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`Inter Partes Review of U.S. 7,269,127
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`ERICSSON INC. AND TELEFONAKTIEBOLAGET
`LM ERICSSON (“Ericsson”),
`Petitioner
`
`v.
`
`INTELLECTUAL VENTURES II LLC (“IV”),
`Patent Owner
`___________________
`
`Patent 7,269,127
`
`Title: PREAMBLE STRUCTURES FOR SINGLE-INPUT, SINGLE-OUTPUT
`(SISO) AND MULTI-INPUT, MULTI-OUTPUT, (MIMO) COMMUNICATION
`SYSTEMS
`_____________________
`
`DECLARATION OF ZYGMUNT J. HAAS, PH.D.
`UNDER 37 C.F.R. § 1.68
`
`I, Zygmunt Haas, do hereby declare:
`
`1.
`
`I am making this declaration at the request of Ericsson Inc. and
`
`Telefonaktiebolaget LM Ericsson (“Ericsson”) in the matter of the Inter Partes
`
`Review of U.S. Patent No. 7,269,127 (“the ’127 patent”) to Mody et al.
`
`2.
`
`In the preparation of this declaration, I have studied:
`
`(1) The ’127 Patent, ERIC-1001;
`
`(2) U.S. Patent No. 5,732,113 (“ Schmidl”), ERIC-1002;
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`
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`–1–
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`Ericsson v IV
`Page 1 of 125
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`Inter Partes Review of U.S. 7,269,127
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`___________________
`
`ERICSSON INC. AND TELEFONAKTIEBOLAGET
`LM ERICSSON (“Ericsson”),
`Petitioner
`
`v.
`
`INTELLECTUAL VENTURES II LLC (“IV”),
`Patent Owner
`___________________
`
`Patent 7,269,127
`
`Title: PREAMBLE STRUCTURES FOR SINGLE-INPUT, SINGLE-OUTPUT
`(SISO) AND MULTI-INPUT, MULTI-OUTPUT, (MIMO) COMMUNICATION
`SYSTEMS
`_____________________
`
`DECLARATION OF ZYGMUNT J. HAAS, PH.D.
`UNDER 37 C.F.R. § 1.68
`
`I, Zygmunt Haas, do hereby declare:
`
`1.
`
`I am making this declaration at the request of Ericsson Inc. and
`
`Telefonaktiebolaget LM Ericsson (“Ericsson”) in the matter of the Inter Partes
`
`Review of U.S. Patent No. 7,269,127 (“the ’127 patent”) to Mody et al.
`
`2.
`
`In the preparation of this declaration, I have studied:
`
`(1) The ’127 Patent, ERIC-1001;
`
`(2) U.S. Patent No. 5,732,113 (“ Schmidl”), ERIC-1002;
`
`
`
`–1–
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`Inter Partes Review of U.S. 7,269,127
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`(3) U.S. Patent No. 6,411,649 (“Arslan”), ERIC-1003;
`
`(4) U.S. Patent No. 7,012,881 (“ Kim”), ERIC-1004;
`
`(5)
`
`IEEE, Supplement
`
`to Standard
`
`for Telecommunications and
`
`Information Exchange Between
`
`Systems-LAN/MAN
`
`Specific
`
`Requirements-Part 11: Wireless MAC and PHY Specifications: High
`
`Speed Physical Layer in the 5-GHz Band, P802.11a/D7.0, July 1999,
`
`ERIC-1005;
`
`(6) U.S. Patent No. 6,298,035 (“Heiskala”), ERIC-1006;
`
`(7) Curriculum Vitae of Expert, ERIC-1007.
`
`3.
`
`In forming the opinions expressed below, I have considered:
`
`(1) The documents listed above, and
`
`(2) My knowledge and experience based upon my work in this area as
`
`described below.
`
`4.
