EXHIBIT J

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 1 of 382 PageID #:

2705
1

Exhibit A-28

Invalidity Claim Chart for U.S. Patent No. 7,924,802 vs. U.S. Patent No. 6,952,454

U.S. Patent No. 6,952,454 (“Jalali”) was filed on July 12, 2020 and issued on October 4, 2005. Jalali anticipates asserted claims 1–4, 

6–10, 13, 14, 17, and 21–24 of U.S. Patent No. 7,924,802 (“the ’802 Patent”) under 35 U.S.C. § 102. Jalali also renders obvious 

asserted claims 1–4, 6–10, 13, 14, 17, and 21–24 of the ’802 Patent under 35 U.S.C. § 103, alone based on the state of the art and/or in 

combination with one or more other references identified in Exs. A-1–A-31, Cover Pleading, and First Supplemental Ex. AObviousness Chart.

1

 

To the extent Plaintiff alleges that Jalali does not disclose any particular limitation of the asserted claims in the ’802 Patent, either 

expressly or inherently, it would have been obvious to a person of ordinary skill in the art as of the priority date of the ’802 Patent to 

modify Jalali and/or to combine the teachings of Jalali with other prior art references, including but not limited to the present prior art 

references found in Exs. A-1–A-31, Cover Pleading, First Supplemental Ex. A-Obviousness Chart, and the relevant section of charts 

for other prior art for the ’802 Patent in a manner that would render the asserted claims of these patents invalid as obvious.

With respect to the obviousness of the asserted claims of the ’802 Patent under 35 U.S.C. § 103, one or more of the principles 

enumerated by the United States Supreme Court in KSR v. Teleflex, 550 U.S. 398 (2007) apply, including: (a) combining various 

claimed elements known in the prior art according to known methods to yield a predictable result; and/or (b) making a simple 

substitution of one or more known elements for another to obtain a predictable result; and/or (c) using a known technique to improve a 

similar device or method in the same way; and/or (d) applying a known technique to a known device or method ready for 

improvement to yield a predictable result; and/or (e) choosing from a finite number of identified, predictable solutions with a 

reasonable expectation of success or, in other words, the solution was one which was “obvious to try”; and/or (f) a known work in one 

field of endeavor prompting variations of it for use either in the same field or a different field based on given design incentives or 

other market forces in which the variations were predictable to one of ordinary skill in the art; and/or (g) a teaching, suggestion, or 

motivation in the prior art that would have led one of ordinary skill in the art to modify the prior art reference or to combine the 

teachings of various prior art references to arrive at the claimed invention. It therefore would have been obvious to one of ordinary 

skill in the art to combine the disclosures of these references in accordance with the principles and rationales set forth ab ove. 

1

 Samsung is investigating this prior art and has not yet completed discovery from third parties, who may have relevant information 

concerning the prior art, and therefore, Samsung reserves the right to supplement this chart after additional discovery is received. To 

the extent that any of the prior art discloses the same or similar functionality or feature(s) of any of the accused products, Samsung

reserves the right to argue that said feature or functionality does not practice any limitation of any of the asserted claims, and to argue, 

in the alternative, that if said feature or functionality is found to practice any limitation of any of the asserted claims in the ’802 Patent, 

then the prior art reference teaches the limitation and that the claim is not patentable. 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 2 of 382 PageID #:

2706
2

The citations to portions of any reference in this chart are exemplary only. For example, a citation that refers to or discusses a figure or 

figure item should be understood to also incorporate by reference that figure and any additional descriptions of that figure as if set 

forth fully therein. Samsung reserves the right to rely on the entirety of the references cited in this chart to show that the asserted 

claims of the ’802 Patent are invalid. Citations presented for one claim limitation are expressly incorporated by reference into all 

other limitations for that claim as well as all limitations of all claims on which that claim depends. Samsung also reserves the right to 

rely on additional citations or sources of evidence that also may be applicable, or that may become applicable in light of cl aim 

construction, changes in Plaintiff’s infringement contentions, and/or information obtained during discovery as the case progresses. 

Claim 1 of the ’802 Patent Prior Art Reference – Jalali

[1.1] A method of 

transmitting information in a 

wireless communication 

channel comprising:

To the extent the preamble is limiting, Jalali discloses “A method of transmitting information in a 

wireless communication channel comprising.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. ACase 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 3 of 382 PageID #:

2707
3

Claim 1 of the ’802 Patent Prior Art Reference – Jalali

Obviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[1.2] transmitting first 

information across a first 

frequency range using a 

wireless transmitter, the first 

frequency range having a first 

center frequency, a first 

highest frequency, and a first 

lowest frequency; and

Jalali discloses “transmitting first information across a first frequency range using a wireless 

transmitter, the first frequency range having a first center frequency, a first highest frequency, and a 

first lowest frequency.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 4 of 382 PageID #:

2708
4

Claim 1 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 5 of 382 PageID #:

2709
5

Claim 1 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 6 of 382 PageID #:

2710
6

Claim 1 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 7 of 382 PageID #:

2711
7

Claim 1 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be ach ieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub -channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the subchannels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as des cribed 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 8 of 382 PageID #:

2712
8

Claim 1 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 9 of 382 PageID #:

2713
9

Claim 1 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub-channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 10 of 382 PageID #:

2714
10

Claim 1 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one subchannel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 11 of 382 PageID #:

2715
11

Claim 1 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the time -

domain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934,

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 12 of 382 PageID #:

2716
12

Claim 1 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 13 of 382 PageID #:

2717
13

Claim 1 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[1.3] simultaneously 

transmitting second 

information across a second 

frequency range using the 

same wireless transmitter, the 

second frequency range 

having a second center 

frequency greater than the 

first center frequency, a 

second highest frequency, and 

a second lowest frequency.

Jalali discloses “simultaneously transmitting second information across a second frequency range 

using the same wireless transmitter, the second frequency range having a second center frequency 

greater than the first center frequency, a second highest frequency, and a second lowest frequency .” 

See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 14 of 382 PageID #:

2718
14

Claim 1 of the ’802 Patent Prior Art Reference – Jalali

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 15 of 382 PageID #:

2719
15

Claim 1 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 16 of 382 PageID #:

2720
16

Claim 1 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 17 of 382 PageID #:

2721
17

Claim 1 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub -channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 18 of 382 PageID #:

2722
18

Claim 1 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perf orm channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 19 of 382 PageID #:

2723
19

Claim 1 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub-channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 20 of 382 PageID #:

2724
20

Claim 1 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 21 of 382 PageID #:

2725
21

Claim 1 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the time -

domain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 22 of 382 PageID #:

2726
22

Claim 1 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provid e temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 23 of 382 PageID #:

2727
23

Claim 1 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these reference s. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

Claim 2 of the ’802 Patent Prior Art Reference – Jalali

[2.1] The method of claim 1 Jalali discloses all the elements of claim 1 for all the reasons provided above.

[2.2] wherein frequency 

difference between the first 

center frequency and the 

second center frequency is 

greater than the sum of onehalf the first frequency range 

Jalali discloses “wherein frequency difference between the first center frequency and the second 

center frequency is greater than the sum of one-half the first frequency range and one-half the second 

frequency range.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 24 of 382 PageID #:

2728
24

Claim 2 of the ’802 Patent Prior Art Reference – Jalali

and one-half the second 

frequency range.

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 25 of 382 PageID #:

2729
25

Claim 2 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 2.

