Koss Corporation v. Plantronics, Inc. and Polycom, Inc.
`Western District of Texas, No. 6:20-cv-00663-ADA
`
`Exhibit B-4 - Invalidity of ’155 Patent in view of U.S. Patent Appl. Pub. No. 2003/0223604
`
`U.S. Patent Appl. Pub. No. 2003/0223604 (“Nakagawa”). Filed February 6, 2003 and published December 4, 2003.
`
`Nakagawa qualifies as prior art under at least pre-AIA 35 U.S.C. § 102(b). Claims 1–4, 6–9, and 11–14 of the ’155 Patent are invalid as (a)
`obvious over Nakagawa itself or Nakagawa in view of the background knowledge and ordinary creativity of a person having ordinary skill in the
`art at the time the ’155 Patent was invented; and (b) obvious over Nakagawa in view of one or more of the references listed in Appendix A,
`combined as set forth herein.
`
`In addition to the disclosures listed below, Defendants incorporate by reference the teachings and disclosures described in Appendix A.
`
`Claim
`[1(a)] A wireless headphone
`assembly comprising:
`
`U.S. Patent Appl. Pub. No. 2003/0223604 (“Nakagawa”)
`Nakagawa discloses a wireless headphone assembly as demonstrated in the following exemplary disclosures:
`
`“Audio output apparatus having a wireless communication function, and method of controlling
`sound-source switching in the apparatus”
`
`Title.
`
`“An audio output apparatus comprises a sound output unit configured to output sound that
`corresponds to the audio data transmitted from a first sound source device connected by radio to the
`audio output apparatus, a priority-level comparing unit configured to compare priority information
`transmitted from the first sound source device and representing a priority level assigned thereto, with
`priority information transmitted from a second sound source device and representing a priority level
`assigned thereto, when the second sound source devices is connected by radio to the audio output
`apparatus while the audio output apparatus is outputting sound corresponding to the audio data
`transmitted from the first sound source device, and a sound-source selecting unit configured to select
`one of the first and second sound source devices, as a source of sound to be output, in accordance
`with the result of comparison performed by the priority-level comparing unit.”
`Abstract
`
`1
`
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`

`

`Koss Corporation v. Plantronics, Inc. and Polycom, Inc.
`Western District of Texas, No. 6:20-cv-00663-ADA
`
`Exhibit B-4 - Invalidity of ’155 Patent in view of U.S. Patent Appl. Pub. No. 2003/0223604
`
`Claim
`
`U.S. Patent Appl. Pub. No. 2003/0223604 (“Nakagawa”)
`“The audio output apparatus 11 is, for example, a wireless headset (comprising a speaker and a
`microphone). The user who wears the wireless headset can listen to the audio data transmitted, by a
`radio signal, from a sound source device and output through the headphone (or earphone) 111 that
`is provided as speaker in the wireless headset.”
`
`“The audio-data generating unit 33 receives a voice signal that the microphone 112 has generated
`from the user's voice and converts the voice signal to audio data. The audio-data outputting unit 34
`and the headphone 111 are devices that output sound corresponding to audio data transmitted from
`the selected sound source device.”
`
`[0025]
`
`
`[0055]
`
`
`2
`
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`IPR2021-00297
`
`

`

`Koss Corporation v. Plantronics, Inc. and Polycom, Inc.
`Western District of Texas, No. 6:20-cv-00663-ADA
`
`Exhibit B-4 - Invalidity of ’155 Patent in view of U.S. Patent Appl. Pub. No. 2003/0223604
`
`Claim
`
`U.S. Patent Appl. Pub. No. 2003/0223604 (“Nakagawa”)
`
`
`Fig. 1 (showing “Wireless audio output apparatus (Wireless headset)” 11).
`
`
`3
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`