`
`I am familiar with the technology at issue. I am also aware of the
`
`state of the art at the time the application resulting in the ’127 patent was filed. The
`
`earliest priority date is October 4, 2001. Based on the technologies disclosed in the
`
`’127 patent, I believe that one of ordinary skill in the art would include someone
`
`who has a B.S. degree in Electrical Engineering, Computer Engineering,
`
`Computer Science, or equivalent training, as well as three to five years of
`
`experience in the field of digital communication systems, such as wireless
`
`
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`cellular communication systems and networks. Unless otherwise stated, when I
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`
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`provide my understanding and analysis below, it is consistent with the level of
`
`one of ordinary skill in these technologies at and around the priority date of the
`
`’127 patent.
`
`I.
`
`QUALIFICATIONS
`
`5.
`
`I am a Professor and Distinguished Chair in Computer Science at the
`
`University of Texas at Dallas. I am also Professor Emeritus at the School of
`
`Electrical and Computer Engineering at Cornell University. In addition, I provide
`
`technical consulting services in intellectual property matters, during which I have
`
`written expert reports and provided deposition and trial testimony involving
`
`wireless communication technologies.
`
`6.
`
`My academic credentials include a Bachelor of Science Degree
`
`in Electrical Engineering, summa cum laude, from Technion (IIT), Israel, in
`
`1979 and a Master of Science Degree in Electrical Engineering, summa cum
`
`laude, from Tel-Aviv University, Israel, in 1985. I subsequently authored the
`
`thesis titled “Packet Switching in Fiber-Optic Networks” as part of earning
`
`my Ph.D. in Electrical Engineering from Stanford University in 1988.
`
`7.
`
`My professional background and technical qualifications are stated
`
`above and are also reflected in my Curriculum Vitae, which is attached as ERIC-
`
`1014. I am being compensated at a rate of $375.00 per hour, with reimbursement
`
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`for actual expenses, for my work related to this Petition for Inter Partes Review.
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`My compensation is not dependent on and in no way affects the substance of my
`
`statements in this Declaration.
`
`8.
`
`I have worked or consulted for about 35 years in the field of Electrical
`
`Engineering. My primary focus has been on communication and networking
`
`systems, with an emphasis on wireless communication networks. I have authored
`
`and co-authored numerous technical papers and book chapters related to wireless
`
`communication networks. I hold eighteen patents in the fields of high-speed
`
`networking, wireless networks, and optical switching.
`
`9.
`
`My employment history following my graduation from Stanford
`
`University began at the Network Research Department of AT&T Bell
`
`Laboratories in 1988. At AT&T Bell Laboratories, I pursued research on
`
`wireless communications, mobility management, fast protocols, optical
`
`networks, and optical switching. During my tenure at AT&T, I also worked
`
`for the AT&T Wireless Center of Excellence, where I investigated various
`
`aspects of wireless and mobile networks,
`
`including synchronization
`
`procedures between associated transmitters and receivers.
`
`10.
`
`Since 1995, I have been a Professor at the faculty of the School
`
`of Electrical & Computer Engineering at Cornell University. At Cornell, I
`
`headed the Wireless Networks Lab, which is an internationally recognized
`
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`research group with extensive contributions
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`in
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`the area of wireless
`
`communication systems and networks. In 2013, I retired from Cornell with
`
`the title of Emeritus professor and joined the Computer Science Department
`
`at the University of Texas at Dallas with the title of Professor and
`
`Distinguished Chair in Computer Science. At Cornell and at the University
`
`of Texas, I have taught dozens of courses related to computer networking and
`
`wireless communications. I have also served on various committees for the
`
`benefit of the scientific community.
`
`11.
