IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`§ Attorney Docket No.:
`United States Patent No.: 8,532,641
`§
`110797-0004-659
`Inventors: Russell W. White,
`§ Customer No. 28120
`Kevin R. Imes
`Formerly Application No.: 13/673,391 § Petitioners:
`Issue Date: Sept. 10, 2013
`§
`Samsung Electronics Co., Ltd.;
`Filing Date: Nov. 9, 2012
`§
`Samsung Electronics America, Inc.
`Priority Date: March 28, 2000
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`Former Group Art Unit: 2646
`Former Examiner: Erika Washington
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`For: SYSTEM AND METHOD FOR MANAGING MEDIA
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`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent and Trademark Office
`Post Office Box 1450
`Alexandria, Virginia 22313-1450
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`
`
`DECLARATION OF DR. SCHUYLER QUACKENBUSH
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW OF
`UNITED STATES PATENT NO. 8,532,641
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`Samsung Ex. 1424 p. 1
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`

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`TABLE OF CONTENTS
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`I. 
`Introduction .................................................................................................................... 1 
`II.  Opinions Regarding A Person Of Ordinary Skill In The Art ............................... 8 
`III.  The ‘641 Patent .............................................................................................................. 9 
`A.  Overview of the ‘641 Patent ............................................................................ 9 
`B. 
`Claim Construction of ‘641 Patent Claims .................................................. 11 
`IV.  Analysis of The ‘641 Patent ....................................................................................... 12 
`A.  Ground 1: Obvious over Ito in view of Haartsen, Ushiroda, and Bork
`(Claims 1, 2, 5, 9) Ground 2: Obvious over Ito in view of Haartsen,
`Nokia, Ushiroda, and Bork (Claims 1-3, 5, 9, 10) Ground 3: Obvious
`over Ito in view of Haartsen, Rydbeck, Ushiroda, and Bork (Claims 1, 2,
`5, 9) Ground 4: Obvious over Ito in view of Haartsen, Nokia, Rydbeck,
`Ushiroda, and Bork (Claims 1-3, 5, 9, 10) Ground 5: Obvious over Ito in
`view of Haartsen, Galensky, Ushiroda, and Bork (Claim 7) Ground 6:
`Obvious over Ito in view of Haartsen, Nokia, Galensky, Ushiroda, and
`Bork (Claims 6, 7) Ground 7: Obvious over Ito in view of Haartsen,
`Rydbeck, Galensky, Ushiroda, and Bork (Claim 7) Ground 8: Obvious
`over Ito in view of Haartsen, Nokia, Rydbeck, Galensky, Ushiroda, and
`Bork (Claims 6, 7) ............................................................................................ 18 
`1. 
`Claim 1 ................................................................................................... 22 
`(a) 
`Preamble .................................................................................... 22 
`(b)  Element [1.A] ............................................................................ 22 
`(c) 
`Element [1.B] ............................................................................ 23 
`(d)  Element [1.C] ............................................................................ 23 
`(e) 
`Element [1.D] ............................................................................ 24 
`(f) 
`Element [1.E] ............................................................................ 25 
`(g) 
`Element [1.F]............................................................................. 35 
`(h)  Element [1.G] ............................................................................ 35 
`(i) 
`Element [1.H] ............................................................................ 39 
`(j) 
`Element [1.I] ............................................................................. 44 
`Claim 2 ................................................................................................... 47 
`Claim 3 ................................................................................................... 50 
`(a) 
`Element [3.A] ............................................................................ 50 
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`2. 
`3. 
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`-i-
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`Samsung Ex. 1424 p. 2
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`(b)  Element [3.B] ............................................................................ 52 
`(c) 
`Element [3.C] ............................................................................ 53 
`Claim 5 ................................................................................................... 54 
`Claim 6 ................................................................................................... 57 
`(a) 
`Element [6.A] ............................................................................ 57 
`(b)  Element [6.B] ............................................................................ 58 
`Claim 7 ................................................................................................... 61 
`(a) 
`Element [7.A] ............................................................................ 61 
`(b)  Element [7.B] ............................................................................ 62 
`Claim 8 ................................................................................................... 65 
`(a) 
`Preamble .................................................................................... 65 
`(b)  Element [8.A] ............................................................................ 66 
`(c) 
`Element [8.B] ............................................................................ 68 
`(d)  Element [8.C] ............................................................................ 72 
`(e) 
`Element [8.D] ............................................................................ 72 
`(f) 
`Element [8.E] ............................................................................ 72 
`Claim 9 ................................................................................................... 72 
`(a) 
`Element [9.A] ............................................................................ 72 
`(b)  Element [9.B] ............................................................................ 73 
`(c) 
`Element [9.C] ............................................................................ 73 
`(d)  Element [9.D] ............................................................................ 73 
`Claim 10 ................................................................................................. 74 
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`4. 
