`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`In re Patent of: Michael J. Koss
`U.S. Patent No.:
`10,506,325 Attorney Docket No.: 50095-0022IP1
`Issue Date:
`December 10, 2019
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`Appl. Serial No.: 16/528,703
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`Filing Date:
`August 1, 2019
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`Title:
`SYSTEM WITH WIRELESS EARPHONES
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`DECLARATION OF DR. JEREMY COOPERSTOCK
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`Declaration of Dr. Jeremy Cooperstock
`U.S. Patent No. 10,506,325
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`TABLE OF CONTENTS
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`I.
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`INTRODUCTION ......................................................................................... 1
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`II. QUALIFICATIONS ..................................................................................... 2
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`III. BACKGROUND ........................................................................................... 4
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`IV. SUMMARY OF MY OPINIONS ................................................................ 6
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`V. OVERVIEW OF THE ’325 PATENT ........................................................ 6
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`A.
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`B.
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`C.
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`D.
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`Brief Description................................................................................... 6
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`Summary Of The Prosecution History................................................ 15
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`Interpretations of Claim Terms ........................................................... 16
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`Person of Ordinary Skill in the Art ..................................................... 17
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`VI. OVERVIEW OF PRIOR ART .................................................................. 18
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`A.
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`The Rosener-Huddart Combination .................................................... 18
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`1. Rosener.......................................................................................... 18
`2. Huddart.......................................................................................... 24
`3. Combination of Rosener and Huddart .......................................... 26
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`B.
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`The Rosener-Huddart-Haupt Combination ......................................... 30
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`1. Haupt ............................................................................................. 30
`2. Combination of Rosener, Huddart, and Haupt .............................. 32
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`C.
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`The Rosener-Huddart-Price Combination .......................................... 35
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`1. Price .............................................................................................. 35
`2. Combination of Rosener, Huddart, and Price ............................... 36
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`D.
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`The Rosener-Huddart-Paulson Combination ...................................... 39
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`1. Paulson .......................................................................................... 39
`2. Combination of Rosener, Huddart, and Paulson ........................... 41
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`E.
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`The Rosener-Huddart-Vanderelli Combination.................................. 41
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`1. Vanderelli ...................................................................................... 41
`2. Combination of Rosener, Huddart, and Vanderelli ....................... 43
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`VII. ANALYSIS OF THE PRIOR ART ........................................................... 43
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`The Rosener-Huddart Combination Makes Claims 1, 2, and 16-18
`A.
`Obvious ......................................................................................................... 43
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`1. Claim 1 .......................................................................................... 43
`2. Claims 2 and 16-18 ....................................................................... 63
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`The Rosener-Huddart-Haupt Combination Makes Claims 3 and 4
`B.
`Obvious ......................................................................................................... 73
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`1. Claims 3 and 4............................................................................... 73
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`The Rosener-Huddart-Price Combination Makes Claims 9, 10, and 14
`C.
`Obvious ......................................................................................................... 77
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`1. Claims 9, 10, and 14...................................................................... 77
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`D.
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`The Rosener-Huddart-Paulson Combination Makes Claim 15 Obvious
`82
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`1. Claim 15 ........................................................................................ 82
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`The Rosener-Huddart-Vanderelli Combination Makes Claims 16 and
`E.
`17 Obvious .................................................................................................... 84
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`1. Claims 16 and 17........................................................................... 84
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`VIII. LEGAL PRINCIPLES ............................................................................... 86
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`A.
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`Perspective of One of Ordinary Skill in the Art ................................. 86
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`B. Anticipation ........................................................................................ 86
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`C. Obviousness ........................................................................................ 87
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`ADDITIONAL REMARKS.................................................................................. 89
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`Declaration of Dr. Jeremy Cooperstock
`U.S. Patent No. 10,506,325
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`1.
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`I.
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`2.
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`I, Jeremy Cooperstock, of Montreal, Canada, declare that:
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`INTRODUCTION
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`I have been retained by Fish & Richardson, P.C., on behalf of Apple
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`Inc. (“Petitioner”), as an independent expert consultant in this inter partes review
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`(“IPR”) proceeding before the United States Patent and Trademark Office
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`(“PTO”).
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`3.
