Unified Patents Inc. v. General Access Solutions, LTD., IPR2017-01178 (PTAB March 30, 2017) (Petition)

DOCKET NO.
: 2211726-00139
Filed on behalf of Unified Patents Inc.
By: David L. Cavanaugh, Reg. No. 36,476
Daniel V. Williams, Reg. No. 45,221
Wilmer Cutler Pickering Hale and Dorr LLP
1875 Pennsylvania Ave., NW
Washington, DC 20006
Tel: (202) 663-6000
Email: David.Cavanaugh@wilmerhale.com
Jonathan Stroud, Reg. No. 72,518

Ashraf Fawzy, Reg. No. 67,914
Unified Patents Inc.
1875 Connecticut Ave. NW, Floor 10
Washington, DC, 20009
Tel: (202) 805-8931
Email: jonathan@unifiedpatents.com
UNITED STATES PATENT AND TRADEMARK OFFICE

____________________________________________
BEFORE THE PATENT TRIAL AND APPEAL BOARD

____________________________________________
UNIFIED PATENTS INC.

Petitioner
v.
GENERAL ACCESS SOLUTIONS, LTD., f/k/a ACCESS SOLUTIONS, LTD.

Patent Owner
IPR2017-01178
Patent 9,225,555
PETITION FOR INTER PARTES REVIEW OF

US PATENT 9,225,555
CHALLENGING CLAIMS 1-20
UNDER 35 U.S.C. 312 AND 37 C.F.R. 42.104
IPR2017-01178
US Patent No. 9,225,555
TABLE OF CONTENTS
Page
I. MANDATORY NOTICES ............................................................................. 1
A. Real Party-in-Interest ............................................................................ 1

B. Related Matters...................................................................................... 1
C. Counsel .................................................................................................. 2
D. Service Information, Email, Hand Delivery and Postal ........................ 2
II. CERTIFICATION OF GROUNDS FOR STANDING .................................. 2
III. OVERVIEW OF CHALLENGE AND RELIEF REQUESTED .................... 2
A. Prior Art Patents and Printed Publications ............................................ 3
1. US Pat. 6,816,706 (filed on September 8, 2000; issued on

November 9, 2004) (Hohnstein (EX1002)), which is prior art
under 35 U.S.C. 102(e); ........................................................... 3
2. Personal Wireless Communication with DECT and PWT by
John A. Phillips and Gerard Mac Namee, Artech House
Publishers, ISBN 0-89006-872-0 (copyrighted in 1998;
received by the Library of Congress on October 7, 1998)
(Phillips (EX1003)), which is prior art under 35 U.S.C.
102(b); and .................................................................................. 3
3. US Pat. 5,722,051 (filed on February 13, 1996; issued on
February 24, 1998) (Agrawal (EX1005)), which is prior art
under 35 U.S.C. 102(b). ........................................................... 3
B. Grounds for Challenge .......................................................................... 4
IV. TECHNOLOGY BACKGROUND................................................................. 4
V. OVERVIEW OF THE 555 PATENT ............................................................ 6
A. Summary of the Alleged Invention ....................................................... 6

B. Level of Ordinary Skill in the Art ....................................................... 10
C. Prosecution History ............................................................................. 10
VI. CLAIM CONSTRUCTION .......................................................................... 13
A. Wireless Communication Device ........................................................ 14
i
IPR2017-01178
VII. SPECIFIC GROUNDS FOR PETITION ...................................................... 15
A. Ground I: Claims 1-20 are rendered obvious by Hohnstein in view of

Phillips ................................................................................................. 15
1. Overview of Hohnstein ............................................................. 15

2. Overview of Phillips ................................................................. 21
3. Claim 1 is obvious in view of Hohnstein and Phillips. ............ 23
12. Claim 10 is obvious in view of Hohnstein and Phillips. .......... 49
B. Ground II: Claims 1-20 are rendered obvious by Hohnstein and

Agrawal ............................................................................................... 56
1. Overview of Agrawal ................................................................ 56

2. Claim 1 is obvious in view of Hohnstein and Agrawal. ........... 57
ii
IPR2017-01178
11. Claim 10 is obvious in view of Hohnstein and Agrawal. ......... 67
VIII. CONCLUSION.............................................................................................. 72
iii
IPR2017-01178
I. MANDATORY NOTICES
A. Real Party-in-Interest
Pursuant to 37 C.F.R. 42.8(b)(1), Unified Patents Inc. (Unified or
Petitioner) certifies that Unified is the real party-in-interest, and further certifies
that no other party exercised control or could exercise control over Unifieds
participation in this proceeding, the filing of this petition, or the conduct of any
ensuing trial. In this regard, Unified has submitted voluntary discovery. See
EX1019 (Petitioners Voluntary Interrogatory Responses).
B. Related Matters
US Pat. No. 9,225,555 (555 patent (EX1001)) is owned by General
Access Solutions, Ltd.1 (General Access Solutions or Patent Owner).
The 555 patent is the subject of the following district court proceedings:
General Access Solutions, Ltd. v. Pantech Co., Ltd. et al, 2:16-cv-01348-
RWS (E.D. Tex.); General Access Solutions, Ltd. v. LG Electronics, Inc. et al,
2:16-cv-01349-RWS (E.D. Tex.); General Access Solutions, Ltd. v. Novatel
1
The assignee listed on the face of the 555 patent is Access Solutions, Ltd. The
public Patent Application Information Retrieval (PAIR) system does not list
assignee information for the 555 patent. Petitioner understands that Access
Solutions, Ltd. has changed its name to General Access Solutions, Ltd.
1
IPR2017-01178
Wireless, Inc., 2:16-cv-01350-RWS (E.D. Tex.); General Access Solutions, Ltd. v.
Xiaomi, Inc., 2:16-cv-01351-RWS (E.D. Tex.).
C. Counsel
David L. Cavanaugh (Reg. No. 36,476) will act as lead counsel; Jonathan
Stroud (Reg. No. 72,518), Ashraf Fawzy (Reg. No. 67,914), and Daniel Williams
(Reg. No. 45,221) will act as back-up counsel.
D. Service Information, Email, Hand Delivery and Postal

Unified consents to electronic service at david.cavanaugh@wilmerhale.com
and jonathan@unifiedpatents.com. Petitioner can be reached at Wilmer Cutler
Pickering Hale and Dorr, LLP, 1875 Pennsylvania Ave., NW, Washington, DC
20006, Tel: (202) 663-6000, Fax: (202) 663-6363, and Unified Patents Inc., 1875
Connecticut Ave. NW, Floor 10, Washington, DC 20009, (650) 999-0899.
II. CERTIFICATION OF GROUNDS FOR STANDING

Petitioner certifies pursuant to Rule 42.104(a) that the patent for which
review is sought is available for inter partes review and that Petitioner is not
barred or estopped from requesting an inter partes review challenging the patent
claims on the grounds identified in this Petition.
III. OVERVIEW OF CHALLENGE AND RELIEF REQUESTED

Pursuant to Rules 42.22(a)(1) and 42.104(b)(1)(2), Petitioner challenges
claims 1-20 of the 555 Patent.
2
IPR2017-01178
A. Prior Art Patents and Printed Publications
The following references are pertinent to the grounds of unpatentability
explained below:2
1. US Pat. 6,816,706 (filed on September 8, 2000; issued on

November 9, 2004) (Hohnstein (EX1002)), which is prior art
under 35 U.S.C. 102(e);
2. Personal Wireless Communication with DECT and PWT by
John A. Phillips and Gerard Mac Namee, Artech House
Publishers, ISBN 0-89006-872-0 (copyrighted in 1998;
received by the Library of Congress on October 7, 1998)
(Phillips (EX1003))3, which is prior art under 35 U.S.C.
102(b); and
3. US Pat. 5,722,051 (filed on February 13, 1996; issued on

February 24, 1998) (Agrawal (EX1005)), which is prior art
under 35 U.S.C. 102(b).
2
The 555 Patent issued from a patent application filed prior to enactment of the
America Invents Act (AIA). Accordingly, pre-AIA statutory framework applies.

3
Petitioner has submitted photocopies of the pages cited from the hardcover
version of this book, which is referred to as Exhibit 1003. Petitioner has also
submitted an electronic version of this book, which is referred to as Exhibit 1004.
An inspection of the hardcover version is available for your review upon request.
3
IPR2017-01178
B. Grounds for Challenge
This Petition, supported by the declaration of Michael D. Kotzin (Kotzin
Declaration or Kotzin (EX1008)), requests cancellation of challenged claims 1-
20 as unpatentable under 35 U.S.C. 103. See 35 U.S.C. 314(a).
IV. TECHNOLOGY BACKGROUND
A wireless network is generally a computer network that allows nodes, such
as mobile devices and other subscriber units, to communicate wirelessly with each
other. Wireless networking provides such communication without incurring the
costs or installation of a wired infrastructure. (Kotzin 32 (EX1008)). Examples of
wireless networks include cellular networks, wireless local area networks
(WLANs), digital European cordless telephone (DECT) networks, and wireless
sensor networks. (Id. at 33 (EX1008)).
A cellular or mobile network is distributed over geographic areas called
cells. Each cell is provided by at least one fixed-location transceiver, known as a
base station, and defines a coverage area. Mobile devices within the cell transmit
data to the network via the base station. (Id. at 33 (EX1008)).
An access point is an intervening network device that relays data between
the mobile device and base station, and provides network access to a mobile
device. An access point may cover a limited area, such as a hotel floor or a users
home. An access point may extend transmissions so a signal can cover longer
4
IPR2017-01178
distances or be received on the other side of an obstruction. As a relay device, an
access point may alter a transmission method by, for example, using a frequency or
baud rate different from that used by transmissions from the base station. (Id. at
34 (EX1008)).
Multiple access points may form a wireless distribution system that
communicates with a base station to provide wider area coverage to mobile
devices. Such distribution systems enable access points to interconnect mobile
devices with the network in accordance with a radio protocol, such as Institute of
Electrical and Electronics Engineers (IEEE) 802.11 standard. (Id. at 35
(EX1008)). The base version of the 802.11 standard was released in 1997.
In a process known as inter-cell handover, a mobile device may switch from
one cell (e.g., a source cell) to another (e.g., a target cell) as it is moved while still
communicating. (Id. at 36 (EX1008)). Inter-cell handover may occur between
different base stations or between different access points. (Id. at 36 (EX1008)).
Another type of handover is called an intra-cell handover. Here, the mobile
device does not move to a new cell, but switches to a different channel. (Id. at 37
(EX1008)). A single base station or a single access point may conduct an intra-cell
handover. (Id. (EX1008)).
Well before the earliest filed provisional application of the 555 Patent,
multiple types of wireless systems were developed that used terrestrial base
5
IPR2017-01178
stations and access points or relay devices. (Id. at 38 (EX1008)). For example,
US Patent 5,890,055 (Chu) (EX1006), issued in 1999, disclosed a wireless
communications system including clusters of relay devices that communicate with
a base station. (Chu at Abstract (EX1006)). Even earlier, US Patent 5,479,400
(Dilworth) (EX1007), issued in 1995, disclosed a microcellular wireless system
that employed a plurality of fixed site repeaters to relay signals of mobile and
portable transceivers. (Dilworth at 2:45-49 (EX1007)).
V. OVERVIEW OF THE 555 PATENT
A. Summary of the Alleged Invention

