk,
`a CD-ROM, or any other form of storage medium known in the art.
`(14:37-44). Qualcomm also teaches that the disclosed embodiments can:
`
`… be implemented in hardware, software, firmware, or any combination
`thereof. If implemented in software, the functions may be stored on or
`transmitted over as one or more instructions or code on a computer-readable
`medium. Computer-readable media includes both computer storage media
`and communication media including any medium that facilitates transfer of a
`computer program from one place to another.
`
`
`4836-7459-5105.3
`
`27
`
`
`
`Case 6:14-cv-00982-KNM Document 160-1 Filed 11/18/15 Page 21 of 23 PageID #: 1862
`
`Inter Partes Review No.: Unassigned
`Petition For Inter Partes Review
`U.S. Patent No. 8,385,966
`
`
`(14:52-60). Accordingly, Qualcomm discloses that its teachings can be
`
`
`
`implemented on a “computer readable memory storing a computer program” (‘966
`
`patent, Claim 9), or an apparatus that includes “a processor; and a memory storing
`
`a computer program.” (‘966 patent, Claim 10; Ex. 1002, ¶[0084]).
`
`Based upon the above, Qualcomm and TS 36.213 disclose, suggest, or teach the
`
`features of independent Claims 1, 9, and 10. Most particularly, Qualcomm
`
`provides the claim features added to the independent claims during prosecution in
`
`order to overcome the prior art rejections, namely addition of the equation:
`
`P0_UE_PUSCH +f(0)=ΔPPC +ΔPrampup. Equation (4) of Qualcomm defines a transmit
`
`power for Message 3 that depends on a preamble transmit power, a PC correction
`
`(which is ΔPPC in the claimed equation as defined in the claim) and a
`
`power_ramp_up value (which is ΔPrampup in the claimed equation). Thus,
`
`Qualcomm and TS 36.213 disclose, suggest, or teach the claimed features of
`
`Claims 1, 9, and 10, including the same equation added by Patent Owner during
`
`prosecution to overcome prior art rejections.
`
`ii.
`
`Claims 3 and 12
`
`Although different in scope, Claims 3 and 12 include similar features.
`
`Specifically, they include a formula to initialize the “first power control adjustment
`
`state g(i) for i=0” as: P0_UE_PUCCH +g(0)=ΔPPC +ΔPrampup. As described above, the
`
`claim term P0_UE_PUCCH can be zero. (‘966 patent, 7:16-18; Ex. 1002, ¶[0
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