`5. 
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`6. 
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`7. 
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`8. 
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`9. 
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`-ii-
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`Samsung Ex. 1424 p. 3
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`

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`I, Schuyler Quackenbush, hereby declare under penalty of perjury:
`
`I.
`
`INTRODUCTION
`
`1.
`
`I have been retained to provide assistance regarding U.S. Patent No.
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`8,532,641 (“‘641 patent”). Attached hereto as Appendix A is a true and correct copy
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`of my Curriculum Vitae describing my background and experience. I have personal
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`knowledge of the facts and opinions set forth in this declaration, and, if called upon to
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`do so, I would testify competently thereto.
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`2.
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`I received a B.S. in Electrical Engineering from Princeton University in
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`1975, and M.S. and Ph.D. in Electrical Engineering from the Georgia Institute of
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`Technology in 1980 and 1985, respectively. While at the Georgia Institute of
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`Technology, I concentrated my research on signal processing, including both speech
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`and image processing. In my thesis I explored the factors that determine the perceived
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`quality of a processed speech signal, such as speech signals from a mobile telephone
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`system. My thesis was titled “Objective Measures of Speech Quality” and the thesis
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`research was on computer algorithms that could predict perceived speech quality.
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`3.
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`Between 1975 and 1978, I worked for Loral Electronics in Yonkers, NY,
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`where I was employed as a test engineer. Loral Electronics produced airborne
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`electronics systems for the U.S. Air Force. My responsibilities in this position included:
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`assisting the lead engineer in setting up test equipment; assembling custom test
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`equipment; and using this equipment to test items from the production line.
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`
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`-1-
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`Samsung Ex. 1424 p. 4
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`4.
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`From 1978 to 1979, I worked for Diagnostic/Retrieval Systems (DRS),
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`Inc. in Oakdale, NJ, where I was a hardware design engineer. DRS produced
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`electronic sonar systems for the U.S. Navy. My responsibilities in this position
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`included: design of an analog to digital signal acquisition sub-system; design of a
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`digital heterodyne sub-system; and assisting in test and debugging of the complete
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`prototype system.
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`5.
`
`Between 1986 and 2002, I worked for AT&T Bell Labs in Murray Hill
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`where I was Member of Technical Staff in the Signal Processing Research
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`Department, and subsequently at AT&T Labs in Florham Park, NJ, where I was
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`Principal Technical Staff and then Acting Supervisor of the Speech and Audio Coding
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`Group. During the time period from 1986 to 2000 I: developed and implemented a
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`speech coding algorithm; developed and implemented several audio coding algorithms;
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`developed and implemented an image and audio decoding algorithm (for use as a
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`“talking mail-order catalog”) and worked on a large team that built a working Digital
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`Audio Broadcast system using AT&T’s Perceptual Audio Coding (PAC) technology. I
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`was the lead expert in the effort to promote AT&T’s PAC technology in the ISO
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`MPEG standards group. This effort resulted in the MPEG Advanced Audio Coding
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`standard, which contained more than 80 percent of AT&T’s PAC technology. I
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`developed a client/server music player using the AT&T audio technology. This used
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`an OpenGL graphical user
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`interface and UNIX socket-based client/server
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`communication. I worked on a team that developed a second generation of this
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`-2-
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`Samsung Ex. 1424 p. 5
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`player that was also a client/server architecture, but used User Datagram Protocol
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`(UDP) Internet protocol for streaming from server to client, and had a browser-based
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`user interface written in HTML. As Acting Supervisor of the Speech and Audio
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`Coding Group, I was responsible for supervising the work of several Principal
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`Technical Staff Members and directing the work of the junior technical staff members.
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`6.
