des brevets
`
`Europaisches
`Patentamt
`European
`Patent Office
`Office européen
`
`Letter accompanying subsequently filed items
`
`Sender:
`
`Mr Simon PARRY
`Mewburn Ellis LLP
`33 Gutter Lane
`London Greater London EC2V 8AS
`United Kingdom
`
`Phone: +44 20 7776 5300
`Fax: +44 20 7776 5399
`E-mail: mail@mewburn.com
`
`80298 Munich
`Germany
`Tel. +49(0)89 2399-0 | Fax -4465
`
`P.O. Box 5818
`NL-2280 HV Rijswijk
`Netherlands
`Tel. +31(0)70 340-2040 | Fax -3016
`
`10958 Berlin
`Germany
`Tel. +49(0)30 25901-0 | Fax -840
`
`The document(s) listed below is (are) subsequently filed documents pertaining to the following application:
`
`Application number
`
`09731146.8
`
`
`
`
`
`
`
`
`
`
`Applicant's or representative's reference
`SJP/FP6724736
`
`Description of document Assigned file name Originalfile name
`
`
`WOREPLY-1.PDF
`#10078388-v1-To_EPO_-_30_11_2011_
`1
`|Reply to search opinionMritten
`
`opinion/IPER
`-_response.PDF
`2.
`|Amendeddescription (clean copy)
`#10080 127-v1-To_EPO_-_30_11_2011_
`DESC-1.PDF
`
`-_replacement_pages.PDF
`CLMS-1.PDF
`10080295-v1-To_EPO_-_30_11_2011_-
`|Amended claims (clean copy)
`3
`_replacement_claims.PDF
`DESC-HWA-1.PDF
`#10080373-v1-To_EPO_-_30_11_2011_
`4
`|Amended description with annotations
`-_description (manuscript) .PDF
`#1007429 1-v1-To_EPO_-_30_11_2011_
`-_claims_{manuscript). PDF
`
` 5
`
`|Amended claims with annotations
`
`CLMS-HWA-1.PDF
`
`Signatures
`
`Place:
`
`Date:
`
`Signed by:
`
`Capacity:
`
`30 November 2011
`
`GB, Mewbum Ellis LLP, S. Parry 20806
`
`(Representative)
`
`Bose Exhibit 1012
`Bose v. Koss
`
`Exhibit 1012 - p. 1
`
`Exhibit 1012 - p. 1
`
`

`

`MewburnEllis
`
`European Patent Attorneys
`European Trade Mark Attorneys
`European Design Atlorneys
`Chartered Patent Attorneys
`
`Pariners
`Emily Hayes
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`Richard Johnsen
`Patrick Stoner
`Sean Walton
`Nicola Kimblin
`Hilary King
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`Lindsey Woolley
`Andy King
`London EC2V 8AS
`Simon Kiddle
`James Leach
`
`aUCONNRONLLP LAALMRTTR 33 Gutter Lane
`Simon Parry
`Adrian Brasnett
`Kerry Moroney
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`Tol; +44 (0)20 7776 5300
`Roger Grimshaw
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`Fax: +44 (0)20 7776 5399
`Stephen Michell
`mail@mewburn.com
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`Qualified Staff
`lan Stuart
`Sofia Arenal
`Robert Andrews
`Rachel White
`Julie Garlisle
`Jonathan Wills
`Matthew Naylor
`Michael Foster
`Stephen Garter
`Rachel Gee
`Stephen Gill
`Katherine Green
`Wilhelmus Wytenburg
`Graham Forrest
`Edmund Harrison
`Consulting Partner
`Susan Harrison
`lan Armitage
`Richard Clegg
`Sian, WWW. GWOT. COM ssicnsanansaeenranamammancmmmmmmmnmzammmmnnat
`
`European Patent Office
`D-80298 Munchen
`Germany
`
`30 November 2011
`
`BY EPO ONLINE FILING
`
`DearSirs
`
`European Patent Application No. 09731146.8
`Applicant: KOSS CORPORATION
`Our Ref: SUP/FP6724736
`
`| write in responseto the official communication dated 28 June 2011 and hereby confirm the
`previously-filed request for substantive examination and the applicant’s wish to proceed
`further with this application.
`
`Additionally, | set out below our responseto the objections set out in the Opinion
`accompanying the European Search Report.
`
`In response to the European Search Report, | am filing herewith amended pagesforthis
`application. Clean-typed page numbers 1 and 1a of the description filed herewith are to be
`substituted for page 1 as presently on file whilst the attached clean-typed pages of amended
`claims are to be substituted for the pages of claims presently on file. For the Examiner's
`assistancein following the amendments incorporated into these clean-typed pages, | am
`also submitting herewith copies of the previous pages with the amendments shownin
`manuscript.
`
`is hereby amended to address the
`As the Examinerwill note, independent claim 1
`Examiner’s objection as set out in numbered paragraph 2.1 of the aforementioned Opinion.
`In particular, the claim now requires the transceiver circuit firmware to cause the transceiver
`circuit to transmit data via the ad hoc wireless network to the data source regarding one or
`more infrastructure wireless networks detected by the transceivercircuit “that have a signal
`strength above a threshold a minimum signal strength level’, and no longer requires the data
`itself to comprise the signal strength data. Basis for this amendmentarises from the
`passage of the description beginning at line 24 of page 12 and running overtoline 6 of page
`13.
`
`Wehavealso noted the Examiner's objections to the dependencies of the amended claims
`filed on entry into the European regional phase and so the Examinerwill note that the
`amendedclaimsfiled herewith have been restored to their previous dependencies.
`In this
`regard, however, | note that the Examiner did not object to the dependency of previous claim
`17 (now claim 16 in the amendedsetof claims filed herewith), but nevertheless for the sake
`of good orderthis claim has also now been amended soas to addressthe issueofits
`dependency.
`
`Timo PATENTS + TRADE MARKS + DESIGNS + COPYRIGHT satsssseseissasnennnsensmssamnsstersetsenmraneatemnetansbsennnntnasetsesNaNAAS
`MewburnEllis LLP s aL mited Liability Partnership registered in England (no. OC308749)
`Registered Office + 33 Gutter Lane + London + EC2V 8AS
`Regulated bythe Intellectual Property Regulation Board
`
`Exhibit 1012 - p. 2
`
`Exhibit 1012 - p. 2
`
`