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 26 of 382 PageID #:

2730
26

Claim 2 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 27 of 382 PageID #:

2731
27

Claim 2 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub-channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 28 of 382 PageID #:

2732
28

Claim 2 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 29 of 382 PageID #:

2733
29

Claim 2 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 30 of 382 PageID #:

2734
30

Claim 2 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme c an include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 31 of 382 PageID #:

2735
31

Claim 2 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring b ack to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 32 of 382 PageID #:

2736
32

Claim 2 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 33 of 382 PageID #:

2737
33

Claim 2 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

Claim 3 of the ’802 Patent Prior Art Reference – Jalali

[3.1] The method of claim 1 Jalali discloses all the elements of claim 1 for all the reasons provided above.

[3.2] wherein the first and 

second information are 

transmitted using the same 

power amplifier in said 

wireless transmitter.

Jalali discloses “wherein the first and second information are transmitted using the same power 

amplifier in said wireless transmitter.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 34 of 382 PageID #:

2738
34

Claim 3 of the ’802 Patent Prior Art Reference – Jalali

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or mo re 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal siz e or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 35 of 382 PageID #:

2739
35

Claim 3 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 2.

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 36 of 382 PageID #:

2740
36

Claim 3 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 37 of 382 PageID #:

2741
37

Claim 3 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub-channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 38 of 382 PageID #:

2742
38

Claim 3 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 39 of 382 PageID #:

2743
39

Claim 3 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data , 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub-channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 40 of 382 PageID #:

2744
40

Claim 3 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 41 of 382 PageID #:

2745
41

Claim 3 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps th e data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the time -

domain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 42 of 382 PageID #:

2746
42

Claim 3 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 43 of 382 PageID #:

2747
43

Claim 3 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combinatio n 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

Claim 4 of the ’802 Patent Prior Art Reference – Jalali

[4.1] The method of claim 3 Jalali discloses all the elements of claim 3 for all the reasons provided above.

[4.2] wherein the bandwidth 

of said power amplifier is 

greater than the difference 

between the first lowest 

frequency and the second 

highest frequency.

Jalali discloses “wherein the bandwidth of said power amplifier is greater than the difference between 

the first lowest frequency and the second highest frequency.” See, e.g.:

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 44 of 382 PageID #:

2748
44

Claim 4 of the ’802 Patent Prior Art Reference – Jalali

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 45 of 382 PageID #:

2749
45

Claim 4 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 2.

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 46 of 382 PageID #:

2750
46

Claim 4 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 47 of 382 PageID #:

2751
47

Claim 4 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub-channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub-bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 48 of 382 PageID #:

2752
48

Claim 4 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a pa rticular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 49 of 382 PageID #:

2753
49

Claim 4 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice , traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 50 of 382 PageID #:

2754
50

Claim 4 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 51 of 382 PageID #:

2755
51

Claim 4 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 52 of 382 PageID #:

2756
52

Claim 4 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respec tive scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 53 of 382 PageID #:

2757
53

Claim 4 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these reference s. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

Claim 6 of the ’802 Patent Prior Art Reference – Jalali

[6.1] The method of claim 1 Jalali discloses all the elements of claim 1 for all the reasons provided above.

[6.2] wherein the first 

information corresponds to a 

first wireless protocol and the 

second information 

corresponds to a second 

wireless protocol.

Jalali discloses “wherein the first information corresponds to a first wireless protocol and the second 

information corresponds to a second wireless protocol.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 54 of 382 PageID #:

2758
54

Claim 6 of the ’802 Patent Prior Art Reference – Jalali

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or mo re 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal siz e or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 55 of 382 PageID #:

2759
55

Claim 6 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 2.

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 56 of 382 PageID #:

2760
56

Claim 6 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 57 of 382 PageID #:

2761
57

Claim 6 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of th e sub-channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 58 of 382 PageID #:

2762
58

Claim 6 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 59 of 382 PageID #:

2763
59

Claim 6 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data , 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub-channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 60 of 382 PageID #:

2764
60

Claim 6 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 61 of 382 PageID #:

2765
61

Claim 6 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 62 of 382 PageID #:

2766
62

Claim 6 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 63 of 382 PageID #:

2767
63

Claim 6 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processin g 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these reference s. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

Claim 7 of the ’802 Patent Prior Art Reference – Jalali

[7.1] The method of claim 1 Jalali discloses all the elements of claim 1 for all the reasons provided above.

[7.2] wherein the first 

information and the second 

information are the same data 

transmitted across two 

different frequencies.

Jalali discloses “wherein the first information and the second information are the same data 

transmitted across two different frequencies.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 64 of 382 PageID #:

2768
64

Claim 7 of the ’802 Patent Prior Art Reference – Jalali

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 65 of 382 PageID #:

2769
65

Claim 7 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 2.

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 66 of 382 PageID #:

2770
66

Claim 7 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 67 of 382 PageID #:

2771
67

Claim 7 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be ach ieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub -channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the subchannels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as des cribed 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 68 of 382 PageID #:

2772
68

Claim 7 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 69 of 382 PageID #:

2773
69

Claim 7 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 70 of 382 PageID #:

2774
70

Claim 7 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 71 of 382 PageID #:

2775
71

Claim 7 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receivesthe combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the time -

domain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 72 of 382 PageID #:

2776
72

Claim 7 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 73 of 382 PageID #:

2777
73

Claim 7 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

Claim 8 of the ’802 Patent Prior Art Reference – Jalali

[8.1] The method of claim 1 Jalali discloses all the elements of claim 1 for all the reasons provided above.

[8.2] wherein the first 

information and the second 

information are from the same 

data stream.

Jalali discloses “wherein the first information and the second information are from the same data 

stream.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 74 of 382 PageID #:

2778
74

Claim 8 of the ’802 Patent Prior Art Reference – Jalali

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 75 of 382 PageID #:

2779
75

Claim 8 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 2.

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 76 of 382 PageID #:

2780
76

Claim 8 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 77 of 382 PageID #:

2781
77

Claim 8 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub -channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the subchannels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub-bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 78 of 382 PageID #:

2782
78

Claim 8 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 79 of 382 PageID #:

2783
79

Claim 8 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub-channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 80 of 382 PageID #:

2784
80

Claim 8 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one subchannel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 81 of 382 PageID #:

2785
81

Claim 8 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 82 of 382 PageID #:

2786
82

Claim 8 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respec tive scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 83 of 382 PageID #:

2787
83

Claim 8 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these reference s. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

Claim 9 of the ’802 Patent Prior Art Reference – Jalali

[9.1] The method of claim 1 Jalali discloses all the elements of claim 1 for all the reasons provided above.

[9.2] wherein first information 

and second information 

comprise a plurality of OFDM 

symbols, wherein a first 

symbol is transmitted during a 

first time slot across the first 

frequency range and a second 

Jalali discloses “wherein first information and second information comprise a plurality of OFDM 

symbols, wherein a first symbol is transmitted during a first time slot across the first frequency range 

and a second symbol is transmitted during the first time slot across the second frequency range, and 

wherein a third symbol is transmitted during a second time slot across the first frequency range and a 

fourth symbol is transmitted during the second time slot across a second frequency range.” See, e.g.: 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 84 of 382 PageID #:

2788
84

Claim 9 of the ’802 Patent Prior Art Reference – Jalali

symbol is transmitted during 

the first time slot across the 

second frequency range, and 

wherein a third symbol is 

transmitted during a second 

time slot across the first 

frequency range and a fourth 

symbol is transmitted during 

the second time slot across a 

second frequency range.

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 85 of 382 PageID #:

2789
85

Claim 9 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 86 of 382 PageID #:

2790
86

Claim 9 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 87 of 382 PageID #:

2791
87

Claim 9 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 88 of 382 PageID #:

2792
88

Claim 9 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub -channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 89 of 382 PageID #:

2793
89

Claim 9 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency.