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`Since 2002, I have been the Founder and President of Audio Research
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`Labs, LLC (ARL) in Scotch Plains, NJ. My responsibilities at ARL are to set business
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`objectives, develop new business, design and develop products and deliver consulting
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`services. ARL products include: the Subjective Training and Evaluation Program
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`(STEP), which facilitates the subjective assessment of speech and audio quality; and
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`ARL Sound Stage, which is an audio workstation plugin that aids a sound engineer in
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`mixing 5.1 channel audio programs. ARL services include: engineering consulting in
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`the area of speech and audio signal processing, including algorithm development and
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`real-time implementations; subjective speech and audio quality assessment services;
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`advice on standardization activities, including advice on promising algorithms for
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`possible standardization; and consulting on patent portfolio valuation and patent
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`litigation expert witness services.
`
`7.
`
`From 2006 to 2009, I was the Founder and VP of Audio Technology for
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`Lightspeed Audio Labs, Inc., located in Tinton Falls, NJ. During this time I remained
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`President of ARL, but the majority of my time was spent on Lightspeed Audio Labs
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`work. Lightspeed Audio Labs created an Internet-based system that permitted users
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`-3-
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`Samsung Ex. 1424 p. 6
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`in different physical locations to interactively collaborate on-line to make music as if
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`they were in the same recording venue. My responsibilities at Lightspeed Audio Labs
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`included the design, creation and operation of: a high-quality digital audio
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`encoder/decoder; a client/server framework for audio signal streaming, recording,
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`mixing and playback; and a server database system to manage user accounts and user
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`created music. The streaming audio data used the UDP Internet protocol to assure
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`robust real-time performance. The client user interface was a conventional web
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`browser that communicated with an Apache server using HTTP Internet protocol.
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`Web pages were coded with the HTML and PHP languages and used a MSQL
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`database.
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`8.
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`I began participating in the International Standards Organization (ISO)
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`standard setting body in 1995 to promote Perceptual Audio Coding technology on
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`behalf of AT&T. This effort ultimately resulted in the Advanced Audio Coding
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`standard (AAC), which was published in 1997.
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`9.
`
`The ISO group dealing with standards for digital media compression is
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`the Joint Technical Committee 1 (JTC 1), Subcommittee 29 (SC 29), Working Group
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`11 (WG 11). This group is designated as ISO JTC 1 SC 29 WG 11. WG 11 is also
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`referred to as the Motion Picture Experts Group (MPEG).
`
`10.
`
`Since 1998, I have served as Chair of the MPEG Audio Subgroup
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`(subgroup of WG 11 or MPEG). This role is voluntary and I receive no monetary
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`remuneration. The Audio Subgroup consists of more than 50 audio experts from
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`
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`-4-
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`Samsung Ex. 1424 p. 7
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`companies located around the world. As subgroup Chair, I am responsible for
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`recommending areas for possible standardization, delegating tasks to and managing
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`task completion by the group, forging consensus on group decisions and reporting on
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`the group’s work to the MPEG plenary. During my tenure, the group has created and
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`standardized many technologies including: High-Efficiency Advanced Audio Coding
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`(HE-AAC), Enhanced Low Delay Advanced Audio Coding (AAC-ELD), MPEG
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`Surround, Spatial Audio Object Coding (SAOC), and Unified Speech and Audio
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`Coding (USAC).
`
`11.
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`I am an inventor on 23 issued U.S. patents. These patents cover a range
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`of technologies, including audio coding, text-to-speech synthesis systems and audio
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`watermarking systems.
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`12.
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`I have authored many peer-reviewed technical articles, including
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`publications
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`in Journal of
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`the AES, IEEE Multimedia Magazine, IEEE
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`Communication Magazine, IEEE Journal on Selected Areas in Communications, and
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`Proceedings of IEEE Conference on Acoustics, Speech and Signal Processing. The
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`topics of those articles have included speech quality assessment, speech coding
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`algorithms, audio coding algorithms and image coding algorithms.
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`13.
`
`I have been active in my professional organizations. I have been a
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`member of the Audio Engineering Society (AES) for more than 20 years and became
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`a Fellow of AES in 2006. I have routinely attended AES conventions and
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`
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`-5-
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`Samsung Ex. 1424 p. 8
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`conferences and have been co-chair of the AES Technical Committee on Coding of
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`Audio Signals since 2009. I have authored over 15 conference papers for the AES.
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`14.
