UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`ERICSSON INC. AND
`TELEFONAKTIEBOLAGET LM ERICSSON
`Petitioners
`
`v.
`
`INTELLECTUAL VENTURES I LLC
`Patent Owner
`____________
`
`Case No. Unassigned
`Patent 6,628,629
`____________
`
`PETITION FOR INTER PARTES REVIEW OF CLAIMS 1-4
`OF U.S. PATENT NO. 6,628,629
`
`

`

`Petition for IPR of U.S. Patent 6,628,629
`
`TABLE OF CONTENTS
`
`I.
`
`II.
`
`III.
`
`INTRODUCTION ............................................................................... 1
`Summary of Unpatentability Grounds .................................................. 1
`MANDATORY NOTICES, STANDING, AND FEES .................... 1
`Mandatory Notices ................................................................................ 1
`Certification of Grounds for Standing ................................................... 2
`Fees ........................................................................................................ 2
`OVERVIEW OF THE ’629 PATENT .............................................. 3
`Subject Matter of the ’629 Patent .......................................................... 3
`The Claims of the ’629 Patent ............................................................... 6
`The Priority Date of the Challenged Claims ......................................... 6
`SUMMARY OF PRIOR ART ............................................................ 8
`Packet Reservation Multiple Access (PRMA) ...................................... 9
`Sending IP Packets Over Wireless ATM ............................................16
`CLAIM CONSTRUCTION ............................................................. 23
`Isochronous .........................................................................................24
`No Periodic Variation ..........................................................................26
`Periodic Variation................................................................................27
`THERE IS A REASONABLE LIKELIHOOD THAT THE
`VI.
`CHALLENGED CLAIMS ARE UNPATENTABLE.........................................29
`Ground 1: The Combination of Dyson and Raychaudhuri Renders
`Claims 1, 3, and 4 Obvious Under 35 U.S.C. § 103 ...........................29
`Ground 2: The Combination of Dyson/Raychaudhuri and
`Chennakeshu Renders Claim 2 Obvious Under 35 U.S.C. § 103 .......59
`Ground 3: The Combination of Dyson/Raychaudhuri with Goodman
`and Yang Renders Claim 4 Obvious Under 35 U.S.C. § 103 .............67
`CONCLUSION .................................................................................. 74
`i
`
`IV.
`
`V.
`
`VII.
`
`

`

`Petition for IPR of U.S. Patent 6,628,629
`
`LIST OF EXHIBITS
`
`U.S. Patent No. 6,628,629 to Jorgensen (“the ’629 Patent”)
`
`CV of Zygmunt Haas
`
`Expert Declaration of Zygmunt Haas
`
`A Dynamic Packet Reservation Multiple Access Scheme for Wireless
`ATM by Deborah A. Dyson and Zygmunt J. Haas (“Dyson”)
`
`WATMnet: A Prototype Wireless ATM System for Multimedia
`Personal Communication by D. Raychaudhuri et al. (“Raychaudhuri”)
`
`U.S. Patent No. 5,020,056 to Chennakeshu (“Chennakeshu”)
`
`A Multimedia Synchronization Model and Its Implementation in
`Transport Protocols by Chun-Chuan Yang and Jau-Hsiung Huang
`(“Yang”)
`
`for Local Wireless
`Packet Reservation Multiple Access
`Communications by D.J. Goodman et al. (“Goodman”)
`
`PRMA/DA: A New Media Access Control Protocol for Wireless
`ATM by Jeong Geun Kim et al. (“Kim”)
`
`U.S. Patent No. 5,287,347 to Spanke
`
`IV Infringement Contentions, Exhibit B.
`
`Computer Dictionary & Handbook by Charles J. Sippl et al., 3rd ed.
`(1981) (“Computer Dictionary”)
`
`U.S. Provisional Patent Application No. 60/092542
`
`Computer Networks by Andrew S. Tanenbaum, 3rd ed. (1996)
`
`U.S. Patent No. 6,754,181 to Elliott
`
`U.S. Patent No. 5,185,860 to Wu
`
`Expert Declaration of Dr. Sylvia Hall-Ellis
`
`ii
`
`1001
`
`1002
`
`1003
`
`1004
`
`1005
`
`1006
`
`1007
`
`1008
`
`1009
`
`1010
`
`1011
`
`1012
`
`1013
`
`1014
`
`1015
`
`1016
`
`1017
`
`