`
`I am a member of a number of professional societies, including the
`
`Institute of Electrical and Electronic Engineers (IEEE) and the Association for
`
`Computing Machinery (ACM). In 2007, I was elevated to an IEEE Fellow. I have
`
`been responsible for organizing several workshops, and delivering numerous
`
`tutorials at major IEEE and ACM conferences. I have served as editor of several
`
`publications
`
`including
`
`the IEEE Transactions on Networking,
`
`the IEEE
`
`Transactions on Wireless Communications, the IEEE Communications Magazine,
`
`the Springer “Wireless Networks” journal, the Elsevier “Ad Hoc Networks”
`
`journal, the “Journal of High Speed Networks,” and the Wiley “Wireless
`
`Communications and Mobile Computing” journal. I have also been a guest editor
`
`of IEEE Journal on Selected Areas in Communications issues on “Gigabit
`
`Networks,” “Mobile Computing Networks,” and “Ad-Hoc Networks.” Finally, I
`
`
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`have served as the Chair of the IEEE Technical Committee on Personal
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`
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`Communications (TCPC).
`
`12.
`
`I have
`
`received multiple awards
`
`in
`
`the
`
`field of wireless
`
`communications and networks. In 2012, I received the IEEE ComSoc WTC
`
`Recognition Award, which recognizes individuals for outstanding technical
`
`contributions in the field for their service to the scientific and engineering
`
`communities.” Also in 2012, I received the “Best Paper Award for co-authoring
`
`“Collaborating with Correlation for Energy Efficient WSN” directed at Wireless
`
`Sensor Networking. I previously received the “Best Paper Award” for co-authoring
`
`“Optimal Resource Allocation for UWB Wireless Ad Hoc Networks” directed at
`
`personal indoor and mobile radio communications. Finally, in 2003, I received the
`
`“Highly Commended Paper Award” for co-authoring “Performance Evaluation of
`
`the Modified IEEE 802.11 MAC for Multi-Channel Multi-Hop Ad Hoc Network,”
`
`directed at advanced information networking and applications.
`
`13. A copy of my curriculum vitae is attached as ERIC-1008.
`
`Additional information regarding my education, technical experience and
`
`publications, including a list of the US patents of which I am an inventor/co-
`
`inventor, is included therein.
`
`II. MY UNDERSTANDING OF THE RELEVANT LEGAL STANDARDS
`
`14.
`
`I have been asked to provide my opinions regarding whether the
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`claims of the ’127 patent are anticipated or would have been obvious to a person
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`having ordinary skill in the art at the time of the alleged invention of the patent, in
`
`light of the prior art.
`
`Anticipation
`
`15.
`
`It is my understanding that, to anticipate a claim under 35 U.S.C. §
`
`102, a reference must teach every element of the claim.
`
`Obviousness
`
`16.
`
`It is my understanding that a claimed invention is unpatentable under
`
`35 U.S.C. § 103 if the differences between the invention and the prior art are such
`
`that the subject matter as a whole would have been obvious at the time the invention
`
`was made to a person having ordinary skill in the art to which the subject matter
`
`pertains. I also understand that the obviousness analysis takes into account factual
`
`inquiries including the level of ordinary skill in the art, the scope and content of the
`
`prior art, and the differences between the prior art and the claimed subject matter.
`
`17.
`
`I have been informed that the Supreme Court has recognized several
`
`rationales for combining references or modifying a reference to show obviousness
`
`of claimed subject matter. I understand some of these rationales include the
`
`following: combining prior art elements according to known methods to yield
`
`predictable results; simple substitution of one known element for another to obtain
`
`predictable results; use of a known technique to improve a similar device (method,
`
`
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`–7–
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`or product) in the same way; applying a known technique to a known device
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`(method, or product) ready for improvement to yield predictable results; choosing
`
`from a finite number of identified, predictable solutions, with a reasonable
`
`expectation of success; and some teaching, suggestion, or motivation in the prior art
`
`that would have led one of ordinary skill to modify the prior art reference or to
`
`combine prior art reference teachings to arrive at the claimed invention.
`
`III. FINDINGS
`
`18.
`
`The findings below are based on my understandings of the art related
`
`to the ’127 patent, as well as what I think one of ordinary skill in the art would
`
`understand, at the time period at and prior to October 4, 2001.
`
`Background Of ’127 Patent
`
`19. The ’127 patent relates to “communication systems and, more
`
`particularly, to single-input, single-output (SISO) and multi-input, multi-output
`
`(MIMO) communication systems.” ERIC-1001, 1:21-25. Systems that use “two
`
`or more transmit antennas and two or more receive antennas (i.e., multiple
`
`antennas) in a wireless communication system . . . are typically referred to as
`
`multi-input, multi-output (MIMO) communication systems.” See id. 1:31-36. “In
`
`contrast, traditional wireless communication systems typically employ one transmit
`
`antenna and one receive antenna, and such systems are referred to accordingly as
`
`single-input, single-output (SISO) systems.” See id. 1:36-40.
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`20. The ’127 patent discloses that “[t]he application of OFDM in a MIMO
`
`communication system (i.e., a MIMO OFDM system) increases the system’s
`
`capacity to transmit and receive information using approximately the same amount
`
`of bandwidth (i.e., transmission line capacity) as used in [] SISO OFDM systems.”
`
`See id. 2:41-50. Therefore, the ’127 patent focuses on MIMO communication
`
`systems, and states that “[i]n a MIMO communication system, signals are typically
`
`transmitted over a common path (i.e., channel) by multiple antennas.” See id.
`
`1:54-56. “The signals are typically pre-processed to avoid interference from other
`
`signals in the common channel” using a technique “known as space-time
`
`processing (STP)” that “processes and combines ‘preamble structures’ and ‘data
`
`structures’ into groups referred to herein as ‘frame structures.’” See id. 1:56-64.
`
`“Each frame structure generally includes a preamble structure followed by a data
`
`structure.” See id. 2:7-9. “Wireless communication systems typically transmit
`
`data, or information (e.g., voice, video, audio, text, etc.), as formatted data symbols
`
`(or information symbols), which are typically organized into groups referred to
`
`herein as data structures.” See id. 1:64-2:1. “The preamble structure contains an
`
`overhead for providing synchronization and parameter estimation, allowing a
`
`receiver to decode signals received from a transmitter.” See id. 2:1-3.
`
`21.
`
`“Training symbols are typically added as prefixes to the data
`
`structures (e.g., at the beginning of frame structure) to enable training (i.e., time
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`and frequency synchronization) between the transmitter and receiver of a MIMO
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`communication system.” See id. 2:10-14. “The training symbols provide coarse
`
`and fine time synchronization, coarse and fine frequency synchronization, channel
`
`estimation, and noise variance estimation” and “can be referred to as preambles
`
`and are part of the preamble structures.” See id. 3:37-39 and 2:14-15.
`
`“Furthermore, pilot structures (or pilots) are symbols that are also constructed by
`
`STP and have the same structure as preambles” and “[p]ilot blocks are typically
`
`transmitted with data blocks to calibrate (i.e., synchronize) the receiver [] to the
`
`transmitter [] on a small scale.” See id. 2:17-19, 7:26-28, and 7:40-42. “However,
`
`instead of being placed as a prefix to the data structure, the pilot structures are
`
`periodically arranged within groups of data symbols.” See id. 2:19-22.
`
`22. Regarding synchronization between a transmitter and a receiver, the
`
`’127 patent states that “[i]n SISO and MIMO wireless communication systems,
`
`synchronization of data symbols is typically required in both the time domain and
`
`the frequency domain.” See id. 2:56-58. “Estimation of parameters such as noise
`
`variance and other channel parameters is also typically required.” See id. 2:58-60.
`
`“Thus, an efficient preamble structure for use in wireless communication systems
`
`should provide both synchronization and parameter estimation.” See id. 2:60-62.
`
`23. The ’127 patent then proceeds to allege that “various shortcomings
`
`have been identified in existing preamble structures.” See id. 2:66-3:1.
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`Haas Decl.
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`Specifically, the ’127 patent states that “the IEEE Standard 802.11a preamble
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`structure includes a short sequence, which provides time synchronization and
`
`coarse frequency offset estimation, followed by a long sequence, which provides
`
`fine frequency and channel estimation.” See id. 3:1-5. The ’127 patent notes that
`
`“[a]lthough this preamble has application to SISO communication systems, it is not
`
`directly applicable to a MIMO communication system to provide the above-
`
`mentioned functions, without the need for significant modifications.” See id. 3:6-
`
`9. Finally, the ’127 patent states that “[m]oreover, there is considerable
`
`redundancy in the IEEE standard 802.11 a preamble structure, which reduces the
`
`system to put it hence the system efficiency.” See id. 3:10-12. The ’127 patent
`
`then concludes that, “[t]herefore, there is a need for an efficient preamble structure
`
`that provides time and frequency synchronization, estimation of parameters such as
`
`noise variance and channel parameters, and low PAPR when used with SISO and
`
`MIMO communication systems.” See id. 3:13-17.
`
`24. To that end, the ’127 patent proposes “a system for providing efficient
`
`preamble structures for use in single-input, single-output (SISO) and multi-input,
`
`multi-output (MIMO) communication systems.” See id. 3:21-24. Specifically, as
`
`discussed below in further detail, the ’127 patent proposes a communication
`
`system having a transmitter that transmits a frame structure containing a preamble
`
`structure and a data structure, the preamble structure including at least one training
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`symbol and an enhanced training symbol. See id. claims 1 and 20, and Fig. 6. The
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`’127 patent asserts that, “with the use of the enhanced training symbols [] in a
`
`SISO communication system, the synchronization can be enhanced and the system
`
`throughput may be increased,” and that “the use of the enhanced training symbols
`
`[] in a MIMO communication system also provides enhanced synchronization and
`
`hence increased system throughput.” See id. 16:15-21. Figure 6 of the ’127 patent
`
`illustrates the disclosed frame structure, and has been partially reproduced below to
`
`show the same.
`
`
`
`25. As evident from figure 6 of the ’127 patent, frame structure 68
`
`includes a preamble structure 70 followed by a data structure 72. See id. Fig. 6.
`
`Further, the preamble structure 70 includes the enhanced training symbol 79 and
`
`at least one training symbol 74, and the data structure 72 includes data symbols 80.
`
`See id. Finally, each of the enhanced training symbol 79 and the at least one
`
`training symbol 74 includes a cyclic prefix 76 having G samples and a training
`
`block 78 having NI samples, while each data symbol 80 includes a cyclic prefix 76
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`having G samples and a data block 82 having N samples. See id. The number of
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`samples (NI) in the training block 78 and the number of samples (N) in the data
`
`block 82 satisfy the relationship NI=N/I, where I is an integer, and the number of
`
`samples (G) in the cyclic prefix and the number of samples (N) in the data block
`
`82 satisfy the relationship G=N/4. See id. 11:48-62 and 14-26.
`
`26. Further describing the training symbols included in the preamble
`
`structure, the ’127 patent states that “[t]he short preamble structures with short
`
`periodic sequences can be contained within one symbol period to allow for greater
`
`amount of bandwidth available to transmit useful data or information.” See id
`
`13:1-6. “The entire length of the enhanced training symbol [] is Ts,” which “is
`
`equal to the length of only one symbol period in an OFDM or other space-time
`
`communication system.” See id. 13:39-40 and 16-19. “The enhanced training
`
`symbol 79 of length G+NI can be further subdivided into smaller sections for
`
`efficient synchronization and to perform frequency offset estimation over a wider
`
`range.” See id. 11:63-66. Basically, the ’127 patent describes the enhanced
`
`training symbol as a symbol that has a time-domain length equal to a single symbol
`
`(e.g., a single OFDM symbol), includes a cyclic prefix and a training block, and
`
`can be subdivided into a number of sections. For example, the enhanced training
`
`symbol may be subdivided into five (5) smaller sections, as illustrated in the below
`
`reproduced figure 7 of the ’127 patent(color annotation added).
`
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`27. The ’127 patent discloses that “each section [] of the enhanced
`
`training symbol [] is represented with the same type of sequence s1.” See id.
`
`13:48-49 and Fig. 7. The enhanced training symbol may perform various functions
`
`or may alternatively perform synchronization only. See id. 14:4-6. For example,
`
`with respect to figure 7 of the ’127 patent, the two sections included in interval 88
`
`comprise “sequences for performing time synchronization and coarse frequency
`
`offset estimation,” the two sections included in interval 90 comprise “sequences
`
`for providing parameter estimation, such as channel estimation and noise variance
`
`estimation,” and the four sections included in the interval 92 comprise “sequences
`
`for fine frequency offset estimation.” See id. 13:50-14:6.
`
`28. The ’127 patent also discloses a transmitter for transmitting the frame
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`structure discussed above. See id. Figs. 1-3. The ’127 transmitter comprises
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`several components including an encoder, a modulator, and an antenna. See id.
`
`Figure 1 of the ’127 patent illustrates the disclosed communication system, and is
`
`partially reproduced to show the transmitter of the communication system.
`
`
`
`29.
`
`In the ’127 transmitter, “[t]he encoder [] typically encodes data and/or
`
`other types of signals received . . . from a data source []” and “facilitates the
`
`transmission of signals across the channel [] by bundling the signals into groups,
`
`which are typically referred to as space-time signal structures.” See id. 5:13-15
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`and 25-28. For example, “[t]he pilot/training symbol inserter [] typically provides
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`pilot blocks that are inserted into (or combined with) the data blocks . . ..” See id.
`
`7:22-25. The ’127 transmitter also comprises “one or more modulators [] that are
`
`configured to modulate signals for transmission over the channel [].” See id. 5:31-
`
`34. In the ’127 patent, “the modulators [] are typically connected to the encoder”
`
`and “may employ various modulation techniques, such as SCFDE or OFDM.” See
`
`id. 5:34-35. Figure 3 of the ’127 patent illustrates the disclosed modulator.
`
`
`
`30. As evident from figure 3 of the ’127 patent, the modulator includes
`
`components such as an inverse discrete Fourier transform (IDFT) stage that
`
`converts training blocks and data blocks from the frequency domain to the time
`
`domain to produce associated time domain samples, and a cyclic prefix inserter
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`ERIC-1009 / Page 16 of 125
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`Haas Decl.
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`that inserts additional samples as guard intervals to each of the training blocks and
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`Inter Partes Review of U.S. 7,269,127
`
`
`
`data blocks. See id. Fig. 3 and 8:1-18. The output training blocks and data blocks
`
`are further processed by a digital-to-analog converter (DAC), a mixer, a local
`
`oscillator, and an amplifier prior to being transmitted by the antenna over the
`
`channel. See id. 8:19-34.
`
`31.
`
`Independent claims 1 and 20 of the ’127 patent are exemplary of the
`
`features disclosed therein, and recite:
`
`A transmitter of a communication system, the transmitter
`
`1.
`comprising:
`the
`inserter,
`an encoder having a pilot/training symbol
`pilot/training symbol inserter configured to insert pilot symbols into
`data blocks and to combine training symbols with the data blocks;
`at least one modulator, each modulator having an inverse
`discrete Fourier transform (TDFT) stage and a cyclic prefix inserter,
`each modulator outputting a frame structure comprising a preamble
`structure and a data structure, the preamble structure comprising at
`least one training symbol and an enhanced training symbol; and
`at
`least one
`transmit antenna, each
`transmit antenna
`corresponding to a respective one or the at least one modulator, each
`transmit antenna transmitting the frame structure output from the
`corresponding modulator, wherein the enhanced training symbol is a
`single symbol.
`
`20. A method of forming a frame structure that is transmitted
`in a communication system, the method comprising the steps of:
`providing data blocks;
`providing training blocks;
`combining the data blocks and training blocks in a parallel
`format to provide a parallel combination;
`taking an inverse discrete fourier transform (IDFT) of the
`parallel combination to form IDFT blocks;
`inserting the cyclic prefixes between the IDFT blocks to form
`
`
`
`–17–
`
`
`
`ERIC-1009 / Page 17 of 125
`
`
`
`Haas Decl.