`

`Mewburn Ellis
`
`ne,LPsuerememennesnestenrone
`
`.
`
`The Examiner's comments with regard to the “doubled” claim dependencies of previous
`claims 14 and 15 is now mootfollowing the above-mentioned amendmentsto the claims.
`Nevertheless, the Examiner will note that claims 16, 17 and 18 filed herewith are now each
`directed to “A system according to claim 10, or an earphone according to claim 1...”.
`It is
`respectfully submitted that this claim structure is actually entirely clear and thus represents
`no contravention of Article 84 EPC. Basis for this dependencyin respect of claim 16 filed
`herewith arises from original claim 15 of the application asfiled (which was dependent upon
`the system of claim 14 asfiled) and original claim 2 of the application as filed (which was
`dependent upon the earphone defined by claim 1 as originally filed). Similarly, basis for this
`dependencyin claim 17 filed herewith arises from original claims 23 (dependent upon
`original system claim 14) and 5 (dependent upon original earphone claim 1) of the
`application as originally filed. Basis for the dependency of claim 18 filed herewith arises
`from original claims 24 (dependent upon independent system claim 14) and 7 (dependent
`upon the independent earphone of claim 6) of the application as originally filed.
`
`Furthermore, claim 1 filed herewith has been amendedso asto require receipt of the digital
`audio wirelessly from the data source via the ad hoc wireless network to occur “after
`establishing a wireless communication link with an ad hoc wireless network”. Basis for this
`amendment, indicated as necessary by the Examiner, arises from the passage beginning at
`line 24 of page 12 and running on to line 6 of page 13 of the application as originally filed.
`
`The Examiner will furthermore note that claim 1 filed herewith now refers to “a first
`infrastructure wireless network”. This has been done to address the Examiner’s lack of
`clarity objection with regard to claim 5, as set out in numbered paragraph 3.2 of the Search
`Opinion.
`
`Furthermore, claim 1 filed herewith is now restricted to the technical features of previous
`claim 4, thereby making the claim clearly novel and inventive as acknowledged by the
`Examiner.
`
`Claim 4 filed herewith (corresponding to previous claim 5) is also hereby amendedto refer to
`the aforementioned “first infrastructure wireless network”, in order to addresstheclarity
`objection set out in numbered paragraph 3.2 of the Search Opinion. The same amendment
`has been made to other claims for reasons of consistency.
`
`Independent method claim 19 filed herewith (correspanding to previous claim 20) now
`specifically recites technical features corresponding to those of independent product claim 1,
`and is also now restricted in the same mannerasclaim 1 filed herewith, thereby overcoming
`the Examiner'sclarity objection as set out in numbered paragraph 3.3 of the Opinion.
`
`Both the independent claims are now castinto the two part form with respectto prior art
`document D1, and prior art document D1 has beenbriefly identified on the first page of the
`description.
`In this regard, | note that in numbered paragraph 7.3 of the Search Opinion the
`Examiner suggested that prior art documents “D1-D4” should beidentified in the description.
`However, it seems that only three prior art documents were actually cited in the official
`search report and of those only document D1 wascited as a document having any direct
`relevanceto the invention defined by the claims in this application.
`It is therefore deemed
`appropriate only to identify prior art document D1 in this manner.
`
`Exhibit 1012 - p.3
`
`Exhibit 1012 - p. 3
`
`

