UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`TOYOTA MOTOR CORP. AND
`CONTINENTAL AUTOMOTIVE SYSTEMS, INC.
`
`Petitioners,
`
`v.
`INTELLECTUAL VENTURES II LLC
`
`Patent Owner.
`
`Case IPR2022-01127
`U.S. Patent No. 10,292,138
`
`DECLARATION OF DR. GARY LOMP IN SUPPORT OF
`PATENT OWNER’S PRELIMINARY RESPONSE
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`IPR2022-01127
`PATENT OWNER'S EXHIBIT 2001
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`TABLE OF CONTENTS
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`TABLE OF CONTENTS ........................................................................................... i
`I.
`INTRODUCTION .......................................................................................... 1
`II.
`PROFESSIONAL BACKGROUND .............................................................. 2
`III. RELEVANT LEGAL STANDARDS ............................................................ 5
`IV. RESOURCE MANAGEMENT IN WIRELESS NETWORKS .................... 8
`V.
`THE '138 PATENT ...................................................................................... 10
`A.
`Overview of Allocation Process in the '138 Patent ............................ 10
`B.
`System Disclosed for Implementing the Allocation Process ............. 12
`C.
`Limiting The Total Number of Queues Served.................................. 14
`D.
`First and Second Iterations of Allocation Process ............................. 15
`E.
`The Challenged Claims ...................................................................... 20
`VI. Claim Construction ....................................................................................... 21
`VII. The Petition’s Mapping of Peisa to the Challenged Claims ......................... 22
`A.
`Peisa Fails to Disclose the Claimed ‘First Iteration’ .......................... 22
`B.
`Peisa Fails to Disclose Performance of Both the ‘First Iteration’
`and the ‘Second Iteration’ Before the Selected Data is
`Transmitted ......................................................................................... 24
`DECLARATION ..................................................................................................... 27
`
`i
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`I, Dr. Gary Lomp, do hereby declare:
`
`I.
`
`INTRODUCTION
`
`1. I am making this Declaration at the request of Intellectual Ventures II LLC
`
`(“Intellectual Ventures”) in the matter of the Inter Partes Review (“IPR”)
`
`proceeding before the United States Patent and Trademark Office (“USPTO”) of
`
`U.S. Patent No. 10,292,138 (“the '138 Patent”) to provide expert technical opinions
`
`with respect to the '138 Patent.
`
`2. I am being compensated for my work in this matter at my standard hourly rate of
`
`$450 for such consulting services. My compensation in no way depends on the
`
`outcome of this case, and I have no financial interest in the outcome.
`
`3. In preparing this Declaration, I considered the following materials, the subject
`
`matter of which are all within the scope of my education and professional
`
`experience:
`
`• The '138 Patent, Ex. 1001;
`
`• The Petition for Inter Partes Review of U.S. Patent No. 10,292,138
`(“Pet.”);
`
`• Declaration of Dr. Robert Akl, Ex. 1003;
`
`• U.S. Patent No. 6,850,540 (“Peisa”), Ex. 1004.
`
`• U.S. Patent Application Publ. No. 2005/0047416 to Heo (“Heo”), Ex.
`1029.
`
`• TS 24.008 (Ex. 1005).
`
`-1-
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`II.
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`PROFESSIONAL BACKGROUND
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`4. Based on my qualifications, education, knowledge, expertise, experience, and
`
`work background, I believe I am qualified to offer opinions relating to the
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`technology described in the '138 Patent. Exhibit 2002 is a copy of my current
`
`curriculum vitae (“CV”), detailing my education and experience. Additionally, the
`
`following overview of my background pertains to my qualifications for providing
`
`expert testimony in this matter.
