| Comments on U.S. Patent No. 6,091,940 – May
12, 2005
U.S. Patent No. 6,091,940 (the ‘940 patent), entitled “Method
and System for Frequency Upconversion” was granted to Sorrells,
et al. on July 18, 2000 and was filed on October 21, 1998. This patent
includes claims to methods and systems for converting one frequency
to another, which are depicted in the patent with figures such as
Figs 10, 16, 32A, 37A.
The claims of a patent are the heart of the patent. The remaining
material in a patent specification generally includes supporting
material to define the existing state-of-the-art, called “Prior
Art”, and figures and description that serve as reference material
for the claims of the invention. The description of the invention
and the supporting figures presented in a patent specification must,
among other requirements, provide adequate written description of
the invention to show that the inventor(s) were in possession of
the invention as claimed at the time of filing.
Over six pages of references to prior art were supplied within the ‘940
patent. While references typically focus on scientific journals establishing
the existing state-of-the-art, an entire page of references in the ‘940
patent was devoted to ParkerVision Press releases.The references included
topics such as “The available time statistics of rain attenuation
on earth-space path”. It is not clear to this reviewer how rain
attenuation statistics and company press releases pertain to the prior
art of frequency upconversion. Looking over the ‘940 patent
does make this reviewer pity the poor patent examiner who had to diligently
review all of the references and material in this patent in a limited
amount of time.
The independent claims of a patent form the foundation of the patent, as all
the other claims add restrictions and conditions to the independent claims. For
example, the ‘940 patent is 119 pages long with 374 claims in all, and
8 independent claims. The second independent claim, Claim No. 4, recites what
appears to be the simplest embodiment of the invention:
4. An apparatus for frequency up-conversion, comprising:
a switch module that receives an oscillating signal and a bias signal, wherein
said oscillating signal causes said switch module to gate said bias signal and
thereby generate a periodic signal having a plurality of harmonics, said periodic
signal having an amplitude that is a function of said bias signal; and
a filter coupled to said switch module to isolate at least one of said plurality
of harmonics.
Comparing the above claim to a conventional frequency converter such as that
shown in Fig 5.26 from Carlson’s Communication Systems showing striking
similarities [1]. Fig 5.26 in Carlson contains a mixer, often implemented as
a switch [2,3], and oscillating signal, and a filter used to select part of the
switched signal as an output.
(click to enlarge)
Drawing of Fig 5.26, labeled “Frequency Converter” in
Carlson [1]

Fig. 16 in the ‘940 patent
It is widely recognized by those skilled in the art of radio frequency design
that frequency converters can work by switching [2,3], and that the mixer described
by Carlson is often realized as a switch. Following a mixer with a filter is
also standard practice in frequency converter design, as shown in the basic
textbook by Carlson. So one of the core claims of patent ‘940 reads as
a conventional upconverter circa no later than 1968.

Fig. 5 from the ‘940 patent
The ‘940 patent shows an example of prior art AM upconversion in Fig.
5, which shows a frequency multiplier after the mixer. This is in contrast
to Fig. 16 in the ‘940 patent, which shows their invention using a switch
to act as both the mixer and harmonic generator. The combination of mixer and
harmonic generator shown in Fig. 16 is known as a “harmonic mixer” and
is quite old [2]. Again, this portion of the ‘940 patent does not appear
to add anything to the state-of-the-art.
Many of the other figures shown describing the invention can be found in the
literature prior to 1997. For example, Fig. 32A is a conventional FET gate mixer
and Fig. 37A is simply a shunt resonator filter. As previously stated, the connections
and configurations of these devices do not appear as anything new.
While this reviewer is not in a position to discuss the validity of the ‘940
patent, certainly some of the claims read as prior art and many of the drawings
of the invention appear very similar to radio frequency converters existing in
the prior art. It is not clear to this reviewer what is innovative about the ‘940
patent.
References
[1] A.B. Carlson, Communication Systems, McGraw-Hill, New York,NY, 1968.
[2] S.A. Maas, Microwave Mixers, Artech House, Dedham, MA, 1986.
[3] A.A. Abidi, “Direct Conversion Radio Transceivers for Digital Communications,” IEEE
JSSC, Vol. 30, No. 12, pp. 1399-1410, Dec 1995.
[4] H. Kaiuwi, S. Nagata, K. Tateoka, K. Kanazawa, and D. Ueda, “A GaAs
Single Balanced Mixer MMIC with Built-In Active Balun for Personal Communication
Systems,” IEEE Microwave and Millimeter-Wave Monolithic Circuits Symposium,
Orlando, FL, pp. 77-80, 1995.
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