The 555 patent discloses a communication systemthat includes a
wireless communication device in wireless communication with a base station and
mobile stations. (555 patent at Abstract (EX1001)). Communications are sent
from the base station to the mobile station through this intervening wireless
communication device. The challenged claims are directed to such an intervening
wireless communication device.
The Background section of the 555 patent describes that many elements of
the challenged claims were known, including base stations, mobile stations, and
the use of broadband communications. (Id. at 4:46-57 (EX1001)). The
Background also discusses wireless local area networks (WLANs) by indicating
that these networks, generally, provide for radio communications with mobile
6
IPR2017-01178
stations positioned within communication range of such networks. (Id. at 4:60-65
(EX1001)). The Background further describes the use of access points that are
capable of communicating with a group of mobile stations positioned within a
micro-cellular, or other, area defined by the access point. (Id. at 5:6-8 (EX1001)).
One skilled in the art would have understood that access points are intervening
devices that take communications from one network and pass those
communications on to a local network. (Kotzin 40 (EX1008)).
The claimed intervening wireless communication device includes first and
second transceivers. (555 patent at 12:53-57, 13:42-48 (EX1001)). The
Background of the 555 patent does not explicitly disclose that prior intervening
wireless communication devices, such as access points, included first and second
transceivers, but as described herein, these features were well known in the prior
art. (Kotzin 41 (EX1008)).
Figure 2 helps inform understanding of the 555 patent. Figure 2 below
includes annotations showing a base station 212 providing data to mobile station
244 using an intervening wireless communication device formed by elements 224
and 238.
7
IPR2017-01178
The 555 patent does not define what a mobile station 244 is with respect
to Figure 2, but when referencing Figure 3, the 555 patent describes that
[s]ubscriber premises 121 may contain one or more processing devices, such as
exemplary personal computers 331, 332, 333 and 334, and one or more telephones,
including exemplary telephones 341, 342 and 343, that are capable of
communicating via the broadband access capability of fixed wireless access
network 100. (555 patent at 8:47-52 (EX1001) (emphasis added)).
As noted above, the 555 patent is directed to using an intervening device,
refered to as a wireless communcation device that communicates wirelessly with
the base station and mobile stations. (Id. at abstract (EX1001)); (Kotzin 44
(EX1008)). This wireless communication device is represented in Figure 2 by the
8
IPR2017-01178
combination of the first transceiver 224 and the second transceiver 238.
Independent claims 1 and 11 of the 555 patent also describe the wireless
communication device as comprising a first transceiver and a second
transciever. (555 patent at 12:51-61, 13:37-48 (EX1001)).
With further reference to Figure 2, due to the connection between the first
transceiver 224 and second transceiver 238, signals that originate at the mobile
station 244 are sent upstream over radio link 246 to the second transceiver 238 and
then to the first transceiver 224 for commuication over the radio link 216 to the
base station 212. (Id. at 8:14-26, Fig. 2 (EX1001)). Analogously, signals are
communicated downstream to the mobile station by way of the radio links 216 and
246. (Id. at 8:26-29 (EX1001)).
Claims 1 and 11 describe that the second transceiver determines signal
characteristics of the first computing device. (Id. at 12:64-67, 14:8-10 (EX1001)).
Aside from the claims, the 555 patent only uses the term signal characteristics
once:
Determination of when to initiate handover of communications
is made responsive to measurements of signal characteristics of
communication signals communicated between the WLAN
transceiver and the mobile station. In one implementation signal
characteristics are measured, or otherwise determined, at the
9
IPR2017-01178
mobile station and results of such measures or determinations of
are reported back to the WLAN transceiver, and appropriate
control circuitry. Thereafter, if appropriate, the handover of
communications is effectuated.
(Id. at 11:30-38 (EX1001) (emphasis added)).
While the term signal characteristics is used with respect to a handover,
claims 1 and 11 do not explicitly include a handover limitation. Nevertheless, even
if the 555 patent did have a claim requiring that the signal characteristics be
related to a handover, such a claim would be unpatentable in view of the prior art
discussed herein.
B. Level of Ordinary Skill in the Art

A person of ordinary skill in the art for the 555 patent would have been a
telecommunications engineer having the equivalent of a bachelors degree or
equivalent knowledge obtained through work experience, including several years
of experience in the design of telecommunications systems. (Kotzin 50
(EX1008)).
C. Prosecution History
The 555 patent issued from US Patent Application 13/567,978 (the 978
application), which was filed on August 6, 2012 (File History, Application
(8/6/2012) (EX1009)). The 978 application was a continuation of US Patent
10
IPR2017-01178
Application 11/982,458 (the 458 application) filed on October 31, 2007 now
abandoned. The parent 458 application is a continuation of US Patent Application
09/839,499 (the 499 application) filed on April 20, 2001, now U.S. Patent
7,346,347. The 499 application has 17 related provisional applications filed in
groups on the following dates: January 19, 2001, March 5, 2001, and February 21,
2001.
The parent 458 application received two Office Actions on the merits
rejecting all pending claims. The first Office Action rejected the only two
independent claims, claims 25 and 35, under 35 U.S.C. 103(a) as being
unpatentable over US Patent 6,035,178 (Chennakeshu) (EX1011) in view of US
Patent 6,222,503 (Gietema) (EX1012). (File History, Office Action at 4
(10/13/2010) (EX1010)). Chennakeshu is directed to using a satellite for providing
communications to rural and remote areas. (Chennakeshu at Abstract (EX1011).
Gietema is directed to a radio frequency antenna system that is integrated with
pole-like objects, such as utility poles and street lamps. (Gietema at Abstract
(EX1012)).
In response, Patent Owner amended claims 25 and 35 to focus on, inter alia,
the base station being a terrestrial base station and the second transceiver
determining signal characteristics of the first computing device. The claims
were also amended to require that the second transceiver is in wireless
11
IPR2017-01178
broadband communication with a plurality of computing devices. (File History,
Amendment at 2-4 (4/13/2011) (EX1013)).
A Final Office Action was issued in the 458 parent application that
continued to reject all pending claims. Independent claims 25 and 35 were rejected
under 35 U.S.C.103(a) as being unpatentable over US Patent 5,475,735
(Williams) (EX 1015) in view of US Patent 6,289,213 (Flint) (EX 1016). (File
History, Office Action at 3 (7/6/2011) (EX1014)). Williams is directed to a
wireless telephone network. (Williams at Fig. 1 (EX1015)). Flint is directed to
connecting two computers over a telephone line. (Flint at 2:12-19, Fig. 6
(EX1016)).
The 458 parent application then went abandoned and the then pending,
amended claims were pursued in the 978 application, i.e., the application of the
555 patent. The 978 application was assigned to a new Examiner in a different
art unit, and shortly thereafter received a first action Notice of Allowability dated
September 30, 2014. The Notice of Allowability included an Examiners
Statement of Reasons for Allowance that cited Williams and Flint, which were
applied against the amended claims in the 458 parent application, and also cited
US Patent 7,292,844 (Dowling) (EX1017). (File History, Notice of Allowability
at 2-3 (9/30/2014) (EX1018). Williams, Flint and Dowling were ostensibly the
best references in the Examiners possession. Unfortunately, the Examiner did not
12
IPR2017-01178
appear to know about the references applied herein. As discussed below, the
applied references make up for any alleged deficiencies of Williams, Flint, and
Dowling.
VI. CLAIM CONSTRUCTION

Claim terms of an unexpired patent in inter partes review are given the
broadest reasonable construction in light of the specification. 37 C.F.R.
42.100(b); In re Cuozzo Speed Techs., LLC 778 F.3d 1271, 127981 (Fed. Cir.
2015). Any claim term that lacks a definition in the specification is therefore given
a broad interpretation.4 In re ICON Health & Fitness, Inc., 496 F.3d 1374, 1379
(Fed. Cir. 2007). Under the broadest reasonable interpretation standard, claim
terms are given their ordinary and customary meaning, as they would be
understood by one of ordinary skill in the art, in the context of the disclosure. In re
Translogic Tech., Inc., 504 F.3d 1249, 1257 (Fed. Cir. 2007). Any special
definition for a claim term must be set forth in the specification with reasonable
clarity, deliberateness, and precision. In re Paulsen, 30 F.3d 1475, 1480 (Fed.
Cir. 1994).
4
Petitioner applies the broadest reasonable construction standard as required by
the governing regulations. 37 C.F.R. 42.100(b). Petitioner reserves the right to
pursue different constructions in a district court, where a different standard is
applicable.
13
IPR2017-01178
The following proposes a construction and offers support for that
construction. Any claim terms not included should be given their broadest
reasonable interpretation in light of the specification, as commonly understood by
those of ordinary skill in the art. Should the Patent Owner, to avoid the prior art,
contend that a claim term has a construction different from its broadest reasonable
interpretation, the appropriate course is for the Patent Owner to seek to amend the
claim to expressly correspond to its contentions in this proceeding. See 77 Fed.
Reg. 48764 (Aug. 14, 2012).
A. Wireless Communication Device

The term wireless communication device, as recited in challenged claims
1-20, should be interpreted to mean a piece of equipment, including an assembly
of elements, that communicates wirelessly with another device.
The 555 patent describes that integrated access device 224 forms a rack-
assembly having expansion slots to receive expansion cards. (555 patent at 8:32-
34 (EX1001)). A WLAN transceiver is mounted upon or formed at an expansion
card connectable to an expansion slot. (Id. at 8:35-36 (EX1001)). The integrated
access device communicates via radio link 246 to other devices, such as mobile
station 244. (Id. at 8:9-13; 35-36; Fig. 2 (EX1001)). The 555 patent further
describes that an integrated access device comprises elements including an
antenna, main assembly, DC battery, and AC/DC converter. (Id. patent at 9:30-44
14
IPR2017-01178
(EX1001)). Thus, the proposed construction is consistent with the specification of
the 555 patent. (Kotzin 59 (EX1008)).
VII. SPECIFIC GROUNDS FOR PETITION
Pursuant to Rule 42.104(b)(4)(5), the following sections (as confirmed in
the Kotzin Declaration 60-258 EX1008)) detail the grounds of unpatentability,
the limitations of the challenged claims of the 555 Patent, and how these claims
were therefore obvious in view of the prior art.
A. Ground I: Claims 1-20 are rendered obvious by Hohnstein in

