PTAB
IPR2018-01421
Ruckus Wireless Inc v. Hera Wireless SA
Key Events
Petition
Table of Contents
petition
1. Case Identification
- Case #: IPR2018-01421
- Patent #: 8,934,851
- Filed: July 18, 2018
- Petitioner(s): Ruckus Wireless, Inc., Belkin International, Inc., Amazon.com, Inc., Netgear, Inc., and Roku, Inc.
- Patent Owner(s): Hera Wireless S.A.
- Challenged Claims: 1-3, 7-9
2. Patent Overview
- Title: Radio apparatus, and a method and a program for controlling a spatial path
- Brief Description: The ’851 patent discloses a radio apparatus and methods for establishing multiplex communication using a plurality of spatial paths formed by space division. The invention is directed at adaptively modifying the connection between a terminal and a base station by having one apparatus receive a value from another apparatus indicating the number of spatial paths it can form.
3. Grounds for Unpatentability
Ground 1: Claims 1-3 and 7-9 are obvious over Paulraj in view of the knowledge, skill, and creativity of a POSITA.
- Prior Art Relied Upon: Paulraj (Patent 6,351,499).
- Core Argument for this Ground:
- Prior Art Mapping: Petitioner argued that Paulraj discloses a complete Multiple Input Multiple Output (MIMO) wireless system that teaches every element of the challenged claims. Paulraj describes a transmitter (e.g., a base station) and a receiver (e.g., a user device), both qualifying as a "radio apparatus." The transmitter adaptively determines the optimal number of spatial-multiplexed streams, designated as
k, based on channel conditions to maximize parameters like data capacity or signal quality. Petitioner asserted that this numerical valuekis the claimed "value indicating possible multiplicity associated with the number of spatial paths." Paulraj explicitly teaches sending this valuekand other control information from the transmitter to the receiver "regularly" or at "system initialization" to enable data recovery. Petitioner argued this regular or initial transmission meets the "predetermined timing" limitation. For claims requiring a plurality of antennas, Paulraj discloses that both the transmitter and receiver utilize antenna arrays. - Motivation to Combine (for §103 grounds): As a single-reference ground, the motivation was inherent in Paulraj itself. Paulraj sought to create an advanced wireless system that could "take advantage of multiple antennas at the transmitter and receiver to adapt to changing channel conditions" and maximize communication performance. A person of ordinary skill in the art (POSITA) would have been motivated to implement the teachings of Paulraj, including the adaptive control of spatial streams (
k) and the necessary control signaling, to achieve the stated goal of a more robust and efficient communication system. - Expectation of Success (for §103 grounds): A POSITA would have had a reasonable expectation of success because Paulraj describes a comprehensive and operable system. It details the necessary components, including adaptive controllers, signal processing units, and feedback mechanisms, providing a clear blueprint for implementing a system where the number of spatial paths is adaptively controlled and communicated between devices.
- Prior Art Mapping: Petitioner argued that Paulraj discloses a complete Multiple Input Multiple Output (MIMO) wireless system that teaches every element of the challenged claims. Paulraj describes a transmitter (e.g., a base station) and a receiver (e.g., a user device), both qualifying as a "radio apparatus." The transmitter adaptively determines the optimal number of spatial-multiplexed streams, designated as
Ground 2: Claims 1, 2, 7, and 8 are obvious over Reudink in view of the knowledge, skill, and creativity of a POSITA.
- Prior Art Relied Upon: Reudink (Patent 7,039,441).
- Core Argument for this Ground:
- Prior Art Mapping: Petitioner contended that Reudink, which discloses wireless systems using multiple beam antennas to optimize spectrum use, renders the claims obvious. Reudink's base stations and remote stations are the claimed "radio apparatus." To address the problem of assigning preferred antenna beams, Reudink discloses a messaging protocol using a dedicated Multiple Beam Antenna Access Channel (MBAACH). As part of this protocol, a base station transmits a message that includes a "Number of Beams" data field. Petitioner argued this field provides the claimed "value indicating possible multiplicity," as it informs the remote station of the maximum number of spatial paths (beams) the base station can use. This message is sent during an "initial assignment" procedure within a dedicated time slot of a traffic channel. Petitioner argued this scheduled transmission in a specific channel slot constitutes the "predetermined timing" that occurs "before a communication," as required by dependent claims 2 and 8.
- Motivation to Combine (for §103 grounds): The motivation was provided directly by Reudink's objective to solve the problem of efficiently assigning and assessing preferred antenna beams for each user in a multi-beam system. A POSITA would be motivated to use Reudink's disclosed MBAACH messaging protocol, including the transmission of the "Number of Beams" value, to enable efficient network initialization and resource allocation, thereby improving overall system capacity and performance.
- Expectation of Success (for §103 grounds): Reudink describes a detailed and practical protocol for initializing communications in a multi-beam environment. The specification of message formats (including the "Number of Beams" field) and the timing of their transmission would have provided a POSITA with a clear path to successful implementation, leading to the predictable outcome of a remote station being informed of a base station's capabilities.
4. Relief Requested
- Petitioner requests institution of an inter partes review (IPR) and cancellation of claims 1-3 and 7-9 of the ’851 patent as unpatentable.
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