`

`Mewburn Ellis
`
`ne,LPsuerememennesnestenrone
`
`.
`
`3
`
`It is respectfully submitted that the amendmentsfiled herewith now place the application in
`order for acceptance and we therefore look forward to receiving an official communication
`under Rule 71(3) EPC in due course.
`
`As a precaution against premature refusal, oral proceedings under A.116 EPC are
`requested in the event that the EPO forms an intention to refuse the application, but for
`compliance with A.113{1) EPCit is requested that before any summonsto oral proceedings
`is issued the applicant is given, in accordance with A.94(3) EPC, a proper opportunity to
`reply in writing to any objection raised by the EPO, especially any objection based on prior
`art not previously referred to in the examination.
`
`Wealso reservethe right to file divisional applications for any subject matter in the original
`application.
`
`Yoursfaithfully
`
`
`
`Simon James Parry
`AUTHORISED REPRESENTATIVE
`MEWBURN ELLIS LLP
`simon.parry@mewburn.com
`Tel:
`+44 161 247 7722
`
`Enc. Replacement claims 1 to 21 (replacement pages 22 to 25)
`Replacement page1
`New page 1a
`Marked-up amendments
`
`SJP/omb
`
`Exhibit 1012 - p. 4
`
`Exhibit 1012 - p. 4
`
`

`

`WIRELESS EARPHONE THAT TRANSITIONS BETWEEN WIRELESS NETWORKS
`
`Inventors: Michael J. Pelland, Michael J. Koss, Michael Sagan, Steven Reckamp, Greg
`
`Hollingstad, Jeff Bovee, and Morgan Lowery
`
`PRIORITY CLAIM
`
`The present application claims priority to United States provisional application serial
`
`number 61/123,265,filed April 7, 2008, which is incorporated herein by reference.
`
`BACKGROUND
`
`Digital audio players, such as MP3 players and iPods, that store and play digital audio
`
`files, are very popular. Such devicestypically comprise a data storage unit for storing and
`
`playing the digital audio, and a headphone set that connects to the data storage unit, usually
`
`with a 1/4" or a 3.5 mm jack and associated cord. Often the headphones arein-ear type
`
`headphones. The cord, however, between the headphones and the data storage unit can be
`
`cumbersome and annoying to users, and the length of the cord limits the physical distance
`
`between the data storage unit and the headphones. Accordingly, some cordless
`
`headphones have been proposed, such as the MonsteriFreePlay cordless headphones from
`
`Apple Inc., which include a docking port on one of the earphones that can connect directly to
`
`an iPod Shuffle. Because they have the docking port, however, the Monster iFreePlay
`
`cordless headphones from Apple are quite large and are notin- ear tyoe phones. Recently,
`
`cordless headphonesthat connect wirelessly via IEEE 802.11 to a WLAN-readylaptop or
`
`personal computer (PC) have been proposed, but such headphonesarealso quite large and
`
`not in-ear type phones.
`
`US2007/0165875A1 discloses a multiple-antennae wireless multimedia headset
`
`having peer-to-peer networking capability and which is configured for convenient hand off
`
`between multiple wireless interfaces.
`
`According to a first aspect of the present invention, there is provided an earphone as
`defined in claim 1.
`
`According to a second aspectof the present invention, there is provided a method as
`defined in claim 19
`
`Exhibit 1012 - p. 5
`
`Exhibit 1012 - p. 5
`
`

`

`Whenthe data source and the earphone are out of range via the ad hoc wireless
`
`network, they maytransition automatically to a common infrastructure wireless network(e.g.,
`
`a wireless LAN). If there is no commoninfrastructure wireless network for both the data
`
`source and the earphone, the earphone may connectvia an available infrastructure wireless
`
`network to a host server. The host server may, for example, broadcast streaming audio to
`
`the earphone and/or transmit to the earphone a network address (e.g., an Internet Protocol
`
`(IP) address) for a network-connected content server that
`
`la
`
`Exhibit 1012 - p. 6
`
`Exhibit 1012 - p. 6
`
`

`

`CLAIMS
`
`I.
`
`An earphone comprising:
`
`a body, wherein the body comprises:
`
`at least one acoustic transducer for converting an analog clectrical signal to sound;
`
`an antenna; and
`
`a transceiver circuit in communication with the at least one acoustic transducer and the
`
`antenna, wherein the transceivercircuit is for receiving and transmitting wireless signals via the
`
`antenna, and wherein the transceiver circuit is for outputting the analog clectrical signal to the at
`
`least one acoustic transducer, and wherein the wireless transceiver circuit comprises firmware,
`
`which when executed by the transceiver circuit, causes the transceiver circuit to:
`
`receive digital audio wirelessly from a data source via an ad hoc wireless network after
`
`establishing a wireless communication link with the ad hoc wireless network and when the data
`
`source is in wireless communication range with the earphone via the ad hoc wireless
`
`network;
`
`transmit data via the ad hoc wireless network to the data source regarding one or more
`
`infrastructure wireless networks detected by the transceivercircuit that have a signal strength
`
`above a threshold minimum signal strength level when the earphone and the data source are
`
`communicating via the ad hoc wireless network, wherein the data comprises identification data
`
`for the one or more infrastructure wireless networks; and
`
`when the data source is not in wireless communication range with the earphone via the ad
`
`hoc wireless network,transition automatically to receive digital audio via a first infrastructure
`
`wireless network, the earphone being characterised in that the transceivercircuit is for receiving
`
`digital audio from the data source via thefirst infrastructure wireless network whenthe data
`
`source is not in wireless communication range with the earphone via the ad hoc wireless network.
`
`2.
`
`The earphone of claim 1, wherein the transceivercircuit comprises:
`
`a wireless communication module;
`
`a processor unit in communication with the wireless communication module;
`
`a non-volatile memory unit in communication with the processor unit; and
`
`a volatile memory unit in communication with the processor unit.
`
`The earphone of claim 2, wherein the wireless communication module comprises a Wi-Fi
`3.
`communication module.
`
`4.
`
`The earphone of claim 1, wherein the firmware, when executed by the transceivercircuit,
`
`causesthe transceivercircuit of the earphone to connect to a host server via a second
`
`22
`
`Exhibit 1012 - p. 7
`
`Exhibit 1012 - p. 7
`
`

`

`infrastructure wireless network when (1) the data sourceis not in wireless communication range
`
`with the earphone via the ad hoc wireless network and (2) the data source and the earphone are
`not in wireless communication via the first infrastructure wireless network.
`
`5.
`
`The carphone of claim 1, whercin the firmware, when executed by the transceivercircuit,
`
`causesthe transceiver circuit of the earphone to connect to a host server via the infrastructure
`
`wireless network whenthe data source is not in wireless communication range with the earphone
`via the ad hoc wireless network.
`
`The earphone ofclaim 5, wherein the earphoneis for receiving streaming digital audio
`6.
`fromthe host server via the infrastructure wireless network.
`
`7.
`
`The earphone of claim 5, wherein the earphoneis for receiving a first network address for
`
`a first streaming digital audio content server from the host server via the infrastructure wireless
`network.
`
`8.
`
`The earphone of claim 7, wherein the earphone comprises a usercontrol that, when
`
`activated, causes the earphone to submit an electronic request via the infrastructure wireless
`
`network to the host server for a second network address for a second streaming digital audio
`content server.
`
`9.
`
`The earphone of claim 8, wherein the user control comprises a button.
`
`10.
`
`A system comprising:
`
`a wireless earphone according to claim 1; and
`
`a said data source for wirelessly transmitting streaming digital audio.
`
`11.
`
`A system according to claim 10, further comprising a host serverthat is in
`
`communication with the wireless earphone via the infrastructure wireless network.
`
`12.
`
`A system according to claim 11, whercin the firmware of the transceiver circuit of the
`
`wireless earphone, when executed by the transceiver circuit, causes the transceiver circuit of the
`
`earphone to connectto the host server via the infrastructure wireless network when the data
`
`source is not in wireless communication range with the earphone via the ad hoc wireless network.
`
`13.
`
`A system according to claim 11, wherein the host server is for streaming digital audio to
`
`the earphonevia the infrastructure wireless network.
`
`23
`
`Exhibit 1012 - p. 8
`
`Exhibit 1012 - p. 8
`
`

`

`
`
`14. A system according to claim 11, wherein the host server is for transmittingafirst
`
`network address for a first streaming digital audio content server to the earphone via the
`infrastructure wireless network.
`
`15.
`
`A system according to claim 12 further comprising a web page for the wireless earphone
`
`through which a useris capable of configuring one or moresettings for the wireless earphone.
`
`16.
`
`A system according to claim 10, or an carphone according to claim 1, whercin the data
`
`source comprises a digital audio player.
`
`17.
`
`A system according to claim 10, or an earphone according to claim 1, wherein the
`
`infrastructure wireless network comprises a WLAN.
`
`18.
`
`A system according to claim 10, or an earphone according to claim 1, wherein the
`
`infrastructure wireless network is a pre-set infrastructure wireless network that the data source
`
`transitions to whenthe data sourceis not in wireless communication range with the earphone via
`
`the ad hoc wireless network and when the pre-set infrastructure wireless network is in range of
`
`both the earphoneand the data source.
`
`19.
`
`A method of receiving wireless digital audio by a wireless earphone, the wireless
`
`earphone comprising:
`
`a body, wherein the body comprises:
`
`at least one acoustic transducer for converting an analog electrical signal to sound; an
`
`antenna; and
`
`a transceivercircuit in communication with the at least one acoustic transducerand the
`
`antenna, wherein the transceivercircuit is for receiving and transmitting wireless signals via the
`
`antenna, and
`
`wherein the transceiver circuit is for outputting the analog electrical signal to the at least
`
`one acoustic transducer, and
`
`wherein the wireless transeciver circuit comprises firmwarc, and
`
`wherein the method comprises: after establishing a wireless communication link with an
`
`ad hoc wireless network,
`
`receiving, by the wireless earphone, via the ad hoc wireless network, digital audio from a
`
`data source when the data source is in wireless communication with the earphone via the ad hoc
`
`wireless network;
`
`transmitting data, by the wireless earphone, via the ad hoc wireless network to the data
`
`24
`
`Exhibit 1012 - p. 9
`
`Exhibit 1012 - p. 9
`
`

`

`source regarding one or more infrastructure wireless networks detected by the transceiver circuit
`
`that have a signal strength above a threshold minimumsignal strength level when the earphone
`
`and the data source are communicating via the ad hoc wireless network, wherein the data
`
`comprises identification data for the one or more infrastructure wireless networks;
`
`converting, by the wireless carphonc, the digital audio to sound the method being characterised
`
`by:
`
`when the data source is not in wireless communication with the earphone, transitioning
`
`automatically, by the earphone,to receive digital audio via a first infrastructure wireless network,
`
`and recciving digital audio from the data source via the first infrastructure wireless network when
`
`the data source is not in wireless communication range with the earphonevia the ad hoc wireless
`network.
`
`20.
`
`The method of claim 19, wherein transitioning automatically by the earphone to receive
`
`digital audio via the first infrastructure wireless network comprises transitioning automatically to
`
`receive digital audio froma host severvia the first infrastructure wireless network when the data
`
`source is not in wireless communication range with the earphone via the ad hoc wireless network.
`
`21.
`
`The method of claim 19, wherein transitioning automatically by the earphoneto receive
`
`digital audio via the first infrastructure wireless network comprises:
`
`receiving, by the wireless earphone via the first infrastructure wireless network, from a host
`
`server connected to the first infrastructure wireless network, a network address for a streaming
`
`digital audio content server; and
`
`connecting, by the wireless earphone, to the streaming digital audio content server using the
`network address received from the host server.
`
`25
`
`Exhibit 1012 - p. 10
`
`Exhibit 1012 - p. 10
`
`