view of Phillips
1. Overview of Hohnstein
Hohnstein is not of record in the 555 patent. Hohnstein discloses a wireless
communication system 20 that includes several access points 22. (Hohnstein at
2:14-15 (EX1002)). Figure 1 is a schematic drawing illustrating communication
system 20 and is reproduced with annotations below. (Id. at 4:7-9 (EX1002)).
15
IPR2017-01178
As shown in Figure 1, an access point 22 provides a coverage area 24 that
defines a data reception range. (Id. at 4:12-14 (EX1002)). A subscriber unit 26
located within coverage area 24 establishes a two-way wireless link 28 with the
access point 22 that provides the coverage area. (Id. at 4:17-19, Fig. 1 (EX1002)).
A subscriber unit 26 can be a two-way video conferencing station or a mobile
16
IPR2017-01178
telephone. (Id. at 4:24-28 (EX1002)). Information transmitted on link 28
represents data such as streaming video or voice data. (Id. at 4:47-49 (EX1002)).
An access point 22 can communicate with a distribution point 40 via radio
link 42. (Id. at 5:42-47 (EX1002)). A distribution point 40 receives data packets
from other distribution points 40, and forwards such packets to access points 22.
(Id. at 6:34-43 (EX1002)). Each respective access point 22 then passes the packet
to a destination subscriber unit 26 within its coverage area 24 via link 28. (Id. at
4:47-49; 6:38-43 (EX1002)).
Distribution point 40 can also receive packets from subscriber units 26 via
access points 22, or receive information packets from external communication
systems. (Id. (EX1002)). For example, a distribution point 40 can determine that a
packet destination is in a communication system outside of communication system
20, and can transmit the packet to its destination via a gateway 50. (Id. at 6:55-58
(EX1002)). Gateway 50 provides a bridge to additional communication systems
external to communication system 20, such as the Internet. (Id. at 6:58-62
(EX1002)).
Distribution point 40 can include a back end communication interface 106
for connecting with additional distribution points 40 and a supervisor 56. (Id. at
8:49-52 (EX1002)). Back end communication interface 106 also can provide
connection between the distribution point 40 and the Internet. (Id. at 8:52-54
17
IPR2017-01178
(EX1002)). Figure 2, reproduced below, shows the structure and back end
interfaces of distribution point 40:
Back end interface 106 can accept modules 110 for interfacing with a variety
of communication protocols and media such as ATM25, DS1, DS3, OC3,
1000Base-T, and 100Base-T. (Id. at 8:61-64 (EX1002)). Moreover, each back end
interface 106 can pass information packets through a common back end switch
18
IPR2017-01178
interface 112 that operates under a pack protocol such as ATM or TCP/IP. (Id. at
8:64-67 (EX1002)).
Based on the above description of distribution point 40 in Hohnstein, one of
ordinary skill in the art would have understood that distribution point 40 is a base
station. (Kotzin 67 (EX1008)). Distribution point 40 is hereinafter referred to as
base station 40.
Figure 9 shows an embodiment of Hohnstein where an access point 22 is
embodied as an antenna module 502. (Hohnstein at 13:40-44; 15:7-12 (EX1002)).
Figure 11 elaborates on the structure of antenna module 502 and is reproduced
below.
19
IPR2017-01178
As shown by Figure 11, antenna module 502 includes a backhaul system
550. (Id. at 15:15-17 (EX1002)). Backhaul system 550 includes a backhaul
antenna 552 attached to backhaul data terminal 554. (Id. at 15:17-18 (EX1002)).
Backhaul data terminal 554 forms a first transceiver of antenna module 502.
(Kotzin 71 (EX1008)).
Antenna module 502 also includes access system 564. (Hohnstein at 15:29-
30 (EX1002)). Access system 564 includes a directional access antenna 570
attached to access data terminal 566. (Id. at 15:31-33 (EX1002)). Directional
access antenna 570 forms a directional coverage area 24. (Id. at 15:33-34
(EX1002)). Omnidirectional antenna 574 is also connected to access data terminal
566 and forms an omnidirectional coverage area 24. (Id. at 15:38-40, 44-45
(EX1002)). Access data terminal 566 forms a second transceiver of antenna
module 502. (Kotzin 72 (EX1008)).
For downstream communication, information packets are received by
backhaul antenna 552 and converted to a digital baseband format by backhaul data
terminal 554. (Hohnstein. at 2:50-52; 16:10-12 (EX1002)); (Kotzin 73
(EX1008)). The packets are then converted from the digital baseband format to a
broadband format by access data terminal 566 and transmitted using access
antenna 570 to a subscriber unit. (Hohnstein at 2:52-54; 16:12-14 (EX1002));
(Kotzin 73 (EX1008)).
20
IPR2017-01178
For upstream communication, information packets are received from a
subscriber unit by access antenna 570 and converted to a digital baseband format
by access data terminal 566. (Hohnstein at 2:55-57; 16:14-15 (EX1002)); (Kotzin
74 (EX1008)). The packets are then converted from the digital baseband format
to a broadband format by backhaul data terminal 554 and transmitted using
backhaul antenna 552 to a base station. (Hohnstein at 2:57-59; 16:8-10 (EX1002));
(Kotzin 74 (EX1008)).
2. Overview of Phillips
The Phillips reference describes Digital Enhanced Cordless
Telecommunications (DECT) and Personal Wireless Telecommunications (PWT),
which are radio elecommunication standards. (Phillips at 3, Section 1.1
(EX1003)). To wit, Phillips discloses a wireless relay station (WRS) that relays
radio transmissions from a fixed part (FP) to a cordless terminal adapter (CTA).
(Id. at 269-271, Sections 8.7.1-8.7.3 and 8.8 (EX1003)); (Kotzin 75 (EX1008)).
The FP corresponds to a base station, and the CTA corresponds to a portable part
(PP), such as a mobile device or subscriber unit. (Phillips at 22-24, Section 2.1.1;
269, Section 8.7.1 (EX1003)); (Kotzin 75 (EX1008)). The WRS therefore
extends a coverage range of a base station. (Phillips at 271, Section 8.8.1
(EX1003)); (Kotzin 75 (EX1008)). An exemplary WRS is shown below in
21
IPR2017-01178
annotated Figure 8.12(a), which shows how the WRS has separate elements that
communicate with the FP and CTA.
One kind of fixed part is a radio fixed part (RFP). The WRS acts toward a
mobile device exactly as if it were an RFP. (Phillips at 271, Section 8.8
(EX1003)); (Kotzin 76 (EX1008)). Thus, the mobile device cannot distinguish
between a WRS and an RFP. (Phillips at 271, Section 8.8 (EX1003)); (Kotzin 76
(EX1008)). RFPs can include several radio transceivers. (Phillips at 62, Section
3.2.3 (EX1003)); (Kotzin 76 (EX1008)). Therefore, one of ordinary skill in the art
would have understood that a WRS can also include several radio transceivers in
order to act as an RFP toward a mobile device. (Kotzin 76 (EX1008)).
In DECT, handover can be performed by establishing a connection between
a mobile device and a WRS on a new channel before dropping an old channel
between the elements. (Phillips at 99, Section 4.4.3 (EX1003)); (Kotzin 77
(EX1008)). An exemplary handover in DECT is called bearer handover. (Phillips
at 163, Section 5.6.3 (EX1003)); (Kotzin 77 (EX1008)).
22
IPR2017-01178
Bearers are bit pipes that carry data across an air interface and form a
connection. (Phillips at 131, Section 5.3.4 (EX1003)). Bearer handover can be
performed when the radio frequency signal level in a connection between a fixed
part (or a WRS) and a mobile device is too low. (Phillips at 163, Section 5.6.3
(EX1003)); (Kotzin 78 (EX1008)). Handover takes place by establishing the new
set of bearers for a new connection before an error rate of an old connection caused
by noise or poor signal strength, for example, impacts the old connections quality.
(Phillips at 124, Section 5.2.4 (EX1003)); (Kotzin 77 (EX1008)). Once the new
bearers are established, communication is transferred to the new connection
without a break in service. (Phillips at 124, Section 5.2.4 (EX1003)). Bearer
handover can be initiated by a mobile device or at the request of a fixed part.
(Phillips at 163, Section 5.6.3.1 (EX1003)); (Kotzin 78 (EX1008)). While DECT
uses the term bearer handover to describe this handover procedure, which adjusts
communication between elements, one of ordinary skill in the art would have
understood that this type of handover procedure is generic within the
telecommunications field. (Kotzin 78 (EX1008)).
3. Claim 1 is obvious in view of Hohnstein and Phillips.
a) A wireless communication device

Hohnstein discloses that wireless communication system 20 includes an
access point 22. (Hohnstein at 2:14-15 (EX1002)). Access point 22 communicates
via wireless link 28 with a subscriber unit 26 located within a coverage area 24
23
IPR2017-01178
provided by the access point. (Id. at 4:17-19, Fig. 1 (EX1002)). Access point 22
also communicates with at least one base station 40 via a radio link 42. (Id. at
5:42-47 (EX1002)).
Figure 9 shows one example where access point 22 is embodied by an
antenna module 502. (Id. at 13:40-46; 15:7-12 (EX1002)). Antenna module 502
includes a backhaul system 550 and an access system 564. (Id. at 15:15-18. 29-33
(EX1002)). Access system 564 includes a directional access antenna 570 and
omnidirectional antenna 574 attached to an access data terminal 566. (Id. at 15:29-
33, 38-40, 44-45 (EX1002)). These antennas form coverage area 24. (Id. at 15:33-
34, 38-40, 44-45 (EX1002)).
Access point 22 embodied by antenna module 502 is a wireless
communication device. (Kotzin 82 (EX1008)).
b) [The wireless communication device comprising:] a

first transceiver in direct wireless communication with a
terrestrial base station
Hohnstein discloses that backhaul system 550 of antenna module 502
includes a backhaul antenna 552 attached to a backhaul data terminal 554.
(Hohnstein at 15:15-18 (EX1002)). Backhaul antenna 552 and backhaul data
terminal 554 connect antenna module 502 to base station 40 via a radio link 42,
which is a wireless link, and transmit/receive data packets over this connection.
(Id. at 2:50-59; 3:6-8; 21-23; 5:42-47; 16:9-18 (EX1002)). Communication
24
IPR2017-01178
between an access point 22 (formed by antenna module 502) and a base station 40
is direct when there are no intervening nodes between the elements. (Kotzin 83
(EX1008)). Such direct communication is shown below with respect to Figure 1.
Base station 40 can be mounted on a pole or on the side of a building. (Hohnstein
at 9:22-24 (EX1002)). Base station 40 can also be connected to back end elements
of communication system 20 by a wireline link. (Hohnstein at 7:49-51; 8:58-60
(EX1002)). One of ordinary skill in the art would have understood that base
station 40 is a terrestrial base station because it is a ground based structure that is
attached to the ground by the pole or building that it is mounted on, and can be
connected to back end elements by wireline. (Kotzin 83 (EX1008)). Therefore,
base station 40 forms a terrestrial base station.5 (Id. (EX1008)).

5
During prosecution of the parent 458 application, in response to the Examiner
applying a satellite-based reference (Chennakeshu) to claims 25 and 35, the patent
owner amended these to recite a terrestrial base station. See Supra, p. 11.
25
IPR2017-01178
It therefore follows that backhaul data terminal 554 is a first transceiver that
is in direct wireless communication with a terrestrial base station 40. (Kotzin 84
(EX1008)).
c) wherein the terrestrial base station is in direct wireless

communication with a plurality of wireless communication
devices
Hohnstein discloses a base station 40 in communication with at least two
access points 22, as shown below by annotated Figure 1.
Communication between a base station 40 and each access point 22 can be
via wireless radio link 42, and is direct as previously noted and shown above with
respect to annotated Figure 1. (Hohnstein at 5:42-47 (EX1002)); (Kotzin 86
(EX1008)). The base station is also a terrestrial base station as previously noted
(Kotzin 83, 86-87 (EX1008)).
26
IPR2017-01178
d) and [the wireless communication device comprising:]
a second wireless local area network transceiver in direct
wireless broadband communication with a plurality of
computing devices located within a coverage area of the
second transceiver,
Hohnstein discloses that in addition to backhaul system 550, antenna module
502 includes access system 564. (Hohnstein at 15:29-30 (EX1002)). Access
system 564 includes a directional access antenna 570 and omnidirectional antenna
574 attached to an access data terminal 566. (Id. at 15:29-33, 38-40, 44-45
(EX1002)). These antennas form coverage area 24. (Id. at 15:33-34, 38-40, 44-45
(EX1002)). Access data terminal 566 and its antennas transmit and receive data
packets. (Id. at 2:52-54; 3:2-3; 16:12-14 (EX1002)). In downstream
communication, access data terminal 566 converts data packets from a digital
baseband format to a broadband format. (Id. at 2:52-54; 16:12-14 (EX1002));
(Kotzin 88 (EX1008)). The data packets in the broadband format are then
transmitted using access antenna 570 and/or omnidirectional antenna 574 to a
subscriber unit. (Hohnstein at 2:52-54; 16:12-14 (EX1002)); (Kotzin 88
(EX1008)).
Access point 22, which is formed by antenna module 502, is a local radio
access point (LRAP) and defines a coverage area 24 using antennas 570 and 574
attached to access data terminal 566. (Hohnstein at 4:11-14; 15:33-34, 38-40
(EX1002)). Therefore, access data terminal 566 and antennas 570 and 574, define
27
IPR2017-01178
a local area network by defining coverage area 24. (Kotzin 89 (EX1008)).
Access data terminal 566 is therefore a wireless local area network transceiver.
(Id. (EX1008)).
At least two subscriber units 26 located within a coverage area 24 establish a
two-way wireless link 28 with the access point 22 that provides the coverage area.
(Hohnstein at 4:17-19, Fig. 1 (EX1002)). Link 28 is direct between access point
22 and each subscriber unit 26 because there are no intervening nodes, as shown
below by annotated Figure 1. (Kotzin 90 (EX1008)).
A subscriber unit 26 can, for instance, be a two-way video conferencing station, a
mobile telephone, or a computer, which are all computing devices. (Hohnstein at
4:24-28 (EX1002)); (Kotzin 90 (EX1008)).
Therefore, access data terminal 566 forms a second wireless local area
network transceiver that is in direct wireless broadband communication with a
28
IPR2017-01178
plurality of subscriber units 26 located in coverage area 24. (Kotzin 91
(EX1008)).
e) the second transceiver being coupled to the first

transceiver
Hohnstein discloses that backhaul data terminal 554 (the identified first
transceiver) is connected to junction box 562 by backhaul cable 560. (Hohnstein at
15:25-26 (EX1002)). Access data terminal 566 (the identified second transceiver)
is connected to junction box 562 by access cable 568. (Id. at 15:31-32 (EX1002)).
Access terminal 566 and backhaul data terminal 554 are therefore coupled to each
other via junction box 562. (Kotzin 92 (EX1008)). Hohnstein therefore discloses
a second transceiver coupled to a first transceiver. (Id. (EX1008)).
f) wherein; the first transceiver receives a first signal

from the base station, the first signal intended for a first
computing device of the plurality of computing devices
Hohnstein discloses that a base station 40 determines that a data packet is
destined for a subscriber unit 26 within a coverage area 24, and forwards the
packet to the respective access point 22 (formed by antenna module 502) that
provides the coverage area. (Hohnstein at 6:38-43 (EX1002)). The packet is
received by backhaul antenna 552 and converted to a digital baseband format by
backhaul data terminal 554. (Id. at 2:50-52; 16:10-12 (EX1002)). The packet is
then sent to a subscriber unit via access data terminal 566 and directional access
29
IPR2017-01178
antenna 570 and/or omnidirectional antenna 574. (Id. at 2:52-54; 4:47-49; 6:38-43;
16:12-14 (EX1002)).
As discussed above, at least two subscriber units are located within a
coverage area 24. (Id. at 4:17-19, Fig. 1 (EX1002)).
Therefore, backhaul data terminal 554 (the identified first transceiver)
receives packets from base station 40 that form a first signal and are intended for a
subscriber unit 26 of a plurality of subscriber units 26. (Kotzin 95 (EX1008)).
g) the second wireless local area network transceiver

determines signal characteristics of the first computing device,
and the second transceiver transmits the first signal to the
first computing device based on the determined signal
characteristics of the first computing device
Hohnstein discloses that each subscriber unit 26 is registered with
communication system 20 when it enters a coverage area 24, and is deregistered
from communication system 20 when it leaves a coverage area 24. (Hohnstein at
8:7-10, 13-15 (EX1002)). When a subscriber unit 26 voluntarily enters or leaves a
coverage area 24, such as by powering up or down, subscriber unit 26 transmits a
particular signal to access point 22. (Id. at 8:20-24 (EX1002)). Information is also
received from subscriber unit 26 in response to periodic queries. (Id. at 8:24-25
(EX1002)). Algorithms for registering and deregistering subscriber units 26 are
based on factors such as quality of service, traffic, location, service type, and
network topology. (Id. at 8:28-31 (EX1002)).
30
IPR2017-01178
Antenna module 502, which includes access data terminal 566, forms access
point 22 as discussed above. (Kotzin 97 (EX1008)). Access data terminal 566 is
a second wireless local area network transceiver and communicates with subscriber
units 26 within coverage range 24 provided by antennas 570 and 574. (Id.
(EX1008)).
Therefore, one of ordinary skill in the art would have understood that access
data terminal 566 (the second transceiver) determines signal characteristics of a
subscriber unit 26 (the first computing device) as claimed because terminal 566
determines the characteristics of the particular signal and query responses of
subscriber unit 26, and decides whether subscriber unit 26 is powered up or down.
(Id. at 98 (EX1008)). One of ordinary skill in the art would further have
understood that access data terminal 566 would have transmitted packets that form
the identified first signal to subscriber unit 26 based on the determination from
such characteristics that subscriber unit 26 is powered up because the
determination indicates that subscriber unit 26 can receive data. (Id. (EX1008)).
Hohnstein further discloses that quality error bit rate is determined for each
subscriber unit 26 that communicates with an access point 22. (Hohnstein at 5:1-7
(EX1002)). The quality error bit rate is changed to reflect noise, demand, or
connectivity associated with subscriber unit 26, so therefore reflects signal
characteristics of subscriber unit 26. (Id. at 5:8-11 (EX1002)); (Kotzin 99
31
IPR2017-01178
(EX1008)). Applications providing services to subscriber unit 26 adjust their
service based on the quality error bit rate. (Hohnstein at 5:12 (EX1002)). For
example, an application that transmits streaming audio and video data to subscriber
unit 26 reduces a frame rate of the data it sends as noise increases. (Id. at 5:13-15,
17-19 (EX1002)). This adjustment in service ensures the successful transmission of
data. (Id. at 5:16-17 (EX1002)); (Kotzin 99 (EX1008)).
Therefore, Hohnstein discloses using the quality error bit rate of a subscriber
unit 26 (e.g., signal characteristics of a subscriber unit 26) to determine how audio
and video data should be transmitted to a subscriber unit 26 (the first computing
device). (Kotzin 100 (EX1008)).
To the extent that the patent owner argues or may argue that Hohnstein does
not explicitly disclose that access terminal 566 (the identified second transceiver)
determines signal characteristics of a computing device and transmits a signal to
the computing device based on the determined signal characteristics, Phillips
teaches these elements.
Like access point 22 of Hohnstein (the identified wireless communication
device), Philips discloses a wireless relay station (WRS) that communicates with
both a base station and a portable part. (Phillips at 22-24, Section 2.1.1; 269-271,
Sections 8.7.1-8.8 (EX1003). One of ordinary skill in the art would have
understood a type of portable part is a subscriber unit. (Kotzin 102 (EX1008)).
32
IPR2017-01178
The WRS forms a wireless local area network for communication with
subscriber units. (Phillips at 270 and 271, Sections 8.7.3-8.8 (EX1003)); (Kotzin
103 (EX1008)). The WRS acts toward subscriber units exactly as if it were a
base station. (Phillips at 271, Section 8.8 (EX1003)); (Kotzin 103 (EX1008)).
Base stations may include several radio transceivers. (Phillips at 62, Section 3.2.3
(EX1003)); (Kotzin 103 (EX1008)). Therefore, one of ordinary skill in the art
would have understood that the WRS may similarly include several radio
transceivers to act as a base station toward a subscriber unit. (Kotzin 103
(EX1008)). Further, Figure 8.12(a) of Phillips shows the WRS with two separate
antennas, which at least suggests that the WRS may include two transceivers.
(Phillips at 270 and 271, Section 8.8 (EX1003)); (Kotzin 103 (EX1008)).
Therefore, one of ordinary skill in the art would have understood that in such a
case, the WRS of Phillips would include a second wireless local area network
transceiver. (Kotzin 103 (EX1008)).
Phillips further discloses a handover procedure called bearer handover,
where a communication channel between a fixed part (such as a base station) and a
portable part (such as a subscriber unit) is switched to a new channel. (Phillips at
99, Section 4.4.3; 163, Section 5.6.3 (EX1003)); (Kotzin 104 (EX1008)). Bearer
handover occurs when measurements of a radio frequency signal level (i.e., signal
strength characteristics) of the communication channel between the base station
33
IPR2017-01178
and subscriber unit (i.e., a fist computing device) are too low. (Phillips at 163,
Section 5.6.3 (EX1003)); (Kotzin 104 (EX1008)). The base station sends a
bearer_handover request to the subscriber unit to suggest that a bearer handover
take place. (Phillips at 163, Section 5.6.3 (EX1003)). The subscriber unit
thereafter initiates the bearer handover and once new channel bearers are
established, communication is transferred to the new channel without a break in
service. (Phillips at 123-124, Section 5.2.4; 163-165, Section 5.6.3 (EX1003)).
As noted above, base stations include several radio transceivers. (Phillips at
62, Section 3.2.3 (EX1003)); (Kotzin 105 (EX1008)). In the receiving structure
of each radio transceiver, circuitry determines received signal strength indicator
(RSSI) measurements of the received communication signal from a subscriber unit,
which are measurements of the received radio frequency signal level (i.e., signal
characteristics of a first computing device). (Phillips at 107-109, Section 4.5.1;
Fig. 4.10 (EX1003)); (Kotzin 105 (EX1008)). It therefore follows that a
transceiver (such as a second transceiver) of the base stations several transceivers
would determine an RSSI of received communication with a subscriber unit (i.e.,
signal characteristics of a first computing device), and thereafter suggest bearer
handover if the RSSI indicates that the received signal level is too low. (Kotzin
105 (EX1008)).
34
IPR2017-01178
Moreover, after handover to the new channel is suggested and thereafter
performed, one of ordinary skill in the art would have understood that the
transceiver (such as a second transceiver) of the base stations several transceivers
would transmit data signals to the subscriber unit (first computing device) over the
new channel. (Id. at 106 (EX1008)). This transmission would be based on the
determined RSSI signal characteristics because it is sent over the new channel that
resulted from the bearer handover suggested based on RSSI signal characteristics.
(Id. (EX1008)).
Since the WRS acts as a base station as noted above, one of ordinary skill in
the art would have understood that the WRS would include a transceiver (such as a
second transceiver) of several transceivers that determines RSSI measurements of
received communication with a subscriber unit (i.e., signal characteristics of a first
computing device), and thereafter suggests bearer handover if the RSSI indicates
that the signal level is too low. (Id. at 107 (EX1008)).
Moreover, after handover to the new channel is suggested and thereafter
performed, one of ordinary skill in the art would have understood that the
transceiver (second transceiver) of the WRS would transmit data signals to the
subscriber unit (first computing device) over the new channel. (Id. at 108
(EX1008)). This transmission would be based on the determined RSSI signal
characteristics because it is sent over the new channel that resulted from the RSSI
35
IPR2017-01178
measurements and the bearer handover suggested based on RSSI signal
characteristics. (Id. (EX1008)).
Therefore, one of ordinary skill in the art would have understood that the
WRS of Phillips would include a second wireless local area network transceiver
that determines signal characteristics of a first computing device, and that the
second transceiver would transmit a first signal to the first computing device based
on the determined signal characteristics of the first computing device. (Id. at 109
(EX1008)).
One of ordinary skill in the art would have been motivated to substitute
Hohnsteins antenna access terminal 566 (second transceiver) with Phillips second
transceiver that performs bearer handover functionality. (Id. at 110 (EX1008)).
Alternatively, even if one argues that Phillips did not explicitly disclose a second
transceiver that implements the disclosed bearer handover functionality, one of
ordinary skill in the art would have been motivated to modify Hohnsteins access
terminal 566, which is a second transceiver, with the bearer handover functionality
of Phillips. (Id. (EX1008)). These motivations would have been present for at
least the following reasons.
One of ordinary skill in the art would have wanted to maximize the
likelihood of successful wireless connectivity because losing connectivity or the
degradation of connectivity is undesirable. (Id. at 111 (EX1008)). Furthermore,
36
IPR2017-01178
one of ordinary skill in the art would have recognized the high degree of variability
in wireless communications, especially in communication systems involving
mobile devices used across geographic areas, or the operation of devices in non-
static radio environments such as a home or office where moving people and
objects can influence the quality of communication. (Id. (EX1008)). A
combination of Hohnstein and Phillips would provide a system that helps ensure
successful wireless connectivity and combats against the variability in wireless
communications by adjusting such wireless connectivity. (Id. (EX1008)).
For example, Hohnstein discloses:
a quality error bit rate is established for each subscriber unit 26.
This quality error bit rate may be based on the location of subscriber unit
26 within communication system 20, the data or transmission rate of
service assigned to subscriber unit 26, or any other suitable parameter.
(Hohnstein at 5:1-8 (emphases added) (EX1002)).
Hohnstein discloses that the quality error bit rate changes to reflect noise
conditions in communication system 20 and ensure successful transmission and
connectivity:
The quality error bit rate may be modified while subscriber unit 26
is within communication system 20 to reflect changing conditions such as
noise, demand, connectivity, or any other suitable parameter. Applications
providing services to subscriber unit 26 may adjust these services based on
the quality error bit rate. For example, an application providing streaming
37
IPR2017-01178
audio and video may reduce the frame update rate as noise increases,
guaranteeing successful transmission at a lower information rate.
(Id. at 5:8-17 (emphases added) (EX1002)).
Phillips similarly discloses the importance of maintaining successful
wireless connectivity and adjusting such connections. (Kotzin 114 (EX1008)).
For example, Phillips discloses that handover may be performed to improve
wireless communication between elements and maintain connectivity when
channels suffer from interference:
portable parts (PPs) and the FPs periodically create and maintain
maps of the signal strength they receive on each of the PHLs physical
channels.
(Phillips at 123, Section 5.2.4 (emphasis added) (EX1003)).
The physical channels that carry the data for a connection may
from time to time suffer interference. Also, if the portable is mobile, the
received signal strength from a fixed station may become too weak to
support a connection. In such cases, the MAC layer provides what is called
bearer handover.
(Id. at 123-124, Section 5.2.4 (emphases added) (EX1003)).
Adjusting a wireless connection in light of reduced channel quality is
important in Hohnstein because it allows subscriber units to maintain an acceptable
connection with communication system 20. (Kotzin 115 (EX1008)). Hohnstein
states, for example, that to guarantee successful transmission of streaming audio
and video data to a subscriber unit, a frame update rate of the data is adjusted based
38
IPR2017-01178
on a quality error bit rate. (Hohnstein at 5:8-17 (EX1002)); (Kotzin 115
(EX1008)). Furthermore, an improvement to the quality error bit rate allows for an
improvement in the quality of data transmission. (Kotzin 115 (EX1008)).
Phillips similarly acknowledges the importance of adjusting wireless
connectivity to maintain acceptable wireless connection. (Kotzin 116 (EX1008)).
As discussed, the bearer handover of Phillips is performed when it is determined
that channels signal strength is too weak. (Phillips at 123-124, Section 5.2.4 (EX
1003)); (Kotzin 116 (EX1008)).
Therefore, one of ordinary skill in the art would have been motivated to
combine Hohnstein and Phillips to obtain the predictable result of maintaining
wireless connectivity for subscriber devices. (Kotzin 117 (EX1008)). Given the
similarities between Hohnstein and Phillips, one of ordinary skill who was familiar
with Hohnstein and then read Phillips would have been motivated to improve
Hohnsteins system by providing the benefits of Phillips handover techniques. (Id.
(EX1008)).
The system of Hohnstein would have been improved using the transceiver
functionality and handover techniques of Phillips because a strong connection
between access point 22 and subscriber unit 26 in Hohnstein would be maintained
by handing the connection over to a different channel. (Id. at 118 (EX1008)).
Furthermore, improved data transmission quality would be provided. (Id.
39
IPR2017-01178
(EX1008)). Rather than adjusting service to a subscriber unit 26 based on quality
error bit rate such that audio and video is provided at a lower data rate, handover
would be performed to a new channel. (Id. (EX1008)). Transmission over the new
channel would provide the audio and video to subscriber unit 26 at an appropriate
data rate, rather than the lower rate. (Id. (EX1008)).
The modification of Hohnstein by Phillips would have had a reasonable
chance of success because both systems rely on observing a wireless connection,
and adjusting the connection based on the observations. (Id. at 119 (EX1008)).
The modification of Hohnstein by Phillips would have been implemented by
including the circuitry software and/or functionality that one of ordinary skill in the
art would have associated with Phillips second transceiver in Hohnsteins antenna
module 502, and providing bearer handover capabilities that allow the second
transceiver to determine RSSI (i.e., signal characteristics) of subscriber unit 26,
suggest the bearer handover to subscriber unit 26, and thereafter transmit signals
over a new channel after handover (i.e., based on the determined signal
characteristics) to subscriber unit 26. (Id. (EX1008)).
Alternatively, the modification of Hohnstein by Phillips would have been
implemented by modifying the circuitry, software, and/or functionality of antenna
access data terminal 566 (the identified second transceiver) of Hohnstein with that
needed to accomplish the teachings of Phillips, including determining RSSI (i.e.,
40
IPR2017-01178
signal characteristics) of subscriber unit 26, suggesting the bearer handover to
subscriber unit 26, and thereafter transmitting signals over a new channel after
handover (i.e., based on the determined signal characteristics) to subscriber unit 26.
(Kotzin 120 (EX1008)). One of ordinary skill in the art would have been able to
implement this modification using basic, routine electrical configurations, such as
implementing transceiver elements responsible for communicating with a
subscriber unit of Phillips with the transceiver elements of Hohnsteins antenna
access data terminal 566 (the identified second transceiver). (Hohnstein at 15:29-
30 (EX1002)); (Phillips at 123-124, Section 5.2.4; 270-272, Section 8.8
(EX1003)); (Kotzin 120 (EX1008)).
h) and the second transceiver receives a second signal

from the first computing device, the second signal intended
for the base station
Hohnstein discloses that a subscriber unit 26 located within coverage area 24
establishes a two-way wireless link 28 with the access point 22 that provides the
coverage area. (Hohnstein at 4:17-19, Fig. 1 (EX1002)). For upstream
communication, data packets are received from a subscriber unit by access antenna
570 and converted to a digital baseband format by access data terminal 566. (Id. at
2:55-57; 16:14-15 (EX1002)); (Kotzin 121 (EX1008)). The packets are then
converted from the digital baseband format to a broadband format by backhaul
data terminal 554, and transmitted using backhaul antenna 552 to a base station 40.
41
IPR2017-01178
(Hohnstein at 2:57-59; 16:8-10 (EX1002)); (Kotzin 121 (EX1008)). A base
station 40 determines a destination for packets. (Hohnstein at 6:34-43 (EX1002)).
One of ordinary skill in the art would therefore have understood that data
packets sent by subscriber unit 26 to access data terminal 566 (the second
transceiver) would form a second signal, and were intended for base station 40 so
that they could be forwarded to the correct destination. (Kotzin 122 (EX1008)).
i) and the first transceiver transmits the second signal to

the base station.
As discussed above, access point 22 is embodied as antenna module 502.
Packets are received by access antenna 570 from a subscriber unit, converted to a
digital baseband format by access data terminal 566, converted from the digital
baseband format to a broadband format by backhaul data terminal 554, and
transmitted using backhaul antenna 552 to base station 40. (Hohnstein at 2:55-59;
16:8-15 (EX1002)); (Kotzin 123 (EX1008)).
One of ordinary skill in the art would therefore have understood that the first
transceiver formed by backhaul data terminal 554 transmits the information packet
that forms the second signal to base station 40. (Kotzin 123 (EX1008)).
42
IPR2017-01178
a) The wireless communication device of claim 1,

wherein the second transceiver is removably coupled to the
first transceiver.
Hohnstein discloses that access terminal 566 (identified second transceiver)
and backhaul data terminal 554 (identified first transceiver) are coupled to each
other via junction box 562. (Hohnstein at 15:25-26, 31-32 (EX1002)). Access data
terminal 566 is connected to junction box 562 by access cable 568. (Id. at 15:31-
32 (EX1002)). One of ordinary skill in the art would have understood that access
data terminal 566 is removable from junction box 562 by disconnecting access
cable 568, and is therefore removably coupled to backhaul data terminal 554.
(Kotzin 125 (EX1008)).
a) The wireless communication device of claim 2, further

comprising an antenna, wherein the second transceiver is
removably coupled to the antenna.
Hohnstein discloses that directional access antenna 570 and omnidirectional
access antenna 547 are attached to access data terminal 566. (Hohnstein at 15:31-
33 (EX1002)). Omnidirectional antenna 574 is connected to access data terminal
566 via cabling. (Id. at 15:38-40, 44-45 (EX1002)). Antenna module 502 (the
identified wireless communication device) therefore comprises an antenna.
(Kotzin 126 (EX1008)).
43
IPR2017-01178
One of ordinary skill in the art would have understood that access data
terminal 566 could have been removed from omnidirectional antenna 574 by
disconnecting the cabling that attached those elements together. (Kotzin 127
(EX1008)). Therefore, Hohnstein discloses that access data terminal 566 is
removably coupled to omnidirectional antenna 574.

wherein the wireless communication device is a fixed-site
subscriber station.
Hohnstein discloses that antenna module 502 can be mounted on vertical
pole 504. (Hohnstein at 13:45-46 (EX1002)). Therefore, antenna module 502 is a
fixed-site subscriber station because it is fixed and mounted to vertical pole 504,
and subscribes to a base station 40 which services it. (Id. at 5:42-47 (EX1002));
(Kotzin 128 (EX1008)).

wherein the wireless communication device is mounted on the
outside of a building and at least some of the plurality of
computing devices are located inside the building.
Hohnstein discloses that antenna module 502 can be mounted on vertical
pole 504. (Hohnstein at 13:45-46 (EX1002)). One of ordinary skill in the art
would have understood that since antenna module 502 can be mounted on a pole,
44
IPR2017-01178
antenna module 502 can also be mounted on the outside of a building. (Kotzin
129 (EX1008)).
Subscriber units 26 located within a coverage area 24 of access point 22
(embodied by antenna module 502) each establish a wireless link 28 with the
access point 22 that provides the coverage area. (Hohnstein at 4:17-19, Fig. 1
(EX1002)). A subscriber unit 26 can be, for example, a mobile telephone or a
computer, which are computing devices. (Id. at 4:24-28 (EX1002)). These
computing devices can be located inside a building. (Kotzin 130 (EX1008)).
Therefore, one of ordinary skill in the art would have understood that
antenna module 502 could have been mounted on the outside of a building and at
least some of the plurality of subscriber units 26 that antenna module 502
communicates with could have been located inside the building. (Id. at 131
(EX1008)).

comprising an AC power supply and a battery power supply.
Hohnstein discloses that cabling 519 connects power box 518 to antenna
module 502. (Hohnstein at 14:1-2 (EX1002)). Power box 518 functions as an
uninterruptible power supply to antenna module 502 using a charge/discharge
circuit 520 and an electrical storage device 522, which can be one or more
batteries. (Id. at 14:11-15 (EX1002)). Additionally, AC power source 530
45
IPR2017-01178
provides power via hot cable 532 and neutral cable 534 to a light system 508, as
shown by Figure 10. (Id. at 14:25-27, Fig. 10 (EX1002)). Power adapter 512 taps
into hot cable 532 and neutral cable 534 to provide power for antenna module 502.
(Id. at 14:31-35 (EX1002)).
Therefore, antenna module 502 receives its power supply from a battery
power source and an AC power source. One of ordinary skill in the art would have
found it obvious to have antenna module 502 comprise both the AC power source
and a battery power source in order to ensure that antenna module 502 maintains
power and has a backup supply of power if one of the power sources malfunctions.
(Kotzin 133 (EX1008)).

comprising a battery monitor operable to detect error
conditions in one of the AC power supply and the battery
power supply and transmit an alarm signal to the base station
via the first transceiver.
As previously noted in regard to claim 6, Hohnstein discloses an AC power
supply and a battery power supply. If AC power supplied by light system 508 does
not meet the requirements of antenna module 502, power conversion equipment
such as transformers and voltage converters can be included in power box 518 so
that antenna module 502 remains powered by AC power. (Hohnstein at 14:3-7
(EX1002)).
46
IPR2017-01178
Since it is determined when supplied AC power does not meet the power
requirements of antenna module 502, one of ordinary skill in the art would have
understood that error conditions of AC power supply 530 would be monitored to
determine when power conversion equipment should be used, and when
uninterrupted power from charge/discharge circuit 520 and an electrical storage
device 522 should be supplied to antenna module 502. (Kotzin 135 (EX1008)).
Moreover, one of ordinary skill in the art would have found it obvious that when
power supplied by AC power supply 530 and charge/discharge circuit 520 and an
electrical storage device 522 is not sufficient to power antenna module 502,
backhaul data terminal 554 would alarm a base station 40 that is transmitting
packets to it in order to alert that the access point will no longer service subscriber
units in its coverage area. (Id. (EX1008)).

wherein the first transceiver is further operable to
communicate via wireline with one of a telephone and a
personal computer.
For upstream communication, packets received from a subscriber unit are
converted from a digital baseband format to a broadband format by backhaul data
terminal 554 (identified first transceiver), and transmitted using backhaul antenna
552 to a base station 40. (Hohnstein at 2:57-59; 16:8-10 (EX1002)).
47
IPR2017-01178
A base station 40 determines that a packet is destined for a subscriber unit
26 within a coverage area 24, and forwards the packet to the respective access
point 22 that forms the coverage area. (Id. at 6:38-43 (EX1002)). The access point
22 then passes the information packet to the destination subscriber unit 26 via link
28. (Id. at 4:47-49; 6:38-43 (EX1002)).
Subscriber unit 26 can be a terminal network controller 30. (Id. at 4:58-60
(EX1002)). Terminal network controller 30 can be connected to information
sources such as voice equipment 32 and computing equipment 34 via a coaxial
cable or twisted pair cable. (Id. at 4:59-67 (EX1002))
Therefore, packets are sent from backhaul data terminal 554 (identified first
transceiver) to a base station 40, and forwarded to a terminal network controller 30
that outputs the packets over a wireline, such as coaxial cable or twisted pair cable,
to voice equipment 32 and computing equipment 34. (Kotzin 139 (EX1008)).
Thus, backhaul data terminal 554 therefore communicates via wireline with at least
one of voice equipment 32 and computing equipment 34. (Id. (EX1008)). As
shown by Figure 1, voice equipment 32 is a telephone and a computing equipment
34 is a personal computer.
48
IPR2017-01178

wherein the first signal comprises data traffic from the
Internet.
Hohnstein discloses that a base station 40 includes a back end
communication interface 106 for connecting to the Internet. (Hohnstein at 8:49-54
(EX1002)). Therefore, base station 40 can send and receive information from the
Internet. (Kotzin 140 (EX1008)). Base station 40 forwards packets to an access
point 22 that passes the packets to a destination subscriber unit 26 via link 28.
(Hohnstein at 4:47-49; 6:38-43 (EX1002)). As discussed above in Sections
VII.A.3.b and VII.A.3.f, backhaul data terminal 554 (identified first transceiver) of
antenna system 502 (which forms access point 22) is in direct wireless
communication with a terrestrial base station 40, and receives a first signal from
the base station. The first signal includes data traffic from the Internet when base
station 40 receives packets from the Internet destined for the destination subscriber
unit 26 via back end communication interface 106. (Kotzin 140 (EX1008)).

wherein the second signal comprises data traffic to be sent to
the Internet.
A subscriber unit 26 located within coverage area 24 establishes a wireless
link 28 with the access point 22 that provides the coverage area. (Hohnstein at
4:17-19, Fig. 1 (EX1002)). For upstream communication, packets are received
49
IPR2017-01178
from a subscriber unit by access antenna 570 and converted to a digital baseband
format by access data terminal 566. (Id. at 2:55-57; 16:14-15 (EX1002)). The
packets are thereafter transmitted using backhaul antenna 552 to a base station 40.
(Id. at 2:57-59; 16:8-10 (EX1002)). A base station 40 can determine that the
information packet is destined for the Internet, and transmit the information packet
via a gateway 50 to the Internet. (Id. at 6:55-61 (EX1002)). Therefore, a packet
transmitted via link 28 from a subscriber unit 26 (the identified second signal)
comprises data traffic to be sent to the Internet. (Kotzin 141 (EX1008)).
a) A wireless communication system, comprising:

Hohnstein discloses a wireless communication system 20 that includes an
access point 22. (Hohnstein at 2:14-15 (EX1002)).
b) a first wireless communication device in direct wireless

communication with a base station and a plurality of
computing devices
As noted in sections VII.A.3.a, VII.A.3.b, and VII.A.3.d, Hohnstein
discloses that access point 22, embodied by antenna module 502, is a first wireless
communication device in direct wireless communication with a base station and a
plurality of computing devices. (Kotzin 143-145 (EX1008)).
50
IPR2017-01178
c) the first wireless communication device comprising: a
first transceiver coupled to a first antenna, the first
transceiver operable to communicate with a terrestrial base
station in direct wireless communication with a plurality of
wireless communication devices,
As noted in Section VII.A.3.b and Section VII.A.3.c Hohnstein discloses
this element. Moreover, Hohnstein discloses that backhaul data terminal 554 is
coupled to a first antenna formed by backhaul antenna 552. (Hohnstein at 5:42-47
(EX1002)). Therefore, Hohnstein discloses this limitation. (Kotzin 83, 146-147
(EX1008)).
d) wherein the first wireless communication device is one

of the plurality of wireless communication devices;
Hohnstein discloses base station 40 in direct communication with at least
two access points 22, as shown below in annotated Figure 1.
Therefore, Hohnstein discloses that the first wireless communication device
formed by access point 22 that communicates with base station 40 is one of the
51
IPR2017-01178
plurality of wireless communication devices that base station 40 communicates
with. (Kotzin 148-149 (EX1008)).
e) and [the first wireless communication device

comprising:] a second transceiver coupled to a second
antenna, the second transceiver in direct wireless broadband
communication with the plurality of computing devices,
As noted in Section VII.A.3.d, Hohnstein discloses this element. Hohnstein
also discloses that directional access antenna 570 and omnidirectional antenna 574
are coupled to access data terminal 566. (Hohnstein at 15:29-33, 38-40, 44-45
(EX1002)).
f) the second transceiver being coupled to the first

transceiver
As noted above in Section VII.A.3.e, Hohnstein discloses this element.
g) wherein: the first transceiver receives a first signal

computing device of the plurality of computing devices,
As noted above in Section VII.A.3.f, Hohnstein discloses this element.
h) the second wireless local area network transceiver

characteristics of the first computing device;
As noted above in Section VII.A.3.g, Hohnstein discloses this limitation. To
the extent that the patent owner argues or may argue that Hohnstein does not
explicitly disclose that access terminal 566 (the identified second transceiver)
determines signal characteristics of a computing device and transmits a signal to
52
IPR2017-01178
the computing device based on the determined signal characteristics, Phillips
teaches these elements as noted in Section VII.A.3.g.
i) and the second transceiver receives a second signal

for the base station,
As noted above in Section VII.A.3.h, Hohnstein discloses this element.
j) and in response the first transceiver transmits the

second signal to the base station.
Hohnstein discloses that for upstream communication, information packets
are received from a subscriber unit by access antenna 570 and converted to a
digital baseband format by access data terminal 566. (Hohnstein at 2:55-57; 16:14-
15 (EX1002)). The information packets are then converted from the digital
baseband format to a broadband format by backhaul data terminal 554, and
transmitted using backhaul antenna 552 to a base station 40. (Id. at 2:57-59; 16:8-
10 (EX1002)).
An information packet sent by subscriber unit 26 to access data terminal 566
forms the second signal. (Kotzin 187 (EX1008)). Therefore, the first transceiver
formed by backhaul data terminal 554 transmits the information packet that forms
the second signal to base station 40 via backhaul antenna 552 in response to the
information packet being received from a subscriber unit by access data terminal
566. (Id. at 188 (EX1008)).
53
IPR2017-01178
a) The wireless communication system of claim 11,

first transceiver.
As noted above in Section VII.A.4.a, Hohnstein discloses this element.

second antenna.
As noted above in Section VII.A.5.a and Section VII.A.13.e, Hohnstein
discloses this element.

subscriber station.

wherein the first wireless communication device is adapted for
mounting to an outside surface of a building.

wherein the wireless communication device further comprises
an AC power supply and a battery power supply.
54
IPR2017-01178

a battery monitor operable to detect error conditions in one of
the AC power supply and the battery power supply and
transmit an alarm signal to the base station via the first
transceiver.

personal computer.