`

`Petition for IPR of U.S. Patent 6,628,629
`
`1018
`
`1019
`
`1020
`
`1021
`
`1022
`
`“SWAN: An Indoor Wireless ATM network” by E. Hyden, et al.
`(1995)
`
`Mobile Cellular Telecommunications: Analog and Digital Systems by
`William C.Y. Lee, 2nd ed. (1995)
`
`NEC Combines High-Speed IP Packet Processing with ATM
`Switching, Japan Industrial Journal, May 22, 1998.
`
`RFC 2063
`
`RFC 1483
`
`iii
`
`

`

`Petition for IPR of U.S. Patent 6,628,629
`
`I. INTRODUCTION
`
`Ericsson
`
`Inc. and Telefonaktiebolaget LM Ericsson
`
`(collectively,
`
`“Petitioners”) request inter partes review (“IPR”) under 35 U.S.C. §§ 311-319 and
`
`37 C.F.R. § 42.100 et seq. of Claims 1-4 of U.S. Patent No. 6,628,629 (“the ’629
`
`Patent”).
`
`Petitioners assert that there is a reasonable likelihood that the challenged
`
`claims are unpatentable and request review of, and cancellation of, the challenged
`
`claims under 35 U.S.C. § 103.
`
`Summary of Unpatentability Grounds
`
`Ground
`1
`
`Summary
`Claims 1, 3, and 4 are obvious in view of Dyson and
`Raychaudhuri
`Claim 2 is obvious in view of Dyson, Raychaudhuri, and
`Chennakeshu
`Claim 4 is obvious in view of Dyson, Raychaudhuri, Goodman,
`and Yang
`II. MANDATORY NOTICES, STANDING, AND FEES
`
`2
`
`3
`
`Mandatory Notices
`
`Real Party in Interest: The real parties in interest are Ericsson Inc. and
`
`Telefonaktiebolaget LM Ericsson.
`
`Related Matters: The ’629 Patent is subject to a pending lawsuit entitled
`
`Intellectual Ventures I LLC v. T-Mobile USA, Inc. et al., Case No. 2:17-cv-00577-
`
`1
`
`

`

`Petition for IPR of U.S. Patent 6,628,629
`
`JRG (E.D. Tex.) in which Petitioners Ericsson Inc. and Telefonaktiebolaget LM
`
`Ericsson are defendants.
`
`Lead Counsel: Lead Counsel is Brian W. Oaks, Reg. No. 44,981 of Baker
`
`Botts L.L.P., and Back-up Counsel is Megan V. LaDriere, Reg. No. 75,995 of
`
`Baker Botts L.L.P.
`
`Service Information: Baker Botts L.L.P., 98 San Jacinto Boulevard, Suite
`
`1500, Austin, Texas 78701-4078; Tel. (512) 322-2500; Fax (512) 322-2501; Baker
`
`Botts L.L.P., 2001 Ross Ave., Suite 700, Dallas, Texas 75201; Tel. (214) 953-
`
`6500; Fax (214) 953-6503. Petitioners consent to service by electronic mail at
`
`Ericsson_629IPR@bakerbotts.com. A Power of Attorney is filed concurrently
`
`herewith under 37 C.F.R. § 42.10(b).
`
`Certification of Grounds for Standing
`
`Petitioners certify that the ’629 Patent is available for IPR. Petitioners are
`
`not barred or estopped from requesting IPR of the ’629 Patent.
`
`Fees
`
`The Office is authorized to charge any fees that become due in connection
`
`with this Petition to Deposit Account No. 02-0384, Ref. No. 017997.1308, as well
`
`as any additional fees that might be due in connection with this Petition.
`
`2
`
`