`
`I have been a member of the Institute of Electrical and Electronic
`
`Engineers (IEEE) for more than 30 years and have been a Senior Member for more
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`than 15 years. Within the IEEE there are many specialist societies, and I am a
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`member of the IEEE Signal Processing Society. I have attended many IEEE
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`conferences, including the International Conference on Acoustics, Speech and Signal
`
`Processing (ICASSP) and the Workshop on Applications of Signal Processing to
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`Audio and Acoustics. I have authored more than 15 IEEE journal or conference
`
`publications.
`
`15.
`
`I have authored one book, entitled Objective Measures of Speech
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`Quality, and several book chapters, including MPEG Audio Compression Advances,
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`MPEG Audio Compression Future, and MPEG Video/Audio Quality Evaluation
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`chapters of The MPEG Book, and the Digital Audio Compression Technologies
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`chapter of National Association of Broadcasters Engineering Handbook, 10th Edition.
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`The topics of my book and the chapters that I wrote include subjects such as:
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`methods for assessment of speech and audio quality; description of audio coding
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`technologies, including Dolby AC-3; MPEG-1 Layer I, II and III; MPEG-2 Advanced
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`Audio Coding; MPEG-4 High Efficiency Audio Coding and MPEG Surround audio
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`coding.
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`
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`-6-
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`Samsung Ex. 1424 p. 9
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`16. A complete listing of the papers that I have authored and co-authored is
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`attached as Appendix B and a list of my testifying experience from the past four years
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`is attached as Appendix C.
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`17.
`
`I am being compensated for my time spent in connection with this case
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`at a rate of $350 /hr. I have no financial interest in the outcome of this case.
`
`18.
`
`In preparing my opinions, I have considered the following materials:
`
`
`
`‘641 Patent (Ex. 1401)
`
` File History of ‘641 Patent (Ex. 1402)
`
` U.S. Patent No. 6,990,334 to Ito (Ex. 1403)
`
` Declaration of Harri Valio (Ex. 1404)
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` Declaration of Jari Toivanen (Ex. 1405)
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` Owner’s Manual for the Nokia 9000i Communicator (“Nokia”), dated 1995-
`
`1997, published by Nokia Mobile Phones Ltd. (Ex. 1405B)
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` U.S. Patent No. 6,973,067 to Haartsen (Ex. 1406)
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` “Bluetooth, the Universal Radio Interface for Ad Hoc wireless connectivity”, J.
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`C. Haartsen, Ericsson Review, Telecommunications Technology Journal, No.
`
`3, 1998 (Ex. 1407A)
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` U.S. Patent No. 7,123,936 to Rydbeck (Ex. 1408)
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` U.S. Patent No. 6,845,398 to Galensky (Ex. 1409)
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` U.S. Patent No. 6,633,932 (“Bork”) (Ex. 1410)
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` U.S. Patent No. 6,212,403 (“Ushiroda”) (Ex. 1411)
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`
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`-7-
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`Samsung Ex. 1424 p. 10
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` Universal Serial Bus Specification, Revision 1.1, September 23, 1998, Compaq
`
`Computer Corp., Intel Corp., Microsoft Corp., and NEC Corp. (Ex. 1413A)
`
` January 30, 2015 Decision on Institution of Inter Partes Review in IPR2014-
`
`01181 (Inter Partes Review of U.S. Patent No. 8,532,641) (Ex. 1421)
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` January 30, 2015 Decision on Institution of Inter Partes Review in IPR2014-
`
`01182 (Inter Partes Review of U.S. Patent No. 8,532,641) (Ex. 1422)
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` January 30, 2015 Decision on Institution of Inter Partes Review in IPR2014-
`
`01184 (Inter Partes Review of U.S. Patent No. 8,532,641) (Ex. 1423)
`
`II. OPINIONS REGARDING A PERSON OF
`ORDINARY SKILL IN THE ART
`
`19.
`
`I understand that the factors considered in determining the ordinary
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`level of skill in a field of art include the level of education and experience of persons
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`working in the field; the types of problems encountered in the field; and the
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`sophistication of the technology. I understand that a person of ordinary skill in the
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`art is not a specific real individual, but rather is a hypothetical individual having the
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`qualities reflected by the factors above. I understand that a person of ordinary skill in
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`the art would also have knowledge from the teachings of the art cited below.
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`20.