`

`Koss Corporation v. Plantronics, Inc. and Polycom, Inc.
`Western District of Texas, No. 6:20-cv-00663-ADA
`
`Exhibit B-4 - Invalidity of ’155 Patent in view of U.S. Patent Appl. Pub. No. 2003/0223604
`
`Claim
`
`U.S. Patent Appl. Pub. No. 2003/0223604 (“Nakagawa”)
`
`[1(b)] first and second earphones,
`wherein each of the first and
`second earphones comprises an
`acoustic transducer;
`
`
`
`Fig. 3 (showing “Wireless audio output apparatus” 11).
`Nakagawa discloses a headphone assembly comprising first and second earphones, wherein each of the first
`and second earphones comprises an acoustic transducer.
`
`For example, Nakagawa discloses an audio output apparatus 11, for example a wireless headset comprising
`a speaker or wireless headphones. A POSA would have understood the disclosed speakers are acoustic
`transducers. See U.S. 5,889,870, 2:6-9 (“A speaker is a transducer…”). Moreover, a POSA would have
`understood that Nakagawa’s “headset” includes “a pair of [i.e., first and second] transducers…to convert the
`
`4
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`

`

`Claim
`
`Koss Corporation v. Plantronics, Inc. and Polycom, Inc.
`Western District of Texas, No. 6:20-cv-00663-ADA
`
`Exhibit B-4 - Invalidity of ’155 Patent in view of U.S. Patent Appl. Pub. No. 2003/0223604
`
`U.S. Patent Appl. Pub. No. 2003/0223604 (“Nakagawa”)
`signal into audible sound waves” (i.e., acoustic transducers). See, e.g., U.S. Patent Appl. Pub. No.
`2008/0031475 (“Goldstein”), [0048] (explaining: “‘Headphones’ (also known as … headsets …) are a pair
`of transducers that receive an electrical signal from a media player, communication receivers and
`transceivers, and use speakers placed in close proximity to the ears (hence the name earphone) to convert the
`signal into audible sound waves.”). See also:
`
`
`“The audio output apparatus 11 is, for example, a wireless headset (comprising a speaker and a
`microphone). The user who wears the wireless headset can listen to the audio data transmitted, by a
`radio signal, from a sound source device and output through the headphone (or earphone) 111 that is
`provided as speaker in the wireless headset.”
`
`[0025]
`
`
`[0055]
`
`
`
`
`“The audio-data generating unit 33 receives a voice signal that the microphone 112 has generated
`from the user's voice and converts the voice signal to audio data. The audio-data outputting unit 34
`and the headphone 111 are devices that output sound corresponding to audio data transmitted
`from the selected sound source device.”
`
`“The wireless audio output apparatus 11, which can automatically switch the sound source, is fit for
`use as audio output devices, such as wireless headphones, which should be small, light and
`inexpensive.”
`
`5
`
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`

`

`Koss Corporation v. Plantronics, Inc. and Polycom, Inc.
`Western District of Texas, No. 6:20-cv-00663-ADA
`
`Exhibit B-4 - Invalidity of ’155 Patent in view of U.S. Patent Appl. Pub. No. 2003/0223604
`
`Claim
`
`U.S. Patent Appl. Pub. No. 2003/0223604 (“Nakagawa”)
`
`
`
`Fig. 1 (showing two headphones 111).
`
`If Koss argues that a POSA would not have interpreted Nakagawa to expressly disclose a second headphone
`with a second acoustic transducer, then implementing the headset of Nakagawa to include a first and second
`earphone would have been obvious as a POSA had several reasons to make such an implementation.
` For
`example, a POSA would have wanted to support the stereo sound found in most music data stored on most
`CDs of the time, and Nakagawa suggested its system be used to listen to music data stores on CDs, which
`many consumers would have preferred to support stereo sound. Second, it would have been applying a
`known technique (using two earphones and transducers) to improve similar devices (wireless headsets) in
`
`6
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`