`
`
`
`
`Inter Partes Review of U.S. 7,269,127
`
`parallel symbols;
`converting the parallel symbols to serial format to form a
`preamble structure and a data structure, the preamble structure
`comprising at least one training symbol and an enhanced training
`symbol; the data structure comprising a plurality of data symbols;
`forming data symbols such that each data symbol comprises a
`cyclic prefix and a data block, the cyclic prefix having a number of
`samples G, the data block having a number of samples N; and
`forming a preamble structure having an enhanced training
`symbol, the enhanced training symbol comprising a cyclic prefix
`and a training block, the cyclic prefix having a number of samples
`G, the training block having a number of samples NI such that
`NI=N/I, where I is an integer and G=NI/4.
`
`32. These practices were well-known in the art prior to the priority date of
`
`the ’127 patent. In particular, references teaching the transmitter and the preamble
`
`structure for improved synchronization disclosed in the ’127 patent were available
`
`to those of ordinary skill in the art at or around the priority date of the ’127 patent.
`
`Meaning of Certain Terms of the ’127 Patent
`
`33.
`
`It is my understanding that in order to properly evaluate the ’127 patent,
`
`the terms of the claims must be defined. It is my understanding that the claims are to be
`
`given their broadest reasonable interpretation in light of the specification. It is my
`
`further understanding that claim terms are given their ordinary and accustomed
`
`meaning as would be understood by one of ordinary skill in the art, unless the inventor,
`
`as a lexicographer, has set forth a special meaning for a term. The discussion of the
`
`claim terms below is my opinion regarding each of the referenced terms, as defined in
`
`accordance with the broadest reasonable construction standard, and based on the
`
`
`
`–18–
`
`
`
`ERIC-1009 / Page 18 of 125
`
`
`
`Haas Decl.
`
`understanding of a person of ordinary skill in the art.
`
`
`
`Inter Partes Review of U.S. 7,269,127
`
`34. The ’127 patent uses the terms “frame structure” in the claims and
`
`detailed description. The ’127 patent does not set forth a special meaning for the
`
`above terms. However, the ’127 patent describes the above terms as groups containing
`
`combinations of preamble structures and data structures. See ERIC-1001, 1:60-64. In
`
`particular, the ’127 patent states that “[o]ne such technique, known as space-time
`
`processing (STP), processes and combines ‘preamble structures’ and ‘data structures’
`
`into groups referred to herein as ‘frame structures.’” See id. The ’127 patent also states
`
`that “[e]ach frame structure generally includes a preamble structure followed by a
`
`data structure.” See id. 2:7-9. Finally, the ’127 patent illustrates a frame structure
`
`in figure 6, partially reproduced below to show frame structure 68.
`
`
`
`Therefore, these terms should be given their broadest reasonable interpretation to
`
`one of ordinary skill in the art in view of the specification and the ordinary and
`
`accustomed meaning of the terms. Thus, based on the above discussion, one of
`
`ordinary skill in the art would understand the terms “frame structure” to mean a unit of
`
`transmission comprising a preamble structure followed by a data structure.
`
`
`
`–19–
`
`
`
`ERIC-1009 / Page 19 of 125
`
`
`
`Haas Decl.
`
`
`
`
`Inter Partes Review of U.S. 7,269,127
`
`35. The ’127 patent uses the terms “preamble structure” in the claims and the
`
`detailed description. The ’127 patent does not set forth a special meaning for the above
`
`terms. However, the ’127 patent describes the above terms as structures containing “an
`
`overhead for providing synchronization and parameter estimation, allowing a receiver
`
`to decode signals received from a transmitter.” See id. 2:1-3. The ’127 patent also
`
`states that “[e]ach frame structure generally includes a preamble structure followed
`
`by a data structure.” See id. 2:7-9. Further, the ’127 patent also states that
`
`“[t]raining symbols are typically added as prefixes to the data structures (e.g., at
`
`the beginning of frame structure) to enable training (i.e., time and frequency
`
`synchronization) between the transmitter and receiver . . ..” and that “[t]hese
`
`training symbols can be referred to as preambles and are part of the preamble
`
`structures.” See id. 2:10-15. Finally, the ’127 patent illustrates a frame structure in
`
`figure 6, partially reproduced below to emphasize preamble structure 70 (color
`
`annotation added).
`
`Therefore, these terms should be given their broadest reasonable interpretation to
`
`one of ordinary skill in the art in view of the specification and the ordinary and
`
`
`
`
`
`–20–
`
`
`
`ERIC-1009 / Page 20 of 125
`
`
`
`Haas Decl.
`
`accustomed meaning of the terms. Thus, based on the above discussion, one of
`
`Inter Partes Review of U.S. 7,269,127
`
`
`
`ordinary skill in the art would understand the terms “preamble structure” to mean a
`
`portion of the frame structure located near the beginning of the frame structure, before
`
`the data structure, and comprising at least two training symbols.
`
`36. The ’127 patent uses the terms “data structure” in the claims and the
`
`detailed description. The ’127 patent does not set forth a special meaning for the above
`
`terms. However, the ’127 patent describes that “data structures” follow the preamble
`
`structures within the frame structure, and include transmit data or information organized
`
`as data symbols. See id. 1:64-2:1. In particular, the ’127 patent states that “[w]ireless
`
`communication systems typically transmit data, or information . . . as formatted data
`
`symbols . . . which are typically organized into groups referred to herein as data
`
`structures.” See id. Finally, the ’127 patent illustrates a frame structure in figure 6,
`
`partially reproduced below to emphasize data structure 72 (color annotation added).
`
`Therefore, these terms should be given their broadest reasonable interpretation to
`
`one of ordinary skill in the art in view of the specification and the ordinary and
`
`accustomed meaning of the terms. Thus, based on the above discussion, one of
`
`
`
`
`
`–21–
`
`
`
`ERIC-1009 / Page 21 of 125
`
`
`
`Haas Decl.
`
`ordinary skill in the art would understand the terms “data structure” to mean a portion
`
`Inter Partes Review of U.S. 7,269,127
`
`
`
`of the frame structure following the preamble structure and comprising at least one
`
`data symbol.
`
`37. The ’127 patent uses the terms “pilot symbol” in the claims and the
`
`detailed description. The ’127 patent does not set forth a special meaning for the above
`
`terms. However, the ’127 patent states that “[t]he term pilot blocks, as used in this
`
`description, refers to symbols provided by the pilot/training symbol inserter 46, which
`
`are inserted periodically into the data blocks,” and that “[p]ilot blocks are typically
`
`transmitted with data blocks to calibrate (i.e., synchronize) the receiver 16 to the
`
`transmitter 14 on a small scale.” See id. 7:26-28 and 7:40-42. Further, the ’127 patent
`
`states that “[t]ypically, pilot symbols may be inserted at any point in the data blocks.”
`
`See id. 7:28-30. Therefore, these terms should be given their broadest reasonable
`
`interpretation to one of ordinary skill in the art in view of the specification and the
`
`ordinary and accustomed meaning of the terms. Thus, based on the above discussion,
`
`one of ordinary skill in the art would understand the terms “pilot symbol” to mean a
`
`symbol located in the data structure and used for performing synchronization.
`
`38. The ’127 patent uses the terms “training symbol” in the claims and the
`
`detailed description. The ’127 patent does not set forth a special meaning for the above
`
`terms. However, the ’127 patent states that “[t]raining symbols are typically added as
`
`prefixes to the data structures (e.g., at the beginning of frame structure) to enable
`
`
`
`–22–
`
`
`
`ERIC-1009 / Page 22 of 125
`
`
`
`Haas Decl.
`
`training (i.e., time and frequency synchronization) between the transmitter and
`
`Inter Partes Review of U.S. 7,269,127
`
`
`
`receiver . . ..” See id. 2:10-14. Further, the ’127 pate
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