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`I have been asked by Petitioner’s counsel (“Counsel”) to consider
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`whether certain references teach or suggest the features recited in Claims 1-4, 9,
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`10, 14-18 of U.S. Patent No. 10,506,325 (“the ’325 patent”) (APPLE-1001). My
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`opinions and the bases for my opinions are set forth below. My opinions are based
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`on my education and experience.
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`4.
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`In writing this Declaration, I have considered the following: my own
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`knowledge and experience, including my teaching and work experience in the
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`above fields; and my experience of working with others involved in those fields.
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`5.
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`I have no financial interest in either party or in the outcome of this
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`proceeding. I am being compensated for my work as an expert on an hourly basis,
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`for all tasks involved. My compensation is not dependent on the outcome of these
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`proceedings or on the content of my opinions.
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`II. QUALIFICATIONS
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`6.
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`I am a professor in the Department of Electrical and Computer
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`Engineering at McGill University. My curriculum vitae is provided as Appendix
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`A.
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`7.
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`I received my B.Sc. in Electrical Engineering from the University of
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`British Columbia, my M.Sc. in Computer Science from the University of Toronto
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`in 1992, and my Ph.D. in Electrical and Computer Engineering from the University
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`of Toronto in 1996.
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`8.
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`I am a member of the Centre for Intelligent Machines, and a founding
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`member of the Centre for Interdisciplinary Research in Music Media and
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`Technology at McGill University. I also direct the Shared Reality Lab at McGill,
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`which focuses on computer mediation to facilitate high-fidelity human
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`communication and the synthesis of perceptually engaging, multimodal, immersive
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`environments. I led the development of the Intelligent Classroom, the world's first
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`Internet streaming demonstrations of Dolby Digital 5.1, multiple simultaneous
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`streams of uncompressed high-definition video, a high-fidelity orchestra rehearsal
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`simulator, a simulation environment that renders graphic, audio, and vibrotactile
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`effects in response to footsteps, and a mobile game treatment for amblyopia.
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`9. My work on the Ultra-Videoconferencing system was recognized by
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`an award for Most Innovative Use of New Technology from ACM/IEEE
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`Supercomputing and a Distinction Award from the Audio Engineering Society.
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`The research I supervised on the Autour project earned the Hochhausen Research
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`Award from the Canadian National Institute for the Blind and an Impact Award
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`from the Canadian Internet Registry Association, and my Real-Time Emergency
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`Response project won the Gold Prize (brainstorm round) of the Mozilla Ignite
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`Challenge.
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`10.
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`I have worked with IBM at the Haifa Research Center, Israel, and the
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`Watson Research Center in Yorktown Heights, New York, the Sony Computer
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`Science Laboratory in Tokyo, Japan, and was a visiting professor at Bang &
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`Olufsen, Denmark, where I conducted research on telepresence technologies as
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`part of the World Opera Project. I led the theme of Enabling Technologies for a
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`Networks of Centres of Excellence on Graphics, Animation, and New Media
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`(GRAND) and I am an associate editor of the Journal of the AES.
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`11.
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`I have carried out significant research involving network
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`communication protocols, including wireless communication employing IEEE
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`802.11 (WiFi) and IEEE 802.15 (Bluetooth). My experience in these areas
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`includes development of the Adaptive File Distribution Protocol (AFDP, 1995),
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`analysis of the tradeoffs between bandwidth, power demands, and latency for audio
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`streaming over WiFi, Bluetooth, and ultra-wideband protocols (2007), and
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`assessment of the performance and scalability of wireless audio streaming for
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`applications requiring latency-optimized multimedia streaming (2008). I have led
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`all aspects of development and experimentation in the Autour project (2009-2016),
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`for which Bluetooth is typically used as a communication layer for audio between
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`the user’s smartphone and a wireless headset, or, experimentally, to transmit user
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`input acquired from a wireless game controller. I am currently leading a research
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`project (MIMIC), which communicates sensor data between two coupled
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`smartwatches using Bluetooth for local communication between the smartwatches
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`and their peered smartphones, and the public Internet between the smartphones. I
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`am also leading a project that uses both Bluetooth and WiFi communication
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`between smartphones, a GPU-based physics engine, and a microelectronics
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`architecture that renders vibrotactile effects on mobile footwear.
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`12. My experience in academic and practical situations as well as my
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`hands on experience with wireless communication systems such as Bluetooth
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`systems provides me with an appreciation of the technology involved with U.S.
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`Patent No. 10,506,325 (“the ’325 patent” or APPLE-1001).
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`III. BACKGROUND
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`13.
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`I have reviewed the ’325 patent and relevant excerpts of the
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`prosecution history of the ’325 patent (“the Prosecution History” or APPLE-1002).
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`The ’325 patent claims priority through a string of applications that includes U.S.
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`provisional application 61/123,265 filed on April 7, 2008. See APPLE-1001, Face.
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`While I am not opining on whether the ’325 patent is entitled to this priority date,
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`for purposes of this declaration and to review and apply prior art references only, I
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`am using April 7, 2008 as the purported priority date (“Critical Date”).
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`14.
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`I have reviewed the following references:
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`• U.S. Pat. App. Pub. No. 2008/0076489 (“Rosener”) (APPLE-
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`1004)
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`• U.S. Pat. No. 7,627,289 (“Huddart”) (APPLE-1005)
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`• Certified Translation of WO 2006/042749 (“Haupt”) (APPLE-
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`1006)
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`• U.S. Pat. No. 5,371,454 (“Marek”) (APPLE-1007)
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`• U.S. Pat. App. Pub. No. 2006/0026304 (“Price”) (APPLE-1008)
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`• U.S. Pat. No. 7,551,940 (“Paulson”) (APPLE-1009)
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`• U.S. Pat. No. 7,027,311 (“Vanderelli”) (APPLE-1010)
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`15. Counsel has informed me that I should consider these materials
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`through the lens of a person of ordinary skill in the art (“POSITA,” which is
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`discussed further in Section V.D below) related to the ’325 patent at the time of the
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`earliest purported priority date of the ’325 patent, and I have done so during my
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`review of these materials. Unless otherwise stated, my testimony below refers to
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`the knowledge of a POSITA as of the Critical Date.
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`IV. SUMMARY OF MY OPINIONS
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`16. This Declaration explains the conclusions that I have formed based on
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`my knowledge and experience and my review of the prior art references listed
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`above. To summarize, I have concluded that:
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`• Claims 1, 2, and 16-18 are obvious over Rosener and Huddart
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`• Claims 3 and 4 are obvious over Rosener, Huddart, and Haupt
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`• Claims 9, 10, and 14 are obvious over Rosener, Huddart, and Price
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`• Claim 15 is obvious over Rosener, Huddart, and Paulson
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`• Claims 16 and 17 are obvious over Rosener, Huddart, and Vanderelli
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`V. OVERVIEW OF THE ’325 PATENT
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`17.
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`I have reviewed the ’325 patent, titled “System with Wireless
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`Earphones.” APPLE-1001, 1:1. The ’325 patent includes 18 claims, of which
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`claim 1 is independent. APPLE-1001, 18:5-20:35.
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`A. Brief Description
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`18. The ’325 patent relates to wireless earphones that receive streaming
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`audio data over a network. APPLE-1001, 2:1-23. Figure 3 (reproduced below)
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`shows components of earphone 10. Earphone 10 includes transceiver circuit 100
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`and peripheral components, such as power source 102, microphone 104, one or
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`more acoustic transducers 106, and antenna 108. Id., 6:30-55. Earphone 10 also
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`includes a body housing transceiver circuit 100 and some or all of peripheral
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`components. Id.
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`APPLE-1001, Figure 3
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`19. The ’325 patent describes a wireless data communication system.
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`Figures 1A and 1B (reproduced below) show examples of wireless earphones 10
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`that are inserted into a user’s ear canal. APPLE-1001, 3:16-42.
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`APPLE-1001, Figures 1A and 1B
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`20. Earphone 10 includes body 12 with ear canal portion 14 inserted into
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`a user’s ear canal. APPLE-1001, 3:16-42. Exterior portion 15 of body 12 includes
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`knob 16, which operates as a user control for adjusting shape of ear canal portion
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`14 to assist with positioning within a user’s ear. Id.
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`21. Figure 1C (reproduced below) shows an example with headband 19
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`connecting left and right earphones 10. APPLE-1001, 3:56-4:3.
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`APPLE-1001, Figure 1C
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`22. Earphone 10 includes a transceiver circuit to receive and transmit
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`wireless communication signals separately. Id., 3:56-4:3. An alternative
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`embodiment includes only one earphone 10 with a transceiver circuit and a wire
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`running along headband 19 to connect the transceiver circuit of one earphone to an
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`acoustic transducer of the other earphone. Id. In various embodiments, headband
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`19 can be an over-the-head band (as shown in Figure 1C) or a behind-the-head
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`head band. Id. Earphones 10 can also be on-ear earphones (as shown in FIG. 1C),
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`in-ear, or over-earphone headphones. Id.
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`23. Figures 1D and 1E (reproduced below) show examples in which
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`earphone 10 includes hanger bar 17 to allow earphone 10 to clip to, or hang on, a
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`user’s ear. Id., 4:4-25.
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`APPLE-1001, Figures 1D and 1E
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`24. Earphone 10 includes dual speaker elements 106-A, 106B. Speaker
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`element 106-A sized to be smaller than speaker element 106-B to permit insertion
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`into the cavuum concha of a user’s ear. APPLE-1001, 4:4-25. Hanger bar 17
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`includes a horizontal portion that rests upon an upper external curvature of a user’s
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`ear behind the upper portion of the auricular. Id. Earphone 10 also includes a
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`knurled knob to adjust the distance between the horizontal section of hanger bar 17
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`and speaker elements 106-A, 106-B to increase adjustability. Id.
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`25. The ’325 patent describes a wireless data communication system
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`including earphone 10. Figure 2A (reproduced below) shows one example with
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`data source 20 communicating with earphone 10 via ad hoc wireless network 24.
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`Id., 4:26-42.
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`APPLE-1001, Figure 2A
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`26. Earphone 10 communicates wirelessly with data source 20 using a
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`transceiver circuit with wireless network adapter 22 for wirelessly transmitting
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`digital audio. Id. Data source 20 can be a digital audio player (DAP) (e.g., mp3
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`player, laptop, personal computer). Id. Wireless network adapter 22 can include a
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`wireless network interface card (WNIC) to allow streaming of digital audio files
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`via ad hoc wireless network 24. Id., 4:43-58.
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`27. Figure 2B (reproduced below) shows an example with data source 20
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`communicating with earphone 10 via access point 32.
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`APPLE-1001, Figure 2B
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`28. This example can be used when earphone 10 and data source 20 are
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`out of range for ad hoc wireless network 24. Id., 5:12-29. Access point 32 is
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`connected to wired and/or wireless data communication network 33 to permit
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`communications using a network data protocol (e.g., Wi-Fi protocol) to provide
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`wireless local area network (WLAN) 30. Id., 5:30-52. Figure 2C (reproduced
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`below) shows a configuration with multiple access points 32a-b.
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`29.
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`In this example, data source 20 communicates wirelessly with access
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`point 32b and earphone communicates with access point 32a of the same wireless
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`network 30 using WLAN 30. Id., 5:30-52.
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`30. Figure 2D (reproduced below) shows an example with data source 20
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`communicating with earphone 10 when no common infrastructure wireless
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`network is available.
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`APPLE-1001, Figure 2D
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`31.
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`In this example, earphone 10 communicates with access point 32a for
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`first WLAN 30a in range of earphone 10. Id., 5:53-6:4. Host server 40 is
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`connected to WLAN 30a via electronic data communication network 42, such as
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`the Internet. Id. In one example, host server 40 transmits streaming digital audio
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`via networks 33a, 42 to earphone 10. Id. In another example, host server 40
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`transmits to earphone 10 a network address (e.g., Internet Protocol (IP) address) for
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`streaming digital audio content server 70 on network 42. Id. Earphone 10 can use
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`the IP address to connect to streaming digital audio content server 70 via networks
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`30a, 42 to receive and process digital audio. Id.
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`B.
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`Summary Of The Prosecution History
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`32. The ’325 patent was filed on August 1, 2019, claiming priority
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`through a chain of applications to a provisional application filed on April 7, 2008.
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`See APPLE-1001, 1-2. The examiner initiated a telephonic interview on
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`September 18, 2019 during which the examiner suggested adding the “docking
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`station” limitation from a dependent claim into the independent claim to place the
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`application in condition for allowance. APPLE-1002, 38-39. Applicant authorized
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`the examiner to submit an examiner’s amendment based on the examiner’s
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`proposal, and the examiner issued a Notice of Allowance on October 2, 2019. Id.,
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`32-36. Applicant then filed non-substantive claim amendments under 37 C.F.R. §
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`1.312, and in response, the Examiner issued a Corrected Notice of Allowability on
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`November 4, 2019. Id., 13-21.
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`C.
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`Interpretations of Claim Terms
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`33.
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`I understand that, for purposes of my analysis in this inter partes
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`review proceeding, the terms appearing in a patent claim should be interpreted
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`according to their “ordinary and customary meaning of such claim as understood
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`by one of ordinary skill in the art and the prosecution history pertaining to the
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`patent.” 37 C.F.R. § 42.100(b). In that regard, I understand that the best indicator
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`of claim meaning is its usage in the context of the patent specification as
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`understood by a POSITA. I further understand that the words of the claims should
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`be given their plain meaning unless that meaning is inconsistent with the patent
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`specification or the patent’s history of examination before the Patent Office. I also
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`understand that the words of the claims should be interpreted as they would have
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`been interpreted by a POSITA at the time of the invention was made (not today).
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`Because I do not know at what date the invention as claimed was made, if ever, I
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`have used the Critical Date of the ’325 patent as the point in time for claim
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`interpretation purposes. My opinion does not change if the invention date is
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`earlier.
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`D.
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`Person of Ordinary Skill in the Art
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`34. Based upon my experience in this area and taking into account the
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`above references, a person of ordinary skill in the art at the time of the ’325
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`patent’s Critical Date (“POSITA”) would have had at least a Bachelor's Degree in
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`an academic area emphasizing electrical engineering, computer science, or a
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`similar discipline, and at least two years of experience in wireless communications
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`across short distance or local area networks. Superior education could compensate
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`for a deficiency in work experience, and vice-versa.
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`35.
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`I base this characterization of a POSITA in view of my professional,
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`academic, and personal experiences, including my knowledge of colleagues and
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`others at the time of the invention of the ’325 patent on or shortly before the
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`Critical Date. Specifically, my experience working with industry, undergraduate
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`and post-graduate students, colleagues from academia, and designers and engineers
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`practicing in industry has allowed me to become directly and personally familiar
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`with the level of skill of individuals and the general state of the art. I am familiar
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`with the knowledge of persons of ordinary skill in the art as of the Critical Date.
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`VI. OVERVIEW OF PRIOR ART
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`A. The Rosener-Huddart Combination
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`1.
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`Rosener
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`36. Rosener describes wireless systems with physically and electrically-
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`separated “data sinks.” APPLE-1004, Abstract. The data sinks include a wireless
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`communication device, e.g., radio frequency (RF) receiver or transceiver, allowing
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`communications with an external device, such as a cellular telephone. Id. Rosener
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`describes that data sinks can be “audio data sinks,” and provides various examples
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`such as “left-ear and right-ear earphones (e.g., earbuds or canalphones), left-ear
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`and right-ear circum-aural over-the-ear headphones, stereo speakers, speakers for a
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`surround sound system, etc.”1 Id., ¶[0011]. Figure 5 (reproduced below) shows an
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`example of an embodiment with audio data sinks as left-ear and right-ear
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`earphones.
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`1 Rosener uses the term “data sink” to refer to earphones as well as speakers of
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`those earphones. When citing to Rosener’s disclosure, this analysis clarifies the
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`intended meaning of the term. Earphones include “data sinks” in that they receive,
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`i.e., sink, data over the wireless access links. Speakers inside each earphone are
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`also “data sinks” in that they receive, i.e., sink, data received from receivers of the
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`earphones. APPLE-1004, ¶¶[0011], [0038].
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`APPLE-1004, FIG. 5
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`37. The wireless system shown above is worn by a user 500 and includes
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`“first and second wireless earphones 502, 504.” APPLE-1004, ¶[0030]. Each of
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`earphones 502, 504 includes a respective “housing” containing components, such
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`as “a speaker, an RF receiver or transceiver and a battery.” Id. Rosener also
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`describes that each audio data sink included in a pair of audio data sinks (e.g.,
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`earphones 502, 504) can also include a microphone to “allow [] data to be sent
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`back to an electronic device.” Id., ¶[0056]. Earphones 502, 504 also use “wireless
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`links” to communicate with external or audio devices, e.g., “cellular telephone,
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`PDA, MP3 player, CD player, radio, personal computer, game console, etc.” Id.
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`38. Earphones 502, 504 can be configured to fit in a user’s ear in various
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`ways. As examples, earphones 502, 504 can be an “earbud” that “fit[s] into the
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`concha of the pinna of the user,” a “canalphone” that is “fitted within the ear canal
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`of the user’s ear,” or an “over-the-ear circum-aural type headphone,” or “any other
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`suitable configuration that may be attached to, worn on, or fitted within the user’s
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`ear.” Id. Earphones 502, 504 can also include securing mechanisms, such as a
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`“clip” or an “earloop,” to improve the manner in which earphones 502, 504 are
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`secured to a user’s ear when worn. Id. Figure 4 (which Rosner describes as prior
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`art) shows an example of an earloop 404 that is configured to fit around the outer
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`ear of a user’s ear. Id., ¶[0008].
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`APPLE-1004, Figure 4
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`39. Rosener describes electronic circuitry used to enable data sinks (and
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`earphones) to transmit wireless data signals. Figure 9 (reproduced below) shows
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`an “RF transceiver 900” that may be used in place of distinct RF transmitters and
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`RF receivers to enable wireless connectivity. Id., ¶[0049].
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`APPLE-1004, Figure 9
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`40. Transceiver 900 includes RF transmitter portion 902, RF receiver
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`portion 904, antenna 906, and duplexer 908. APPLE-1004, ¶[0049]. Transceiver
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`900 also includes analog-to-digital (A/D) converter 910, digital-to-analog (D/A)
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`converter 912, baseband processor 914, and signal conditioning circuits 916, 920.
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`Id.
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`41. Rosener also describes wireless systems with earphones capable of
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`receiving separate data streams (or channels) from an external audio device.
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`APPLE-1004, ¶[0031]. Figure 6 (reproduced below) shows a wireless system 600.
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`APPLE-1004, Figure 6
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`42. As shown above, the system 600 includes a data source 618 that sends
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`two different audio streams (CH1 and CH2) to data sinks 602, 606 (which, together
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`with the receivers 604 and 608, can correspond to earphones 502, 5042) through
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`2 As discussed above, the earphones 502 and 504 include “data sinks” in that they
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`receive, i.e., sink, data over the wireless access links. Similarly, the circuitry
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`inside each earphone 502 and 504 represented by data sinks 602 and 606,
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`separate wireless communication links 612 and 616. APPLE-1004, ¶¶[0031]-
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`[0032]. The data source 618 is capable of streaming data to the earphones through
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`Bluetooth communication links. Id., ¶[0035].
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`43. Rosener also provides several methods to synchronize the first and
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`second wireless links 612 and 616 to “compensate for differential latencies
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`between the first and second data streams” to enable stereo playback. APPLE-
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`1004, ¶[0039]. Importantly, these techniques do not require any direct
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`communication from one earphone to the other and each earphone is capable of
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`operating independently from the other. In one method, Rosener includes data
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`buffers in the RF receivers 604, 608 and controls “the buffers so that they maintain
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`a predetermined constant occupancy.” Id. In another method, Rosener embeds
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`into the RF carrier signals that carry the first and second data streams over the
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`wireless links 612 and 616 a sample clock used by the transmitting end of the
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`system 600. Id., ¶[0040]. The receivers 604, 608 use the sample clock to drive
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`their A/D converters. Id. In yet another method, Rosener adjusts the clock signals
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`respectively, are also “data sinks” in that they receive, i.e., sink, data received from
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`receivers 604 and 608, respectively. Data sinks 602 and 606 may be, for example,
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`speakers. APPLE-1004, ¶¶[0011], [0038].
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`used by the receivers’ A/D converters based on the occupancy of the data buffers
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`or a delay determined between the send and receive clocks of the system. Id.,
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`¶¶[0041]-[0042]. “Accordingly, if the occupancy of a data buffer of one of the
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`first and second RF receivers 604, 608 is too low (or the receive clock/sample
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`clock delay is decreasing), the A/D clock is slowed down,” and “if it is determined
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`that the occupancy of the data buffer is too high (or the delay is increasing), the
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`A/D clock is sped up.” Id.
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`2. Huddart
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`44. Huddart describes a wireless stereo system including a headset3
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`component and wireless earbud component. See APPLE-1005. Figure 1 shows an
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`example of a wireless stereo system.
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`3 Huddart and Rosener attribute different meanings to the term “headset.” Huddart
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`uses “headset” to refer to communication devices using an “over-the-ear”
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`configuration without use of a headband, which typically represents a monaural
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`device. APPLE-1005, 1:5-15 (discussing conventional wireless communication
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`headsets), Fig. 6. Rosener, however, uses “headset” to refer to a broader category
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`of communication devices that also includes binaural devices, wired devices, and
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`wireless devices, including canalphone and earbud-type devices. For example,
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`APPLE-1005, Figure 1
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`45. As shown, headset 4 communicates with an electronic device 2 over a
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`wireless communication link 12. APPLE-1005, 2:52-3:6. During a “stereo
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`listening operation,” a wireless earbud 6 is used in conjunction with headset 4
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`through a wireless communication link 18. Id., 3:7-18. In this mode, Huddart
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`describes that the headset 4 and earbud 6 can be used in conjunction for stereo
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`listening from “a cellular telephone 100, digital music player 106,” among other
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`electronic devices. Id., 7:62-8:8.
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`Rosener refers to each of the devices shown in Figures 1A, 1B, 2, 3, 4 and 5 as
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`“headsets.” See APPLE-1004, ¶¶[0002]-[0010], [0030]. Though the term
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`“headset” does not appear in the Challenged Claims, the ’325 patent’s specification
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`uses the term to include devices including earphones and a headband (APPLE-
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`1001, 13:3-23, 15:41-67, Fig. 1C, 9) and devices including two wireless or wired
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`earphones (id., 15:15-40, 16:1-8).
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`46. Huddart describes embodiments in which the wireless stereo system
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`also includes a “charger/carrier” with “a small plastic storage case for storing the
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`headset 4 and the wireless earbud 6 for protection and charging.” Id., 8:25-34.
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`The charger/carrier includes “a battery and charger circuit for charging both the
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`headset battery and wireless earbud battery when inserted into the pocket
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`charger/carrier.” Id. Recognizing that the earbud 6 can be “a relatively smaller
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`capacity battery due to its limited size,” Huddart attributes the advantage of using
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`the charger/carrier as providing “a convenient mechanism” by which the earbud 6
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`can be “recharged in the absence of a primary charger.” Id.
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`3.
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`Combination of Rosener and Huddart
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`47. As explained above, Rosener describes wireless systems in which
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`audio data sinks (e.g., earphones) can wirelessly communicate with external audio
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`devices. APPLE-1004, ¶¶[0011], [0030]. The wireless systems include wireless
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`earphones (e.g., earbuds, canalphones) that are disclosed to address drawbacks of
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`prior art systems. Id. For example, Rosener discusses how “conventional wired
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`binaural headsets” require use of a “headband and/or electrical connection (i.e.,
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`electrical wiring) between the two headphones,” which can be uncomfortable and
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`disruptive. APPLE-1004, ¶[0010]. Likewise, while Rosener recognizes that an
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`“over-the-ear wireless headset” avoids the need for a headband or cabling, this type
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`of device is “monaural” and consequently “incapable of providing high-quality
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`stereo sound to a user.” Id., ¶[0010]. To address these drawbacks, Rosener
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`describes techniques for implementing wireless earphones that are “physically and
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`electrically-separated data sinks” and that are also capable of providing high-
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`quality stereo sound. Id., ¶[0011].
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`48. Rosener is focused on implementing wireless earphones that provide
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`stereo sound while being