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 90 of 382 PageID #:

2794
90

Claim 9 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub-channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 91 of 382 PageID #:

2795
91

Claim 9 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 92 of 382 PageID #:

2796
92

Claim 9 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 93 of 382 PageID #:

2797
93

Claim 9 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respec tive scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 94 of 382 PageID #:

2798
94

Claim 9 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these reference s. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

[10.1] A method of 

transmitting information in a 

wireless communication 

channel comprising:

To the extent the preamble is limiting, Jalali discloses “A method of transmitting information in a 

wireless communication channel comprising.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 95 of 382 PageID #:

2799
95

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[10.2] receiving a first digital 

signal comprising first data to 

be transmitted;

Jalali discloses “receiving a first digital signal comprising first data to be transmitted.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or mo re 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 96 of 382 PageID #:

2800
96

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

symbols, or some other combination of tones. The circuits can have equal siz e or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 97 of 382 PageID #:

2801
97

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 98 of 382 PageID #:

2802
98

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 99 of 382 PageID #:

2803
99

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub-channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 100 of 382 PageID #:

2804
100

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 101 of 382 PageID #:

2805
101

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub-channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 102 of 382 PageID #:

2806
102

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 103 of 382 PageID #:

2807
103

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 104 of 382 PageID #:

2808
104

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respec tive scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 105 of 382 PageID #:

2809
105

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combinatio n 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[10.3] receiving a second 

digital signal comprising 

second data to be transmitted;

Jalali discloses “receiving a second digital signal comprising second data to be transmitted.” See, 

e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or mo re 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 106 of 382 PageID #:

2810
106

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal siz e or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 107 of 382 PageID #:

2811
107

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 108 of 382 PageID #:

2812
108

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 109 of 382 PageID #:

2813
109

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub-channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 110 of 382 PageID #:

2814
110

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of,

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 111 of 382 PageID #:

2815
111

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub-channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 112 of 382 PageID #:

2816
112

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one subchannel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 113 of 382 PageID #:

2817
113

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the time -

domain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 114 of 382 PageID #:

2818
114

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provid e temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 115 of 382 PageID #:

2819
115

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[10.4] converting the first 

digital signal into a first 

analog signal using a first 

digital-to-analog converter, 

the first analog signal carrying 

the first data across a first 

frequency range;.

Jalali discloses “converting the first digital signal into a first analog signal using a first digital-toanalog converter, the first analog signal carrying the first data across a first frequency range .” See, 

e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or mo re 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 116 of 382 PageID #:

2820
116

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal siz e or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 117 of 382 PageID #:

2821
117

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 118 of 382 PageID #:

2822
118

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 119 of 382 PageID #:

2823
119

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub-channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 120 of 382 PageID #:

2824
120

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particula r 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 121 of 382 PageID #:

2825
121

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 122 of 382 PageID #:

2826
122

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 123 of 382 PageID #:

2827
123

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 124 of 382 PageID #:

2828
124

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 125 of 382 PageID #:

2829
125

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[10.5] converting the second 

digital signal into a second 

analog signal using a second 

digital-to-analog converter, 

the second analog signal 

carrying the second data 

across a second frequency 

range;

Jalali discloses “converting the second digital signal into a second analog signal using a second 

digital-to-analog converter, the second analog signal carrying the second data across a second 

frequency range.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 126 of 382 PageID #:

2830
126

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 127 of 382 PageID #:

2831
127

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 128 of 382 PageID #:

2832
128

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 129 of 382 PageID #:

2833
129

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub -channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 130 of 382 PageID #:

2834
130

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 131 of 382 PageID #:

2835
131

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub-channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 132 of 382 PageID #:

2836
132

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 133 of 382 PageID #:

2837
133

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 134 of 382 PageID #:

2838
134

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respec tive scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 135 of 382 PageID #:

2839
135

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[10.6] up-converting the first 

analog signal to a first RF 

center frequency to produce a 

first up-converted analog 

signal, wherein the first upconverted analog signal 

comprises a first up-converted 

frequency range from the first 

RF center frequency minus 

one-half the first frequency 

range to the first RF center 

Jalali discloses “up-converting the first analog signal to a first RF center frequency to produce a first 

up-converted analog signal, wherein the first up-converted analog signal comprises a first upconverted frequency range from the first RF center frequency minus one-half the first frequency 

range to the first RF center frequency plus one-half the first frequency range.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 136 of 382 PageID #:

2840
136

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

frequency plus one-half the 

first frequency range;

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 137 of 382 PageID #:

2841
137

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 138 of 382 PageID #:

2842
138

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 139 of 382 PageID #:

2843
139

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub -channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the subchannels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub-bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 140 of 382 PageID #:

2844
140

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 141 of 382 PageID #:

2845
141

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub-channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 142 of 382 PageID #:

2846
142

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one subchannel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Co de Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 143 of 382 PageID #:

2847
143

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the time -

domain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 144 of 382 PageID #:

2848
144

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 145 of 382 PageID #:

2849
145

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[10.7] up-converting the 

second analog signal to a 

second RF center frequency 

greater than the first center RF 

frequency to produce a second 

up-converted analog signal, 

wherein the second upconverted analog signal 

comprises a second upconverted frequency range 

from the second RF center 

frequency minus one-half the 

Jalali discloses “up-converting the second analog signal to a second RF center frequency greater than 

the first center RF frequency to produce a second up-converted analog signal, wherein the second upconverted analog signal comprises a second up-converted frequency range from the second RF center 

frequency minus one-half the second frequency range to the second RF center frequency plus onehalf the second frequency range, and wherein a frequency difference between the first RF center 

frequency and the second RF center frequency is greater than the sum of one-half the first frequency 

range and one-half the second frequency range.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 146 of 382 PageID #:

2850
146

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

second frequency range to the 

second RF center frequency 

plus one-half the second 

frequency range, and wherein 

a frequency difference 

between the first RF center 

frequency and the second RF 

center frequency is greater 

than the sum of one-half the 

first frequency range and onehalf the second frequency 

range;

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of on e or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 147 of 382 PageID #:

2851
147

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 2.

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 148 of 382 PageID #:

2852
148

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 149 of 382 PageID #:

2853
149

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub-channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub-bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slo ts 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 150 of 382 PageID #:

2854
150

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 151 of 382 PageID #:

2855
151

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 152 of 382 PageID #:

2856
152

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 153 of 382 PageID #:

2857
153

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 154 of 382 PageID #:

2858
154

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respec tive scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 155 of 382 PageID #:

2859
155

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[10.8] combining the first upconverted analog signal and 

the second up-converted 

analog signal to produce a 

combined up-converted 

signal;

Jalali discloses “combining the first up-converted analog signal and the second up-converted analog 

signal to produce a combined up-converted signal.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 156 of 382 PageID #:

2860
156

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 157 of 382 PageID #:

2861
157

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 158 of 382 PageID #:

2862
158

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 159 of 382 PageID #:

2863
159

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub -channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the subchannels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub-bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 160 of 382 PageID #:

2864
160

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically o ccurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 161 of 382 PageID #:

2865
161

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub-channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 162 of 382 PageID #:

2866
162

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one subchannel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleave r 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 163 of 382 PageID #:

2867
163

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of mu ltipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 164 of 382 PageID #:

2868
164

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 165 of 382 PageID #:

2869
165

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[10.9] amplifying the 

combined up-converted signal 

in a power amplifier resulting 

in an amplified combined upconverted signal; and

Jalali discloses “amplifying the combined up-converted signal in a power amplifier resulting in an 

amplified combined up-converted signal.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 166 of 382 PageID #:

2870
166

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 167 of 382 PageID #:

2871
167

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 168 of 382 PageID #:

2872
168

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 169 of 382 PageID #:

2873
169

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub-channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the subchannels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub-bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 170 of 382 PageID #:

2874
170

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 171 of 382 PageID #:

2875
171

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 172 of 382 PageID #:

2876
172

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one subchannel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 173 of 382 PageID #:

2877
173

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the time -

domain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 174 of 382 PageID #:

2878
174

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provid e temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 175 of 382 PageID #:

2879
175

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[10.10] transmitting the 

amplified combined upconverted signal on a first 

antenna,

Jalali discloses “transmitting the amplified combined up-converted signal on a first antenna.” See, 

e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 176 of 382 PageID #:

2880
176

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 177 of 382 PageID #:

2881
177

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 178 of 382 PageID #:

2882
178

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 179 of 382 PageID #:

2883
179

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub-channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub-bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 180 of 382 PageID #:

2884
180

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 181 of 382 PageID #:

2885
181

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 182 of 382 PageID #:

2886
182

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 183 of 382 PageID #:

2887
183

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 184 of 382 PageID #:

2888
184

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 185 of 382 PageID #:

2889
185

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[10.11] wherein the 

bandwidth of said power 

amplifier is greater than the 

difference between a lowest 

frequency in the first upconverted frequency range 

and a highest frequency in the 

second up-converted 

frequency range.

Jalali discloses “wherein the bandwidth of said power amplifier is greater than the difference between 

a lowest frequency in the first up-converted frequency range and a highest frequency in the second 

up-converted frequency range.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 186 of 382 PageID #:

2890
186

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low ra te data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 187 of 382 PageID #:

2891
187

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 188 of 382 PageID #:

2892
188

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 189 of 382 PageID #:

2893
189

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub -channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 190 of 382 PageID #:

2894
190

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 191 of 382 PageID #:

2895
191

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 192 of 382 PageID #:

2896
192

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 193 of 382 PageID #:

2897
193

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 194 of 382 PageID #:

2898
194

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respec tive scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 195 of 382 PageID #:

2899
195

Claim 10 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

Claim 13 of the ’802 Patent Prior Art Reference – Jalali

[13.1] The method of claim 10 Jalali discloses all the elements of claim 10 for all the reasons provided above.

[13.2] wherein the first digital 

signal is encoded using a first 

wireless protocol and the 

second digital signal is 

encoded using a second 

wireless protocol.

Jalali discloses “wherein the first digital signal is encoded using a first wireless protocol and the 

second digital signal is encoded using a second wireless protocol.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 196 of 382 PageID #:

2900
196

Claim 13 of the ’802 Patent Prior Art Reference – Jalali

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or mo re 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal siz e or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 197 of 382 PageID #:

2901
197

Claim 13 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 2.

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 198 of 382 PageID #:

2902
198

Claim 13 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 199 of 382 PageID #:

2903
199

Claim 13 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of th e sub-channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 200 of 382 PageID #:

2904
200

Claim 13 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 201 of 382 PageID #:

2905
201

Claim 13 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub-channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 202 of 382 PageID #:

2906
202

Claim 13 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 203 of 382 PageID #:

2907
203

Claim 13 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 204 of 382 PageID #:

2908
204

Claim 13 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 205 of 382 PageID #:

2909
205

Claim 13 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processin g 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

[14.1] The method of claim 10 Jalali discloses all the elements of claim 10 for all the reasons provided above.

[14.2] wherein the second 

data is the same as the first 

data, the method further 

comprising:

Jalali discloses “wherein the second data is the same as the first data, the method further comprising.” 

See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 206 of 382 PageID #:

2910
206

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 207 of 382 PageID #:

2911
207

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 2.

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 208 of 382 PageID #:

2912
208

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 209 of 382 PageID #:

2913
209

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub-channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 210 of 382 PageID #:

2914
210

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 211 of 382 PageID #:

2915
211

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data , 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub-channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 212 of 382 PageID #:

2916
212

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 213 of 382 PageID #:

2917
213

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps th e data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the time -

domain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 214 of 382 PageID #:

2918
214

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 215 of 382 PageID #:

2919
215

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[14.3] receiving the 

transmitted signal on a second 

antenna;

Jalali discloses “receiving the transmitted signal on a second antenna.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or mo re 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 216 of 382 PageID #:

2920
216

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

symbols, or some other combination of tones. The circuits can have equal siz e or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 217 of 382 PageID #:

2921
217

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 218 of 382 PageID #:

2922
218

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 219 of 382 PageID #:

2923
219

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub-channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 220 of 382 PageID #:

2924
220

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 221 of 382 PageID #:

2925
221

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be f ast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub-channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 222 of 382 PageID #:

2926
222

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 223 of 382 PageID #:

2927
223

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 224 of 382 PageID #:

2928
224

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respec tive scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 225 of 382 PageID #:

2929
225

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[14.4] amplifying the received 

signal in a low noise amplifier 

resulting in an amplified 

received up-converted signal, 

wherein the bandwidth of said 

low noise amplifier is greater 

than the difference between 

the lowest frequency in the 

first up-converted frequency 

range and the highest 

frequency in the second upconverted frequency range;

Jalali discloses “amplifying the received signal in a low noise amplifier resulting in an amplified 

received up-converted signal, wherein the bandwidth of said low noise amplifier is greater than the 

difference between the lowest frequency in the first up-converted frequency range and the highest 

frequency in the second up-converted frequency range.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 226 of 382 PageID #:

2930
226

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 227 of 382 PageID #:

2931
227

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 228 of 382 PageID #:

2932
228

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 229 of 382 PageID #:

2933
229

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub-channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub-bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 230 of 382 PageID #:

2934
230

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 231 of 382 PageID #:

2935
231

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 232 of 382 PageID #:

2936
232

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 233 of 382 PageID #:

2937
233

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 234 of 382 PageID #:

2938
234

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 235 of 382 PageID #:

2939
235

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[14.5] down-converting the 

amplified received upconverted signal using a first 

down-converter and a signal 

corresponding to the first RF 

center frequency to produce a 

fourth analog signal 

corresponding to the first 

analog signal; and

Jalali discloses “down-converting the amplified received up-converted signal using a first downconverter and a signal corresponding to the first RF center frequency to produce a fourth analog 

signal corresponding to the first analog signal.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or mo re 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 236 of 382 PageID #:

2940
236

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal siz e or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 237 of 382 PageID #:

2941
237

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 238 of 382 PageID #:

2942
238

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 239 of 382 PageID #:

2943
239

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of th e sub-channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 240 of 382 PageID #:

2944
240

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particula r 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 241 of 382 PageID #:

2945
241

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traff ic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub-channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 242 of 382 PageID #:

2946
242

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 243 of 382 PageID #:

2947
243

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 244 of 382 PageID #:

2948
244

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respec tive scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 245 of 382 PageID #:

2949
245

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these reference s. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[14.6] down-converting the 

amplified received upconverted analog signal using 

a second down-converter and 

a signal corresponding to the 

second RF center frequency to 

produce a fifth analog signal 

corresponding to the second 

analog signal.