`

`Petition for IPR of U.S. Patent 6,628,629
`
`III. OVERVIEW OF THE ’629 PATENT
`
`Subject Matter of the ’629 Patent
`
`The ’629 Patent describes a wireless telecommunications network and a
`
`method for providing access to the wireless medium for transmission of data. Ex.
`
`1001, Abstract. The specification recognizes that quality of service (QoS) based on
`
`the
`
`type of
`
`traffic has conventionally been used
`
`in, and affected,
`
`the
`
`telecommunication networks. Ex. 1001, 2:49-51 (“Telecommunication networks
`
`such as voice, data and video networks have conventionally been customized for
`
`the type of traffic each is to transport.”); id. at 36:24-32 (“[D]ifferent kinds of
`
`traffic can be transmitted over an ATM network including voice, video, and data
`
`traffic. . . . ATM conventionally must discriminate between voice, video, and data
`
`traffic.”). While the ’629 Patent purports to provide a wireless telecommunications
`
`network with a superior quality of service, Ex. 1001, 3:40-41, the claims focus
`
`solely on isochronous reservation of slots in future frames.
`
`Specifically, in assigning the appropriate bandwidth to an IP flow, the
`
`system “provides for discrete slots for transmission of data, rather than allowing
`
`the transmission of data at any point.” Ex. 1001, 58:36-38. “In the present
`
`invention, an advanced reservation algorithm assigns future slots to data packets
`
`based on the priority of the IP data flow with which the packet is associated.” Id.
`
`3
`
`

`

`Petition for IPR of U.S. Patent 6,628,629
`
`at 61:37-40.
`
`The ’629 Patent specification explains that the system implements the
`
`“advanced reservation algorithm for use in scheduling, e.g., isochronous traffic,”
`
`and provides an example in Figure 14. Ex. 1001, 50:59-61. “FIG. 14 is an
`
`exemplary two-dimensional block diagram 1400 of the advanced reservation
`
`algorithm,” and illustrates “frames current frame, n 1402, and future frames, n+1
`
`1404, n+2 1406, n+3 1408, n+4 1410, n+5 1412, n+6 1414 . . . n+x 1416,
`
`representing frames of data packets to be transmitted at times n, n+1, n+2 . . . n+x.”
`
`Ex. 1001, 61:12-18. The ’629 Patent specification recognizes that certain types of
`
`traffic may require a particular assignment of slots and provides an example: “For
`
`calls that are sensitive to jitter, meaning calls that are time sensitive, it is important
`
`to maintain an isochronous (i.e., in phase with respect to time) connection. With
`
`such signals, it is important that the data be dispersed in the same slot between
`
`frames, or in slots having a periodic variation between frames.” Ex. 1001, 61:41-
`
`45. Figure 14 of the ’629 Patent illustrates two different types of isochronous
`
`reservations—one with no periodic variation and one with a periodic variation:
`
`4
`
`

`

`Petition for IPR of U.S. Patent 6,628,629
`
`The ’629 Patent provides a specific example of “vertical reservation 1480”
`
`(“no periodic variation” in the annotated Fig. 14 above) and explains that this
`
`vertical reservation “shows a jitter sensitive signal receiving the same slot [1422]
`
`for downlink communications in each frame” (e.g., frame n, frame n+1, frame n+2,
`
`etc.). Ex. 1001, 61:46-48; id. at 61:48-51 (“Specifically, the signal is assigned slot
`
`1422 in frames 1402-1416. If the frame-to-frame interval is 0.5 ms, then a slot will
`
`be provided to the IP flow every 0.5 ms.”). The ’629 Patent also provides an
`
`example of “diagonal reservation 1482” (“periodic variation” in annotated Fig. 14
`
`above) that shows “a jitter sensitive signal receiving a slot varying by a period of
`
`one between sequential frames.” Ex. 1001, 61:51-54 (“Specifically, the signal is
`
`5
`
`

`

`Petition for IPR of U.S. Patent 6,628,629
`
`assigned slot 1440 in frame 1402, slot 1438 in slot 1404, . . . slot 1426 in frame
`
`1416, to create a ‘diagonal.’ ”). The ’629 Patent specification uses the “advanced
`
`reservation algorithm” to “assign the slots from the highest priority to the lowest
`
`priority, exhausting the number of available slots in future frames.” Ex. 1001,
`
`62:18-21.
`
`The Claims of the ’629 Patent
`
`While the ’629 Patent’s description goes into detail about scheduling traffic
`
`based on the QoS requirements of particular applications, the challenged claims of
`
`the patent do not include such limitations. See Section III.A. Instead, the
`
`challenged claims of the ’629 Patent focus on isochronously assigning slots in
`
`multiple future transmission frames based on a reservation algorithm (i.e., the
`
`reservation mechanisms illustrated in Figure 14, reproduced above). However,
`
`these features were well known in the art before the ’629 Patent.
`
`As discussed in more detail below, the challenged claims are invalid in view
`
`of the prior art systems.
`
`The Priority Date of the Challenged Claims
`The ’629 Patent claims priority to a provisional application filed on July 10,
`
`1998. Ex. 1001. However, at least the claims challenged in this petition are not
`
`supported by the provisional application, and thus should not be afforded the
`
`earlier priority date.
`
`6
`
`