`
`In my opinion, the field of art pertinent to the ‘641 patent includes
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`digitally stored content and delivery systems and methods for such content (see ‘641
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`Patent (Ex. 1401) at 1:19-24 (“Field of the Disclosure”)), and a person of ordinary
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`skill in the art relating to the technology of the ‘641 patent at the time at which the
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`
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`-8-
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`Samsung Ex. 1424 p. 11
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`

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`earliest patent application to which the ‘641 patent claims priority was filed (March 28,
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`2000) would have had a Bachelor’s degree in Electrical Engineering or Computer
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`Science, or an equivalent field, and approximately 1-2 years of experience in working
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`with client/server architectures, Internet transmission protocols, wireless transmission
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`protocols, Internet browser programming, and streaming media transmission.
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`21.
`
`In 2000, I would have exceeded the level of skill required by the above
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`definition, and I am in a position to opine on the understanding of a person of
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`ordinary skill in the art as of that date.
`
`III. THE ‘641 PATENT
`A. Overview of the ‘641 Patent
`
`22. The ‘641 patent discusses a “System and method for managing media.”
`
`The supposed invention of the ‘641 patent is described as allowing users to select
`
`multimedia content that is available on the Internet, such as “on-line radio stations,
`
`on-line broadcasts, [or] streaming audio” and deliver that content to a PC or portable
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`audio player. Ex. 1401 at 3:57-4:1. According to the ‘641 patent, available audio
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`content may be accessed via links in a Web browser. See, e.g., id. at 8:22-25, 11:3-14.
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`Audio content may be transmitted to an electronic device via high-speed
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`communication until enough information has been communicated and buffered into a
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`memory. Upon communication of a certain percentage of the selected audio
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`information, slower communication rates may then be used to communicate
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`additional selected audio information. See id. at 7:7-17.
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`
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`-9-
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`Samsung Ex. 1424 p. 12
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`

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`23. The ‘641 patent also discusses the ability to communicate audio
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`information from a portable electronic device to a second device. For example, the
`
`‘641 patent states:
`
`In yet another embodiment, electronic device 300 may be configured as
`a component operable to receive selective information via wireless
`communication and communicate the information to a second electronic
`device such as an automobile sound system, home stereo, etc.
`For example, electronic device 300 may utilize transceiver 301 to receive
`wirelessly communicated information. Electronic device 300 may then
`be coupled to an automobile sound system using an interface and
`communicate the received information to the automobile sound system.
`In this manner, electronic device 300 may be used to provide the
`automobile sound system with audio files received via wireless
`communication. Id. at 9:31-43.
`24. The ‘641 patent further discloses in two places that “Bluetooth” may be
`
`used to communicate audio information. First, the ‘641 patent states “In some
`
`embodiments, the wireless communication may involve communicating via a high-
`
`speed, low power microwave wireless link. For example, the wireless link may include
`
`a Bluetooth link, which may operate around 2.4 GHz.” Ex. 1401 at 2:39-43. The
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`‘641 patent also states that “In another embodiment, electronic device 300 may be
`
`operable to communicate the received audio information to an audio system via a
`
`localized communications-signaling network. One such network may include utilizing
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`‘Bluetooth’ communication standard, used to provide communication between
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`
`
`-10-
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`Samsung Ex. 1424 p. 13
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`

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`electronic devices in a proximal setting.” Ex. 1401 at 9:44-49. The ‘641 patent does
`
`not disclose the use of Bluetooth with an asynchronous channel.
`
`25. The only disclosure of “asynchronous” in the ‘641 patent specification is
`
`found in column 6, which states “The present invention may allow for a relative
`
`increase in transmission speed by removing the requirement that information be
`
`communicated asynchronously to an electronic device. For example, conventional
`
`wireless communication utilizes a specified frequency to communicate information in
`
`two directions (i.e., cellular phones). As such, information is communicated across a
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`channel in an asynchronous manner to provide a continuous audio signal to the
`
`recipient. The present invention advantageously allows for signals to be transmitted to
`
`an electronic device in a less than asynchronous manner. For example, if a user
`
`selected a song to be wirelessly communicated to an electronic device, system 100
`
`could communicate the information in a less than asynchronous manner allowing the
`
`selected information to be transmitted efficiently thereby decreasing the overall
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`download time for the selected audio information.” Ex. 1401 at 6:31-47.
`
`B.
`
`26.
`
`Claim Construction of ‘641 Patent Claims
`
`I have been informed that for purposes of this Inter Partes Review, the
`
`standard for claim construction of terms within the claims of the patent is the
`
`“broadest reasonable construction” in light of the specification, which is a different
`
`claim construction standard than what applies in federal district court litigation.