Jalali discloses “down-converting the amplified received up-converted analog signal using a second 

down-converter and a signal corresponding to the second RF center frequency to produce a fifth 

analog signal corresponding to the second analog signal.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 246 of 382 PageID #:

2950
246

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 247 of 382 PageID #:

2951
247

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 248 of 382 PageID #:

2952
248

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 249 of 382 PageID #:

2953
249

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub -channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexin g 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 250 of 382 PageID #:

2954
250

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 251 of 382 PageID #:

2955
251

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub-channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 252 of 382 PageID #:

2956
252

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one subchannel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 253 of 382 PageID #:

2957
253

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 254 of 382 PageID #:

2958
254

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 255 of 382 PageID #:

2959
255

Claim 14 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

[17.1] A wireless 

communication system 

comprising:

To the extent the preamble is limiting, Jalali discloses “A wireless communication system 

comprising.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 256 of 382 PageID #:

2960
256

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[17.2] a baseband digital 

system for providing a first 

digital signal comprising a 

first data to be transmitted and 

a second digital signal 

comprising a second data to 

be transmitted;

Jalali discloses “a baseband digital system for providing a first digital signal comprising a first data to 

be transmitted and a second digital signal comprising a second data to be transmitted .” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 257 of 382 PageID #:

2961
257

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate d ata (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 258 of 382 PageID #:

2962
258

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 259 of 382 PageID #:

2963
259

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 260 of 382 PageID #:

2964
260

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub -channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 261 of 382 PageID #:

2965
261

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 262 of 382 PageID #:

2966
262

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 263 of 382 PageID #:

2967
263

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data , and 

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 264 of 382 PageID #:

2968
264

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the time -

domain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 265 of 382 PageID #:

2969
265

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 266 of 382 PageID #:

2970
266

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[17.3] a first digital-to-analog 

converter for receiving the 

first digital signal and 

converting the first digital 

signal into a first analog 

signal, the first analog signal 

carrying the first data across a 

first frequency range;

Jalali discloses “a first digital-to-analog converter for receiving the first digital signal and converting 

the first digital signal into a first analog signal, the first analog signal carrying the first data across a 

first frequency range.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 267 of 382 PageID #:

2971
267

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one o r more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 268 of 382 PageID #:

2972
268

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 269 of 382 PageID #:

2973
269

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 270 of 382 PageID #:

2974
270

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub -channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the subchannels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 271 of 382 PageID #:

2975
271

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 272 of 382 PageID #:

2976
272

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub-channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 273 of 382 PageID #:

2977
273

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one subchannel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 274 of 382 PageID #:

2978
274

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 275 of 382 PageID #:

2979
275

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respec tive scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 276 of 382 PageID #:

2980
276

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[17.4] a second digital-toanalog converter for receiving 

the second digital signal and 

converting the second digital 

signal into a second analog 

signal, the second analog 

signal carrying the second 

data across a second 

frequency range;

Jalali discloses “a second digital-to-analog converter for receiving the second digital signal and 

converting the second digital signal into a second analog signal, the second analog signal carrying the 

second data across a second frequency range.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 277 of 382 PageID #:

2981
277

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 278 of 382 PageID #:

2982
278

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 279 of 382 PageID #:

2983
279

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 280 of 382 PageID #:

2984
280

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub -channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the subchannels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub-bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 281 of 382 PageID #:

2985
281

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically o ccurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 282 of 382 PageID #:

2986
282

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub-channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 283 of 382 PageID #:

2987
283

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one subchannel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleave r 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 284 of 382 PageID #:

2988
284

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of mu ltipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 285 of 382 PageID #:

2989
285

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 286 of 382 PageID #:

2990
286

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[17.5] a first up-converter 

circuit having a first input 

coupled to receive the first 

analog signal and a second 

input coupled to receive a first 

modulation signal having a 

first RF frequency, wherein 

the first up-converter outputs 

a first up-converted analog 

signal comprising a first upconverted frequency range 

from the first RF frequency 

Jalali discloses “a first up-converter circuit having a first input coupled to receive the first analog 

signal and a second input coupled to receive a first modulation signal having a first RF frequency, 

wherein the first up-converter outputs a first up-converted analog signal comprising a first upconverted frequency range from the first RF frequency minus one-half the first frequency range to the 

first RF frequency plus one-half the first frequency range.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 287 of 382 PageID #:

2991
287

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

minus one-half the first 

frequency range to the first 

RF frequency plus one-half 

the first frequency range;

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 288 of 382 PageID #:

2992
288

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 289 of 382 PageID #:

2993
289

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 290 of 382 PageID #:

2994
290

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub -channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 291 of 382 PageID #:

2995
291

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 292 of 382 PageID #:

2996
292

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 293 of 382 PageID #:

2997
293

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 294 of 382 PageID #:

2998
294

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the time -

domain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 295 of 382 PageID #:

2999
295

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provid e temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 296 of 382 PageID #:

3000
296

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[17.6] a second up-converter 

circuit having a first input 

coupled to receive the second 

analog signal and a second 

input coupled to receive a 

second modulation signal 

having a second RF 

frequency, wherein the second 

up-converter outputs a second 

up-converted analog signal 

comprising a second upconverted frequency range 

Jalali discloses “a second up-converter circuit having a first input coupled to receive the second 

analog signal and a second input coupled to receive a second modulation signal having a second RF 

frequency, wherein the second up-converter outputs a second up-converted analog signal comprising 

a second up-converted frequency range from the second RF frequency minus one-half the second 

frequency range to the second RF frequency plus one-half the second frequency range, and wherein 

frequency difference between the first RF frequency and the second RF frequency is greater than the 

sum of one-half the first frequency range and one-half the second frequency range.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 297 of 382 PageID #:

3001
297

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

from the second RF frequency 

minus one-half the second 

frequency range to the second 

RF frequency plus one-half 

the second frequency range, 

and wherein frequency 

difference between the first 

RF frequency and the second 

RF frequency is greater than 

the sum of one-half the first 

frequency range and one-half 

the second frequency range; 

and

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 298 of 382 PageID #:

3002
298

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 2.

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 299 of 382 PageID #:

3003
299

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 300 of 382 PageID #:

3004
300

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub -channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the subchannels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 301 of 382 PageID #:

3005
301

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 302 of 382 PageID #:

3006
302

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub-channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 303 of 382 PageID #:

3007
303

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one subchannel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Co de Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 304 of 382 PageID #:

3008
304

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the time -

domain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 305 of 382 PageID #:

3009
305

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 306 of 382 PageID #:

3010
306

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[17.7] a power amplifier 

coupled to receive the first 

and second up-converted 

analog signals, wherein the 

bandwidth of the power 

amplifier is greater than the 

difference between a lowest 

frequency in the first upconverted frequency range 

and a highest frequency in the 

second up-converted 

frequency range.

Jalali discloses “a power amplifier coupled to receive the first and second up-converted analog 

signals, wherein the bandwidth of the power amplifier is greater than the difference between a lowest 

frequency in the first up-converted frequency range and a highest frequency in the second upconverted frequency range.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 307 of 382 PageID #:

3011
307

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

transmission. The data from each coded data stream is mapped to a respective set of one or mo re 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal siz e or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 308 of 382 PageID #:

3012
308

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 309 of 382 PageID #:

3013
309

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 310 of 382 PageID #:

3014
310

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of th e sub-channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 311 of 382 PageID #:

3015
311

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 312 of 382 PageID #:

3016
312

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub-channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 313 of 382 PageID #:

3017
313

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 314 of 382 PageID #:

3018
314

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 315 of 382 PageID #:

3019
315

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respec tive scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 316 of 382 PageID #:

3020
316

Claim 17 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these reference s. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

Claim 21 of the ’802 Patent Prior Art Reference – Jalali

[21.1] The communication 

system of claim 17

Jalali discloses all the elements of claim 17 for all the reasons provided above.

[21.2] wherein the first data of 

the first digital signal is 

encoded using a first wireless 

protocol and the first data of 

the second digital signal is 

encoded using a second 

wireless protocol.

Jalali discloses “wherein the first data of the first digital signal is encoded using a first wireless 

protocol and the first data of the second digital signal is encoded using a second wireless protocol.” 

See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 317 of 382 PageID #:

3021
317

Claim 21 of the ’802 Patent Prior Art Reference – Jalali

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or mo re 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal siz e or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 318 of 382 PageID #:

3022
318

Claim 21 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 2.

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 319 of 382 PageID #:

3023
319

Claim 21 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 320 of 382 PageID #:

3024
320

Claim 21 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of th e sub-channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 321 of 382 PageID #:

3025
321

Claim 21 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 322 of 382 PageID #:

3026
322

Claim 21 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data , 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub-channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 323 of 382 PageID #:

3027
323

Claim 21 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 324 of 382 PageID #:

3028
324

Claim 21 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 325 of 382 PageID #:

3029
325

Claim 21 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 326 of 382 PageID #:

3030
326

Claim 21 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processin g 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these reference s. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

Claim 22 of the ’802 Patent Prior Art Reference – Jalali

[22.1] The communication 

system of claim 17

Jalali discloses all the elements of claim 17 for all the reasons provided above.

[22.2] wherein the second 

data corresponds to the first 

data and wherein the power 

amplifier outputs a third upconverted signal comprising 

the up-converted first analog 

Jalali discloses “wherein the second data corresponds to the first data and wherein the power 

amplifier outputs a third up-converted signal comprising the up-converted first analog signal and the 

up-converted second analog signal.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 327 of 382 PageID #:

3031
327

Claim 22 of the ’802 Patent Prior Art Reference – Jalali

signal and the up-converted 

second analog signal.

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 328 of 382 PageID #:

3032
328

Claim 22 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 2.

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 329 of 382 PageID #:

3033
329

Claim 22 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 330 of 382 PageID #:

3034
330

Claim 22 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub-channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub-bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 331 of 382 PageID #:

3035
331

Claim 22 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 332 of 382 PageID #:

3036
332

Claim 22 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 333 of 382 PageID #:

3037
333

Claim 22 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 334 of 382 PageID #:

3038
334

Claim 22 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Ref erring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 335 of 382 PageID #:

3039
335

Claim 22 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 336 of 382 PageID #:

3040
336

Claim 22 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

Claim 23 of the ’802 Patent Prior Art Reference – Jalali

[23.1] The communication 

system of claim 17

Jalali discloses all the elements of claim 17 for all the reasons provided above.

[23.2] wherein first and 

second data to be transmitted 

comprise a plurality of OFDM 

symbols, wherein a first 

symbol is transmitted during a 

first time slot across the first 

up-converted frequency range 

Jalali discloses “wherein first and second data to be transmitted comprise a plurality of OFDM 

symbols, wherein a first symbol is transmitted during a first time slot across the first up -converted 

frequency range and a second symbol is transmitted during the first time slot across the second upconverted frequency range, and wherein a third symbol is transmitted during a second time slot 

across the first up-converted frequency range and a fourth symbol is transmitted during the second 

time slot across a second up-converted frequency range.” See, e.g.: 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 337 of 382 PageID #:

3041
337

Claim 23 of the ’802 Patent Prior Art Reference – Jalali

and a second symbol is 

transmitted during the first 

time slot across the second 

up-converted frequency range, 

and wherein a third symbol is 

transmitted during a second 

time slot across the first upconverted frequency range 

and a fourth symbol is 

transmitted during the second 

time slot across a second upconverted frequency range.

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 338 of 382 PageID #:

3042
338

Claim 23 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 339 of 382 PageID #:

3043
339

Claim 23 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 340 of 382 PageID #:

3044
340

Claim 23 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 341 of 382 PageID #:

3045
341

Claim 23 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub -channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the subchannels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub-bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 342 of 382 PageID #:

3046
342

Claim 23 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 343 of 382 PageID #:

3047
343

Claim 23 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub-channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 344 of 382 PageID #:

3048
344

Claim 23 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one subchannel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 345 of 382 PageID #:

3049
345

Claim 23 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 346 of 382 PageID #:

3050
346

Claim 23 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respec tive scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 347 of 382 PageID #:

3051
347

Claim 23 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these reference s. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

[24.1] An electronic circuit 

comprising:

To the extent the preamble is limiting, Jalali discloses “An electronic circuit comprising.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 348 of 382 PageID #:

3052
348

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 349 of 382 PageID #:

3053
349

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 350 of 382 PageID #:

3054
350

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 351 of 382 PageID #:

3055
351

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[24.2] a first down-converter 

circuit having a first input 

coupled to receive a first upconverted signal, a second 

input coupled to receive a first 

demodulation signal having a 

first RF frequency, and an 

output, wherein the first 

down-converter circuit 

outputs a first down-converted 

signal on the first downconverter output;

Jalali discloses “a first down-converter circuit having a first input coupled to receive a first upconverted signal, a second input coupled to receive a first demodulation signal having a first RF 

frequency, and an output, wherein the first down-converter circuit outputs a first down-converted 

signal on the first down-converter output.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 352 of 382 PageID #:

3056
352

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 353 of 382 PageID #:

3057
353

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 354 of 382 PageID #:

3058
354

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 355 of 382 PageID #:

3059
355

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub -channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experien cing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 356 of 382 PageID #:

3060
356

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 357 of 382 PageID #:

3061
357

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub -channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub-channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 358 of 382 PageID #:

3062
358

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one sub -

channel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 359 of 382 PageID #:

3063
359

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the time -

domain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as desc ribed above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 360 of 382 PageID #:

3064
360

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 361 of 382 PageID #:

3065
361

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described he rein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[24.3] a second downconverter circuit having a first 

input coupled to receive the 

first up-converted signal, a 

second input coupled to 

receive a second 

demodulation signal having a 

second RF frequency different 

than the first RF frequency, 

and an output, wherein the 

second down-converter 

outputs a second downJalali discloses “a second down-converter circuit having a first input coupled to receive the first upconverted signal, a second input coupled to receive a second demodulation signal having a second RF 

frequency different than the first RF frequency, and an output, wherein the second down-converter 

outputs a second down-converted signal on the second down-converter output, wherein the first upconverted signal comprises a first signal modulated at the first RF frequency and a second signal 

modulated at the second RF frequency.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 362 of 382 PageID #:

3066
362

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

converted signal on the 

second down-converter 

output, wherein the first upconverted signal comprises a 

first signal modulated at the 

first RF frequency and a 

second signal modulated at 

the second RF frequency; and

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or more 

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal size or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 363 of 382 PageID #:

3067
363

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 364 of 382 PageID #:

3068
364

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 365 of 382 PageID #:

3069
365

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub -channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the subchannels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub-bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 366 of 382 PageID #:

3070
366

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of, 

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically o ccurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 367 of 382 PageID #:

3071
367

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub-channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 368 of 382 PageID #:

3072
368

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one subchannel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleave r 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 369 of 382 PageID #:

3073
369

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the timedomain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of mu ltipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 934, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 370 of 382 PageID #:

3074
370

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide tempora l 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 371 of 382 PageID #:

3075
371

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an application 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combinatio n 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

[24.4] a filter having an input 

coupled to the output of the 

first down-converter and the 

output of the second downconverter, and in accordance 

therewith, the filter receives 

the first and second downconverted signals.

Jalali discloses “a filter having an input coupled to the output of the first down-converter and the 

output of the second down-converter, and in accordance therewith, the filter receives the first and 

second down-converted signals.” See, e.g.: 

Transmitter and receiver units for use in an OFDM communications system and configurable to 

support multiple types of services. The transmitter unit includes one or more encoders, a symbol 

mapping element, and a modulator. Each encoder receives and codes a respective channel data stream 

to generate a corresponding coded data stream. The symbol mapping element receives and maps data 

from the coded data streams to generate modulation symbol vectors, with each modulation symbol 

vector including a set of data values used to modulate a set of tones to generate an OFDM symbol. 

The modulator modulates the modulation symbol vectors to provide a modulated signal suitable for 

transmission. The data from each coded data stream is mapped to a respective set of one or mo re 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 372 of 382 PageID #:

3076
372

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

“circuits”. Each circuit can be defined to include a number of tones from a number of OFDM 

symbols, a number of tones from a single OFDM symbol, all tones from one or more OFDM 

symbols, or some other combination of tones. The circuits can have equal siz e or different sizes. 

Different circuits can be used for full rate data (e.g., active speech) and low rate data (e.g., silence 

periods).

See, e.g., Jalali at Abstract.

See, e.g., Jalali at Figure 2.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 373 of 382 PageID #:

3077
373

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 9.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 374 of 382 PageID #:

3078
374

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

See, e.g., Jalali at Figure 10.

The present invention relates to data communication. More particularly, the present invention relates 

to a novel and improved communications system employing multi-carrier modulation and having 

high efficiency, improved performance, and enhanced flexibility.

See, e.g., Jalali at 1:24-28.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 375 of 382 PageID #:

3079
375

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

In accordance with another aspect of the invention, frequency diversity can be achieved by 

employing a multi-carrier modulation scheme. One such scheme that has numerous advantages is 

OFDM. With OFDM modulation, the overall transmission channel is essentially divided into a 

number of (L) parallel sub-channels that are used to transmit the same or different data. The overall 

transmission channel occupies the total operating bandwidth of W, and each of the sub-channels 

occupies a sub-band having a bandwidth of W/L and centered at a different center frequency. Each 

sub-channel has a bandwidth that is a portion of the total operating bandwidth. Each of the sub -

channels may also be considered an independent data transmission channel that may be associated 

with a particular (and possibly unique) processing, coding, and modulation scheme, as described 

below.

The data may be partitioned and transmitted over any defined set of two or more sub -bands to 

provide frequency diversity. For example, the transmission to a particular subscriber unit may occur 

over sub-channel 1 at time slot 1, sub-channel 5 at time slot 2, sub-channel 2 at time slot 3, and so on. 

As another example, data for a particular subscriber unit may be transmitted over sub-channels 1 and 

2 at time slot 1 (e.g., with the same data being transmitted on both sub-channels), sub-channels 4 and 

6 at time slot 2, only sub-channel 2 at time slot 3, and so on. Transmission of data over different subchannels over time can improve the performance of a communications system experiencing 

frequency selective fading and channel distortion. Other benefits of OFDM modulation are described 

below.

In accordance with yet another aspect of the invention, temporal diversity is achieved by transmitting 

data at different times, which can be more easily accomplished using time division multiplexing 

(TDM). For data services (and possibly for voice services), data transmission occurs over time slots 

that may be selected to provide immunity to time dependent degradation in the communications link. 

Temporal diversity may also be achieved through the use of interleaving.

For example, the transmission to a particular subscriber unit may occur over time slots 1 through x, or 

on a subset of the possible time slots from 1 through x (e.g., time slots 1, 5, 8, and so on). The 

amount of data transmitted at each time slot may be variable or fixed. Transmission over multiple 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 376 of 382 PageID #:

3080
376

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

time slots improves the likelihood of correct data reception due to, for example, impulse noise and 

interference.

The combination of antenna, frequency, and temporal diversity allows the communications system of 

the invention to provide robust performance. Antenna, frequency, and/or temporal diversity improves 

the likelihood of correct reception of at least some of the transmitted data, which may then be used 

(e.g., through decoding) to correct for some errors that may have occurred in the other transmissions. 

The combination of antenna, frequency, and temporal diversity also allows the communications 

system to concurrently accommodate different types of services having disparate data rate, processing 

delay, and quality of service requirements.

See, e.g., Jalali at 8:47-9:38.

FIG. 2 is a diagram that graphically illustrates at least some of the aspects of the communications 

system of the invention. FIG. 2 shows a specific example of a transmission from one of NT transmit 

antennas at a transmitter unit. In FIG. 2, the horizontal axis is time and the vertical axis is frequency. 

In this example, the transmission channel includes 16 sub-channels and is used to transmit a sequence 

of OFDM symbols, with each OFDM symbol covering all 16 sub-channels (one OFDM symbol is 

indicated at the top of FIG. 2 and includes all 16 sub-bands). A TDM structure is also illustrated in 

which the data transmission is partitioned into time slots, with each time slot having the duration of,

for example, the length of one modulation symbol (i.e., each modulation symbol is used as the TDM 

interval).

The available sub-channels can be used to transmit signaling, voice, traffic data, and others. In the 

example shown in FIG. 2, the modulation symbol at time slot 1 corresponds to pilot data, which is 

periodically transmitted to assist the receiver units synchronize and perform channel estimation. 

Other techniques for distributing pilot data over time and frequency can also be used and are within 

the scope of the present invention. In addition, it may be advantageous to utilize a particular 

modulation scheme during the pilot interval if all sub-channels are employed (e.g., a PN code with a 

chip duration of approximately 1/W). Transmission of the pilot modulation symbol typically occurs 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 377 of 382 PageID #:

3081
377

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

at a particular frame rate, which is usually selected to be fast enough to permit accurate tracking of 

variations in the communications link.

See, e.g., Jalali at 13:49-14:11.

In accordance with certain embodiments of the invention that provide the most flexibility and are 

capable of achieving high performance and efficiency, each sub-channel at each time slot for each 

transmit antenna may be viewed as an independent unit of transmission (i.e., a modulation symbol) 

that can be used to transmit any type of data such as pilot, signaling, broadcast, voice, traffic data, 

and others, or a combination thereof (e.g., multiplexed voice and traffic data). In such design, a voice 

call may be dynamically assigned different sub-channels over time.

Flexibility, performance, and efficiency are further achieved by allowing for independence among the 

modulation symbols, as described below. For example, each modulation symbol may be generated 

from a modulation scheme (e.g., M-PSK, M-QAM, and others) that results in the best use of the 

resource at that particular time, frequency, and space.

A number of constraints may be placed to simplify the design and implementation of the transmitter 

and receiver units. For example, a voice call may be assigned to a particular sub-channel for the 

duration of the call, or until such time as a sub-channel reassignment is performed. Also, signaling 

and/or broadcast data may be designated to some fixed sub-channels (e.g., sub-channel 1 for control 

data and sub-channel 2 for broadcast data, as shown FIG. 2) so that the receiver units know a priori 

which sub-channels to demodulate to receive the data.