`

`Petition for IPR of U.S. Patent 6,628,629
`
`For example, Claim 1 recites “wherein said second data packet is placed in
`
`said second slot in an isochronous manner to the placing of said first data packet in
`
`said first slot.” Ex. 1001. The provisional application does not mention or
`
`otherwise disclose any sort of placement of the data packets, much less in an
`
`isochronous manner. As another example, Claim 1 recites a “reservation
`
`algorithm” that performs the reservation of the slots in future frames. The
`
`provisional application provides no detail or description of any “reservation
`
`algorithm” beyond generically reciting “[t]he number of contention time slots is
`
`controlled dynamically with a proprietary algorithm that responds to changing
`
`bandwidth utilization conditions.” Ex. 1013, p. 10. Nor does the provisional
`
`application provide any suggestion of reserving slots “in a future transmission
`
`frame based on said reservation algorithm,” as recited in Claim 1.
`
`Furthermore, Claim 2 recites “wherein there is a periodic variation between
`
`the placing of said first data packet in said first slot and the placing of second data
`
`packet in said second slot” and Claim 3 recites “wherein there is no periodic
`
`variation between the placing of said first data packet in said first slot and the
`
`placing of second data packet in said second slot.” The provisional application
`
`does not mention or otherwise disclose any sort of placement of the data packets,
`
`much less the placements that have “a periodic variation” or “no periodic
`
`7
`
`

`

`Petition for IPR of U.S. Patent 6,628,629
`
`variation.” Finally, Claim 4 recites “wherein said reservation algorithm determines
`
`whether said IP flow is jitter-sensitive.” As discussed above with regard to Claim
`
`1, the provisional application provides no detail or description of this “reservation
`
`algorithm” or having it identify anything about the IP flow.
`
`Accordingly, the priority date of Claim 1, and Claims 2-4 which depend
`
`therefrom, should be July 9, 1999, the filing date of the ’629 Patent.1 Ex. 1001.
`
`IV.
`
`SUMMARY OF PRIOR ART
`
`As explained by Dr. Haas in the attached expert declaration (Ex. 1003), the
`
`aspects of reserving slots in future frames recited in the claims of the ’629 Patent
`
`were well known before the claimed priority date. In addition to the extensive
`
`background knowledge that a person of ordinary skill in the art (“POSITA”) would
`
`have brought to bear on the subject matter discussed in the ’629 Patent, the
`
`following prior art demonstrates that the challenged claims would have been
`
`obvious to a POSITA.
`
`1 Petitioners note that because the dates of public availability of the prior art are all
`
`before the provisional date of July 10, 1998, the obviousness analysis applies
`
`regardless of whether the priority date of Claims 1-4 is July 9, 1999 or July 10,
`
`1998.
`
`8
`
`

`

`Petition for IPR of U.S. Patent 6,628,629
`
`Packet Reservation Multiple Access (PRMA)
`The claims of the ’629 Patent are directed to reserving isochronous slots of
`
`future frames for packets. See, e.g., Ex. 1001, Claim 1. As described below, both
`
`Goodman and Dyson disclose a scheme called “Packet Reservation Multiple
`
`Access” (“PRMA”) for reserving isochronous future slots for constant bit rate
`
`(CBR) packets transmitted in a wireless Asynchronous Transfer Mode (ATM)
`
`network.2 As discussed below, Goodman and Dyson disclose using PRMA in a
`
`system where the wireless bandwidth is divided in the time domain, so that
`
`multiple devices can share the bandwidth over time. Ex. 1008, p. 885-86; Ex.
`
`1004, p. 688. PRMA provides mobile terminals access to the shared frequency
`
`channel by reserving isochronous time slots in multiple future frames for
`
`transmission of packets between a mobile terminal and the network.
`
`Goodman, published in 1989, is one of the earliest disclosures regarding the
`
`PRMA scheme. Ex. 1003, ¶ 50. Dyson, published in 1997, incorporates the
`
`PRMA disclosure as it relates to CBR traffic, and further proposes enhancements
`
`2 An ATM network establishes a virtual circuit between two endpoints, such that
`
`data can be exchanged between the endpoints. Ex. 1019 at 628-29. In a wireless
`
`ATM network, these virtual circuits are established over the air interface between
`
`base stations and mobile terminals. Ex. 1019 at 628.
`
`9
`
`