`
`5. I am currently an Adjunct Professor in Wireless Communications at the NYU
`
`Tandon School of Engineering and President of TekTactiks, a research and expert
`
`consulting company. My job duties include directing and performing research in,
`
`and technical evaluation of, advanced communication system design, especially
`
`new cellular technologies. I have over 43 years of experience in the field of
`
`wireless telecommunications, including advanced military communications
`
`systems, commercial satellite, WiFi and cellular systems research and
`
`development. I have over 15 years of experience in providing expert services in
`
`the field of wireless telecommunications. I hold Ph.D., Master’s and Bachelor’s
`
`degrees in Electrical Engineering, all from the Polytechnic Institute of New York
`
`(now part of NYU Tandon School of Engineering).
`
`6. I am a named inventor on over 100 issued U.S. Patents in the field of wireless
`
`telecommunications. Most of these patents pertain to wireless communication,
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`
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`
`-2-
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`including communication system architecture, communication system signal
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`processing and communication system protocols.
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`7. In addition to my technical experience in the field of wireless communications
`
`systems, I have been a principal and executive in multiple wireless technology
`
`corporations. In the late 1980s and early 1990s, I was Vice President and Chief
`
`Scientist at SCS Mobilecom, a wireless company that developed new technology
`
`based on spread spectrum technologies and advanced signal processing (DSP)
`
`techniques. Following the acquisition of SCS Mobilecom by InterDigital
`
`Communications, Corporation in 1992, I held various leadership roles at
`
`InterDigital, including General Manager of the Wireless Products Business Unit
`
`and Executive Vice President and Chief Technology Officer, where I helped
`
`develop 2G and 3G technologies. After InterDigital, I served in leadership
`
`positions at several wireless startups, including Symbol Technologies (where I led
`
`the Wide Area Wireless technology division), LayerOne Wireless Technologies
`
`Inc. (where I served as CEO) and incNetworks (where I served as CTO). I am also
`
`the Founder and President of The TekTacktiks Group, Inc. a private company that
`
`has provided expert services and telecommunications consulting in the
`
`Telecommunications industry for the past 15 years.
`
`8. In terms of commercial research and development (R&D) experience, I have
`
`worked extensively on the design and optimization of radio frequency (RF)
`
`
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`communications systems for enhanced capacity and service coverage. A further
`
`object of my work has been to realize systems that are “converged” or are
`
`ingredients in a converged network concept. Convergence means the technical
`
`integration of heterogeneous services (such as voice, data, and multimedia) and
`
`heterogeneous radio technologies (macrocellular, microcellular, WiFi, cordless
`
`phone) into a seamless operating unit. This work requires cross functional design
`
`in which the respective heterogeneous technologies are made to interoperate.
`
`9. During this career activity, I have had first-hand knowledge and exposure to
`
`numerous discussions, and debates in support of the advancement of new wireless
`
`technologies and paradigms. These new technologies addressed various air
`
`interface methods, including orthogonal frequency division multiplexing (OFDM)
`
`and Orthogonal Frequency Division Multiple Access (OFDMA), a closely related
`
`method of utilizing the OFDM format to provide shared access. My current
`
`research includes the presently evolving 5G cellular concept, which incorporates,
`
`among other things, MIMO-OFDM/OFDMA processing. As outlined above, my
`
`involvement in wireless R&D has also drawn me to fundamental system
`
`architecture issues and philosophies including the functional portioning of the
`
`overall wireless network. I have had the benefit of collaboration and debate with
`
`numerous top tier innovators, from many industry-leading organizations in the
`
`field. In particular, I have detailed knowledge and recollection of the atmosphere
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`
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`-4-
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`surrounding the ongoing wireless technology revolution that began in the late
`
`1980s and continues to the present day, including the period surrounding the
`
`present invention, and also including attempts by interested parties across the globe
`
`to promulgate and protect preferred ideas and intellectual property.
`
`10. With respect to the technologies relevant to the '138 Patent, my experience
`
`includes research, design and/or development of optimized communication
`
`systems comprising operating systems and protocols that control the use of radio
`
`resources.
`
`11. My CV contains further details on my education, experience, publications, and
`
`other qualifications to render an expert opinion in this case. Ex. 2002.