`

`Claim
`
`Koss Corporation v. Plantronics, Inc. and Polycom, Inc.
`Western District of Texas, No. 6:20-cv-00663-ADA
`
`Exhibit B-4 - Invalidity of ’155 Patent in view of U.S. Patent Appl. Pub. No. 2003/0223604
`
`U.S. Patent Appl. Pub. No. 2003/0223604 (“Nakagawa”)
`the same way (to provide stereo sound). Third, two earphones and transducers would have been obvious
`to try because it was one of a finite number (two) of predictable configurations for a headphone assembly
`(either one or two earphones and transducers). At least the following prior art references disclose the use
`of two earphone for headsets/headphones were common and conventional prior to the alleged invention of
`the ’155 Patent:
`
`
`“FIG. 4 illustrates a perspective view of the wireless headset 4 shown in FIG. 1. The wireless headset
`4 includes a headband 30, speaker 18, speaker 20, and a wireless communication module installed
`within the housing of the headset. The term “module” is used interchangeably with “circuitry” herein.
`In an example of the invention, speaker 18 and speaker 20 are flexibly coupled to headband 30 using
`a yoke 21 and yoke 23, respectively. Referring to FIG. 5, yoke 21 includes a yoke stem 22 coupled
`to headband 30 via a pivot pin 27. In a similar manner, referring to FIG. 4, yoke 23 includes a yoke
`stem 24 coupled to headband 4 via a pivot pin 25. An electrical interface 26 is disposed within yoke
`stem 22.”
`U.S. 7,457,649B1 (“Wilson”), 4:4-15
`
`“There are two types of commercial headsets available, namely mono headsets and stereo headsets.
`The former can be applied in hands free cell phones. When the headsets are connected to bluetooth
`modules, users can answer phone calls through the headsets directly. In general, for purposes of
`convenience, mono headsets are designed to be small and delicate. Mono headsets, however, are not
`suitable for listening to stereo music, not only because they comprise only one earphone but also
`because the sound is limited to the vocal frequency range of (300 Hz˜3 KHz).
`
`
`
`Stereo headsets are mostly used when users wish to listen to music as they have two earphones for
`creating stereo sound. There are three types of stereo headsets: head-wear headsets, neck-wear
`headsets, and ear-wear headsets.”
`U.S. 2007/0253579A1, [0004]-[0005]
`
`
`7
`
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`

`

`Claim
`
`Koss Corporation v. Plantronics, Inc. and Polycom, Inc.
`Western District of Texas, No. 6:20-cv-00663-ADA
`
`Exhibit B-4 - Invalidity of ’155 Patent in view of U.S. Patent Appl. Pub. No. 2003/0223604
`
`U.S. Patent Appl. Pub. No. 2003/0223604 (“Nakagawa”)
`“Headsets, which can incorporate one or two earphones for monaural or stereo listening, can be
`classified into three general types in accordance with the type of ear-phone that they employ: 1) “In-
`the-ear” type earphones, sometimes referred to as “ear buds,” which fit into the concha, or entrance
`to a wearer's middle ear, such as that described in U.S. Pat. No. 5,761,298 to M. Davis, et al.; 2) “On-
`the-ear” types that couple against a lateral face of the auricle, or external ear, of the wearer, such as
`that described in U.S. Pat. No. 5,960,094 to W. Jensen, et al.; and, 3) “Over-the-ear” types that
`surround and form a closed chamber over the auricle of the listener, such as that described in U.S.
`Pat. No. 6,295,366 to L. Haller, et al.”
`U.S. 6,856,690, 1:21-34
`
`
`“However, there are certain usage scenarios in which the user of a wireless communication headset
`may wish to listen to a stereo signal using both ears. Such usage scenarios are expected to increase
`with the availability of a variety of electronic devices and multi-function devices. Such devices
`include cellular telephones, digital music players, personal digital assistants, and devices combining
`one or more of these devices into a single integrated device.”
`U.S. 7,627,289, 1:7-15
`
`
`“Headphones: "Headphones" (also known as earphones, earbuds, stereophones, headsets Canal
`phones, or the slang term "cans") are a pair of transducers that receive an electrical signal from a
`media player, communication receivers and transceivers, and use speakers placed in close proximity
`to the ears (hence the name earphone) to convert the signal into audible sound waves.”
`Goldstein, [0048]
`
`
`“FIG. 3 illustrates an example of various elements that can be part of an earpiece device in accordance
`with at least one exemplary embodiment. The earpiece can include all or some of the elements
`illustrated in FIG. 3. For example the logic circuit 570 or the operatively connected memory storage
`device 585, can include spatial enhancement software 329, a DSP code 330, a speech synthesis and
`recognition system 311, and a digital timer 312. Additional elements can be connected to the logic
`
`8
`
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`