Also, each data transmission channel or sub-channel may be restricted to a particular modulation 

scheme (e.g., M-PSK, M-QAM) for the duration of the transmission or until such time as a new 

modulation scheme is assigned. For example, in FIG. 2, voice call 1 on sub -channel 3 may use 

QPSK, voice call 2 on sub-channel 4 may use 16-QAM, data 1 transmission at time slot 2 may use 8-

PSK, data 2 transmission at time slots 3 through 5 may use 16-QAM, and so on.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 378 of 382 PageID #:

3082
378

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

The use of TDM allows for greater flexibility in the transmission of voice data and traffic data, and 

various assignments of resources can be contemplated. For example, a user can be assigned one subchannel for each time slot or, equivalently, four sub-channels every fourth time slot, or some other 

allocations. TDM allows for data to be aggregated and transmitted at designated time slot(s) for 

improved efficiency.

See, e.g., Jalali at 15:26-16:3.

The encoding may include error correction coding or error detection coding, or both, used to increase 

the reliability of the link. More specifically, such encoding may include, for example, interleaving, 

convolutional coding, Turbo coding, Trellis coding, block coding (e.g., Reed-Solomon coding), 

cyclic redundancy check (CRC) coding, and others. Turbo encoding is described in further detail in 

U.S. patent application Ser. No. 09/205,511, filed Dec. 4, 1998 entitled “Turbo Code Interleaver 

Using Linear Congruential Sequences” and in a document entitled “The cdma2000 ITU-R RTT 

Candidate Submission,” hereinafter referred to as the IS-2000 standard, both of which are 

incorporated herein by reference.

See, e.g., Jalali at 16:35-47.

FIG. 9 is a block diagram of an embodiment of a data processor 912 and a modulator 914 that can be 

used to multiplex multiple users on orthogonal OFDM tones. Channel data streams S1 through SK 

can be used to carry data for users 1 through K, respectively. Additional channel data streams (e.g., 

SL) can be used to carry data for control, signaling, broadcast, and other overhead channels. Each 

channel data stream is provided to a respective encoder 922 that codes the received data with a 

particular coding scheme selected for that channel. For example, the coding scheme can include 

convolutional coding, Turbo coding, or no coding at all. The encoded data streams X1 through XL 

from encoders 922 a through 922 l are then provided to respective multipliers 924 a through 924 l, 

which also receive respective scaling factors G, through GL. Each multiplier 924 scales the received 

data stream with the received scaling factor to provide power adjustment for the data stream.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 379 of 382 PageID #:

3083
379

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

The scaled data streams from multipliers 924 a through 924 lare then provided to a parallel to serial 

converter (P/S) 926 that multiplexes the received data streams into a combined data stream. A symbol 

mapping element 928 then receives the combined data stream and interleaves (i.e., reorders) the data 

in the stream to provide temporal diversity. Symbol mapping element 928 further maps the data in 

each received data stream to the tones assigned to the data stream, as described below. The output 

from symbol mapping element 928 is a stream of modulation symbol vectors V, which is provided to 

modulator 914.

Within modulator 914, an IFFT 930 receives and converts the modulation symbol vectors V into their 

time-domain representations called OFDM symbols. In an embodiment, for each modulation symbol 

vector converted to an OFDM symbol, cycle prefix generator 932 repeats a portion of the time -

domain representation of the OFDM symbol to form a transmission symbol. The cyclic prefix ensures 

that the transmission symbol retains its orthogonal properties in the presence of multipath delay 

spread, thereby improving performance against deleterious path effects, as described above. The 

transmission symbols from cycle prefix generator 932 are then processed by upconverter 93 4, 

converted into an analog signal, modulated to a RF frequency, and conditioned (e.g., amplified and 

filtered) to generate an RF modulated signal that is then transmitted from an antenna 916.

In an embodiment, symbol mapping element 928 maps the symbols for each channel data stream 

(e.g., each user) to a set of tones that are assigned to the channel. Referring back to FIG. 8A, each 

partition includes a number of OFDM symbols and, referring back to FIG. 1, each OFDM symbol 

includes a number of tones transmitted on a number of sub-channels. Thus, a number of tones in each 

partition are available for transmitting the channel data streams.

See, e.g., Jalali at 26:55-27:42.

FIG. 10 is a block diagram of an embodiment of a data processor 1012 and a modulator 1014 that can 

be used to multiplex multiple users on the same OFDM tones using orthogonal (e.g., Walsh) codes. 

Similar to FIG. 9, channel data streams S1 through SL can be used to carry data for users and for 

control, signaling, broadcast, and other overhead channels. Each channel data stream is provided to a 

respective encoder 1022 that codes the received data with a particular coding scheme selected for that 

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 380 of 382 PageID #:

3084
380

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

channel. The encoded data streams X1 through XL from encoders 1022 a through 1022 l are then 

provided to respective multipliers 1024 a through 1024 l, which also receive respective scaling 

factors G1 through GL. Each multiplier 1024 scales the received data stream with the received 

scaling factor to provide power control for the data stream.

The scaled data streams from multipliers 1024 a through 1024 l are then provided to respective 

multipliers 1026 a through 1026 l, which also receive respective Walsh sequences W1 through WL. 

Each multiplier 1026 covers the received data stream with the received Walsh sequence to provide a 

covered data stream. The covered data streams from multipliers 1026 a through 1026 l are provided 

to, and combined by a summer 1027 to generate a combined data stream. A symbol mapping element 

1028 receives the combined data stream and interleaves the data in the stream to provide temporal 

diversity. The output from symbol mapping element 1028 is a stream of modulation symbol vectors 

V, which is then provided to modulator 1014.

Modulator 1014 includes an IFFT 1030, a cyclic prefix generator 1032, and an upconverter 1034 that 

operate in similar manner as IFFT 930, cyclic prefix generator 932, and upconverter 934, 

respectively, in FIG. 9. Modulator 1014 generates an RF modulated signal that is transmitted from an 

antenna 1016.

See, e.g., Jalali at 31:48-32:14.

For fixed application, a directional antenna can be used at the base station for forward link 

transmissions, and two receive antennas can be provided at the user terminal to achieve receive 

diversity. This configuration can provide a high carrier-to-interference ratio (C/I), which results in a 

large capacity (e.g., a hundred or more voice users may be serviced by 1.25 MHz on the forward 

link). For the Walsh cover multiplexing scheme, the channel estimates can be more accurate for fixed 

applications and where directional antennas are deployed. This allows for more accurate equalization 

of the transmission channel to maintain orthogonality of the Walsh covered data.

See, e.g., Jalali at 33:7-18.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 381 of 382 PageID #:

3085
381

Claim 24 of the ’802 Patent Prior Art Reference – Jalali

As shown above, the transmitter unit and receiver unit are each implemented with various processing 

units that include various types of data processor, encoders, IFFTs, FFTs, demultiplexers, combiners, 

and so on. These processing units can be implemented in various manners such as an applic ation 

specific integrated circuit (ASIC), a digital signal processor, a microcontroller, a microprocessor, or 

other electronic circuits designed to perform the functions described herein. Also, the processing 

units can be implemented with a general-purpose processor or a specially designed processor 

operated to execute instruction codes that achieve the functions described herein. Thus, the 

processing units described herein can be implemented using hardware, software, or a combination 

thereof.

See, e.g., Jalali at 33:41-54.

Furthermore, this claim element is obvious in light of Jalali itself, when combined with any of the 

other references as charted for this claim element in Exs. A-1–A-31, First Supplemental Ex. AObviousness Chart, and/or when combined with the knowledge of one of ordinary skill in the art. 

Motivations to combine may come from the knowledge of the person of ordinary skill themselves, or 

from the known problems and predictable solutions as embodied in these references. Further 

motivations to combine references and additional details may be found in the Cover Pleading and 

First Supplemental Ex. A-Obviousness Chart.

Case 2:23-cv-00285-JRG-RSP Document 59-10 Filed 07/11/24 Page 382 of 382 PageID #:

3086