throbber
IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`Seung Jin Kim
`In re Patent of:
`9,807,491 Attorney Docket No.: 39521-0091IP2
`U.S. Patent No.:
`October 31, 2017
`
`Issue Date:
`Appl. Serial No.: 15/625,935
`
`Filing Date:
`June 16, 2017
`
`Title:
`ELECTRONIC DEVICE WITH WIRELESS EARBUD
`
`DECLARATION OF DR. JEREMY COOPERSTOCK
`
`1.
`
`I, Jeremy Cooperstock, of Montreal, Canada, declare that:
`
`
`
`I.
`
`QUALIFICATIONS AND BACKGROUND INFORMATION
`2.
`I am a professor in the Department of Electrical and Computer
`
`Engineering at McGill University. My curriculum vitae is provided as Appendix
`
`A.
`
`3.
`
`I received my B.Sc. in Electrical Engineering from the University of
`
`British Columbia, my M.Sc. in Computer Science from the University of Toronto
`
`in 1992, and my Ph.D. in Electrical and Computer Engineering from the University
`
`of Toronto in 1996.
`
`4.
`
`I am a member of the Centre for Intelligent Machines, and a founding
`
`member of the Centre for Interdisciplinary Research in Music Media and
`
`Technology at McGill University. I also direct the Shared Reality Lab at McGill,
`
`which focuses on computer mediation to facilitate high-fidelity human
`
`communication and the synthesis of perceptually engaging, multimodal, immersive
`
`1
`
`APPLE 1050
`
`

`

`environments. I led the development of the Intelligent Classroom, the world's first
`
`Internet streaming demonstrations of Dolby Digital 5.1, multiple simultaneous
`
`streams of uncompressed high-definition video, a high-fidelity orchestra rehearsal
`
`simulator, a simulation environment that renders graphic, audio, and vibrotactile
`
`effects in response to footsteps, and a mobile game treatment for amblyopia.
`
`5. My work on the Ultra-Videoconferencing system was recognized by
`
`an award for Most Innovative Use of New Technology from ACM/IEEE
`
`Supercomputing and a Distinction Award from the Audio Engineering Society.
`
`The research I supervised on the Autour project earned the Hochhausen Research
`
`Award from the Canadian National Institute for the Blind and an Impact Award
`
`from the Canadian Internet Registry Association, and my Real-Time Emergency
`
`Response project won the Gold Prize (brainstorm round) of the Mozilla Ignite
`
`Challenge.
`
`6.
`
`I have worked with IBM at the Haifa Research Center, Israel, and the
`
`Watson Research Center in Yorktown Heights, New York, the Sony Computer
`
`Science Laboratory in Tokyo, Japan, and was a visiting professor at Bang &
`
`Olufsen, Denmark, where I conducted research on telepresence technologies as
`
`part of the World Opera Project. I led the theme of Enabling Technologies for a
`
`Networks of Centres of Excellence on Graphics, Animation, and New Media
`
`(GRAND) and I am an associate editor of the Journal of the AES.
`
`2
`
`

`

`7.
`
`I have carried out significant research involving network
`
`communication protocols, including wireless communication employing IEEE
`
`802.11 (WiFi) and IEEE 802.15 (Bluetooth). My experience in these areas
`
`includes development of the Adaptive File Distribution Protocol (AFDP, 1995),
`
`analysis of the tradeoffs between bandwidth, power demands, and latency for audio
`
`streaming over WiFi, Bluetooth, and ultra-wideband protocols (2007), and
`
`assessment of the performance and scalability of wireless audio streaming for
`
`applications requiring latency-optimized multimedia streaming (2008). I have led
`
`all aspects of development and experimentation in the Autour project (2009-2016),
`
`for which Bluetooth is typically used as a communication layer for audio between
`
`the user’s smartphone and a wireless headset, or, experimentally, to transmit user
`
`input acquired from a wireless game controller. I am currently leading a research
`
`project (MIMIC), which communicates sensor data between two coupled
`
`smartwatches using Bluetooth for local communication between the smartwatches
`
`and their peered smartphones, and the public Internet between the smartphones. I
`
`am also leading a project that uses both Bluetooth and WiFi communication
`
`between smartphones, a GPU-based physics engine, and a microelectronics
`
`architecture that renders vibrotactile effects on mobile footwear.
`
`8. My experience in academic and practical situations as well as my
`
`hands on experience with wireless communication systems such as Bluetooth
`
`3
`
`

`

`systems provides me with an appreciation of the technology involved with U.S.
`
`Patent No. 9,807,491 (“the ’491 Patent” or APPLE-1001).
`
`9.
`
`I have been retained by Fish & Richardson, P.C., on behalf of Apple
`
`Inc., to offer technical opinions relating to the ’491 Patent, and prior art references
`
`relating to its subject matter. In writing this Declaration, I have considered the
`
`following: my own knowledge and experience, including my teaching and work
`
`experience in the above fields; and my experience of working with others involved
`
`in those fields.
`
`10.
`
`I have reviewed the ’491 Patent and relevant excerpts of the
`
`prosecution history of the ’491 Patent (“the Prosecution History” or APPLE-1002).
`
`Additionally, I have reviewed the following references and materials, in addition to
`
`other materials I cite in my declaration:
`
` U.S. Patent No. 8.401,219 to Hankey et al. (“Hankey” or “APPLE-
`
`1004”)
`
` U.S. Patent No. 8,086,281 to Rabu et al. (“Rabu” or “APPLE-1005”)
`
` U.S. Patent No. 8,078,787 to Lydon et al. (“Lydon” or “APPLE-
`
`1007”)
`
` U.S. Patent No. 8,564,544 to Jobs et al. (“Jobs” or “APPLE-1022”)
`
` U.S. Provisional Patent Application No. 62/142,978 (“the ’978
`
`Provisional” or “APPLE-1049”)
`
`4
`
`

`

` U.S. Patent Publication No. 2016/0357510 to Watson et al. (“Watson-
`
`510” or “APPLE-1051”)
`
` U.S. Provisional Application No. 62/171,338 (“APPLE-1052”)
`
` U.S. Patent Publication No. 2016/0360350 to Watson et al. (“Watson-
`
`350” or “APPLE-1053”)
`
` U.S. Provisional Application No. 62/171,376 (“APPLE-1054”)
`
`Each of the foregoing prior art references are documents, which, to my knowledge,
`
`would have been publicly available prior to the ’491 Patent’s effective priority date
`
`of April 4, 2016 (infra, Section IV.C).
`
`11. Counsel has informed me that I should consider these materials
`
`through the lens of a person having ordinary skill in the art related to the ’491
`
`Patent at the time of the effective priority date of the ’491 Patent, and I have done
`
`so during my review of these materials.
`
`12. Based upon my experience in this area and taking into account the
`
`above references, a person of ordinary skill in the art at the time of the ’491 Patent
`
`(“POSITA”) would have had at least a Bachelor’s Degree in an academic area
`
`emphasizing electrical engineering, computer science, or a similar discipline, and
`
`at least two years of experience in wireless communications across short distance
`
`or local area networks. Superior education could compensate for a deficiency in
`
`work experience, and vice-versa.
`
`5
`
`

`

`13.
`
`I base this characterization of a POSITA in view of my professional,
`
`academic, and personal experiences, including my knowledge of colleagues and
`
`others at the time of the invention of the ’491 Patent on or shortly before the ’491
`
`Patent’s effective priority date. Specifically, my experience working with industry,
`
`undergraduate and post-graduate students, colleagues from academia, and
`
`designers and engineers practicing in industry has allowed me to become directly
`
`and personally familiar with the level of skill of individuals and the general state of
`
`the art. I am familiar with the knowledge of persons of ordinary skill in the art as
`
`of the ’491 Patent’s effective priority date.
`
`14.
`
`I have no financial interest in either party or in the outcome of this
`
`proceeding. I am being compensated for my work as an expert on an hourly basis,
`
`for all tasks involved. My compensation is not dependent on the outcome of these
`
`proceedings or on the content of my opinions.
`
`15. My opinions, as explained below, are based on my education,
`
`experience, and background in the fields discussed above. Unless otherwise stated,
`
`my testimony below refers to the knowledge of a POSITA in the fields as of the
`
`’491 Patent’s effective priority date.
`
`6
`
`

`

`II. OVERVIEW OF CONCLUSIONS FORMED
`16. This Declaration explains the conclusions that I have formed based on
`
`my knowledge and experience and my review of the prior art references listed
`
`above. To summarize, I have concluded that:
`
` Watson-350 in view of Hankey-Rabu renders claim 1 obvious.
`
` Watson-350 in view of Hankey-Rabu and Jobs renders claim 9
`
`obvious.
`
` Watson-350 in view of Hankey-Rabu and Lydon renders claims 1 and
`
`9 obvious.
`
` Watson-510 in view of Hankey-Rabu and Watson-350 renders claim 1
`
`obvious.
`
` Watson-510 in view of Hankey-Rabu, Watson-350, and Jobs renders
`
`claim 9 obvious.
`
` Watson-510 in view of Hankey-Rabu and Lydon renders claims 1 and
`
`9 obvious.
`
`III.
`
`INTERPRETATIONS OF THE ’491 PATENT CLAIMS AT ISSUE
`17.
`I understand that, for purposes of my analysis in this inter partes
`
`review proceeding, the terms appearing in a patent claim should be interpreted
`
`according to their “ordinary and customary meaning of such claim as understood
`
`by one of ordinary skill in the art and the prosecution history pertaining to the
`
`7
`
`

`

`patent.” 37 C.F.R. § 42.100(b). In that regard, I understand that the best indicator
`
`of claim meaning is its usage in the context of the patent specification as
`
`understood by a POSITA. I further understand that the words of the claims should
`
`be given their plain meaning unless that meaning is inconsistent with the patent
`
`specification or the patent’s history of examination before the Patent Office. I also
`
`understand that the words of the claims should be interpreted as they would have
`
`been interpreted by a POSITA at the time of the invention was made (not today).
`
`Because I do not know at what date the invention as claimed was made, if ever, I
`
`have used the effective priority date of the ’491 Patent as the point in time for
`
`claim interpretation purposes. My opinion does not change if the invention date is
`
`earlier.
`
`18.
`
`I have been provided a copy of the Technical Special Master Report
`
`and Recommendation on Claim Construction (APPLE-1056) rendering tentative
`
`constructions for several claim terms in the parallel litigation. I understand that the
`
`parties dispute the meaning of the claim term “wireless pairing.” Petitioner urged
`
`that the term be given its plain and ordinary meaning as understood by one of skill
`
`in the art, which is “establishing a trusted relationship between two devices that
`
`allows them to connect wirelessly.” APPLE-1056, 6. Patent Owner’s proposal
`
`was to read wireless pairing as a wireless connection. Id. The Special Master
`
`8
`
`

`

`rejected Patent Owner’s construction and adopted Apple’s construction, shown
`
`below. APPLE-1056, 17.
`
`Term
`
`Special Master’s Construction
`
`“wirelessly pairing”
`
`“establishing a trusted relationship
`
`“wireless pairing”
`
`between two devices that allows them
`
`to communicate wirelessly”
`
`“wirelessly paired”
`
`“a trusted relationship is established
`
`between two devices that allows them
`
`to communicate wirelessly”
`
`IV. OVERVIEW OF THE ’491 PATENT
`A. Brief Description
`I have reviewed the ’491 Patent, entitled “Electronic Device with
`
`19.
`
`Wireless Earbud.” APPLE-1001, 1:1-3. The ’491 Patent includes 18 claims, of
`
`which claims 1 and 11 are independent. APPLE-1001, 14:19-16:47.
`
`20. The ’491 Patent discloses a personal wireless media station 100 that
`
`“includes a main body 102 and a wireless earbud 104,” as shown in FIG. 1 below.
`
`APPLE-1001, 4:1-4, Abstract. “The main body 102 includes a clip 106, a speaker
`
`108, a light-emitting diode (LED) light indicator 110, a microphone 112, a liquid
`
`crystal display (LCD) screen 114, and a main body connector 116.” Id., 4:5-10.
`
`9
`
`

`

`“The wireless earbud 104 includes an earbud connector 118.” Id., 4:25-27. “[T]he
`
`earbud connector 118 of the wireless earbud 104 is mateable with the main body
`
`connector 116 of the main body 102.” Id., 4:26-37.
`
`main body
`
`speaker
`
`microphone
`
`LCD
`screen
`
`clip
`
`main body connector
`
`earbud connector
`
`wireless
`earbud
`
`
`
`APPLE-1001, FIG. 1
`
`21. The personal wireless media station 100 may operate in two modes of
`
`operation when paired to a user device. In the first mode, “the wireless earbud
`
`[104] is connected to the main body [102]” and “the sound information transmitted
`
`from [a] user device [ ] to the personal wireless media station [100] is played back
`
`through the speaker of the main body [102].” Id., 4:56-5:8; 4:26-37. In the second
`
`mode, “the earbud connector 118 is not connected to the main body connector
`
`116” and “the sound information transmitted from the user device [ ] to the
`
`personal wireless media station [100] is played back through the wireless earbud
`
`10
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`

`

`[104].” Id., 4:26-37; 4:56-5:8. The sound information may even be played back
`
`“when the earbud connector 118 is not connected to the main body connector 116.”
`
`Id.
`
`B.
`Summary of the Prosecution
`22. To allow the claims, the Examiner made an Examiner’s amendment
`
`amending feature 1[e] (“when wireless earbud is plugged into the connection hole,
`
`the wireless earbud is configured to perform wired two-way data communication
`
`with the main body”) and adding features 1[h] (“for initiating battery charging of
`
`the wireless earbud in response to the wireless earbud's plugging into the
`
`connection hole”) and 1[i] (“for turning off the wireless pairing with the
`
`smartphone when the wireless earbud is being charged”) into claim 1. APPLE-
`
`1002, 172.
`
`C. Effective Priority Date of the Claims of the ’491 Patent
`I understand that the ’491 Patent claims the benefit of priority to U.S.
`
`23.
`
`Provisional Application No. 62/142,978 (“the ’978 Provisional”; APPLE-1049).
`
`Based on my analysis of the ’491 Patent claims and the ’978 Provisional,
`
`independent claim 1 and dependent claim 9 are not entitled to the filing date of the
`
`’978 Provisional because claims 1 and 9 do not have written description support in
`
`the ’978 Provisional.
`
`11
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`

`

`24. Claim 1 recites features requiring that the earbud pair and connect
`
`directly with the smartphone. In particular, claim 1 recites “the wireless earbud
`
`has wireless communication capability for wirelessly pairing with a smartphone
`
`and is configured to receive audio data from the smartphone and to play audio
`
`using the audio data from the smartphone when wirelessly paired with the
`
`smartphone,” “initiating the wireless pairing [of the earbud] with the smartphone in
`
`response to pressing of the user input button provided on the main body,” and
`
`“turning off the wireless pairing [of the earbud] with the smartphone when the
`
`wireless earbud is being charged.” Indeed, this feature of a direct connection
`
`between the earbud and the smartphone is expressly recited in every claim found in
`
`the ’491 patent, and many other limitations rely on it, but it was not a feature of the
`
`’978 Provisional.
`
`25.
`
`Instead, the ’978 Provisional describes pairing the smartphone and the
`
`earbuds to the “main body,” such that all communication between the earbud to the
`
`smartphone goes through the “main body” as an intermediary device. There is no
`
`description of the earbud pairing or connecting directly with the smartphone. For
`
`example, the ’978 Provisional discloses that “a personal wireless media station is
`
`in communication with a paired mobile computing device” where “[t]he personal
`
`wireless media station includes a main body, a wireless earbud, a first wireless
`
`module, and a second wireless module.” APPLE-1049, [0002], see also [0048].
`
`12
`
`

`

`“The first wireless module wirelessly communicates with a mobile computing
`
`device that has been paired with the personal wireless media station. The second
`
`wireless module wirelessly communicates with the wireless earbud.” Id., see also
`
`[0005], [0050]-[0052], [0059] (“The wireless earbud 204 may be paired with the
`
`main body 202”), claim 3. Claim 1 of the ’978 Provisional emphasizes the
`
`communication capabilities of the main body, as it recites the “main body
`
`comprising ... a first wireless module [and] a second wireless module,” “the first
`
`wireless module configured to wirelessly communicate with a mobile computing
`
`device that has been paired with the personal wireless media station,” and “the
`
`second wireless module configured to wirelessly communicate with the wireless
`
`earbud.” APPLE-1049, claim 1. These portions of the ’978 Provisional describe
`
`the main body pairing with the smartphone through the first wireless module of the
`
`main body, and the main body pairing with the earbud through the second wireless
`
`module of the main body, but does not describe the earbud pairing with the
`
`smartphone to directly communicate with the smartphone.
`
`26. The ’978 Provisional further discloses that “the personal wireless
`
`media station receives audio data from the paired mobile computing device via the
`
`first wireless module,” “the personal wireless media station 200 wirelessly sends
`
`audio data to the wireless earbud 204,” and “[t]he wireless earbud 104 plays back
`
`sound information received from the main body 102 of the personal wireless media
`
`13
`
`

`

`station 100.” APPLE-1049, [0003], [0032], [0021], see also [0004], [0023],
`
`[0027]-[0033]. In other words, the main body of the personal wireless media
`
`station is described as a relay between the earbud and smartphone, such that audio
`
`data is always transmitted through the main body to the earbud from the
`
`smartphone. Id., [0041] (“the personal wireless media station 100 may further
`
`relay the sound information to the wireless earbud 104”), [0044] (“The audio data
`
`transmitted from the user device 206 to the main body 202 may further be
`
`transmitted and played via the wireless earbud 104.”), claim 1. Paragraphs 40 and
`
`41 describe receiving a phone call at the mobile device 206, which causes
`
`information (such as caller ID) to be transmitted to the personal wireless media
`
`station 100. APPLE-1049, [0040]-[0041]. If the user accepts the incoming
`
`telephone call by pressing a function button, the mobile device 206 transmits sound
`
`information to the personal wireless media station 100, which in turn transmits
`
`voice information captured by microphone 112 on the main body 102 back to the
`
`mobile device 206. Id., [0041]. “If the wireless earbud 104 is not connected to the
`
`main body 102, the personal wireless media station 100 may further relay the
`
`sound information to the wireless earbud 104 to be played via the wireless earbud
`
`104.” Id. These portions of the ’978 Provisional describe the main body acting as
`
`an intermediary that relays information received from the smartphone to the
`
`14
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`

`

`earbud, and there is no disclosure of the earbud pairing with the smartphone to
`
`directly communicate with the smartphone.
`
`27. Other portions of the’978 Provisional disclose a mobile application
`
`monitoring “the Bluetooth pairing with the personal wireless media station” and a
`
`mobile phone transmitting information “to the personal wireless media station 100
`
`when the mobile device 206 is paired with the personal wireless media station
`
`100.” APPLE-1049, [0048]. An Additional Features section discloses “[n]ew
`
`earbud pairing in case of earbud lost (Earbud can be sold separately) – By using
`
`App (i.e. input earbud serial # for pairing).” APPLE-1049, p. 18. These portions
`
`disclose that the earbud pairs to the main body and the main body pairs to the
`
`smartphone, but not that the earbud is paired to the smartphone. These two fail to
`
`adequately provide written description support for the earbud pairing with the
`
`smartphone to directly communicate with the smartphone. The Background
`
`section also does not disclose a connection between the earbud and the
`
`smartphone. It states: “A user may want to keep his smart phone in his pocket
`
`while he is having a phone call or listening to music. In such a case the user can
`
`establish a pairing between his smart phone and his headset.” APPLE-1049,
`
`[0001]. This discussion of the known prior art does not teach or suggest anything
`
`about the patentee’s invention, which is proclaimed as an improvement over the
`
`prior art, and is said throughout the specification to require an intermediate device
`
`15
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`

`

`to relay the signal between the smartphone and the earbud. No other disclosure in
`
`the specification teaches a direct connection between the earbud and smartphone,
`
`and references to secondary functions such as “Device Finder” or volume control
`
`through the “Pinn Mobile App” can be carried out through the intermediate relay
`
`system expressly disclosed.
`
`28. Claim limitation 1[g] that requires pressing a button to initiate pairing
`
`between the smartphone and the earbud are also unsupported by the ’978
`
`Provisional. The ’978 Provisional fails to disclose “initiating the wireless pairing
`
`[of the earbud] with the smartphone in response to pressing of the user input button
`
`provided on the main body.” The ’978 Provisional describes various “buttons” in
`
`[0022], [0033], [0037]-[0039], [0041], [0046], [0049], [0058], and in the
`
`“Additional Features” section (APPLE-1049, pages 16-20), but these buttons are
`
`not used for pairing devices. The ’978 Provisional also describes a “function
`
`button” that “if the user presses the function button..., the processor 306 initiates a
`
`Bluetooth pairing between the personal wireless media station 300 and the user
`
`device 206.” APPLE-1049, [0055]. However, the Bluetooth pairing the function
`
`button initiates is a pairing between the main body and the smartphone, not
`
`between the earbud and the smartphone. APPLE-1049, [0002], [0005], [0048],
`
`[0050]-[0052], [0059], claim 1, claim 3.
`
`16
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`

`

`29. Moreover, as to claim limitation 1[i], the ’978 Provisional fails to
`
`disclose “the at least one processor of the main body is configured to execute
`
`computer program instructions stored in the at least one memory... for turning off
`
`the wireless pairing [of the earbud] with the smartphone when the wireless earbud
`
`is being charged.” APPLE-1050, ¶29. The ’978 Provisional discloses that “[w]hen
`
`the wireless earbud 104 is plugged into the main body 102 for charging, the
`
`wireless communication between the main body 102 of the personal wireless
`
`media station 100 and the wireless earbud 104 may be turned off.” APPLE-1049,
`
`[0043]. In the Additional Features section, the ’978 Provisional discloses
`
`“Automatic Bluetooth on/off – Off when charging.” APPLE-1049, pgs. 16-17, 19.
`
`The specification is describing turning off wireless (or “Bluetooth”)
`
`communication between the main body and the smartphone and turning off
`
`wireless communication between the main body and the earbud. However, the
`
`specification does not describe a processor of the main body performing the step of
`
`turning off wireless communication or wireless pairing between the earbud and the
`
`smartphone. APPLE-1049, [0002], [0005], [0048], [0050]-[0052], [0059], claim 1,
`
`claim 3; APPLE-1050, ¶29. Importantly, claim limitation 1[i] requires a processor
`
`of the main body be configured to turn off the wireless pairing. The ’978
`
`Provisional fails to disclose that at least one processor of the main body is
`
`configured to perform both actions: (1) turning off wireless pairing between the
`
`17
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`

`

`main body and the smartphone and (2) turning off wireless pairing between the
`
`main body and the earbud, as opposed to the processor of the smartphone or the
`
`processor of the earbud performing one or both of these actions. I understand that
`
`the parties dispute the meaning of “wireless pairing” (see Section III, supra). This
`
`limitation is not disclosed in the ’978 Provisional under either construction.
`
`30. Consequently, the ’978 Provisional does not expressly or inherently
`
`disclose each and every element of claims 1 and 9.
`
`V. THE PRIOR ART RENDERS THE CHALLENGED CLAIMS
`OBVIOUS
`31.
`I have been provided excerpts of a rebuttal report submitted in the
`
`parallel litigation on September 8, 2020 by Patent Owner’s expert, Dr. Scott M.
`
`Nettles (APPLE-1058). The report concerns the validity of the ’491 patent. In his
`
`rebuttal report, Dr. Nettles contests only a single limitation of claim 1 of the ’491
`
`patent (and none of the limitations of claim 9) for Watson-510, as shown in Dr.
`
`Nettles’ summary table below:
`
`18
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`

`

`
`
`APPLE-1058, 61. As shown in the summary table, Dr. Nettles contests claim
`
`limitation 1[i] of the ’491 Patent, which recites “for turning off the wireless pairing
`
`with the smartphone when the wireless earbud is being charged.” In Dr. Nettles’
`
`report, “Watson I” refers to the Watson-510 reference, and “Wells” refers to
`
`Petitioner’s invalidity expert, Dr. Jonathan Wells. APPLE-1058, 5, 2.
`
`32. Dr. Nettles made the same concession concerning Watson-350 (or
`
`“Watson II”) and claim 1 of the ’491 patent, but also argued that claim limitation
`
`9[b] is not disclosed by Watson-350, as shown in the summary table below:
`
`
`
`1 The page numbers refer to pages of the pdf document.
`
`19
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`

`
`
`APPLE-1058, 11-12.
`
`33. Accordingly, Dr. Nettles and Patent Owner acknowledge that Watson-
`
`510 and Watson-350 disclose nearly every limitation of claims 1 and 9 of the ’491
`
`Patent. I understand that Patent Owner accuses Petitioner’s AirPods products
`
`(below left) of infringement. See APPLE-1057. Watson-510 and Watson-350
`
`include figures (below right) and associated description similar to the AirPods
`
`products.
`
`20
`
`

`

`
`
`
`
`AirPods case, APPLE-1057, 4
`
`APPLE-1053, APPLE-1054, FIG. 1A
`
`
`
`
`
`AirPods earbud, APPLE-1057, 27
`
`APPLE-1053, APPLE-1054, FIG. 1B
`
`A. Overview of Watson-350 (APPLE-1053)
`34. Watson-350 describes “wireless ear buds and a wireless ear bud case
`
`that facilitates managing the wireless ear buds.” APPLE-1053, [0019]; APPLE-
`
`1054, [0018]. The case houses the ear buds and connects the ear buds to each
`
`21
`
`

`

`other while housed in the case. APPLE-1053, [0022]; APPLE-1054, [0021]. The
`
`case includes a battery for charging the ear buds and a charging interface for
`
`connecting the battery to a power source. APPLE-1053, [0025]; APPLE-1054,
`
`[0024]. The case also includes a processor and memory. APPLE-1053, [0023];
`
`APPLE-1054, [0022]. The case’s processor executes instructions stored in the
`
`memory to enable an ear bud to become discoverable to the smartphone. APPLE-
`
`1053, [0020]; APPLE-1054, [0019].
`
`35. When the ear buds are contained within the case and a user presses a
`
`button on the case, the case enables a discovery mode on an ear bud for pairing via
`
`Bluetooth with a communication device such as a smartphone. APPLE-1053,
`
`[0021], [0026], [0028]-[0029]; APPLE-1054, [0020], [0025], [0027]-[0028]. The
`
`ear bud remains in discovery mode until one of a number of conditions occur, e.g.,
`
`the smartphone pairs with the ear bud. APPLE-1053, [0026]; APPLE-1054,
`
`[0025]. During the pairing process, the case can cause the ear buds to update
`
`firmware, and to disconnect from any existing connections and erase user
`
`connection data for pairing with communication devices that occurred before the
`
`current pairing process. APPLE-1053, [0009], [0030], [0047]-[0048], [0053],
`
`[0067]-[0068]; APPLE-1054, [0008], [0029], [0045]-[0046], [0051]. After the ear
`
`bud is paired and connected with the smartphone, the ear bud can receive signals
`
`including audio data from the smartphone, convert the signals into audible sound,
`
`22
`
`

`

`and share the audio data with the other ear bud. APPLE-1053, [0026]-[0028],
`
`[0040], [0050]; APPLE-1054, [0025]-[0027], [0039], [0048].
`
`36. Watson-350 claims the benefit of the filing date of its provisional
`
`application, and the following claim chart offers examples of supporting disclosure
`
`from within the Watson-350 provisional application for at least one claim in
`
`Watson-350.
`
`Watson-350 Published Claim 1
`(Ex-1053)
`1 . A method comprising:
`
`determining that a first audio output
`device is not wirelessly
`communicatively coupled to a
`second audio output device;
`detecting a request to wirelessly
`communicatively couple the first
`audio output device and the second
`audio output device together and to
`allow the first audio output device to
`be discoverable by a companion
`communication device;
`causing one or more wireless link
`keys stored on the first audio output
`
`Support in Watson-350’s Provisional
`(Ex-1054)
`See, e.g., [0004], [0008], [0012], [0014],
`[0019], [0027]-[0030], [0046]-[0053],
`FIGS. 2, 4A, 4B
`See, e.g., [0006], [0031], [0041], [0044],
`[0048], [0052], FIG. 4A (step 402), FIG.
`4B (steps 452, 454)
`
`See, e.g., [0005], [0007]-[0008], [0014],
`[0019]-[0020], [0024], [0027]-[0029],
`[0045]-[0046], [0048], [0050], [0052]-
`[0053], FIG. 2 (steps 210, 230, 245), FIG.
`4A (steps 410, 414, 426), FIG. 4B (step
`456, 458)
`
`See, e.g., [0004]-[0005], [0007]-[0008],
`[0015], [0018], [0029], [0041], [0045]-
`
`23
`
`

`

`device and the second audio output
`device to be erased; and
`wirelessly communicatively
`coupling the first audio output
`device with the second audio output
`device.
`
`[0046], [0051]-[0053], FIG. 2 (step 250),
`FIG. 4A (step 420), FIG. 4B (step 460)
`See, e.g., [0008], [0019], [0012], [0030],
`[0051]-[0053], FIG. 2 (steps 260, 265),
`FIG. 4A (step 430), FIG. 4B (step 462,
`464)
`
`B. Overview of Watson-510 (APPLE-1051)
`37. Watson-510 describes “wearable devices that can pair with a
`
`companion communication device.” APPLE-1051, [0017]; APPLE-1052, [0016].
`
`The wearable devices include a “primary wireless ear bud” that performs “actions
`
`including: (i) pairing with a companion communication device, (ii) receiving audio
`
`data from the companion communication device, (iii) routing audio data to the
`
`secondary wireless ear bud, (iv) receiving in-ear status information from the
`
`secondary wireless ear bud, and (v) sending, to the companion communication
`
`device, data regarding the in-ear status of the primary wireless ear bud and/or of
`
`the secondary wireless ear bud.” APPLE-1051, [0022]; APPLE-1052, [0021]. The
`
`companion communication device includes a smartphone. APPLE-1051, [0023],
`
`[0026]; APPLE-1052, [0022], [0025].
`
`38. Watson-510 also describes a wireless ear bud case that houses a pair
`
`of wireless ear buds and includes a battery for charging the ear buds. APPLE-
`
`1051, [0046]; APPLE-1052, [0045]. The case includes a battery for re-charging
`
`24
`
`

`

`the ear buds and “an input 460, such as a depressible button, to receive manual
`
`input to cause the wireless ear buds 405, 410 in the wireless ear bud case 400... to
`
`become discoverable” to the smartphone so that the ear buds can wirelessly pair
`
`with the smartphone. APPLE-1051, [0047]; APPLE-1052, [0046]. After the ear
`
`buds are paired and connected with the smartphone, the smartphone sends audio
`
`data from a phone call, media application, or text-to-speech software to the ear
`
`buds. APPLE-1051, [0007]-[0008], [0017], [0020], [0022], [0026], [0031],
`
`[0034]-[0035], [0037]-[0038], [0040], [0043], [0049]; APPLE-1052, [0006]-
`
`[0007], [0016], [0019], [0021], [0025], [0030], [0033]-[0034], [0036]-[0037],
`
`[0039], [0042], [0048]. Each ear bud includes an audio output for converting the
`
`signal received from the smartphone into sound that is played through the speaker
`
`of the ear bud. APPLE-1051, [0021], [0025], [0054]; APPLE-1052, [0020],
`
`[0024].
`
`39. Watson-510 claims the benefit of the filing date of its provisional
`
`application, and the following claim chart offers examples of supporting disclosure
`
`from within the Watson-510 provisional application for at least one claim in
`
`Watson-510.
`
`Watson-510 Published Claim 1
`(Ex-1051)
`1. A method comprising: by a
`companion communication device:
`
`Support in Watson-510 Provisional
`(Ex-1052)
`See, e.g., [0005]-[0007], [0011],
`[0016], [0018], [0023]-[0025], [0030]-
`
`25
`
`

`

`determining, based on a first signal
`received from a wireless ear bud, a first
`wearing status indicating
`whether a user is wearing the wireless
`ear bud;
`sending audio information of the
`companion communication device to a
`first output based on the first wearing
`status;
`detecting, based on a second signal
`received from the wireless ear bud, a
`change in wearing status of the
`wireless ear

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