`

`Koss Corporation v. Plantronics, Inc. and Polycom, Inc.
`Western District of Texas, No. 6:20-cv-00663-ADA
`
`Exhibit B-4 - Invalidity of ’155 Patent in view of U.S. Patent Appl. Pub. No. 2003/0223604
`
`Claim
`
`U.S. Patent Appl. Pub. No. 2003/0223604 (“Nakagawa”)
`circuit 570 as needed, for example a software communication interface 307 (e.g., wireless module
`515), data port interface 306, audio input buffers 300 connected to digital audio input 302 and/or
`analog audio input converted to digital via an ADC 301, environmental audio input acoustic
`transducer(s) 321 converted to digital via an ADC 316, user control 324, digital audio output 328,
`output acoustic transducers 319, display systems 318, communication buffers 325 as well as other
`electronic devices as known by one of ordinary skill in the relevant arts.”
`Goldstein, [0067]
`
`
`9
`
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`

`

`Koss Corporation v. Plantronics, Inc. and Polycom, Inc.
`Western District of Texas, No. 6:20-cv-00663-ADA
`
`Exhibit B-4 - Invalidity of ’155 Patent in view of U.S. Patent Appl. Pub. No. 2003/0223604
`
`Claim
`
`U.S. Patent Appl. Pub. No. 2003/0223604 (“Nakagawa”)
`
`
`Goldstein, Fig. 3 (showing Amp 309 outputting to Output Acoustical Transducers 319):
`
`
`“In at least one embodiment, a wireless headset 108 is utilized to facilitate the transmission of audio
`information and other information (e.g., video information) between the communications device 102
`and a user 110. As discussed below with reference to FIGS. 2A-2C, the headset 108 may be
`implemented as an earbud-type or ear-clip type headset which may utilize a relatively small headset
`
`10
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`

`

`Claim
`
`Koss Corporation v. Plantronics, Inc. and Polycom, Inc.
`Western District of Texas, No. 6:20-cv-00663-ADA
`
`Exhibit B-4 - Invalidity of ’155 Patent in view of U.S. Patent Appl. Pub. No. 2003/0223604
`
`U.S. Patent Appl. Pub. No. 2003/0223604 (“Nakagawa”)
`body 112 operably connected to an earbud speaker (not shown) for outputting audio information
`and a microphone assembly 114 for inputting audio information (such as the vocalizations of the user
`110). As depicted in the illustrated embodiment, the microphone assembly 114 may be operably
`connected to the headset body 112 via a boom 116. Alternatively, the microphone assembly 114 may
`be implemented on a wire connected to the headset body 112 which may be clipped to the clothing
`of the user 110, for example. The microphone assembly 114 may include any of a variety of
`microphones, including, but not limited to, throat microphones, boom microphones, bone induction
`microphones (i.e., microphones placed in the ear canal which pick up audio signals via vibrations in
`the ear canal), and the like.”
`U.S. Application Publication No. 2009/0029743 (“Lair”), [0028]
`
`
`“As illustrated in greater detail with reference to FIGS. 2D-2G, the headset 108 alternately may be
`implemented as a headband-type headset having one or two ear pads or cups connected via one or
`more bands that encircle at least part of the head or neck of the user 110.”
`Lair, [0029]
`
`
`“Packetized audio information transmitted from the wireless adapter 118 (FIGS. 1A and 1B) or
`directly from the communications device 102 is received via the antenna or transducer 310 and
`transceiver 308, depacketized by the processor 306 and provided to a decoder 314 for conversion to
`an analog signal representative of the audio information. The analog signal then may be used to drive
`a speaker 316 to output the audio information as sound for detection by the user 110. As discussed
`above, the speaker 316 may be implemented in a earbud or ear insert placed in or near to an
`ear canal of the user 110, in an earpiece of the headset which covers at least a portion of the
`ear, and the like.”
`Lair, [0046]
`
`11
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`

`

`Koss Corporation v. Plantronics, Inc. and Polycom, Inc.
`Western District of Texas, No. 6:20-cv-00663-ADA
`
`Exhibit B-4 - Invalidity of ’155 Patent in view of U.S. Patent Appl. Pub. No. 2003/0223604
`
`Claim
`
`U.S. Patent Appl. Pub. No. 2003/0223604 (“Nakagawa”)
`
`Lair, FIG. 3 (speaker 316)
`
`
`
`
`“FIG. 1A is a block diagram illustrating functional components that may be found in a wireless
`telecommunications headset 101. Headset 101 may be wearable by a user. For example, headset 101
`may be formed so as to affix to the head of a user by wrapping around an ear or inserting at least
`partially within the ear canal, or the headset may include a speaker for one or both ears and extend
`over or around the head as with conventional headphones. Headset 101 may also be separated into
`multiple physical components attached to each other using wired and/or wireless schemes (e.g.
`separate microphone or battery attached by a wire). Although represented here by distinct blocks for
`clarity, functional components of headset 101 may be combined into a single component (e.g.
`processor with on-board memory) and/or split into multiple components (e.g. multiple co-
`processors).”
`U.S. Application Publication No. 2008/0113689 (“Bailey”), [0017]
`
`Nakagawa discloses a headphone assembly comprising an antenna for receiving wireless signals. For
`example, Nakagawa discloses antenna 113 for receiving wireless signals.
`
`
`“The sound source device (#1) 12 is a portable audio player such as a portable CD (Compact Disk)
`
`12
`
`[1(c)] an antenna for receiving
`wireless signals;
`
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`

`

`Claim
`
`Koss Corporation v. Plantronics, Inc. and Polycom, Inc.
`Western District of Texas, No. 6:20-cv-00663-ADA
`
`Exhibit B-4 - Invalidity of ’155 Patent in view of U.S. Patent Appl. Pub. No. 2003/0223604
`
`U.S. Patent Appl. Pub. No. 2003/0223604 (“Nakagawa”)
`player or a portable mini-disk player. It has a short-range communication function that accords with
`the Bluetooth™ standards. This sound source device 12 has an antenna 121. The device 12 reads
`music data from a removable recording medium such as a CD or a mini-disk. The music data is
`transmitted by a radio signal, as audio data, from the antenna 121 to the wireless audio output
`apparatus 11. The user may put the sound source device (#1) 12 into a bag he or she has or into a
`pocket of the jacket he or she wears. Then, the user can listen to the music that the headphone 111 of
`the wireless audio output apparatus 11 is reproducing from the music data transmitted from the sound
`source device (#1) 12.”
`
`
`“The wireless audio output apparatus 11 has a microphone 112. The user's speech input to the
`microphone 112 is transmitted by a radio signal from the antenna 113 to the sound source device (#2)
`13. Thereby, the user can talk the calling person through the mobile phone network.”
`
`“As FIG. 3 shows, the wireless audio output apparatus 11 comprises a memory device 31, a system
`control unit 32, an audio-data generating unit 33, an audio-data outputting unit 34, a prior-connection
`request analyzing unit 35, a sound-source switching unit 36, and a wireless communication device
`37.”
`
`“The wireless communication device 37 comprises a base-band processing unit and a RF unit. It
`operates to establish wireless connection between the apparatus 11 and the sound source device that
`has transmitted a wireless-connection request, to accomplish wireless communication between the
`apparatus 11 and that sound source device. The wireless communication is performed in accords with
`the Bluetooth™ standards. While performing
`the wireless communication,
`the wireless
`communication device 37 can receive wireless-connection requests from any other sound source
`devices. Hence, whichever sound source device is connected at any time to the wireless audio output
`
`[0028]
`
`[0030]
`
`
`[0053]
`
`
`13
`
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`
`

`

`Koss Corporation v. Plantronics, Inc. and Polycom, Inc.
`Western District of Texas, No. 6:20-cv-00663-ADA
`
`Exhibit B-4 - Invalidity of ’155 Patent in view of U.S. Patent Appl. Pub. No. 2003/0223604
`
`Claim
`
`[0059]
`
`
`U.S. Patent Appl. Pub. No. 2003/0223604 (“Nakagawa”)
`apparatus 11, the wireless audio output apparatus 11 can select the sound source device that has a
`higher priority level than any other sound source device connected to the apparatus 11 at that time.”
`
`“Any sound source device that is not selected is disconnected from the wireless audio output
`apparatus 11, because useless wireless communication between the apparatus 11 and any sound
`source device which need not reproduce audio data must be avoided. The sound source device can
`be selected, without disconnecting any sound source device not selected from the wireless audio
`output apparatus 11. In this case, a disconnection request is not transmitted to the sound source
`devices not selected (at Step S112), or only the audio data that the wireless communication device
`37 has received from the sound source device selected is transmitted to the audio-data outputting unit
`34. The audio data received from any sound source device not selected is discarded.”
`
`[1(d)] a wireless communication
`circuit connected to the antenna,
`wherein the wireless
`communication circuit is for
`receiving and transmitting wireless
`signals to and from the wireless
`headphone assembly;
`
`[0076]
`
`Fig. 1 (reproduced above) (showing antenna 113 connected to wireless audio output apparatus 11).
`Nakagawa discloses a headphone assembly comprising a wireless communication circuit connected to the
`antenna, wherein the wireless communication circuit is for receiving and transmitting wireless signals to and
`from the wireless headphone assembly. For example, Nakagawa discloses wireless communication device
`37 connected to the antenna 113 and the wireless output apparatus 11.
`
`
`“The sound source device (#1) 12 is a portable audio player such as a portable CD (Compact Disk)
`player or a portable mini-disk player. It has a short-range communication function that accords with
`the Bluetooth™ standards. This sound source device 12 has an antenna 121. The device 12 reads
`music data from a removable recording medium such as a CD or a mini-disk. The music data is
`transmitted by a radio signal, as audio data, from the antenna 121 to the wireless audio output
`apparatus 11. The user may put the sound source device (#1) 12 into a bag he or she has or into a
`pocket of the jacket he or she wears. Then, the user can listen to the music that the headphone 111 of
`the wireless audio output apparatus 11 is reproducing from the music data transmitted from the sound
`
`14
`
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`
`

`

`Claim
`
`Koss Corporation v. Plantronics, Inc. and Polycom, Inc.
`Western District of Texas, No. 6:20-cv-00663-ADA
`
`Exhibit B-4 - Invalidity of ’155 Patent in view of U.S. Patent Appl. Pub. No. 2003/0223604
`
`[0028]
`
`[0030]
`
`
`[0053]
`
`
`[0057]
`
`
`U.S. Patent Appl. Pub. No. 2003/0223604 (“Nakagawa”)
`source device (#1) 12.”
`
`
`“The wireless audio output apparatus 11 has a microphone 112. The user's speech input to the
`microphone 112 is transmitted by a radio signal from the antenna 113 to the sound source device (#2)
`13. Thereby, the user can talk the calling person through the mobile phone network.”
`
`“As FIG. 3 shows, the wireless audio output apparatus 11 comprises a memory device 31, a system
`control unit 32, an audio-data generating unit 33, an audio-data outputting unit 34, a prior-connection
`request analyzing unit 35, a sound-source switching unit 36, and a wireless communication device
`37.”
`
`“The audio-data outputting unit 34 is configured to receive the audio data through the system control
`unit 32 and supplies the same to the headphone 111. The headphone 111 generates sounds from the
`audio data it has received. The audio-data outputting unit 34 reproduces data to accomplish so-called
`“streaming playback.” That is, it receives an audio data stream from the sound source device selected
`at present, via the wireless communication device 37 and the system control unit 32, and then converts
`the audio data stream to an electric signal that the headphone 111 can convert into sound. Thus, the
`audio-data outputting unit 34 converts the audio data, which is a digital signal, to an analog signal.
`The analog signal is output to the headphone 111.”
`
`“The wireless communication device 37 comprises a base-band processing unit and a RF unit. It
`operates to establish wireless connection between the apparatus 11 and the sound source device that
`has transmitted a wireless-connection request, to accomplish wireless communication between the
`apparatus 11 and that sound source device. The wireless communication is performed in accords with
`
`15
`
`Page 15 of 64
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`
`

`

`Claim
`
`Koss Corporation v. Plantronics, Inc. and Polycom, Inc.
`Western District of Texas, No. 6:20-cv-00663-ADA
`
`Exhibit B-4 - Invalidity of ’155 Patent in view of U.S. Patent Appl. Pub. No. 2003/0223604
`
`U.S. Patent Appl. Pub. No. 2003/0223604 (“Nakagawa”)
`the wireless
`the Bluetooth™ standards. While performing
`the wireless communication,
`communication device 37 can receive wireless-connection requests from any other sound source
`devices. Hence, whichever sound source device is connected at any time to the wireless audio output
`apparatus 11, the wireless audio output apparatus 11 can select the sound source device that has a
`higher priority level than any other sound source device connected to the apparatus 11 at that time.”
`
`“To disconnect the sound source device not selected from the apparatus 11, the wireless
`communication device 37 transmits a disconnection request to the sound source device (Step S122).
`The sound source devices connected by radio to the wireless audio output apparatus 11 determine
`whether they have received a disconnection request from the apparatus 11 (Step S123). Any sound
`source device disconnects itself from the wireless audio output apparatus 11 if it has received a
`disconnection request, and transmits audio data to the apparatus 11 if it has not received a
`disconnection request.”
`
`“Any sound source device that is not selected is disconnected from the wireless audio output
`apparatus 11, because useless wireless communication between the apparatus 11 and any sound
`source device which need not reproduce audio data must be avoided. The sound source device can
`be selected, without disconnecting any sound source device not selected from the wireless audio
`output apparatus 11. In this case, a disconnection request is not transmitted to the sound source
`devices not selected (at Step S112), or only the audio data that the wireless communication device
`37 has received from the sound source device selected is transmitted to the audio-data outputting unit
`34. The audio data received from any sound source device not selected is discarded.”
`
`“The wireless audio output apparatus 11 performs wireless communication with the sound source
`device selected at present, in order to receive audio data from the selected sound source device. The
`
`[0059]
`
`
`[0069]
`
`
`[0076]
`
`
`16
`
`Page 16 of 64
`
`Koss 2018
`IPR2021-00297
`
`