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`
`
`-11-
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`Samsung Ex. 1424 p. 14
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`

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`27.
`
`I have been asked for purposes of this declaration to assume that the
`
`following terms have the meanings listed below:
`
` “stream” (claim 1) means “transfer in a continuous stream”
`
` “streaming audio signal” (claim 8) means “audio signal that is transferred in a
`
`continuous stream”
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` “[wireless] communication rate” (claims 6, 7) means “speed at which data is
`
`[wirelessly] transmitted”
`
`28.
`
`I understand that in IPR2014-01181, IPR2014-01182, and IPR2014-
`
`01184, the Board construed the term “streaming audio signal” (claim 8) to mean
`
`“audio signal that is transferred in a continuous stream” as indicated above. Ex. 1421
`
`at 7-8; Ex. 1422 at 7-8; Ex. 1423 at 6-7. This is consistent with my understanding of
`
`the meaning of “stream” and “streaming audio signal” as used in my expert reports in
`
`IPR2014-01181, IPR2014-01182, and IPR2014-01184, where I was asked to assume
`
`“stream” means “transfer as a flow of data” and “streaming audio signal” means
`
`“audio signal transferred as a flow of data.” For all terms not specifically listed above,
`
`I have been asked to assume that they have their plain and ordinary meaning under
`
`the broadest reasonable interpretation in light of the specification.
`
`IV. ANALYSIS OF THE ‘641 PATENT
`
`29.
`
`I have considered claims 1-3 and 5-10 of the ‘641 patent, which read as
`
`follows:
`
`1. A music enabled communication system, comprising:
`
`
`
`-12-
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`Samsung Ex. 1424 p. 15
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`

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`[1.A] a wireless telephone device, the device having
`[1.B] (1) a display at least partially defining a front surface of the device,
`(2) a housing component at least partially defining a back surface of the
`device, (3) an enclosure located between the front surface and the back
`surface,
`[1.C] (4) a wireless communication module located within the enclosure,
`[1.D] (5) a rechargeable power supply located within the enclosure,
`[1.E] (6) a physical interface having a first and a second conductive path,
`the physical interface operable to communicate data via the first
`conductive path and to receive a recharging power for the rechargeable
`power supply via the second conductive path, and
`[1.F] (7) a memory system, located within the enclosure; and
`[1.G] a collection of instructions stored in the memory system, the
`collection of instructions operable when executed to communicate a
`collection of information about media content available from the
`wireless telephone device to a recipient device such that the recipient
`device can use the collection of information to generate a graphical
`menu comprising a selectable menu item associated with the available
`media content,
`[1.H] to utilize the wireless communication module to stream a signal
`representing at least a portion of a song to the recipient device using a
`given asynchronous wireless channel of a localized communications
`signaling network,
`[1.I] to recognize receipt of an incoming telephone call, and to alter an
`outputting of the signal in connection with recognizing receipt of the
`incoming telephone call.
`
`
`
`
`
`-13-
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`Samsung Ex. 1424 p. 16
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`

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`2. The system of claim 1, wherein the wireless communication module is
`compliant with a Bluetooth standard.
`
`3. The system of claim 2, further comprising
`[3.A] an email client operable to communicate with an email server,
`[3.B] a voicemail client operable to communicate with a voice mail
`server, and
`[3.C] a browser operable to communicate with an Internet server.
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`5. The system of claim 2, wherein the collection of instructions
`comprises a set of hands-free telephone instructions operable when
`executed to allow the wireless telephone device to operate in a hands-
`free mode when the wireless telephone device is wirelessly coupled with
`a wireless component of an automobile.
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`6. The system of claim 1, wherein
`[6.A] the display makes up more than half of the front surface and
`[6.B] the wireless telephone device is operable to receive a collection of
`data representing a media at a hybrid of wireless communication rates
`that includes at least one faster rate and one slower rate.
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`7. The system of claim 1, further comprising
`[7.A] a buffer memory located within the enclosure,
`[7.B] wherein the wireless telephone device is operable to receive media
`content as a series of component parts, further wherein the wireless
`telephone device is operable to receive a component part of the media
`content at a wireless communication rate and a different component part
`of the media content at a different wireless communication rate, wherein
`the wireless telephone device is operable to cause a change in
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`communication rates at which a given component part is received based
`at least partially upon an amount of data located in the buffer memory.