Internet.

the Internet.
55
IPR2017-01178
B. Ground II: Claims 1-20 are rendered obvious by Hohnstein and
Agrawal
1. Overview of Agrawal
Agrawal discloses a power control and error correction technique for mobile
radio systems. (Agrawal at 3:8-9 (EX1005)); (Kotzin 206 (EX1008)). Figure 1,
reproduced below, shows an exemplary wireless communication environment of
Agrawal.
One or more mobile units 14 communicate with a base station 13 via
communications link 15. (Agrawal at 3: 54-57, 60-62 (EX1005)).
Communications link 15 provides two-way communication between a unit 14 and
base station 13. (Id. at 3: 62-65 (EX1005)). Interference 16 may be present, and
56
IPR2017-01178
can interfere with communications link 15. (Id. at 3:66-4:2 (EX1005)). When
interference 16 is present, power control and error correction is used to manage the
quality of communication link 15. (Id. at 4: 13-16 (EX1005)).
Mobile unit 14 periodically monitors the received signal strength and word
error rate (WER) of a connection with base station 13. (Id. at 5: 24-25 (EX1005)).
Base station 13 uses the monitored signal strength and WER for setting power and
encoding levels of the connection. (Id. at 5: 26-29 (EX1005)). For example, if
mobile unit 14 moves away from base station 13 and the WER observed by mobile
unit 14 increases beyond a predetermined upper limit, mobile unit 14 informs base
station 13 of the drop in channel quality. (Id. at 5: 39-43 (EX1005)); (Kotzin 208
(EX1008)). Base station 13 changes the power level and/or encoding level of the
communication channel with mobile unit 14 based on this feedback. (Agrawal at
5: 43-45 (EX1005)); (Kotzin 208 (EX1008)). Base station 13 then informs
mobile unit 14 of the change in encoding so that mobile unit 14 can use the correct
corresponding decoding scheme. (Agrawal at 5: 45-47 (EX1005)).
2. Claim 1 is obvious in view of Hohnstein and Agrawal.
a) A wireless communication device

b) [The wireless communication device comprising:] a

first transceiver in direct wireless communication with a
terrestrial base station
As noted above in Section VII.A.3.b, Hohnstein discloses this element.
57
IPR2017-01178
c) wherein the terrestrial base station is in direct wireless
communication with a plurality of wireless communication
devices; and
As noted above in Section VII.A.3.c, Hohnstein discloses this element.
d) [The wireless communication device comprising:] a

second wireless local area network transceiver in direct
wireless broadband communication with a plurality of
computing devices located within a coverage area of the
second transceiver,
As noted above in Section VII.A.3.d, Hohnstein discloses this element.
e) the second transceiver being coupled to the first

transceiver
f) wherein; the first transceiver receives a first signal

computing device of the plurality of computing devices
g) the second wireless local area network transceiver

characteristics of the first computing device
Hohnstein discloses features related to element (g) as noted above in Section
VII.A.3.g. However, to the extent that the patent owner argues or may argue that
Hohnstein does not explicitly disclose that access terminal 566 (the identified
second transceiver) determines signal characteristics of a computing device and
58
IPR2017-01178
transmits a signal to the computing device based on the determined signal
characteristics, Agrawal teaches these elements.
Like Hohnstein, Agrawal describes adjusting a wireless connection to
maintain wireless connectivity. (Kotzin 216 (EX1008)). Agrawal discloses that
during connection with base station 13, mobile unit 14 periodically monitors the
received signal strength and word error rate (WER) (i.e., signal characteristics of
mobile unit 14). (Agrawal at 5: 24-25 (EX1005)). If mobile unit 14 moves away
from base station 13 and the WER observed by mobile unit 14 increases beyond a
predetermined upper limit, mobile unit 14 informs base station 13 of the drop in
channel quality. (Id. at 5: 39-43 (EX1005)). The base station 13 of Agrawal
changes the power level and/or encoding level of the communication channel with
mobile unit 14 based on this feedback, and thereafter transmits over the adjusted
communication channel (i.e., transmits to signals to mobile unit 14 based on the
determined signal strength and WER signal characteristics of mobile unit 14). (Id.
at 5: 43-45; 7:49-52 (EX1005)); (Kotzin 216 (EX1008)).
Therefore, when base station 13 receives feedback information from mobile
unit 14 about the drop in channel quality, the base station determines signal
characteristics of mobile unit 14. (Kotzin 217 (EX1008)). Moreover, when base
station 13 changes the power level and/or encoding level of the communication
channel with mobile unit 14 based on this feedback and thereafter transmits over
59
IPR2017-01178
the adjusted communication channel, base station 13 is transmitting a signal to
mobile unit 14 based on the determined drop in channel quality signal
characteristics. (Id. (EX1008)).
One of ordinary skill in the art would have wanted to maximize the
likelihood of having successful wireless connectivity because losing connectivity
or the degradation of connectivity is undesirable. (Id. at 218 (EX1008)).
Furthermore, one of ordinary skill in the art would have recognized the high degree
of variability in wireless communications, especially in communication systems
involving mobile devices used across geographic areas, or the operation of devices
in non-static radio environments such as a home or office, where moving people
and objects can influence the quality of communication. (Id. (EX1008)). A
combination of Hohnstein and Agrawal would have provided a system that helps
ensure successful wireless connectivity and combats against the variability in
wireless communications. (Id. (EX1008)).
Indeed, Hohnstein and Agrawal both describe adjusting a wireless
connection to maintain wireless connectivity. For example, Hohnstein discloses:
a quality error bit rate is established for each subscriber unit 26.
This quality error bit rate may be based on the location of subscriber unit
26 within communication system 20, the data or transmission rate of
service assigned to subscriber unit 26, or any other suitable parameter.
60
IPR2017-01178
Hohnstein discloses that the quality error bit rate changes to reflect noise
conditions in communication system 20 and ensure successful transmission:
The quality error bit rate may be modified while subscriber unit 26
is within communication system 20 to reflect changing conditions such as
noise, demand, connectivity, or any other suitable parameter. Applications
providing services to subscriber unit 26 may adjust these services based on
the quality error bit rate. For example, an application providing streaming
audio and video may reduce the frame update rate as noise increases,
guaranteeing successful transmission at a lower information rate.
Agrawal similarly discloses that a wireless connection is adjusted to help
ensure successful communication despite reduced channel quality:
If the mobile unit is moving away from the base station and the
word-error rate observed by the mobile increases beyond a predetermined
upper limit, WERu, the mobile unit advantageously informs the base station
of the drop in the channel quality and the base station changes the power
level and/or the encoding level based on this feedback.
(Agrawal at 5: 39-45 (emphases added) (EX1005)).
Agrawal discloses that the noise or interference of the channel is analyzed
when determining channel quality:
The receiver observes the noise or interference level, Iobs, by

monitoring the channel when it is idle. During transmission, the receiver
also monitors the received power level and the word-error-rate. The CIR
[carrier-to-interference-ratio] observed at the receiver is a function of the
61
IPR2017-01178
power observed at the receiver and the noise/interference level seen by the
receiver.
(Agrawal at 5: 48-53 (brackets and emphases added) (EX1005)).
Adjusting a wireless connection in light of reduced channel quality is
important in Hohnstein because it allows subscriber units to maintain an acceptable
connection with communication system 20. (Kotzin 223 (EX1008)). Hohnstein
states, for example, that to guarantee successful transmission of streaming audio
and video data to a subscriber unit, a frame update rate of the data is adjusted based
on a quality error bit rate. (Hohnstein at 5:8-17 (EX1002)); (Kotzin 223
(EX1008)). Furthermore, an improvement to the quality error bit rate allows for an
improvement in the quality of data transmission. (Kotzin 223 (EX1008)).
Agrawal acknowledges the importance of adjusting a wireless connection to
maintain acceptable connectivity. (Agrawal at 1:18-26; 5:36-47 (EX1005));
(Kotzin 224 (EX1008)). In Agrawal, a communication channel is monitored to
determine channel quality degradation caused by interference (i.e., signal
characteristics), and adjusted based on the drop of channel quality (i.e., transmit
signals over the adjusted channel and therefore based on the signal characteristics).
(Agrawal at 1:18-22; 5:39-47 (EX1005)). The techniques disclosed by Agrawal
provide a feedback loop used for changing the power and encoding level of a
connection. (Id. at 4:16-18 (EX1005)). Changing the power of a connection
62
IPR2017-01178
provides improvement to quality error bit rate of a transmitted data. (Kotzin 224
(EX1008)).
Therefore, it would have been obvious to a person of ordinary skill in the art
to have combined the adjustment and feedback techniques of Agrawal with the
configuration of Hohnstein by known methods in order to obtain the predictable
result of maintaining wireless connections with subscriber devices and providing
improved connection quality. (Kotzin 225 (EX1008)). One of ordinary skill who
was familiar with Hohnstein and then read Agrawal would have been motivated to
improve Hohnsteins system by providing Agrawals channel observation and
feedback techniques. (Id. (EX1008)). Using the techniques of Agrawal with
Hohnsteins system would have provided the benefit of continued connectivity at
an acceptable quality between an access point and subscriber unit, and also
provided the adjustment of signal power to improve Hohnsteins quality error bit
rate. (Id. (EX1008)). The improvement to Hohnsteins quality error bit rate
would then have provided an improvement in the quality of transmitted data. (Id.
(EX1008)). Modifying Hohnstein with Agrawal would also have had a reasonable
chance of success because both systems rely on observing channel quality and
adjusting the channel based on the quality. (Id. (EX1008)).
The modification of Hohnstein by Agrawal would have been implemented
by modifying the antenna access data terminal 566 (the identified second
63
IPR2017-01178
transceiver) of Hohnstein with known circuitry and/or software to determine signal
characteristics, adjust signal power, and thereby transmit signals based on the
determined signal characteristics, as taught by Agrawal. (Agrawal at 3:56-65
(EX1005)); (Kotzin 226 (EX1008)). One of ordinary skill in the art would have
been able to implement this modification using basic, routine electrical
configurations, such as implementing the transmission and reception elements of
Agrawals base station 13 with the transceiver elements of Hohnsteins antenna
access data terminal 566. (Agrawal at 3:56-65 (EX1005)); (Kotzin 226
(EX1008)).
While Agrawal describes the functionality of its wireless communication in
the context of a base station (i.e., base station 13), this functionality would have
been readily implemented in antenna access data terminal 566 (the identified
second transceiver) of Hohnstein because both elements provide the entry point for
subscriber units to the overall communication system. (Hohnstein at 4:10-19;
5:43-44; Fig. 1 (EX1002)); (Agrawal at 3:55-59, Fig. 1 (EX1005)); (Kotzin 227
(EX1008)). In Hohnstein, access point 22, which is embodied by antenna module
502, uses antenna access data terminal 566 and its antennas to communicate
directly with subscriber units 26, and antenna access data terminal 566 provides the
entry point for subscriber units into communication system 20. (Hohnstein at 4:10-
19; 5:43-44; Fig. 1 (EX1002)); (Kotzin 227 (EX1008)). Similarly, Agrawals
64
IPR2017-01178
base station 13 communicates directly with mobile units 14 and provides the entry
point for mobile units into Agrawals communication environment. (Agrawal at
3:51-59, Fig. 1 (EX1005)); (Kotzin 227 (EX1008)).
Therefore, one of ordinary skill in the art would have been motivated to
modify the access data terminal 566 (the identified second transceiver) of
Hohnstein based on the feedback techniques of Agrawal to determine signal
characteristics of a computing device and transfer a data signal to the computing
device based on the determined signal characteristics. (Kotzin 228 (EX1008)).
h) and the second transceiver receives a second signal

As noted above in Section VII.A.3.h, Hohnstein discloses this element.
i) and the first transceiver transmits the second signal to

the base station
As noted above in Section VII.A.3.i, Hohnstein discloses this element.

first transceiver.
65
IPR2017-01178

comprising an antenna, wherein the second transceiver is
removably coupled to the antenna.

subscriber station.

wherein the wireless communication device is mounted on the
outside of a building and at least some of the plurality of
computing devices are located inside the building.

comprising an AC power supply and a battery power supply.

comprising a battery monitor operable to detect error
conditions in one of the AC power supply and the battery
power supply and transmit an alarm signal to the base station
via the first transceiver.
66
IPR2017-01178

personal computer.