`

`Koss Corporation v. Plantronics, Inc. and Polycom, Inc.
`Western District of Texas, No. 6:20-cv-00663-ADA
`
`Exhibit B-4 - Invalidity of ’155 Patent in view of U.S. Patent Appl. Pub. No. 2003/0223604
`
`Claim
`
`[1(e)] a processor in
`communication with the wireless
`communication circuit; and
`
`U.S. Patent Appl. Pub. No. 2003/0223604 (“Nakagawa”)
`to be
`selected sound source device may generate a disconnection request in this condition,
`disconnected from the wireless audio output apparatus 11 (if YES at Step S201). If this is the case,
`the wireless audio output apparatus 11 disconnects the wireless link with the selected sound source
`device (Step S202).”
`
`[0079]
`
`Fig. 3 (reproduced above) (showing antenna connected to wireless communication device 37, which is
`connected to the rest of wireless audio output apparatus 11).
`Nakagawa discloses a headphone assembly comprising a processor in communication with the wireless
`communication circuit. For example, Nakagawa discloses system control unit 32, which is a processor, in
`electrical communication with the wireless communication device 37.
`
`
`[0053]
`
`[0054]
`
`
`“As FIG. 3 shows, the wireless audio output apparatus 11 comprises a memory device 31, a system
`control unit 32, an audio-data generating unit 33, an audio-data outputting unit 34, a prior-connection
`request analyzing unit 35, a sound-source switching unit 36, and a wireless communication device
`37.”
`
`
`“The memory device 31 is, for example, a nonvolatile memory. The device 31 stores programs and
`various data items. The programs are used to control an operation of the wireless audio output
`apparatus 11. The system control unit 32 is a processor that controls some of the other components
`of the wireless audio output apparatus 11. The unit 32 executes the programs stored in the memory
`device 31 to control the audio-data generating unit 33, audio-data outputting unit 34, prior-connection
`request analyzing unit 35, sound-source switching unit 36 and wireless communication device 37.”
`
`“The audio-data outputting unit 34 is configured to receive the audio data through the system control
`unit 32 and supplies the same to the headphone 111. The headphone 111 generates sounds from the
`
`17
`
`Page 17 of 64
`
`Koss 2018
`IPR2021-00297
`
`

`

`Koss Corporation v. Plantronics, Inc. and Polycom, Inc.
`Western District of Texas, No. 6:20-cv-00663-ADA
`
`Exhibit B-4 - Invalidity of ’155 Patent in view of U.S. Patent Appl. Pub. No. 2003/0223604
`
`Claim
`
`[0056]
`
`
`U.S. Patent Appl. Pub. No. 2003/0223604 (“Nakagawa”)
`audio data it has received. The audio-data outputting unit 34 reproduces data to accomplish so-called
`“streaming playback.” That is, it receives an audio data stream from the sound source device selected
`at present, via the wireless communication device 37 and the system control unit 32, and then converts
`the audio data stream to an electric signal that the headphone 111 can convert into sound. Thus, the
`audio-data outputting unit 34 converts the audio data, which is a digital signal, to an analog signal.
`The analog signal is output to the headphone 111.”
`
`“The wireless communication device 37 comprises a base-band processing unit and a RF unit. It
`operates to establish wireless connection between the apparatus 11 and the sound source device that
`has transmitted a wireless-connection request, to accomplish wireless communication between the
`apparatus 11 and that sound source device. The wireless communication is performed in accords with
`the Bluetooth™ standards. While performing
`the wireless communication,
`the wireless
`communication device 37 can receive wireless-connection requests from any other sound source
`devices. Hence, whichever sound source device is connected at any time to the wireless audio output
`apparatus 11, the wireless audio output apparatus 11 can select the sound source device that has a
`higher priority level than any other sound source device connected to the apparatus 11 at that time.”
`
`[0059]
`
`FIG. 3 (reproduced above) (showing system control unit 32 in communication with wireless communication
`device 37).
`A POSA had reasons to have the wireless audio output apparatus 11 of Nakagawa comprise a rechargeable
`battery for powering the wireless headphone assembly. First, a POSA would have understood that the
`apparatus requires electrical power in order to function, and to maintain the wireless nature of the apparatus
`a battery would been an obvious power source. A POSA would have wanted to offer the apparatus with a
`rechargeable battery as a more convenient method of providing electrical power than having to replace non-
`rechargeable batteries. Second, it would have been a simple substitution of one known element for another
`(a rechargeable battery) with a reasonable expectation of success because it merely required ordinary skill to
`
`18
`
`[1(f)] a rechargeable battery for
`powering the wireless headphone
`assembly,
`
`Page 18 of 64
`
`Koss 2018
`IPR2021-00297
`
`

`

`Claim
`
`Koss Corporation v. Plantronics, Inc. and Polycom, Inc.
`Western District of Texas, No. 6:20-cv-00663-ADA
`
`Exhibit B-4 - Inval