`

`Petition for IPR of U.S. Patent 6,628,629
`
`for variable bit rate (VBR) traffic. Ex. 1004, p. 687.
`
`1. Goodman3
`Goodman discloses using the PRMA scheme in a wireless network where
`
`the wireless bandwidth is divided in the time domain such that multiple devices
`
`can share access to the bandwidth over time. Ex. 1008, p. 885-86. Goodman
`
`discloses that time slots are used to transmit data between the mobile terminals
`
`(referred to as “speech terminals”) and the base stations of the wireless network.
`
`Ex. 1008, p. 886. “The time slots are grouped into frames” and “[e]ach slot in a
`
`frame is recognized as ‘reserved’ or ‘available.’” Ex. 1008, p. 886. When a
`
`continuous transmission of speech/voice data (“a talkspurt”) begins, “the terminal
`
`uses the ALOHA protocol to contend for an available slot.” Id.; see Ex. 1003, ¶¶
`
`51-53.
`
`Without PRMA, under
`
`the conventional ALOHA and R-ALOHA
`
`techniques, “all slots are unreserved, and all periodic information packets [(e.g.,
`
`voice data)] must contend with transmissions from other terminals.” Ex. 1008, p.
`
`3 “Packet Reservation Multiple Access for Local Wireless Communications,” by
`
`D.J. Goodman, et al., (“Goodman”) was published by at least August 7, 1989, was
`
`publicly accessible at that time, and thus is §102(b) prior art. Ex. 1017, ¶¶ 35-39,
`
`50. Goodman was not considered during the prosecution of the ’629 Patent.
`
`10
`
`

`

`Petition for IPR of U.S. Patent 6,628,629
`
`887. Goodman recognized that these packet contention techniques “often make
`
`inefficient use of the shared transmission medium” and “when too many terminals
`
`try to communicate at once,” it may create “unpredictable, possibly long delays”
`
`that are “unattractive for voice transmission.” Ex. 1008, p. 886.
`
`To solve this problem, just like the ’629 Patent,4 Goodman discloses the
`
`PRMA protocol that builds on the ALOHA protocol, creating a technique where
`
`“time slots are dynamically reserved for packets from active voice terminals,”
`
`which allows for “a bandwidth efficiency improvement.” Id. In particular, rather
`
`than making the terminal contend for slots in each frame, Goodman discloses
`
`“[w]hen [the terminal] successfully transmits a speech packet, it reserves that slot
`
`in future frames and there are no subsequent collisions with packets from other
`
`terminals.” Id.
`
`Goodman recognized that “a variety of information sources . . . share the
`
`4 The ’629 Patent specification similarly explains that “[t]he radio contention
`
`method of the present invention builds upon aspects of the ‘Slotted Aloha’ method
`
`developed by L. Roberts in 1972, as a refinement of the ‘Aloha’ method developed
`
`by N. Abramson in the early 1970’s, and so-called bit-mapped reservation
`
`protocols.” Ex. 1001, 58:31-35.
`
`11
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`

`

`Petition for IPR of U.S. Patent 6,628,629
`
`same wireless access channel,” and that different information sources may have
`
`different kind of traffic. Ex. 1008, p. 885 (Abstract). Specifically, “some of the
`
`sources, such as speech terminals, are classified as ‘periodic’ and others, such as
`
`signaling, are classified as ‘random.’” Id.
`
`To ensure that slots are reserved in future frames for speech packets,
`
`Goodman discloses each terminal containing a “packet assembler,” a “sensitive
`
`voice activity detector” that distinguishes between “periodic information packets”
`
`and “random information packets.” Ex. 1008, p. 886; see also id. at p. 888
`
`(“speech activity detector”). Because “speech packets are always labeled as
`
`‘periodic,’” Goodman is able to identify voice data that needs to be treated with the
`
`PRMA reservation scheme. Specifically, once the packet assembler identifies the
`
`packet category (periodic or random), the “packet category is communicated by
`
`means of one bit of the packet header.” Id. at 887. “When the base station
`
`acknowledges accurate reception of a periodic information packet, the terminal that
`
`sent the packet reserves that time slot for future transmissions.” Id. Thus,
`
`Goodman discloses identifying voice packets, which were well known as being
`
`jitter sensitive, and utilizing the PRMA scheme to reserve isochronous slots in
`
`future frames to ensure that these voice packets are properly transmitted. Ex.
`
`12
`
`