Internet.

the Internet.
a) A wireless communication system, comprising:

b) a first wireless communication device in direct wireless

communication with a base station and a plurality of
computing devices
As noted above in Section VII.A.13.b, Hohnstein discloses this element.
c) the first wireless communication device comprising: a

first transceiver coupled to a first antenna, the first
transceiver operable to communicate with a terrestrial base
67
IPR2017-01178
station in direct wireless communication with a plurality of
wireless communication devices,
As noted above in Section VII.A.13.c, Hohnstein discloses this element.
d) wherein the first wireless communication device is one

of the plurality of wireless communication devices; and
As noted above in Section VII.A.13.d, Hohnstein discloses this element.
e) and [the first wireless communication device

comprising:] a second transceiver coupled to a second
antenna, the second transceiver in direct wireless broadband
communication with the plurality of computing devices,
f) the second transceiver being coupled to the first

transceiver
g) wherein: the first transceiver receives a first signal

computing device of the plurality of computing devices,
As noted above in Section VII.A.13.g, Hohnstein discloses this element.
h) the second wireless local area network transceiver

characteristics of the first computing device;
As noted above in Sections VII.A.3.g and VII.B.2.g, Hohnstein discloses
this limitation. To the extent that the patent owner argues or may argue that
68
IPR2017-01178
Hohnstein does not explicitly disclose that access terminal 566 (the identified
second transceiver) determines signal characteristics of a computing device and
transmits a signal to the computing device based on the determined signal
characteristics, Agrawal teaches these elements as noted above in Section
VII.B.2.g.
i) and the second transceiver receives a second signal

As noted above in Section VII.A.13.i, Hohnstein discloses this element.
j) and in response the first transceiver transmits the

second signal to the base station.
As noted above in Section VII.A.13.j, Hohnstein discloses this element.

first transceiver.

second antenna.
69
IPR2017-01178

subscriber station.

wherein the first wireless communication device is adapted for
mounting to an outside surface of a building.

an AC power supply and a battery power supply.

a battery monitor operable to detect error conditions in one of
the AC power supply and the battery power supply and
transmit an alarm signal to the base station via the first
transceiver.
70
IPR2017-01178

personal computer.

Internet.

the Internet.
71
IPR2017-01178
VIII. CONCLUSION
Based on the foregoing, the challenged claims of the 555 Patent are
unpatentable. The Petitioner requests institution of an inter partes review to cancel
these claims.
Respectfully Submitted,
/David L. Cavanuagh/
David L. Cavanaugh
Registration No. 36,476
Jonathan Stroud
Ashraf Fawzy
Daniel V. Williams
72
IPR2017-01178
Table of Exhibits for U.S. Patent 9,225,555 Petition for Inter Partes Review
Exhibit Description
1001 US Pat. No. 9,225,555 (the 555 patent)
1002 US Pat. No. 6,816,706 (Hohnstein)
Personal Wireless Communication with DECT and PWT by
1003 John A. Phillips and Gerard Mac Namee (Phillips)
(Photocopies of pages from hardcover version)
Personal Wireless Communication with DECT and PWT by
1004
John A. Phillips and Gerard Mac Namee (Electronic version)
1005 US Pat. No. 5,722,051 (Agrawal)
1006 US Pat. 5,890,055 (Chu)
1007 US Pat. 5,479,400 (Dilworth)
1008 Declaration of Dr. Kotzin
1009 File History, Application (8/6/2012)
1010 File History, Office Action (10/13/2010)
1011 US Pat. No. 6,035,178 (Chennakeshu)
1012 US Pat. No. 6,222,503 (Gietema)
1013 File History, Amendment (4/13/2011)
1014 File History, Office Action (7/6/2011)
1015 US Pat. No. 5,475,735 (Williams)
1016 US Pat. No. 6,289,213 (Flint)
1017 US Pat. No. 7,292,844 (Dowling)
1018 File History, Notice of Allowability (9/30/2014)
1019 Petitioners Voluntary Responses to Interrogatories
i
IPR2017-01178
WORD COUNT CERTIFICATE OF COMPLIANCE
I hereby certify that the foregoing, Petition for Inter Partes Review, contains
13898 words as measured by the word processing software used to prepare the
document, in compliance with 37 C.F.R. 42.24 (d).
Respectfully submitted,
Dated: March 30, 2017 /Daniel V. Williams/

Daniel V. Williams
Reg. No. 45,221
Wilmer Cutler Pickering Hale and Dorr LLP

1875 Pennsylvania Ave., NW
Washington, DC 20006
Tel: (202) 663-6000
i
IPR2017-01178
CERTIFICATE OF SERVICE
I hereby certify that on March 30, 2017, I caused a true and correct copy of
the foregoing materials:
Petition for Inter Partes Review of U.S. Patent No. 9,225,555 Under 35
U.S.C. 312 and 37 C.F.R. 42.104
Exhibit List
Exhibits for Petition for Inter Partes Review of U.S. Patent No. 9,225,555
(EX10011019)
Word Count Certificate of Compliance
Fee Authorization
Power of Attorney
to be served via Federal Express on the following correspondent of record as listed
on PAIR:
Byrne Poh LLP

11 Broadway, Ste 1115
New York NY 10004
/Daniel V. Williams/
Daniel V. Williams
ii

Unified Patents Inc. v. General Access Solutions, LTD., IPR2017-01178 (PTAB March 30, 2017) (Petition)

Uploaded by

Document Information

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Unified Patents Inc. v. General Access Solutions, LTD., IPR2017-01178 (PTAB March 30, 2017) (Petition)

Uploaded by

Copyright:

Available Formats

DOCKET NO.

Jonathan Stroud, Reg. No. 72,518

UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

UNIFIED PATENTS INC.

GENERAL ACCESS SOLUTIONS, LTD., f/k/a ACCESS SOLUTIONS, LTD.

PETITION FOR INTER PARTES REVIEW OF

I. MANDATORY NOTICES ............................................................................. 1

A. Real Party-in-Interest ............................................................................ 1

II. CERTIFICATION OF GROUNDS FOR STANDING .................................. 2

III. OVERVIEW OF CHALLENGE AND RELIEF REQUESTED .................... 2

A. Prior Art Patents and Printed Publications ............................................ 3

1. US Pat. 6,816,706 (filed on September 8, 2000; issued on

B. Grounds for Challenge .......................................................................... 4

IV. TECHNOLOGY BACKGROUND................................................................. 4

V. OVERVIEW OF THE 555 PATENT ............................................................ 6

A. Summary of the Alleged Invention ....................................................... 6

VI. CLAIM CONSTRUCTION .......................................................................... 13

A. Wireless Communication Device ........................................................ 14

A. Ground I: Claims 1-20 are rendered obvious by Hohnstein in view of

1. Overview of Hohnstein ............................................................. 15

B. Ground II: Claims 1-20 are rendered obvious by Hohnstein and

1. Overview of Agrawal ................................................................ 56

Pursuant to 37 C.F.R. 42.8(b)(1), Unified Patents Inc. (Unified or

EX1019 (Petitioners Voluntary Interrogatory Responses).

Access Solutions, Ltd.1 (General Access Solutions or Patent Owner).

General Access Solutions, Ltd. v. Pantech Co., Ltd. et al, 2:16-cv-01348-

2:16-cv-01349-RWS (E.D. Tex.); General Access Solutions, Ltd. v. Novatel

Xiaomi, Inc., 2:16-cv-01351-RWS (E.D. Tex.).

(Reg. No. 45,221) will act as back-up counsel.

D. Service Information, Email, Hand Delivery and Postal

and jonathan@unifiedpatents.com. Petitioner can be reached at Wilmer Cutler

Connecticut Ave. NW, Floor 10, Washington, DC 20009, (650) 999-0899.

II. CERTIFICATION OF GROUNDS FOR STANDING

claims on the grounds identified in this Petition.

III. OVERVIEW OF CHALLENGE AND RELIEF REQUESTED

claims 1-20 of the 555 Patent.

1. US Pat. 6,816,706 (filed on September 8, 2000; issued on

3. US Pat. 5,722,051 (filed on February 13, 1996; issued on

America Invents Act (AIA). Accordingly, pre-AIA statutory framework applies.

submitted an electronic version of this book, which is referred to as Exhibit 1004.

B. Grounds for Challenge

This Petition, supported by the declaration of Michael D. Kotzin (Kotzin

Declaration or Kotzin (EX1008)), requests cancellation of challenged claims 1-

20 as unpatentable under 35 U.S.C. 103. See 35 U.S.C. 314(a).

IV. TECHNOLOGY BACKGROUND

A wireless network is generally a computer network that allows nodes, such

other. Wireless networking provides such communication without incurring the

costs or installation of a wired infrastructure. (Kotzin 32 (EX1008)). Examples of

wireless networks include cellular networks, wireless local area networks

(WLANs), digital European cordless telephone (DECT) networks, and wireless

sensor networks. (Id. at 33 (EX1008)).

A cellular or mobile network is distributed over geographic areas called

cells. Each cell is provided by at least one fixed-location transceiver, known as a

data to the network via the base station. (Id. at 33 (EX1008)).

An access point is an intervening network device that relays data between

Multiple access points may form a wireless distribution system that

communicates with a base station to provide wider area coverage to mobile

devices. Such distribution systems enable access points to interconnect mobile

Electrical and Electronics Engineers (IEEE) 802.11 standard. (Id. at 35

In a process known as inter-cell handover, a mobile device may switch from

communicating. (Id. at 36 (EX1008)). Inter-cell handover may occur between

different base stations or between different access points. (Id. at 36 (EX1008)).