`
`III. RELEVANT LEGAL STANDARDS
`
`12. I have been asked to provide my opinion as to whether certain claims limitations
`
`of the '138 Patent are anticipated or rendered obvious by Peisa.
`
`13. The opinions I am expressing in this report involve the application of my
`
`knowledge and experience to the evaluation of certain references with respect to
`
`the '138 patent. My formal knowledge of patent law is no different than that of
`
`any lay person. Therefore, I have requested the attorneys from Volpe Koenig, who
`
`represent Intellectual Ventures, to provide me with guidance as to the applicable
`
`patent law in this matter. The paragraphs below express my understanding of how
`
`I must apply current principles related to patent validity to my analysis.
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`
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`-5-
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`14. I understand that an IPR is a proceeding before the USPTO for evaluating the
`
`patentability of an issued patent’s claims based on prior-art patents and printed
`
`publications.
`
`15. I understand that the claims of a patent are reviewed from the point of view of a
`
`hypothetical person of ordinary skill in the art (“POSITA”) at the time of the filing
`
`of the patent. The “art” is the field of technology to which a patent relates.
`
`16. I understand that in determining whether a patent claim is anticipated or obvious
`
`in view of the prior art, the Patent Office must apply the Phillips standard to
`
`construe the claim.
`
`17. I understand that, in this proceeding, Petitioners have the burden of proving that
`
`the challenged claims of the '138 Patent are unpatentable by a preponderance of
`
`the evidence. I understand that “preponderance of the evidence” means that a fact
`
`or conclusion is more likely true than not true.
`
`18. I understand that there are two ways in which prior art may render a patent claim
`
`unpatentable. First, the prior art can “anticipate” the claim. Second, the prior art
`
`can render the claim “obvious” to a POSITA. I understand that for an invention
`
`claimed in a patent to be patentable, it must not be anticipated and must not be
`
`obvious based on what was known before the invention was made. For purposes
`
`of this Declaration only, I have applied the definition of a POSITA proposed in the
`
`Petition.
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`
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`
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`-6-
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`19. I understand that a patent claim may be invalid as “anticipated” under 35 U.S.C. §
`
`102 if each and every limitation of the claim as construed by the court is found,
`
`either expressly or inherently, in a single prior art reference, such as a publication
`
`or patent, that predates the claimed subject matter. I also understand that a patent
`
`claim may be invalid as obvious under 35 U.S.C. § 103 if the differences between
`
`the subject matter claimed and the prior art are such that the claimed subject matter
`
`as a whole would have been obvious to a POSITA at the time the invention was
`
`made. I also understand that several factual inquiries underlie a determination of
`
`obviousness. These inquiries include (1) the scope and content of the prior art, (2)
`
`the level of ordinary skill in the field of the invention, (3) the differences between
`
`the claimed invention and the prior art, and (4) any objective evidence of non-
`
`obviousness (i.e., “secondary considerations”).
`
`20. I also understand that, when a party alleges obviousness based on a combination
`
`of references, that party should identify a reason why a POSITA would have been
`
`motivated to combine the asserted references in the manner recited in the claims
`
`and to explain why a POSITA would have had a reasonable expectation of success
`
`in making such combinations.
`
`21. I understand that an obviousness analysis permits the application of “common
`
`sense” in examining whether a claimed invention would have been obvious to a
`
`POSITA. For example, I understand that combining familiar elements according
`
`
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`to known methods and in a predictable way may suggest obviousness when such
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`a combination would yield nothing more than predictable results. And I understand
`
`a party asserting obviousness should still provide a specific motivation to combine
`
`the references as recited in the claims and explain why one would have reasonably
`
`expected to succeed in doing so.
`
`22. I understand that one indicator of nonobviousness is when a prior art reference
`
`leads in a different direction or discourages that combination, recommends steps
`
`that would not likely lead to the patent’s result, or otherwise indicates that a
`
`seemingly inoperative device would be produced.
`
`IV. RESOURCE MANAGEMENT IN WIRELESS NETWORKS
`
`23. The domain of the '138 Patent includes the management of radio resource
`
`allocations wherein “resources” are units of transmission capacity in a wireless
`
`network. Such resources can take many forms depending on the technology
`
`utilized in the wireless network. Examples are frequency subcarriers (e.g., in an
`
`OFDM(A) System), time slots (e.g., intervals of transmission set aside for a
`
`particular user in a TDMA system), spreading or orthogonal codes (e.g. PN codes
`
`or Walsh codes in a CDMA system).
`
`24. In most cases, in a wireless cellular communications system the allocated resources
`
`are activated (by a mobile terminal, designated in many systems as User
`
`Equipment, or UE, or a Radio Base Station, or BS), with a prescribed transmission
`
`
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`-8-
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`power level, as well as other physical parameters of the radio signal needed to
`
`effect reliable detection and synchronization of the signal. The aggregate of
`
`physical parameters that enable a quantum of communication using the allocated
`
`resources is characteristic of the system.
`
`25. Notwithstanding the particular system architecture, a fundamental principle of
`
`operation of a multiple access (MA) system in use today is the fair and efficient
`
`sharing of the radio channel by a plurality of users. In systems in use today, users
`
`are allocated resources temporarily via a moderated1 contention-based demand-
`
`assignment process. Users (also referred as subscribers or mobile terminals) must
`
`accept a limitation of the total data throughput available to them. Access
`
`procedures limit the number of users accessing the system to limits that permit the
`
`“active users” to enjoy reasonable throughput. Even with such procedures, it is
`
`necessary to manage the active user resource allocations to ensure that users
`
`receive timely resource allocations (without excessive delay) in a fair manner (so
`
`
`1 There are many forms of contention protocols. I use the adjective “moderated” here in reference
`to the fact that cellular telephone systems are organized and managed according to System
`Configuration and Status information that is disseminated among the system components,
`including the terminals that are in its service domain. Thus, terminals are able to discern certain
`information before attempting to access the system. This information allows the contention process
`to be “moderated”, as opposed to “blind”. In a blind contention process, access may be attempted
`without any foreknowledge of the probability of success. In a moderated system, availability
`information may be shared (broadcast), advising users of system availability before access is
`attempted. In any case, this aspect of system management is separate from the subject of the patent
`at issue.
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`that no user receives an allocation fraction greater than that user’s service profile
`
`prescribes).
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`26. In current systems, users may subscribe, in principle at least, to wireless network
`
`services under Service Level Agreements (SLA’s) that provide for differentiated
`
`Quality of Service (QoS) characteristics as a function of subscription and traffic
`
`carrying fee schedules. Quality of Service parameters include, among other things,
`
`throughput (cumulative information transfer per unit time), latency (delay), error
`
`rate (information symbols or packets received incorrectly) and allowable jitter (the
`
`random departure of the arrival time of information symbols or packets from the
`
`expected arrival time). The importance of the respective QoS parameters varies
`
`according to the nature of the user “traffic”, or data payload, intended for
`
`transmission over the radio access interface. For example, voice and video traffic
`
`is sensitive to delay and jitter but tolerates some errors. File transfers are not
`
`sensitive to moderate delay but are very sensitive to errors.
`
`V. THE '138 PATENT
`
`A. Overview of Allocation Process in the '138 Patent
`27. The '138 Patent addresses aspects of the following functions in a Radio Access
`
`Protocol:
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`•
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`•
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`•
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`•
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`Organizing user data packets2 according to their QoS Parameters.
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`Buffering user data packets in a transmission buffer for temporary
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`storage until resources are activated for transmission of the packets.
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`Prioritizing the transmission of the respective buffers’ contents.
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`Allocation of quanta of transmission resources in a manner that provides
`
`a means of withdrawing waiting (buffered) data and transmitting said
`
`data over the radio link.
`
`•
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`Management of the total number of separate radio bearers3 operating on
`
`the radio interfaces.
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`28. Specifically, the patent contemplates a plurality of data flows each having a QoS
`
`profile and associated with a radio bearer instance. Radio bearers are associated
`
`with queues (buffers) that serve to hold data while transmission is pending. Buffers
`
`also allow for the orderly sharing of radio resources by providing time for
`
`resources to become available. A method is disclosed that provides for a division
`
`of the overall available radio resource pool into Resource Allocation Units. The
`
`
`2 I use the term packet generically herein to refer to an aggregate of data symbols belonging to a
`service data stream. For example, a voice service breaks the information from a voice encoding
`process into blocks that are transmitted discretely (separately). Packets are also universal units of
`data (indeed, they are called Datagrams) in the internet protocol (IP) that carries information across
`the Internet.
`
`3 A Radio Bearer may be thought of as a “pipe” through which data can be transferred. Systems
`manage the pipes, and there is an overhead cost in such management, which increases with the
`number of pipes.
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`total amount of resources is therefore made available to a plurality of flows by
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`allocating partial resources to respective users.
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`29. The allocation process disclosed in the patent services users in a statistically fair
`
`fashion. In simple terms, the system keeps track of user “satisfaction” and ensures
`
`that satisfaction
`
`is uniform. The patent defines a quantity
`
`termed
`
`“Running_RAAU_delta,” that serves as a numerical measure of accumulated
`
`service excess or deficiency provided to each user. Using Running_RAAU_delta,
`
`the allocation process manages allocation priority in a fair manner.
`
`30. As explained in the '138 Patent, an aspect of the allocation of resources is to
`
`determine the number of resources to be allocated to service each queue. In
`
`situations where the system loading is sufficiently light, sufficient resources may
`
`be available to empty every queue entirely in each transmission interval. Under
`
`more general and more typical operating conditions, the method described in the
`
`patent allocates a share of available resources in each transmission interval in a
`
`manner that, for example, maintains equality of performance across users having
`
`the same QoS and SLA profile.
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`
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`B. System Disclosed for Implementing the Allocation Process
`
`
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`31. FIG. 5 of the ‘138 Patent illustrates a communication system for implementing
`
`the allocation process in the context of uplink scheduling. Ex. 1001 (‘138
`
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`Patent), Col. 5, Ll. 48-50. The system includes User Equipment (UE) 505 and a
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`Universal Mobile Telecommunication System Radio Access Network
`
`(UTRAN) 540. UE 505 receives a single PDP context 510 (packet-data
`
`connection) and “splits the single PDP context 510 into separate services on
`
`individual radio bearers in divider logic 515.” Id., Col. 10, Ll. 5-8. The UE
`
`then transmits “a message 535 indicating separate buffer occupancy for each of
`
`the radio bearers to a UTRAN scheduler 545.” Id., Col. 10, Ll. 8-10.
`
`
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`“The separate services on individual radio bearers are input to a UE mirror
`
`scheduler 525.” Id., Col. 10, Ll. 11-12. The UE mirror scheduler 525 receives
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`Service Tier (Stier) parameters 550 from the UTRAN 540, which are also input to
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`the UTRAN scheduler 545. Id., Col. 10, Ll. 13-16. The UTRAN scheduler 545
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`provides “a single allocation of a physical resource to the UE mirror scheduler 525
`
`within message 560.” Id., Col. 10, Ll. 17-18 (emphasis added). “The UE mirror
`
`scheduler 525 then informs the UTRAN 540 on its use of the physical allocation,
`
`“in order to transmit data in each radio bearer in proportion to the informed Stier
`
`parameters 550.” Id., Col. 10, Ll. 19-22. “Thus, within the UE 505, the Stier
`
`values are known, together with the total allocation of resources for the UE 505. …
`
`[T]he overall resources allocated by the network are now split up” based on the
`
`relative weighting values. Id., Col. 10, Ll. 23-28.
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`
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`C. Limiting The Total Number of Queues Served
`
`32. An important aspect of the allocation process disclosed in the '138 Patent
`
`involves limiting the total number of queues serviced to a subset of all queues.
`
`This aspect was intended to address signaling problems that may occur when a
`
`queue (or radio bearer) is allocated a very small proportion of the overall
`
`resources. As explained in the '138 Patent:
`
`… it may be the case that very small proportions of the overall
`resources are allocated to each RB. This may create signalling
`problems, as the mechanism may result in a large number of
`individual users being allocated some resource at any one time and
`each user will require a separate allocation message. Therefore, in an
`enhanced embodiment of the present invention, a mechanism to
`implement additional functionality to limit a total number of queues
`served, e.g. to be allocated resource allocation units, is described.
`Thus, this algorithm limits a number queues that can be allocated
`resource at any one instance, for example to an operator specified
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`value. The algorithm may also ensure that the ratio of allocated
`resource is maintained, over the long term, to the ratios specified by
`the Stier values. Id., Col. 10, Ll. 32-45 (emphasis added).
`
`33. In the disclosed embodiment, “max_number_queues_serviced” is the
`
`parameter used to limit the total number of queues serviced at any time to a
`
`subset of all queues:
`
`Referring now to FIG. 6, an algorithm 600 employing embodiments of
`the present invention is illustrated. The algorithm describes one
`mechanism to limit a number of queues served at a single instant of
`time. The algorithm may be run when a number of active users (i.e.
`those users known to have a buffer occupancy greater than zero in
`any queue) is greater than a known fixed parameter, for example
`'max_number_queues_serviced' … Id., Col. 10, Ll. 48-54 (emphasis
`added).
`
`It is clear that the ‘max_number_queues_serviced’ value corresponds to a
`
`
`
`subset of all queues, because it is used when the number of active users “is greater
`
`than” the ‘max_number_queues_serviced’ value.
`
`
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`D. First and Second Iterations of Allocation Process
`
`34. The '138 Patent describes its iterative allocation process in connection with
`
`Fig. 6 (reproduced below in annotated form). The process includes a “first
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`iteration” (steps 628-655) and a “second iteration” (steps 660-665).
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`35. The process begins at step 605 by determining a normalized weighting (W’q)
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`of the allocated resources.” Id., Col. 10, Ll. 57-58. Next, in step 610, the
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`process determines a number of resource allocation units (RAAU) allocated to
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`each queue using the following equation:
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`RAAUq = FreeRAAU * W’q
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`“Where:
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`RAAU represents a quantum of physical resource (codes and timeslots);
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`and
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`FreeRAAU is a number of free RAAU that the resource allocator (RA)
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`can share out.”
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`Id., Col. 11, Ll. 1-10.
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`36. Next, in step 615, the process determines whether “the number of queues that
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`have resources allocated is greater than” the max_number_queues_serviced
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`threshold. If so, RAAUq is recalculated in step 620 as follows:
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`RAAUq’ = RAAUq + running_RAAU_delta
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`“Where:
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`RAAUq is calculated in step 610, and
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`running_RAAU_delta is the running difference between the number of
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`RAAU that would be allocated without the limitation of the number of
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`queues serviced and the number of RAAU allocated with the limitation.”
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`Id., Col. 11, Ll. 11-31.
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`37. In step 625, “the queues are then ordered in order of RAAUq', beginning with
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`the highest queue.” Id., Col. 11, Ll. 39-40.
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`38. First Iteration (Steps 628-655)
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`The first iteration begins with the queues ordered in order of RAAUq'
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`beginning with the highest queue (from step 625). From that ordering, “[t]he
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`first max_number_queues_serviced queues are then selected, as shown in step
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`628.” Id., Col. 11, Ll. 39-42. In this step, a subset of all queues (corresponding
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`to the max_number_queues_serviced) is selected from the top of the ordering.
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`39. Next, the process adjusts the Nq values, where Nq “is the number of entries in
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`a queue Q.” Id., Col. 10, Ll. 65-66. Specifically, “[i]n all queues not selected
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`in step 628, the Nq’ value is set to zero as shown in step 630. In all of the tiers
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`that were selected in step 628, Nq' is set to Nq, as shown in step 635.” Id., Col.