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`8. A system for wirelessly communicating musical content, comprising:
`[8.A] a portable electronic device having a processor operable to play an
`audio file that represents a song;
`[8.B] a memory communicatively coupled to the processor and
`configured to store a plurality of audio files; and
`[8.C] a wireless communication module communicatively coupled to the
`processor and operable to communicate a streaming audio signal that
`represents a playing of the song to a recipient device via a localized
`communications signaling network in response to a selection of a
`selectable menu item presented on a recipient device display,
`[8.D] wherein the wireless communication module is compliant with a
`Bluetooth standard,
`[8.E] further wherein the wireless communication module is configured
`to communicate at least a portion of the streaming audio signal to the
`recipient device using an asynchronous channel.
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`9. The system of claim 8, wherein
`[9.A] the portable electronic device is operable as a wireless telephone
`device and has
`[9.B] (1) a display at least partially defining a front surface of the device,
`(2) a housing component at least partially defining a back surface of the
`device, (3) an enclosure located between the front surface and the back
`surface,
`[9.C] (4) a rechargeable power supply located within the enclosure, and
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`[9.D] (5) a non-circular physical interface having a first and a second
`conductive path, the non-circular physical
`interface operable to
`communicate data via the first conductive path and to receive a
`recharging power for the rechargeable power supply via the second
`conductive path.
`
`10. The system of claim 9, wherein the portable electronic device
`comprises a software application, further wherein the portable electronic
`device is configured to accept an upgrade for the software application
`that is communicated to the portable electronic device via a software
`upgrading wireless communication.
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`30.
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`In my opinion, claims 1-3, 5-7, 9, and 10 of the ‘641 patent would have
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`been obvious to a person of ordinary skill in the art as of the filing date of the earliest
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`application listed on the front of the ‘641 patent (i.e., March 28, 2000)1 in view of the
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`following prior art references:
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` Ground 1: Obvious over Ito in view of Haartsen, Ushiroda, and Bork (Claims
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`1, 2, 5, 9)
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`
`1
`At various points in this declaration I refer to my opinions about the
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`knowledge or understanding of a person of ordinary skill in the art. All of these
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`opinions should be understood to refer to the knowledge or understanding of a
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`person of ordinary skill in the art as of March 28, 2000, unless specifically noted
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`otherwise.
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` Ground 2: Obvious over Ito in view of Haartsen, Nokia, Ushiroda, and Bork
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`(Claims 1-3, 5, 9, 10)
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` Ground 3: Obvious over Ito in view of Haartsen, Rydbeck, Ushiroda, and Bork
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`(Claims 1, 2, 5, 9)
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` Ground 4: Obvious over Ito in view of Haartsen, Nokia, Rydbeck, Ushiroda,
`
`and Bork (Claims 1-3, 5, 9, 10)
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` Ground 5: Obvious over Ito in view of Haartsen, Galensky, Ushiroda, and
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`Bork (Claim 7)
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` Ground 6: Obvious over Ito in view of Haartsen, Nokia, Galensky, Ushiroda,
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`and Bork (Claims 6, 7)
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` Ground 7: Obvious over Ito in view of Haartsen, Rydbeck, Galensky,
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`Ushiroda, and Bork (Claim 7)
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` Ground 8: Obvious over Ito in view of Haartsen, Nokia, Rydbeck, Galensky,
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`Ushiroda, and Bork (Claims 6, 7)
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`A. Ground 1: Obvious over Ito in view of Haartsen, Ushiroda, and
`Bork (Claims 1, 2, 5, 9)
`Ground 2: Obvious over Ito in view of Haartsen, Nokia, Ushiroda,
`and Bork (Claims 1-3, 5, 9, 10)
`Ground 3: Obvious over Ito in view of Haartsen, Rydbeck,
`Ushiroda, and Bork (Claims 1, 2, 5, 9)
`Ground 4: Obvious over Ito in view of Haartsen, Nokia, Rydbeck,
`Ushiroda, and Bork (Claims 1-3, 5, 9, 10)
`Ground 5: Obvious over Ito in view of Haartsen, Galensky,
`Ushiroda, and Bork (Claim 7)
`Ground 6: Obvious over Ito in view of Haartsen, Nokia, Galensky,
`Ushiroda, and Bork (Claims 6, 7)
`Ground 7: