IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE...

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE

BEFORE THE PATENT TRIAL AND APPEAL BOARD

In the Inter Partes Review of: ) ) Trial Number: To Be Assigned

U.S. Patent No. 7,558,283 ) ) Attorney Docket No.: Filed: March 2, 2005 ) 022807-0000026 ) Issued: July 7 2009 ) Panel: To be assigned ) Title: METHOD, APPARATUS ) AND COMPUTER PROGRAM ) PRODUCT PROVIDING QUALITY ) OF SERVICE SUPPORT IN A ) WIRELESS COMMUNICATIONS ) SYSTEM )

Mail Stop Patent Board Patent Trial and Appeal Board P.O. Box 1450 Alexandria, VA 22313-1450

PETITION FOR INTER PARTES REVIEW OF U.S. PATENT NO. 7,558,283

PURSUANT TO 35 U.S.C. §§ 311-319 AND 37 C.F.R. § 42

Attorney Docket No. 022807-0000026 IPR of U.S. Patent No. 7,558,283

i

TABLE OF CONTENTS

Table of Contents

Page

I. MANDATORY NOTICES UNDER 37 C.F.R. § 42.8(a)(1) .......................... 1

A. Real Party-In-Interest Under 37 C.F.R. § 42.8(b)(1) ...................................... 1

B. Related Matters Under 37 C.F.R. § 42.8(b)(2) ................................................ 1

C. Lead and Back-Up Counsel Under 37 C.F.R. § 42.8(b)(3) ............................. 1

D. Service Information Under 37 C.F.R. § 42.8(b)(4) ......................................... 1

II. PAYMENT OF FEES UNDER 37 C.F.R. § 42.103 ....................................... 2

III. SUMMARY OF THE ’283 PATENT ............................................................. 2

A. Technical Background ..................................................................................... 2

B. Description of the ’283 Patent ......................................................................... 4

C. Summary of the Prosecution History of the ‘283 Patent ................................. 7

IV. REQUIREMENTS FOR INTER PARTES REVIEW UNDER 37 C.F.R. §§ 42.104 ................................................................................................... 8

A. Grounds for Standing Under 37 C.F.R. § 42.104(a) ....................................... 8

B. Identification of Challenge Under 37 C.F.R. § 42.104(b) and Relief Requested ......................................................................................................... 9

C. How the Challenged Claim(s) Are to Be Construed (37 C.F.R. §42.104(b)(3)) ................................................................................................ 10

D. How the Construed Claim(s) Are Unpatentable (37 C.F.R. § 42.104(b)(4)) .................................................................................................. 11

V. BRIEF DESCRIPTION OF PRIOR ART RELIED UPON .......................... 11

A. U.S. Patent No. 6,728,365 to Li et al. (“Li”) ................................................ 11

B. Upper Layer (Layer 3) Signaling Standard for cdma2000 Spread Spectrum Systems, 3GPP2 C.S0005-C Version 1.0, Date May 28, 2002 (“Release C”) ........................................................................................ 13

C. Support for End-to-End QoS, 3GPP2 S.R0079-0 Version 1.0, May 13, 2004 (“SR0079”) ........................................................................................... 14

D. U.S. Patent No. 7,280,505 to Chaskar et al. (“Chaskar”) .............................. 15


ii

E. U.S. Patent No 7,039,039 to Cheong et al. (“Cheong”) ............................... 16

VI. DETAILED EXPLANATION OF PERTINENCE AND MANNER OF APPLYING CITED PRIOR ART TO EVERY CLAIM FOR WHICH REVIEW IS REQUESTED UNDER 37 C.F.R. § 42.104(b) .................................. 18

A. Claims 1 - 15 are invalid under 35 U.S.C. § 102(e) as anticipated by Li. 18

B. Claims 1 - 15 are unpatentable under 35 U.S.C. § 103(a) as obvious over Li alone or in combination with the knowledge of one of ordinary skill. ................................................................................................. 27

C. Claims 1 - 15 are invalid under 35 U.S.C. § 103(a) as obvious over Release C in view of SR0079. ....................................................................... 28

D. Claims 1 - 15 are invalid under 35 U.S.C. § 103(a) as obvious over Chaskar alone or in combination with Li or the knowledge of one of ordinary skill. ................................................................................................. 38

E. Claims 1 - 15 are unpatentable under 35 U.S.C. § 103(a) as obvious over Cheong alone or in combination with Li or the knowledge of one of ordinary skill. ............................................................................................. 47

VII. CONCLUSION .............................................................................................. 57


iii

LIST OF EXHIBITS

Exhibit No. Exhibit

1001 U.S. Patent No. 7,558,283

1002 Provisional Patent Application Serial No. 60/552,466

1003 Prosecution History of US Application Serial No. 11/071,492

1004 U.S. Patent No. 6,728,365 (“Li”)

1005 U.S. Patent No. 7,280,505 (“Chaskar”)

1006 U.S. Patent No. 7,039,039 (“Cheong”)

1007 Upper Layer (Layer 3) Signaling Standard for cdma2000 Spread Spectrum Systems Release C, 3GPP2 C.S0005-C Version 1.0, May 28, 2002 (“Release C”)

1008 Support for End-to-End QoS stage 1 requirements, 3GPP2 S.R0079-0, Version 1.0, initial publication 13 May 2002 (“SR0079”)

1009 Cdma2000 Wireless IP Network Standard: Quality of Service and Header Reduction, 3GPP2 X.S0011-004-C, August 2003 (“XS0011”)

1010 Declaration of Tim A. Williams, Ph.D. (“Williams Declaration”)

Inter partes review is respectfully requested for claims 1 - 15 of U.S. Patent

No. 8,466,283 (“the ’283 patent”) (Ex. 1001).

I. MANDATORY NOTICES UNDER 37 C.F.R. § 42.8(a)(1)

1. The following mandatory notices are provided as part of this Petition.

A. Real Party-In-Interest Under 37 C.F.R. § 42.8(b)(1)

2. The real-parties-in-interest for this Petition is ZTE (USA) Inc., “Petitioner”.

B. Related Matters Under 37 C.F.R. § 42.8(b)(2)

3. The’283 Patent is not presently the subject of Litigation in the United States.

C. Lead and Back-Up Counsel Under 37 C.F.R. § 42.8(b)(3)

4. Petitioner provides the following designation of counsel.

Lead Counsel Steven A. Moore JD, PhD, (Reg. No. 55,462) PILLSBURY WINTHROP SHAW PITTMAN LLP Postal and Hand Delivery Address 501 W. Broadway Suite 1100 San Diego, CA 92101 Telephone: 619.544.3112 Facsimile: 619.236.1995 Email: [email protected]

Back-Up Counsel Richard W. Thill (Reg. No. 53,686)Peter Hahn (Reg. No. 34,833) PILLSBURY WINTHROP SHAW PITTMAN LLP Postal and Hand Delivery Address 501 W. Broadway Suite 1100 San Diego, CA 92101 Telephone: 619.544.3124 Facsimile: 619.236.1995 Email: [email protected];

D. Service Information Under 37 C.F.R. § 42.8(b)(4)

5. Service of any documents via hand-delivery may be made at the postal

mailing addresses of the respective lead or back-up counsel designated above with

courtesy copies to the email addresses [email protected], Petitioner

consents to electronic service.


2

II. PAYMENT OF FEES UNDER 37 C.F.R. § 42.103

6. The undersigned authorizes the Office to charge Deposit Account No.

033975 for the fee set forth in 37 C.F.R. § 42.15(a) for this Petition for Inter Partes

Review. The undersigned further authorizes payment for any additional fees that

might be due in connection with this Petition to be charged to the above-referenced

Deposit Account.

III. SUMMARY OF THE ’283 PATENT

A. Technical Background

7. The following technical background information is supported by the

Declaration of Tim A. Williams, Ph.D. (“Williams Declaration”) (Ex. 1010).

8. The ‘283 patent relates to a system and methods of ensuring end-to-end

Quality of Service. The preferred embodiment is directed to ensuring Quality of

Service during handoff. See Abstract. The subject matter of the ‘283 patent was

proposed and debated within the third generation partnership project 2 (3GPP2) for

inclusion in a family of standards known in the industry as Code Division Multiple

Access 2000 (CDMA2000). While the specification makes it clear that the

patentee intended it not to be limited to that variation of communication

technology. CDMA2000 is a family of standards that is commonly referred to as

3rd generation cellular (3G). See Williams Declaration (Ex. 1010).


3

9. The 3G systems include CDMA2000 and UMTS or WCDMA systems, they

are layered architecture systems. Various functionalities are broken down into

different layers. A layer of particular interest here is Layer 2 which contains Radio

Link Control and Medium Access Control. Layer 3 contains the Radio Access

Control. Within Layers 2 and 3, resources known as Radio Access Bearers are

provided to the upper layers of the architecture. At the Medium Access Control

layer, these Radio Access Bearers can be grouped by priority. The following

figure illustrates the layers architecture of some UMTS systems. See Williams

Declaration (Ex. 1010).

10. Standardization of these technologies was the subject of discussions within

3GPP and 3GPP2 and involves the submission of technical proposals to the various


4

working groups within these organizations. Both bodies hold regular meetings

throughout the world. These technical proposals are considered prior art

publications under prevailing law. These publications are indicative of the level of

knowledge of one of ordinary skill.

11. As such, the devices and systems described and claimed in the ‘283 patent

are either the work of others or obvious variations thereof.

B. Description of the ’283 Patent

12. The purported invention of the ’283 patent relates to advanced cellular

communication systems, and in particular to communication devices and methods

of their use. Much of the technology described in the ’283 patent was developed

by entities involved in the standardization efforts of advanced Third Generation

Cellular systems (3G). These standardization efforts were undertaken by

numerous individuals and companies in industry through their participation in

various Standards Setting Organizations. The Third Generation Partnership

Project (3GPP2) is of particular interest to the standardization efforts of 3G

systems as it is responsible for writing the technical specifications for advanced 3G

systems referred to as CDMA2000. See Williams Declaration” Ex. 1010

13. The ‘283 patent discloses systems and methods used in cellular

communications systems to ensure a certain Quality of Service (QoS) level on


5

End-to-End systems and in the preferred embodiment, during handover. See ‘283

patent Abstract

14. Figure 2 of the ‘283 patent, reproduced below, is illustrative of the purported

invention.

15. Figure 2 illustrates an embodiment of a method of establishing a connection

between a mobile station (MS), a Radio Access Network (RAN), and a Packet

Data Service Node (PDSN). At the time of filing of the ’283 patent, the standards


6

body was addressing how to provide mobile station to mobile station (End-to-End)

QoS data connections.1

16. As described in the ‘283 patent, a MS generates and sends a reservation

message to a base station which is part of the RAN. The message is forwarded to

the PDSN. The request message contains a plurality of QoS attributes and traffic

filter templates. See Claim 1 and FIG. 2. The PDSN receives a request identifier

that uniquely identifies the request among more than one request. Id. It then

processes the QoS attributes and extracts at least one that is related to radio access.

Id. It then generates a set of bearer service parameters based on the extracted

attribute. Id. The PDSN then requests the RAN set up a bearer based on the

service parameters and sends the request identifier to the RAN which is

acknowledged by the RAN. Id. The RAN then sets up the bearer and reports it to

the PDSN. Id. The PDSN then correlates the PDSN connection with the RAN

connection and sends a confirmation message to the MS. Id.

17. Certain claimed embodiments are directed to a MS operating in this

environment. See Claim 4.

18. The challenged claims of the ‘283 patent are claims 1 - 15.

1 A Requirements Document, “Support for End-to-End QoS was initially published

in 2002 and republished in 2004. It is provided here as Exhibit 1008.


7

C. Summary of the Prosecution History of the ‘283 Patent

19. The 283 application issued July 7, 2009 from Application Serial No.

11/071,492 (the ‘492 application). The ‘492 application was filed March 2, 2005

and claims earliest priority to Provisional Application No. 60/552,466 (the ‘466

application) filed March 12, 2004. As discussed in detail in the Declaration of Tim

Williams (Ex. 1010), the ‘492 applciation contains significant new matter first

provided in March 2005. As illustrated in Attachment B to the Willliams

Declaration, at least the following content was new as of the filing of the ‘492

application. Abstract, FIGs 1B and 4 – 8, Column and line numbers 1:14 – 25,

2:38 – 3:18, 3:22 – 25, 3:30 – 6:26, 6:30 – 35, 6: 37 – 38, 6:44 – 59, 6:64 – 8:6,

8:11 – 22, 9:46 – 12:49 and the Claims. Since the predominance of the content

was added at the time of filing of the 492 application, the petitioner believes the

accurate priority date of the claims of the 283 patent is March 2, 2005.

20. The ‘492 application was originally filed with 58 claims. A complete review

of the prosecution history is provided in the expert declaration of Dr. Tim

Williams. Examiner Mais rejected all claims a number of times as anticipated by

U.S. Patent 6,728,365 to Li et al. (“Li”). The applicant made significant claim

limiting amendments to the claims throughout the prosecution of the ‘492

application. In 2006 and 2007 Examiner Mais issued 2 non-final and one final

office actions rejecting claims as anticipated by Mais. On March 14, 2008 the


8

Applicant filed a Request for Continued Examination (“RCE”). In 2008 Examiner

Mais issued aditional non-final and final offic actions.

21. In February 2009 the Applicant filed a second RCE, conducted an interview

with Examiner Mais and added the claim limitation “from at least two requests

from said mobile station, where each request is uniquely identified by a different

request identifier” to the claims. Examiner Mais had been using the identification

(IP Address) of the mobile station as the unique identifier for the request messages

originating at that mobile. He reasoned that since Li taught all limitations of the

claim as written except being able to differentiate between two such requests from

the mobile station, this would overcome Li. As illustrated here and supported by

Dr. Williams declaration, Examiner Mais did not put Li within its appropriate

context to illustrate the inherent teachings of Li.

IV. REQUIREMENTS FOR INTER PARTES REVIEW UNDER 37 C.F.R. §§ 42.104

22. As set forth below and pursuant to 37 C.F.R. § 42.104, each requirement for

inter partes review of the ‘283 patent is satisfied.

A. Grounds for Standing Under 37 C.F.R. § 42.104(a)

23. Petitioner hereby certifies that the ’283 Patent is available for inter partes

review and that the Petitioner is not barred or estopped from requesting inter partes

review challenging the claims of the ’283 Patent on the grounds identified herein.

More particularly, Petitioner certifies that: (1) Petitioner is not the owner of the


9

‘283 Patent; (2) Petitioner has not filed a civil action challenging the validity of a

claim of the ‘283 Patent; (3) this Petition is filed less than one year after the date

on which the Petitioner, the Petitioner’s real party-in-interest, or a privy of the

Petitioner was served with a complaint alleging infringement of the ‘283 Patent;

(4) the estoppel provisions of 35 U.S.C. § 315(e)(1) do not prohibit this inter

partes review; and (5) this Petition is filed after the later of (a) the date that is nine

months after the date of the grant of the ‘283 patent or (b) the date of termination

of any post-grant review of the ‘283 Patent.

B. Identification of Challenge Under 37 C.F.R. § 42.104(b) and Relief Requested

24. The precise relief requested by Petitioner is that claims 1 - 15 of the ’283

Patent be found unpatentable.

25. Inter partes review is requested in view of the following references:

Country of

Origin

Patent Number or Publication Title

ReferenceDate of issuance or publication

Ex.

U.S. 6,728,365 Li April 27, 2004 1004

U.S. 7,280,505 Chaskar May 13, 2004 1005

U.S. 7,039,039 Cheong May 5, 2005 1006

U.S. Upper Layer (Layer 3) Signaling Standard for cdma2000 Spread Spectrum Systems Release C, 3GPP2 C.S0005-C Version 1.0

Release C May 28, 2002 1007

U.S. Support for End-to-End QoS stage 1 requirements, 3GPP2

SR0079 May 13, 2002 1008


10

Country of

Origin

Patent Number or Publication Title

ReferenceDate of issuance or publication

Ex.

S.R0079-0, Version 1.0

26. Li qualifies as prior art under 35 U.S.C. § 102(e). Release C and SR0079

qualify as prior art under 102(b). Chaskar qualifies as prior art under 102(a) and

102(e) and Cheong qualifies under 102(e). Li was used by the Examiner during

prosecution. The following specific grounds of rejection are asserted under §§102

and 103:

Count 1: Claims 1 - 15 are invalid under 35 U.S.C. § 102(e) as anticipated

by Li.

Count 2: Claims 1 - 15 are invalid under 35 U.S.C. § 103(a) as obvious over

Li alone or in combination with the knowledge of one of ordinary skill.


Release C in view of SR0079.


Chaskar in view of the knowledge of one of ordinary skill or in view of Li.


Cheong in view of the knowledge of one of ordinary skill of in view of Li.

C. How the Challenged Claim(s) Are to Be Construed (37 C.F.R. §42.104(b)(3))


11

27. A claim in inter partes review is given the “broadest reasonable construction

in light of the specification.” See 37 C.F.R. § 42.100(b); In re ICON Health and

Fitness, Inc., 496 F.3d 1374, 1379 (Fed. Cir. 2007) (“[T]he PTO must give claims

their broadest reasonable construction consistent with the specification. Therefore,

we look to the specification to see if it provides a definition for claim terms, but

otherwise apply a broad interpretation.”). For the purpose of this proceeding,

claim terms are presumed to take on their broadest reasonable interpretation.

D. How the Construed Claim(s) Are Unpatentable (37 C.F.R. § 42.104(b)(4))

28. An explanation of how the construed claims 1 - 15 of the ‘283 patent are

unpatentable under the statutory grounds identified above, including identification

of where each element of the claim is found in the prior art patents or printed

publications is provided in Section VI, below.

V. BRIEF DESCRIPTION OF PRIOR ART RELIED UPON

A. U.S. Patent No. 6,728,365 to Li et al. (“Li”)

29. Li entitled “METHOD AND SYSTEM FOR PROVIDING

QUALITY OF SERVICE ON PACKET BASED WIRELESS CONNECTIONS”

issued April 27, 2004 from Application Serial No 09/464,592 (the 592 application)

filed December 16, 1999. The 592418 application claims priority to a U.S.


12

Provisional application 60/153,749 filed September 13, 1999. Li qualifies as prior

art under 35 U.S.C. § 102(e).

30. Li is generally directed to systems and methods for extending RSVP

signaling to wireless networks. Li teaches the use of reservation messages and

request identifiers to establish Quality of Service links. See Li, Abstract and FIG.

2.

31. Li is generally directed to systems and methods for extending RSVP

signaling to wireless networks. Li teaches the use of reservation messages and

request identifiers to establish Quality of Service links. See Li, Abstract and FIG.

2. Figure 3 is exemplary of the methods taught by Li.


13

32. A more complete description of Li may be found in the Expert Declaration

of Dr. Tim A. Williams (Ex. 1010).

B. Upper Layer (Layer 3) Signaling Standard for cdma2000 Spread Spectrum Systems, 3GPP2 C.S0005-C Version 1.0, Date May 28, 2002 (“Release C”)

33. Release C was the CDMA2000 standard related to Layer 3 Signaling. While

the technical submissions making up the standard were published within 3GPP2,

Version 1 of Release C was published May 28, 2002. It qualifies as prior art under

35 U.S.C. 102(b) regardless of the priority date of the ’283 patent.


14

34. Release C describes the requirements for interoperability between mobile

stations and base stations.The general architecture and interface to other layers are

depicted in Figure 1.3.1-1of Release C.

35. As with most standards, Release C is significant in its depth and exemplary

relevant portions are discussed in the Expert Declaration of Dr. Tim A. Williams

(Ex. 1010) with respect to the teachings of the ’283 patent.

C. Support for End-to-End QoS, 3GPP2 S.R0079-0 Version 1.0, May 13, 2004 (“SR0079”)

36. SR0079 was the CDMA2000 standard related to end to end QoS Support.

While the technical submissions making up the standard were published within

3GPP2, Version 1 of SR0079 was published May 13, 2002. It qualifies as prior art

under 35 U.S.C. 102(b) to all claims regardless of priority date. SR0079 teaches


15

significant parts of the relevant algorithms and structures claimed by the ’283

patent. Figure 2 of SR0079 illustrates the architecture of the system.

37. As with most standards, SR0079 is significant in its depth and exemplary

relevant portions are discussed in the Expert Declaration of Dr. Tim A. Williams

(Ex. 1010) with respect to the teachings of the ’283 patent.

D. U.S. Patent No. 7,280,505 to Chaskar et al. (“Chaskar”)

38. U.S. Patent No. 7,280,505 entitled “METHOD AND APPARATUS FOR

PERFORMING INTER-TECHNOLOGY HANDOFF FROM WLAN TO

CELLULAR NETWORK” issued October 9, 2007 from Application Serial No.

10/600,156 filed June 19, 2003. It claims priority to U.S. Provisional Application

Serial No. 60/425,801, filed Novemberr 13, 2002. It qualifies as prior art under 35

U.S.C. § 102(e) as of its priority date and under 35 U.S.C. § 102(a) as of its

publication date of May 13, 2004. Since its asignee at the time of the filing of the


16

appliction leading to the 283 patent was also Nokia Corporation, 35 U.S.C. §

103(c) would prevent its use as prior art under 35 U.S.C. § 103(a) if it qualifies as

prior art only under 35 U.S.C. §§ 102(e), (f), or (g). As its title indicates, Chaskar

is directed to handoff between two wireless communications domains. Figure 1 of

Chaskar is illustrative of the system disclosed.

39. A complete description of Chaskar may be found in the Expert Declaration


E. U.S. Patent No 7,039,039 to Cheong et al. (“Cheong”)

40. U.S. Patent No. 7,039,039 to Cheong et al., “Cheong” entitled “QOS

SUPPORT METHOD IN A HIGH-RATE PACKET DATA SYSTEM” issued


17

May 2, 2006 from Application Serial No 10/888,971 filed July 13, 2004. Cheong

claims earliest priority to Korean patent Application KR10-2003-0076386 filed

October 30, 2003. To claims not entitled to the priority date of March 12, 2004 it

is prior art under 35 U.S.C. 102(e) as of the filing date of the U.S. Application on

July 13, 2004.

41. As its title indicates, it is directed to QOS support in high speed wireless

communications systems. Figure 2 is exemplary of the type of wireless system

Cheong is directed to.

42. A complete description of Cheong may be found in the Expert Declaration



18

VI. DETAILED EXPLANATION OF PERTINENCE AND MANNER OF APPLYING CITED PRIOR ART TO EVERY CLAIM FOR WHICH REVIEW IS REQUESTED UNDER 37 C.F.R. § 42.104(b)

A. Claims 1 - 15 are invalid under 35 U.S.C. § 102(e) as anticipated by Li.

43. Li teaches all elements of the claims of the ‘283 patent. Li is the primary

reference used by the Examiner during examination of the application leading to

the ‘283 patent. Over the course of numerous office actions which included two

final actions, the Examiner maintained that Li taught all limitations of the then

pending claims. The examiner asserted that the device IP address would uniquely

identify the message as originating from a particular device, but would be common

across multiple requests. The examiner allowed the claims over an amended that

added the limitation of “uniquely identifying the request from at least two requests

from said mobile station.” The Examiner mistakenly believed that Li did not teach

that element because the unique identifier that the Examiner had been using all

along (the IP address) would have been the same for all requests. The Examiner

failed to realized that Li teaches the use of an identifier called SERVICE_OPTION

which is disclosed as a 16-bit Service Configuration of the existing CDMA2000

messages. A review of the then current CDMA2000 standard shows that this

includes both SR_ID and SOIC which uniquely identify the request among other

requests from the same device.


19

44. The claim chart below details how each and every element recited in claims

1 - 15 is anticipated by Li. This claim chart is supported by the Expert Declaration

of Dr. Tim A. Williams (Ex. 1010) and Appendix A1 thereto.

Claims Disclosure of Li

1. A method, comprising:

receiving from a mobile station a reservation message, said reservation message comprising a request for a plurality of quality of service attributes and a plurality of traffic filter templates;

See Li, Col. 2, Lines 8-22; Col. 5, Lines 2-16; Col. 11, Lines 33-40.

receiving a request identifier generated by said mobile station uniquely identifying the request from at least two requests from said mobile station, where each request is uniquely identified by a different request identifier;

See Li, Col. 11, Line 42 – Col. 12, Line 26; Col. 19, Lines 38-41.

processing the requested plurality of quality of service attributes;

See Li, Col. 4, Lines 1-32; Col. 11, Lines 42-50.

extracting from said requested plurality of quality of service attributes at least one attribute related to radio access;


generating a plurality of bearer service parameters based on the at least one attribute related to radio access;

See Li, Col. 6, Lines 53-58; Col. 11, Line 64 – Col. 12, Line 3.

requesting a radio access network to establish a bearer based on said plurality of bearer service parameters;


providing said request identifier to the radio access network;


receiving acknowledgment from the radio access network;


receiving a setup message comprising a plurality of quality of service attributes granted by the radio access

See Li, Col. 7, Line 66 – Col. 8, Line 4.


20

network and a service reference identifier;

correlating a packet data serving node connection with said radio access network; and


sending a confirmation message to said mobile station, said confirmation message comprising said plurality of quality of service attributes granted by the radio access network, said service reference identifier and said request identifier.

See Li, Col. 7, Line 66 – Col. 8, Line 4; Col. 11, Lines 56-63; Col. 12, Lines 8-26; Col. 19, Lines 38-41; Col. 19, Lines 43-50.

2. A method comprising: receiving from a mobile station a reservation message, said reservation message comprising a request for a plurality of quality of service attributes and a plurality of traffic filter templates;










providing a connection identifier for uniquely identifying a service instance from at least two service instances for said mobile station, where each service instances is uniquely identified by a different connection identifier;


receiving acknowledgment from the radio access network having the connection identifier;

See Li, Col. 11, Line 64 – Col. 12, Line 11; Col. 12, Lines 24-26; Col. 19, Lines 38-41; Col. 19, Lines 43-50.




21

network and a service reference identifier; correlating a packet data serving node connection with said radio access network; and


sending a confirmation message to said mobile station, said confirmation message comprising said plurality of quality of service attributes granted by the radio access network, and said service reference identifier.

See Li, Col. 7, Line 66 – Col. 8, Line 4; Col. 11, Lines 56-63; Col. 12, Lines 8-26.

3. A method comprising: receiving a reservation request message at a packet data serving node from a mobile station comprising a request for a plurality of quality of service attributes and a request identifier generated by the mobile station uniquely identifying the request from at least two requests from said mobile station, where each request is uniquely identified by a different request identifier;

See Li, Col. 2, Lines 8-22; Col. 5, Lines 2-16; Col. 11, Lines 33-40; Col. 14, Lines 54-60; Col. 19, Lines 38-41.

processing the requested plurality of quality of service attributes and generating therefrom a plurality of bearer service quality of service parameters;

See Li, Col. 4, Lines 1-32; Col. 6, Lines 53-58; Col. 11, Lines 42-50; Col. 11, Line 64 – Col. 12, Line 3.

sending a request to a radio access network to establish a bearer based at least in part on said plurality of bearer service quality of service parameters, said request to establish a bearer comprising the request identifier;

See Li, Col. 7, Lines 8-13; Col. 11, Line 64 – Col. 12, Line 11; Col. 19, Lines 38-41.

sending a service instance setup message to the mobile station from the radio access network, the service instance setup message comprising link-level quality of service parameters granted by the radio access network and the request identifier;

See Li, Col. 7, Line 66 – Col. 8, Line 4; Col. 11, Lines 42-50; Col. 11, Lines 56-63; Col. 12, Lines 8-26; Col. 19, Lines 38-41; Col. 19, Lines 43-50.

sending a radio access network-packet data serving node connection setup request message from the radio access network to the packet data serving node, the setup request message comprising the request identifier;

See Li, Col. 11, Lines 42-50; Col. 14, Lines 54-60; Col. 19, Lines 38-41; Col. 19, Lines 43-50.

correlating at the packet data serving node the radio See Li, Col. 11, Lines


22

access network-packet data serving node connection with the request identifier received from the mobile station in the reservation request message; and

42-50; Col. 14, Lines 54-60; Col. 19, Lines 38-41; Col. 19, Lines 43-50.

sending a reservation confirmation message to the mobile station, the reservation confirmation message comprising the request identifier.

See Li, Col. 11, Lines 56-63; Col. 12, Lines 8-26 Col. 19, Lines 38-41; Col. 19, Lines 43-50.

4. A mobile station comprising: means for sending a flow request message to a packet data serving node comprising a flow request, information specifying a desired quality of service for the flow and a flow request identifier generated by the mobile station for identifying the flow request from at least two requests from said mobile station, where each request is uniquely identified by a different request identifier;

See Li, Col. 2, Lines 8-22; Col. 11, Lines 33-40; Col. 11, Line 42 – Col. 12, Line 26; Col. 14, Lines 54-60; Col. 19, Lines 38-41.

means for receiving from the radio access network information specifying at least granted quality of service parameters and the flow request identifier, for further receiving a flow request confirmation message from the packet data serving node, the flow request confirmation message also comprising the flow request identifier and for further receiving an assigned service reference identifier; and


means for correlating the flow request identifier with the assigned service reference identifier.

See Li, Col. 7, Lines 44-54; Col. 7, Line 66 – Col. 8, Line 4; Col. 19, Lines 38-41; Col. 19, Lines 43-50.

5. A mobile station as in claim 4, where the flow request message further comprises traffic filter templates.

See Li, Col. 5, Lines 2-16.

6. A method comprising: sending a flow request message to a packet data serving node comprising a flow request, information specifying a desired quality of service for the flow and a flow request identifier generated by a mobile station for identifying the flow request from at least two flow requests from said mobile station, where each flow



23

request is uniquely identified by a different flow request identifier; receiving from a radio access network information specifying at least granted quality of service parameters, the flow request identifier, and an assigned service reference identifier; and


receiving a flow request confirmation message from the packet data serving node, the flow request confirmation message also comprising the flow request identifier; and


correlating the flow request identifier with the assigned service reference identifier.

See Li, Col. 7, Lines 44-54; Col. 7, Line 66 – Col. 8, Line 4; Col. 14, Lines 54-60; Col. 19, Lines 38-41; Col. 19, Lines 43-50.

7. A method as in claim 6, where sending also sends traffic filter templates.


8. A computer readable medium encoded with a computer program comprising program instructions the execution of which operate a mobile station with a radio access network and a packet data serving node, comprising operations of:

To the extent the preamble is limiting, Li teaches a computer readable memory to the same extent it is taught by the 283 patent

sending a flow request message to the packet data serving node comprising a flow request, information specifying a desired quality of service for the flow and a flow request identifier generated by the mobile station for identifying the flow request from at least two flow requests from said mobile station, where each flow request is uniquely identified by a different flow request identifier;


receiving from the radio access network an assigned service reference identifier, information specifying at least granted quality of service parameters and the flow request identifier;

See Li, Col. 7, Line 66 – Col. 8, Line 4; Col. 11, Lines 42-50; Col. 11, Lines 56-63; Col.


24

12, Lines 8-26; Col. 19, Lines 38-41; Col. 19, Lines 43-50.





9. A computer readable medium as in claim 8, where the sending operation also sends traffic filter templates.


10. A method comprising: receiving at a packet data serving node a reservation request message from a mobile station, said reservation request message comprising a request for a certain quality of service and a plurality of traffic filter templates;


processing the request for the quality of service and generating therefrom bearer service quality of service parameters;

See Li, Col. 4, Lines 1-32; Col. 6, Lines 53-58; Col. 11, Line 42 – Col. 12, Line 3.

sending a request to a radio access network to establish a bearer based at least in part on said bearer service quality of service parameters, said request to establish a bearer comprising a connection identifier for uniquely identifying a service instance from at least two service instances for said mobile station, where each service instances is uniquely identified by a different connection identifier;


receiving an acknowledgment from the radio access network, the acknowledgment comprising at least granted quality of service parameters, a service reference identifier and the connection identifier; and

See Li, Col. 7, Line 66 – Col. 8, Line 4; Col. 11, Line 64 – Col. 12, Line 11; Col. 12, Lines 24-26; Col. 19, Lines 38-41; Col. 19, Lines


25

43-50. correlating the connection identifier received from the radio access network with an radio access network- packet data serving node update message sent to the radio access network that comprises the request to establish the bearer.


11. A packet data serving node operable with a mobile station and a radio access network, comprising:

processing means responsive to receipt of a reservation request message from the mobile station, said reservation request message comprising a request for a certain quality of service and a plurality of traffic filter templates, for processing the request for the quality of service and generating therefrom bearer service quality of service parameters;

See Li, Col. 2, Lines 8-22; Col. 5, Lines 2-16; Col. 6, Lines 53-58; Col. 11, Lines 33-40; Col. 11, Line 64 – Col. 12, Line 3.

means for sending a request to the radio access network to establish a bearer based at least in part on said bearer service quality of service parameters, said request to establish a bearer comprising a connection identifier for uniquely identifying a service instance from at least two service instances for said mobile station, where each service instances is uniquely identified by a different connection identifier; and means for receiving an acknowledgment from the radio access network, the acknowledgment comprising at least granted quality of service parameters, a service reference identifier and the connection identifier; and


means for correlating the connection identifier received from the radio access network with an radio access network-packet data serving node update message sent to 60 the radio access network that comprises the request to establish the bearer.


12. A computer readable medium encoded with a computer program comprising program instructions the execution of which operate a packet data serving node with a mobile station and a radio access network, comprising operations of:

To the extent the preamble is limiting, Li teaches a computer readable memory to the same extent it is taught by the 283 patent

responsive to receipt of a reservation request message See Li, Col. 2, Lines 8-


26

from the mobile station, said reservation request message comprising a request for a certain quality of service and a plurality of traffic filter templates, processing the request for the quality of service and generating therefrom bearer service quality of service parameters;

22; Col. 5, Lines 2-16; Col. 6, Lines 53-58; Col. 11, Lines 33-40; Col. 11, Line 64 – Col. 12, Line 3.

sending a request to the radio access network to establish a bearer based at least in part on said bearer service quality of service parameters, said request to establish a bearer comprising a connection identifier for uniquely identifying a service instance from at least two service instances for said mobile station, where each service instances is uniquely identified by a different connection identifier;


receiving an acknowledgment from the radio access network, the acknowledgment comprising at least granted quality of service parameters, a service reference identifier and the connection identifier; and


correlating the connection identifier received from the radio access network with an radio access network- packet data serving node update message sent to the radio access network that comprises the request to establish the bearer.


13. A method comprising: sending a flow request message to a packet data serving node comprising information specifying a desired quality of service for the flow and a flow request identifier generated by a mobile station for identifying the flow request from at least two flow requests from said mobile station, where each flow request is uniquely identified by a different flow request identifier;


receiving from a radio access network an assigned service reference identifier, information specifying at least granted quality of service parameters and the flow request identifier;



27





14. A device, comprising: a transceiver for bidirectional radio communication with a wireless network; and


circuitry configured to send a flow request message to the wireless network comprising a flow request, information specifying a desired quality of service for the flow and a request identifier generated by the device for identifying the flow request from at least two flow requests from a mobile station, where each flow request is uniquely identified by a different flow request identifier,

See Li, Col. 2, Lines 8-22; Col. 11, Lines 33-40; Col. 11, Line 42 – Col. 12, Line 26; Col. 19, Lines 38-41.

said circuitry further configured to receive information from the wireless network that specifies at least granted quality of service parameters, the information comprising the request identifier, and to further receive a flow request confirmation message that also comprises the request identifier, and


where said circuitry is further configured to receive an assigned service reference identifier and to correlate the service reference identifier with the request identifier.


15. A device as in claim 14, where the flow request message further comprises traffic filter templates.


B. Claims 1 - 15 are unpatentable under 35 U.S.C. § 103(a) as obvious over Li alone or in combination with the knowledge of one of ordinary skill.


28

45. See above for a direct comparison of the teachings of Li to the ‘283 patent.

If for any reason the enumerated claims are not anticipated, they are invalid as

obvious over Li alone or in view of the knowledge of one of ordinary skill at the

time of the claimed invention. The knowledge of one of ordinary skill is evidenced

by the standards body documents provided in Exhibits 1007 - 1009. With respect

to motivation to modify Li and/or combine it with the knowledge of a person of

ordinary skill, both the ‘283 patent and Li are from the same field and address the

same problem: scheduling Quality of Service sessions in cellular communications

networks. This problem was discussed within the working groups of 3GPP and

3GPP2 standards bodies before the application that would issue as the ’283 patent

was filed. See Expert Declaration of Tim Williams. (Ex. 1010).

46. The claim chart above details how each and every element recited in claims

1 - 15 is obvious over Li. This claim chart is supported by the Expert Declaration


C. Claims 1 - 15 are invalid under 35 U.S.C. § 103(a) as obvious over Release C in view of SR0079.

47. As noted above, Release C teaches a system and methods for establishing

Quality of Service sessions in cellular communications networks. Release C is the

CDMA2000 layer 3 signaling standard from the appropriate time period. As

discussed in detail in the Williams Declaration, Release C teaches many of the


29

elements of the claims of the 283 patent. As illustrated by Dr. Williams, Release C

directs the reader to other standards for the details of QoS parameters, such as the

relation to radio bearers. SR0079 is the requirements document for QoS in

CDMA2000 standards. It clearly provides more detail not included within Release

C. Further since Release C is a higher level signaling standard, where the mobile

is concerned any signaling originating anywhere in the network comes from the

base station. In many instances, functionality that the ‘283 patent illustrates in the

Packet Data Service Node (“PDSN”) is referred to as the “base station.” Many

claims of the ‘283 patent do not designate which network element is performing

each action. The combination of Release C in view of SR0079 is sufficient to

render these claims obvious. For claims designating PDSN activities it would be

trivial to modify this teaching to relocate these functions to the PDSN.

Alternatively, as evidenced by the Examiner and discussed in the Williams

declaration, Li teaches these activities occurring in the appropriate location.

48. One of ordinary skill in the art would be motivated to modify Release C,

combine it with SR0079 and/or Li because all of these references are from the

same field and address the same problem: scheduling QoS sessions in cellular

communications networks. This problem was discussed within the working groups

of 3GPP and 3GPP2 standards bodies. See Expert Declaration of Tim Williams.

(Ex. 1010).


30


1 - 15 is obvious over Release C in view of SR0079. This claim chart is supported

by the Expert Declaration of Dr. Tim A. Williams (Ex. 1010) and Appendix B1

thereto.

Claims Disclosure of Release C and SR0079



See Release C, 3-735, Line 30 – 3-743, Line 18.


See Release C, 3-739, Line 18 – 3-740, Line 19; p. 2-655 and 3-29; p. 3-31.


See Release C, P. 3-728 - 729.


See Release C, P 2-818.See SR0079, p. 7.


See SR0079, p. 7.


See SR0079, p. 5.


See Release C, 2-279, Lines 37-41; 3-739, Line 18 – 3-740, Line 19.


See Release C, 3-30, Lines 1-8.


See Release C, 3-30, Lines 1-8; 3-31, Lines 30-26.


31

network and a service reference identifier;


See SR0079.


See Release C, 3-30, Lines 1-8; 3-31, Lines 30-26; 3-740, Lines 20-41.


See Release C, 3-735, Line 30 – 3-743, Line 18;




See Release C, P 2-818.See SR0079, p. 7.


See SR0079, p. 7.


See SR0079, p. 5.





receiving a setup message comprising a plurality of quality of service attributes granted by the radio access network and a service reference identifier;

See Release C, 3-30, Lines 1-8; 3-31, Lines 30-26;


See Release C, xlii, lines 13-14.




32










See Release C, xlii, lines 13-14; 3-739, Line 18 – 3-740, Line 19.

correlating at the packet data serving node the radio access network-packet data serving node connection with the request identifier received from the mobile station in the reservation request message; and

See Release C, xlii, lines 13-14; 3-739, Line 18 – 3-740, Line 19.


See Release C, 3-30, Lines 1-8; 3-31, Lines 30-26; 3-740, Lines 20-41.

4. A mobile station comprising: means for sending a flow request message to a packet data serving node comprising a flow request, information specifying a desired quality of service for the flow and a flow request identifier generated by the mobile station for identifying the flow request from at least two requests from said mobile station, where each request is uniquely

See Release C, 2-279, Lines 37-41; 3-735, Line 30 – 3-743, Line 18;


33

identified by a different request identifier; means for receiving from the radio access network information specifying at least granted quality of service parameters and the flow request identifier, for further receiving a flow request confirmation message from the packet data serving node, the flow request confirmation message also comprising the flow request identifier and for further receiving an assigned service reference identifier; and

See Release C, 3-30, Lines 1-8; 3-31, Lines 30-26; 3-735, Line 36 – 3-743, Line 24.


See Release C, 3-30, Lines 1-8. See also Service Connect Message Table.



6. A method comprising: sending a flow request message to a packet data serving node comprising a flow request, information specifying a desired quality of service for the flow and a flow request identifier generated by a mobile station for identifying the flow request from at least two flow requests from said mobile station, where each flow request is uniquely identified by a different flow request identifier;

See Release C, 2-279, Lines 37-41; 3-735, Line 30 – 3-743, Line 18;

receiving from a radio access network information specifying at least granted quality of service parameters, the flow request identifier, and an assigned service reference identifier; and





See Release C, 3-30, Lines 1-8; 3-31, Lines 30-26; 3-740, Lines 20-41. See also Service Connect Message


34

Table. 7. A method as in claim 6, where sending also sends traffic filter templates.



To the extent the preamble is limiting, Release C and SR0079 teach this with the same level of detail as the 283 patent.








See Release C, 3-30, Lines 1-8; 3-31, Lines 30-26; 3-740, Lines 20-41. See also Service Connect Message table.



10. A method comprising: receiving at a packet data serving node a reservation request message from a mobile station, said reservation request message comprising a request for a certain quality of service and a plurality of traffic filter



35

templates; processing the request for the quality of service and generating therefrom bearer service quality of service parameters;











means for sending a request to the radio access network to establish a bearer based at least in part on said bearer service quality of service parameters, said request to establish a bearer comprising a connection identifier for uniquely identifying a service instance from at least two service instances for said mobile station, where each service instances is uniquely identified by a different connection identifier; and means for receiving an acknowledgment from the radio access network, the



36

acknowledgment comprising at least granted quality of service parameters, a service reference identifier and the connection identifier; and means for correlating the connection identifier received from the radio access network with an radio access network-packet data serving node update message sent to 60 the radio access network that comprises the request to establish the bearer.

See Release C, xlii, lines 13-14; 3-30, Lines 1-8; 3-31, Lines 30-26; 3-735, Line 36 – 3-740, Line 41;


To the extent the preamble is limiting, Release C and SR0079 teach this limitation with the same degree of particularity as the 283 patent.

responsive to receipt of a reservation request message from the mobile station, said reservation request message comprising a request for a certain quality of service and a plurality of traffic filter templates, processing the request for the quality of service and generating therefrom bearer service quality of service parameters;








13. A method comprising:


37

sending a flow request message to a packet data serving node comprising information specifying a desired quality of service for the flow and a flow request identifier generated by a mobile station for identifying the flow request from at least two flow requests from said mobile station, where each flow request is uniquely identified by a different flow request identifier;





See Release C, xlii, lines 13-14; 3-30, Lines 1-8.

See also Service Connect Message table.


See Release C, 3-30, Lines 1-8. See also Service Connect Message table.


See Release C, Figure B-1A.





where said circuitry is further configured to receive an See Release C, 3-30,


38

assigned service reference identifier and to correlate the service reference identifier with the request identifier.

Lines 1-8.

See also Service Connect Message table.



D. Claims 1 - 15 are invalid under 35 U.S.C. § 103(a) as obvious over Chaskar alone or in combination with Li or the knowledge of one of ordinary skill.

50. As noted above, Chaskar teaches a system and methods for establishing

Quality of Service sessions. Chaskar is from the same field and addresses the same

problem as the ‘283 patent. Chaskar teaches many limitations claimed in the ‘283

patent. As identified by Dr. Williams, Chaskar does not does not teach the mobile

station generating a request identifier, or that the request identifier uniquely

identifies the request from at least two requests. An identifier of a request is well

within the knowledge of one of ordinary skill as evidenced by Li and Release C.

One of ordinary skill would be motivated to modify Chaskar to include this

identifier, or to combine it with the identifier of Li, because Chaskar, Li, and the

‘283 patent are all directed to the same or similar problem within the same field of

technology. The addition of this this identifier is a trivial substitution to solve a

known problem.


1 - 15 is obvious over Chaskar in view of the knowledge of a person of ordinary


39

skill or in view of Li. This claim chart is supported by the Expert Declaration of

Dr. Tim A. Williams (Ex. 1010) and Appendix B2 thereto.

Claims Disclosure of Chaskar and Li



See Chaskar, Abstract.





See Chaskar, Col. 6, Lines 18-45.




See Chaskar, Abstract; Col. 6, Lines 18-45.






See Chaskar, Col. 6, Lines 53-59; Col. 7, Lines 52-61.



correlating a packet data serving node connection with See Chaskar, Col. 7, Lines 33-42.


40

said radio access network; and























3. A method comprising:


41

receiving a reservation request message at a packet data serving node from a mobile station comprising a request for a plurality of quality of service attributes and a request identifier generated by the mobile station uniquely identifying the request from at least two requests from said mobile station, where each request is uniquely identified by a different request identifier;
















4. A mobile station comprising: means for sending a flow request message to a packet data serving node comprising a flow request, information specifying a desired quality of service for the flow and a flow request identifier generated by the mobile station for identifying the flow request from at least two requests from said mobile station, where each request is uniquely



See Li, Col. 11, Line 42


42

identified by a different request identifier; – Col. 12, Line 26; Col. 19, Lines 38-41.







6. A method comprising: sending a flow request message to a packet data serving node comprising a flow request, information specifying a desired quality of service for the flow and a flow request identifier generated by a mobile station for identifying the flow request from at least two flow requests from said mobile station, where each flow request is uniquely identified by a different flow request identifier;









See Li, Col. 7, Lines 44-54; Col. 7, Line 66 – Col. 8, Line 4; Col. 14, Lines 54-60; Col. 19, Lines 38-41; Col.


43

19, Lines 43-50. 7. A method as in claim 6, where sending also sends traffic filter templates.



To the extent the preamble is limiting it is taught by the combination of Chaskar and Li













processing the request for the quality of service and generating therefrom bearer service quality of service



44

parameters; sending a request to a radio access network to establish a bearer based at least in part on said bearer service quality of service parameters, said request to establish a bearer comprising a connection identifier for uniquely identifying a service instance from at least two service instances for said mobile station, where each service instances is uniquely identified by a different connection identifier;











means for sending a request to the radio access network to establish a bearer based at least in part on said bearer service quality of service parameters, said request to establish a bearer comprising a connection identifier for uniquely identifying a service instance from at least two service instances for said mobile station, where each service instances is uniquely identified by a different connection identifier; and means for receiving an acknowledgment from the radio access network, the acknowledgment comprising at least granted quality of service parameters, a service reference identifier and the





45

connection identifier; and means for correlating the connection identifier received from the radio access network with an radio access network-packet data serving node update message sent to the radio access network that comprises the request to establish the bearer.



responsive to receipt of a reservation request message from the mobile station, said reservation request message comprising a request for a certain quality of service and a plurality of traffic filter templates, processing the request for the quality of service and generating therefrom bearer service quality of service parameters;







See Chaskar, Col. 7, Lines 16-32



13. A method comprising: sending a flow request message to a packet data serving node comprising information specifying a desired quality of service for the flow and a flow request identifier generated by a mobile station for identifying the flow


See Li, Col. 2, Lines 8-22; Col. 5, Lines 2-16;


46

request from at least two flow requests from said mobile station, where each flow request is uniquely identified by a different flow request identifier;

Col. 11, Lines 33-40.
















where said circuitry is further configured to receive an See Li, Col. 7, Lines


47

assigned service reference identifier and to correlate the service reference identifier with the request identifier.

44-54; Col. 7, Line 66 – Col. 8, Line 4; Col. 14, Lines 54-60; Col. 19, Lines 38-41; Col. 19, Lines 43-50.



E. Claims 1 - 15 are unpatentable under 35 U.S.C. § 103(a) as obvious over Cheong alone or in combination with Li or the knowledge of one of ordinary skill.

52. See above for an explanation of the teachings of Li. As discussed in Dr.

Williams declaration, Cheong teaches the significant parts of the relevant

algorithms and structures claimed by the ’283 patent. Like Chaskar, discussed

above, Cheong fails to teach the mobile station generating a request identifier that

uniquely identifies the request from at least two other requests. Modifying Cheong

to include such a request identifier was clearly within the knowledge of one of

ordinary skill. As evidenced by Release C and Li, these types of request identifiers

were known in the art.

53. With respect to a motivation to modify Cheong and/or combine it with the

knowledge of a person of ordinary skill or Li, the ‘283 patent, Li, and Cheong are

from the same field and address the same problem: establishing Quality of Service

sessions in a cellular network. This problem was discussed within the working

groups of 3GPP and 3GPP2 standards bodies. See Expert Declaration of Tim

Williams. (Ex. 1010).


48


1-15 is obvious over Cheong alone or in combination with the knowledge of one of

ordinary skill or in combination with Li. This claim chart is supported by the

Expert Declaration of Dr. Tim A. Williams (Ex. 1010) and Appendix B3 thereto.

Claims Disclosure of Cheong and Li



See Cheong, Abstract; Col. 3, Lines 10-29; Col. 5, Lines 55-62.





See Cheong, Abstract; Col. 3, Lines 10-29; Col. 5, Line 62 – Col. 6, Line10.


See Cheong, Abstract; Col. 3, Lines 10-29; Col. 6, Lines 50-67; Col. 9, Lines 25-41.


See Cheong, Col. 4, Lines 36-42; Col. 4, Lines 47-49.


See Cheong, Col. 4, Lines 36-42; Col. 4, Lines 47-49




49



See Cheong, Col. 7, Line 18 – Col. 8, Line 9.


See Cheong, Col. 5, Line 55 – Col. 6, Line10; Col. 6, Lines 6-10; Col. 7, Line 18 – Col. 8, Line 9.




See Li, Col. 7, Line 66 – Col. 8, Line 4; Col. 11, Lines 56-63; Col. 12, Lines 8-26; Col. 19, Lines 38-41; Col. 19, Lines 43-50.


See Cheong, Abstract; Col. 3, Lines 10-29; Col. 5, Lines 55-62.


See Cheong, Col. 5, Line 62 – Col. 6, Line10.


See Cheong, Col. 5, Line 62 – Col. 6, Line10.





providing a connection identifier for uniquely identifying a service instance from at least two service instances for

See Cheong, Col. 7, Line 18 – Col. 8, Line


50

said mobile station, where each service instances is uniquely identified by a different connection identifier;

9.








See Cheong, Col. 5, Line 55 – Col. 6, Line10; Col. 6, Lines 6-10.


See Li, Col. 2, Lines 8-22; Col. 5, Lines 2-16; Col. 11, Lines 33-40; Col. 14, Lines 54-60; Col. 19, Lines 38-41.


See Cheong, Col. 3, Lines 10-29; Col. 4, Lines 36-42; Col. 4, Lines 47-49.


See Li, Col. 7, Lines 8-13; Col. 11, Line 64 – Col. 12, Line 11; Col. 19, Lines 38-41.


See Li, Col. 7, Line 66 – Col. 8, Line 4; Col. 11, Lines 42-50; Col. 11, Lines 56-63; Col. 12, Lines 8-26; Col. 19, Lines 38-41; Col. 19,


51

Lines 43-50. sending a radio access network-packet data serving node connection setup request message from the radio access network to the packet data serving node, the setup request message comprising the request identifier;






4. A mobile station comprising: See Cheong, Abstract. means for sending a flow request message to a packet data serving node comprising a flow request, information specifying a desired quality of service for the flow and a flow request identifier generated by the mobile station for identifying the flow request from at least two requests from said mobile station, where each request is uniquely identified by a different request identifier;






5. A mobile station as in claim 4, where the flow request See Cheong, Col. 6,


52

message further comprises traffic filter templates. Lines 50-58. 6. A method comprising: sending a flow request message to a packet data serving node comprising a flow request, information specifying a desired quality of service for the flow and a flow request identifier generated by a mobile station for identifying the flow request from at least two flow requests from said mobile station, where each flow request is uniquely identified by a different flow request identifier;








7. A method as in claim 6, where sending also sends traffic filter templates.

See Cheong, Col. 6, Lines 50-58.


sending a flow request message to the packet data serving node comprising a flow request, information specifying a desired quality of service for the flow and a flow request identifier generated by the mobile station for identifying the flow request from at least two flow

See Li, Col. 2, Lines 8-22; Col. 11, Lines 33-40; Col. 11, Line 42 – Col. 12, Line 26; Col. 14, Lines 54-60; Col.


53

requests from said mobile station, where each flow request is uniquely identified by a different flow request identifier;

19, Lines 38-41.











processing the request for the quality of service and generating therefrom bearer service quality of service parameters;



See Cheong, Col. 4, Lines 36-42; Col. 4, Lines 47-49; Col. 7, Line 18 – Col. 8, Line 9.

receiving an acknowledgment from the radio access net- See Cheong, Col. 5,


54

work, the acknowledgment comprising at least granted quality of service parameters, a service reference identifier and the connection identifier; and

Line 55 – Col. 6, Line10; Col. 6, Lines 6-10; Col. 7, Line 18 – Col. 8, Line 9.


See Cheong, Col. 5, Line 55 – Col. 6, Line10; Col. 6, Lines 6-10; Col. 7, Line 18 – Col. 8, Line9.


See Cheong, Abstract.



means for sending a request to the radio access network to establish a bearer based at least in part on said bearer service quality of service parameters, said request to establish a bearer comprising a connection identifier for uniquely identifying a service instance from at least two service instances for said mobile station, where each service instances is uniquely identified by a different connection identifier; and means for receiving an acknowledgment from the radio access network, the acknowledgment comprising at least granted quality of service parameters, a service reference identifier and the connection identifier; and


means for correlating the connection identifier received from the radio access network with an radio access network-packet data serving node update message sent to 60 the radio access network that comprises the request to establish the bearer.


12. A computer readable medium encoded with a computer program comprising program instructions the execution of which operate a packet data serving node with a mobile station and a radio access network,


55

comprising operations of: responsive to receipt of a reservation request message from the mobile station, said reservation request message comprising a request for a certain quality of service and a plurality of traffic filter templates, processing the request for the quality of service and generating therefrom bearer service quality of service parameters;



See Cheong, Col. 4, Lines 36-42; Col. 4, Lines 47-49; Col. 7, Line 18 – Col. 8, Line 9.





13. A method comprising: sending a flow request message to a packet data serving node comprising information specifying a desired quality of service for the flow and a flow request identifier generated by a mobile station for identifying the flow request from at least two flow requests from said mobile station, where each flow request is uniquely identified by a different flow request identifier;



See Li, Col. 7, Line 66 – Col. 8, Line 4; Col. 11, Lines 42-50; Col. 11, Lines 56-63; Col. 12, Lines 8-26; Col. 19, Lines 38-41; Col. 19,


56

Lines 43-50. receiving a flow request confirmation message from the packet data serving node, the flow request confirmation message also comprising the flow request identifier; and










where said circuitry is further configured to receive an assigned service reference identifier and to correlate the service reference identifier with the request identifier.





57

VII. CONCLUSION

55. For the foregoing reasons, Petitioner contends that it is more likely than not

that claims 1 - 15 of the‘283 patent define subject matter that is either anticipated

or obvious and will be found unpatentable pursuant to an inter partes review. The

Petitioner requests institution of an inter partes review to cancel the challenged

claims.

Respectfully submitted,

PILLSBURY WINTHROP SHAW PITTMAN LLP

/Steven A. Moore/ . Steven A. Moore, Reg. No. 55,462 Richard W. Thill, Reg. No. 53,684 Attorneys for Petitioner

501 West Broadway Suite 1100 San Diego, CA 92101

CERTIFICATE OF SERVICE

Pursuant to 37 CFR §§ 42.6(e)(4)(i) et seq. and 42.105(b), the undersigned

certifies that on February 5, 2015, a complete and entire copy of this Petition for

Inter Partes Review, and all supporting exhibits, were served EXPRESS MAIL®

to the Patent Owner by serving the correspondence address of record, as indicated

below:

Harrison & Smith

4 Research Drive, Suite 202

Shelton, CT 06484

PILLSBURY WINTHROP SHAW PITTMAN LLP

/Steven A. Moore/ . Steven A. Moore, Reg. No. 55,462 Richard W. Thill, Reg. No. 53,684 Attorneys for Petitioner

501 West Broadway Suite 1100 San Diego, CA 92101

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE...

Documents

Transcript of IN THE UNITED STATES PATENT AND TRADEMARK OFFICE BEFORE...