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`11, Ll. 43-45.
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`40. Next, in step 640, the normalized weighting of allocated resources “(now
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`known as W’’q) may be recalculated using the Nq’ vector determined in step
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`635. [and the] modified number of RAAU, allocated to each queue, may then
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`be determined in step 645” as follows:
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`RAAUq’’ = round(FreeRAAU * W’’q)
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`“where round (…) rounds to the nearest integer.”
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`Id., Col. 11, Ll. 46-61.
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`In step 650, “the sum of all RAAU allocated may then be determined.” Id.,
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`Col. 11, Ll. 61-62.
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`41. In step 655, if the sum of all RAAU allocated is greater than freeRAAU
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`(which is possible following the rounding operation in step 645) then the
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`RAAUq" may be modified in step 655, as also described in the PCT publication
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`WO 03/049320.” Id., Col. 11, Ll. 62-67.
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`42. Second Iteration (Steps 660-665)
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`In the second iteration, the allocation algorithm addresses situations where the
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`volume of resources allocated to a given queue is less than that required, by
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`setting such queue’s RAAUq" to zero, and then reallocating the resources from
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`such queue to other queues. As the '138 Patent explains:
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`It is possible that the volume of resource allocated to the queue
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`may be less than that required given the cell edge state that the UE is
`in. For example, if the UE is in cell edge '2' then four RAAU will be
`needed as a minimum. Therefore, if the amount of RAAU allocated
`by RAAU tier" is less than the minimum required RAAU, given the
`cell edge state for any q, then RAAUq" may be set for one of the
`queues that has RAAUq" less than the minimum to zero, as shown in
`step 660. Here, it is noteworthy that there may be multiple queues
`below the minimum. Id., Col. 12, Ll. 1-11.
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`43. In Step 665, the spare resources (resulting from setting the RAAUq" to zero
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`for one or more queues in step 660) “are allocated first to any other queues that
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`are below the minimum. … If there are still spare resources, then any spare
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`resources are allocated in turn; one RAAU each to the queues that currently
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`have RAAUq" greater than zero. Id., Col. 12, Ll. 12-16.
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`44. Following the ‘Second Iteration” (Steps 660-665), “[t]he RAAUq" value is
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`then updated, as shown in step 670. The running difference, between the
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`actually allocated RAAU (RAAUq") and the originally determined allocated
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`RAAU RAAUq, is then updated, as shown in step 675” as follows:
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`running_RAAU_delta := running_RAAU_delta + (RAAUq-RAAUq”)”
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`Id., Col. 12, Ll. 12-2.
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`E. The Challenged Claims
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`45. The challenged claims of the '138 Patent include independent claims 1 and 8.
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`Claim 1 is exemplary and recites:
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`A user equipment (UE) comprising:
`a processor communicatively coupled to a transmitter and circuitry
`configured to receive; and
`the processor is configured to:
`cause the circuitry to receive parameters associated with a
`plurality of radio bearers,
`determine a plurality of buffer occupancies, wherein each of the
`plurality of buffer occupancies is associated with one or
`more radio bearers of the plurality of radio bearers,
`cause the transmitter to transmit a message including the
`plurality of buffer occupancies to a network,
`cause the circuitry to receive a single allocation of uplink
`resources,
`select data from the plurality of radio bearers for transmission
`using the single allocation of uplink resources, wherein
`the selection of the data occurs using a first iteration and
`a second iteration,
`wherein in the first iteration, the selection of the data is selected
`from a subset of the plurality of radio bearers based on
`the received parameters,
`wherein in the second iteration, the selection of the data is
`based on buffered data for respective radio bearers, and
`cause the transmitter to transmit a signal including the selected
`data.
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`46. Two aspects of claim 1 are noteworthy.
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`First, in the first iteration, “data is selected from a subset of the
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`plurality of radio bearers.” This subset corresponds to the
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`‘max_number_queues_serviced’ parameter discussed a