`

`Petition for IPR of U.S. Patent 6,628,629
`
`1003, ¶¶ 54-55.5
`
`2. Dyson6
`Dyson discloses a “Dynamic Packet Reservation Multiple Access”
`
`(DPRMA) scheme in a wireless ATM network. Ex. 1004, p. 687. DPRMA is an
`
`extension of Goodman’s earlier PRMA protocol that is “more suited for the
`
`combination of both VBR and Constant Bit Rate (CBR) traffic.” Ex. 1004, p. 687;
`
`see also Ex. 1008, p. 889. In citing to Goodman, Dyson discloses that, as an
`
`extension of PRMA, the DPRMA scheme incorporates the functionality of PRMA
`
`for packetized voice transmission (i.e., CBR traffic). Ex. 1004, p. 688 (“[W]ith
`
`5 Goodman discloses that data packets (random information packets) continue to
`
`contend for every slot and that such data packets receive no future reservations.
`
`Ex. 1008, p. 887 (“When a random packet is successfully transmitted, the terminal
`
`does not obtain a time slot reservation. If it has other packets to send, it must
`
`contend for subsequent unreserved time slots.”).
`
`6 “A Dynamic Packet Reservation Multiple Access Scheme for Wireless ATM,” by
`
`Deborah A. Dyson and Zygmunt J. Haas (“Dyson”) was published by at least July
`
`8, 1997, was publicly accessible at that time, and is § 102(b) prior art. Ex. 1017, ¶¶
`
`30-34, 50. Dyson was not considered during the prosecution of the ’629 Patent.
`
`13
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`

`

`Petition for IPR of U.S. Patent 6,628,629
`
`only voice users present, the system reverts back into PRMA.”); id. p. 687
`
`(recognizing that PRMA is “one of the most noteworthy schemes for packetized
`
`voice transmission” and citing to Goodman paper [1]); id. (“[DPRMA] is based on
`
`the principles of PRMA.”); Ex. 1003, ¶¶ 56-59.
`
`As Dyson describes, users (i.e., mobile terminals) in a PRMA system share
`
`the resources of one frequency channel using a contention process to initially gain
`
`access to slots of the channel. Ex. 1004, p. 688 (“The PRMA protocol allows
`
`multiple users to share the resources of one frequency channel. The channel is
`
`divided into time slots which are grouped into frames. The size of the slots and
`
`frames are set such that a voice user’s packet generation rate matches its
`
`transmission rate when it transmits during one slot in each frame. All users
`
`contend for access to the channel using a method that is similar to Reservation
`
`ALOHA, R-ALOHA.”).7
`
`7 Before the PRMA reservation process is applied, the base station provides
`
`information about the availability of slots on the downlink channel, and then a user
`
`contends for an available slot. Ex. 1004, p. 688 (“Information about the
`
`availability of slots is provided by the base station on the downlink channel.”). If
`
`there is a collision, where multiple users attempt to transmit in the same slot, the
`
`user waits and attempts to transmit in the next available slot. Ex. 1004, p. 688 (“A
`
`14
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`

`

`Petition for IPR of U.S. Patent 6,628,629
`
`Dyson goes on to explain that, for CBR (e.g., voice) traffic, once a user in a
`
`PRMA network “is successful in transmitting in a slot, the same slot in every
`
`subsequent frame is reserved for this user.” Ex. 1004, p. 688. The process
`
`continues where “[e]ach user transmits in its reserved slot until it no longer has any
`
`more packets to send. Then the user leaves its next reserved slot empty, [which]
`
`informs the base station that the user releases its reservation and that slot can be
`
`made available for the transmission of other traffic.” Ex. 1004, p. 688. Thus, for
`
`voice traffic, DPRMA (like PRMA) reserves the same slot in subsequent, future
`
`frames for transmission of additional voice packets until the user has no more
`
`packets to transmit (e.g., the talkspurt ended).
`
`“The primary difference between the [PRMA and DPRMA] protocols is the
`
`manner in which reservations are made and resources are allocated for VBR
`
`sources.” Ex. 1004, p. 688. PRMA reserved future slots for voice traffic but did
`
`not have a mechanism for reserving slots for VBR traffic. Ex. 1004, p. 687
`
`(“Although PRMA is suitable for systems with voice and data traffic, there is no
`
`user who needs to gain access waits for an unused slot and then transmits in that
`
`slot with probability p. If a collision occurs, the user waits for the next available
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`slot and tries again with the same transmission probability.”).
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`Petition for IPR of U.S. Patent 6,628,629
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`mechanism
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`for accommodating users with changing
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`transmission
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`rate
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`requirements.”). DPRMA “allows the integration of both constant bit rate and
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`variable bit rate traffic that . . . permits users to specify their bandwidth
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`requirements” through “Reservation Request (RR) bits within the header of each
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`uplink time slot” and to “repeatedly update this information in order to reflect any
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`changes in their data rates.” Ex. 1004, Abstract, p. 688. Dyson regards this feature
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`as advantageous for dealing with VBR traffic, as it permits the system to
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`“determine the appropriate reservation request that ensures timely delivery of
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`traffic” as the rate of the VBR traffic varies. Ex. 1004, p. 698-90.
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`Sending IP Packets Over Wireless ATM
`The ’629 Patent includes claims directed to reserving slots for data packets
`
`of an IP flow in future transmission frames. As discussed above, Dyson discloses
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`reserving slots in future frames for transmission of packets in a wireless ATM
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`network but does not specify or limit that the packets must be data packets of an IP
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`flow. However, as evidenced below, it was well known that IP packets are one type
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`of packets transmitted over a wireless ATM network. Ex. 1003, ¶¶ 60-75.
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`Petition for IPR of U.S. Patent 6,628,629
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`1. Raychaudhuri8
`Raychaudhuri discloses a wireless ATM network (WATMnet)
`
`that
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`transports IP packets over an ATM connection in a wireless Time Division
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`Multiple Access (TDMA) network, where the wireless bandwidth is divided in the
`
`time domain so that multiple devices can share the bandwidth over time, just like
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`the ATM connections in the wireless networks of Goodman and Dyson discussed
`
`above. Ex. 1005 p. 469; Ex. 1003, ¶ 61.
`
`Figure 1 of Raychaudhuri, annotated below, discloses a “typical” network
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`structure incorporating wireless ATM. Ex. 1005, p. 469. The ATM network
`
`includes “a variety of multimedia computing devices (both fixed and portable)
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`communicat[ing] with each other and/or access[ing] information from remote
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`media servers.” Ex. 1005, p. 469. As illustrated in annotated Figure 1, the
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`portable devices, or “mobile terminals,” (annotated in red) connect to an ATM
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`8 “WATMnet: A Prototype Wireless ATM System for Multimedia Personal
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`Communication,” by D. Raychaudhuri et al. (“Raychaudhuri”) was published by at
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`least July 26, 1996, was publicly accessible at that time, and thus is § 102(b) prior
`
`art. Ex. 1017, ¶¶ 40-44, 50. Raychaudhuri was not considered during the
`
`prosecution of the ’629 Patent.
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`Petition for IPR of U.S. Patent 6,628,629
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`network base station (annotated in blue) over a wireless ATM (“WATM”)
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`connection. Ex. 1005, Fig. 1. Wireless ATM enables connection of the mobile
`
`terminals with the multimedia devices (e.g., media servers and multimedia PCs) in
`
`the wired ATM network, thus facilitating “seamless support of network-based
`
`multimedia applications on both fixed and portable devices.” Ex. 1005, p. 469.
`
`Raychaudhuri discloses that the mobile stations can communicate with
`
`devices in the wired ATM network using IP packets. Ex. 1005, p. 472
`
`(“Subsequent IP packets are transmitted over the same connection. The IP
`
`packets . . . are transmitted over wireless VC’s and pass through modules
`
`implementing the data link control (DLC) and medium access control (MAC)
`
`software.”). To implement the transmission of IP packets between the mobile
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`Petition for IPR of U.S. Patent 6,628,629
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`terminals and devices in the wired ATM network (via the base stations in the
`
`wireless ATM network), Raychaudhuri discloses inserting a “WATMnet network
`
`interface card (NIC)” into a mobile terminal, where the NIC includes support
`
`software such as “a loadable device driver.” Id.. This driver provides the mobile
`
`terminal with a network interface that can communicate using IP. Id. (“The driver
`
`also exports a network interface to the standard Linux IP and TCP code.”).
`
`Figure 3 of Raychaudhuri illustrates how the WATM driver is used to
`
`facilitate communication between a wireless terminal (“personal multimedia
`
`terminal”) and a media server on the wired ATM network via a WATM base
`
`station:
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`Petition for IPR of U.S. Patent 6,628,629
`
`At the mobile terminal, the WATM driver provides for communication using
`
`TCP/IP, as shown in annotated Fig. 3. Ex. 1005, p. 470-71. In order for the
`
`mobile terminal to communicate with the ATM network using TCP/IP, a WATM
`
`network interface unit (WATM NIU) is located in both the wireless terminal and
`
`the base station. Ex. 1005, p. 470-71. Once the mobile terminal sends data to the
`
`base station using WATM (e.g., TCP/IP) the base station converts the WATM to
`
`ATM cells, thus allowing the data to be used by the wired ATM switch and
`
`network. Ex. 1005, p. 470-71.
`
`Figure 6 of Raychaudhuri, annotated version below, provides further details
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`20
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`Petition for IPR of U.S. Patent 6,628,629
`
`of the WATM driver used to facilitate IP connectivity:
`
`As shown in the annotated Figure 6, Raychaudhuri discloses transmission of
`
`IP packets over the wireless ATM network—its WATMnet Device Driver
`
`implements “IP-over-ATM,” and communicates with the “TCP/IP Network
`
`Interface.” Raychaudhuri further discloses a process for transmitting IP packets
`
`over an ATM connection, specifically “[w]hen an IP packet is received for a new
`
`IP address,” it “establish[es] an ATM connection.” Ex. 1005 p. 472. The process
`
`continues when “[o]nce the connection is established, the saved IP packets are
`
`transmitted” and “[s]ubsequent IP packets are transmitted over the same
`
`connection.” Ex. 1005 p. 472. A POSITA would have understood that in order to
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`Petition for IPR of U.S. Patent 6,628,629
`
`be transmitted using a wireless ATM connection, the IP packets (or “datagrams”)
`
`would need to be fragmented into smaller packets (e.g., ATM cells), and then
`
`reassembled at the receiving unit. Ex. 1003, ¶¶ 72-75.
`
`Raychaudhuri explains the benefit of its WATMnet system as being
`
`“capable of providing integrated multimedia communication services to mobile
`
`terminals” such that there is “seamless support of network-based multimedia
`
`applications on both fixed and portable devices.” Ex. 1005, p. 469; Ex. 1003, ¶ 68.
`
`Specifically, Raychaudhuri discloses uses a dynamic MAC protocol that supports
`
`various transport services such as average bit rate (ABR), variable bit rate (VBR),
`
`and constant bit rate (CBR) transport services. Ex. 1005, p. 469. In the
`
`transmission of uplink information, Raychaudhuri discloses a “contention access
`
`(slotted ALOHA) control subframe, followed by reserved ABR, VBR, and CBR
`
`data slots.” Ex. 1005, p. 474.
`
`In handling CBR traffic, Raychaudhuri discloses that “CBR VCs are
`
`assigned fixed periodic slots according to the required bit-rate.” Id. Further, with
`
`CBR, “[t]he positions of the assigned slots within a MAC subframe are
`
`maintained relatively static in order to facilitate operation of low complexity
`
`telephone terminals and also to reduce the control signaling load on the wireless
`
`link.” Id. In other words, Raychaudhuri reserves slots over time for the CBR
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`Petition for IPR of U.S. Patent 6,628,629
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`traffic. Ex. 1003, ¶ 69. As explained above, Dyson treats CBR traffic in a similar
`
`manner, specifically reserving the same slot in each future subsequent frame until
`
`all voice packets are transmitted. See Section IV.A.2; Ex. 1004, p. 688.
`
`Thus, Raychaudhuri provides a system and process for transmitting IP
`
`packets/datagrams using a wireless ATM connection in order to provide integrated
`
`multimedia communication services to mobile terminals. Ex. 1003, ¶ 70.
`
`V. CLAIM CONSTRUCTION
`
`The Phillips standard governs interpretation o