`

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`
`
`
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`WIRELESS|EARPHONE THAT TRANSITIONS BETWEEN WIRELESS NETWORKS
`
`Inventors: Michael J. Pelland, Michael J. Koss, Michael Sagan,
`Steven Reckamp, Greg Hollingstad, Jeff Bovee, and Morgan Lowery
`
`PRIORITY CLAIM
`
`5
`
`The present application claims priority to United States provisional application serial
`number 61/123,265,filed April 7, 2008, which is incorporated herein by reference.
`
`BACKGROUND
`
`10
`
`Digital audio players, such as MP3 players andiPods, that store and play digital audio
`files, are very popular. Such devices typically comprise a data storage unit for storing and playing
`the digital audio, and a headphoneset that connects to the data storage unit, usually with a 4”or a
`3.5 mm jack and associated cord. Often the headphonesare in-ear type headphones. The cord,
`however, between the headphones and the data storage unit can be cumbersome and annoying to
`
`users, and the length of the cord limits the physical distance between the data storage unit andthe
`
`headphones. Accordingly, some cordless headphones have been proposed, such as the Monster
`
`iFreePlay cordless headphones from Apple Inc., which include a docking port on one of the
`earphonesthat can connectdirectly to an iPod Shuffle. Because they have the dockingport,
`however, the Monster iFreePlay cordless headphones from Apple are quite large and are not in-
`
`ear type phones, Recently, cordless headphonesthat connect wirelessly via IEEE 802.11 toa
`
`WLAN-ready laptop or personal computer (PC) have been proposed, but such headphonesare
`
`also quitelarge and notin-eartypephones,a
`
`15
`
`
`
`
`
`
`
`
`
`|
`
`|
`
`faone-general-aspeet;thepresentinventionis-directedto-a-wireless-earphone-that
`
`domprises-a-transesiver-cireuit-forreeeiving-streaming-audie-fromradatasource;SUCHas adigital
`
`25
`
`30
`
`{tsperesonpunrorermatinewicketWethedatasourceandthe
`
`earphoneare out of range via the ad hoc wireless network, they may transition automatically to a
`
`common infrastructure wireless network(e.g., a wireless LAN). If there is no common
`
`infrastructure wireless network for both the data source and the earphone, the earphone may
`
`comnect via an available infrastructure wireless network to a host server. The host server may, for
`
`example, broadcast streaming audio to the earphone and/or transmit to the earphone a network
`address(e.g., an Internet Protocol (IP) address) for a network-connected content serverthat
`
`PI-2159849 vl 1284037-00271
`
`1
`
`Exhibit 1012 - p. 11
`
`Exhibit 1012 - p. 11
`
`

`

`CLAIMS
`
`Whatis claimedis:
`
`I,
`
`Anearphone comprising:
`
`a body, wherein the body comprises:
`
`-
`
`fo
`
`after ee ( Lidline, o. ersrelees mS
`)
`kyPARMAOAL Cné. with fhe
`ack hoe asreless mefesonht. one J
`ae
`ee a
`
`at least one acoustic transducerfor converting an analog electrical signal to sound;
`
`an antenna; and
`pe a transceiver circuit in communication with the at least one acoustic transducer and the
`that howe. ~
`antenna, wherein the transceivercircuit is for receiving and transmitting wireless
`canoh «f
`; He
`signals via the antenna, and whereinthe transceiver circuit ts for outputting the
`ay
`analogelectrical signal to the at least one acoustic transducer, and wherein the
`abou 2
`.
`re .
`frekcl RueNIN wireless transceiver circuit comprises firmware, which when executed bythe
`threes
`<: moh vfrexyl® (eve /transceiver circuit, causes the transceivercircuit to:
`were
`receive digital audio wirclessly from a data source via an ad hoc wireless
`
`
`network{when the data source is in wireless communication range with
`
`the
`
`earphonevia the ad hoc wireless-network;
`
`transmit data via the ad hoc wireless network to the data source regarding one
`
` yhen the earphoneand the data source are communicating via the
`
`or moreinfrastructure wireless networks detected by the transceiver
`
`ad hoe wireless network, wherein the data comprises identification data
`land-signa!-steongtindatalfor the one or more infrastructure wireless
`networks; and
`
`when the data source is not in wireless communication range withthe
`
`earphonevia the ad hoc wireless network, tansidonautomatically©_[exchiect
`receive digital audio via be infrastructure wireless network(4 a
`2,
`The earphone of claim 1, wherein the transceivercircuit comprises:
`ms
`a wireless communication module;
`a processorunit in communication with the wireless communication module;
`
`a non-volatile memoryunit in communication with the processorunit; and
`
`a volatile memory unit in communication with the processorunit.
`
`tecraen
`
`The earphone ofclaim 2, wherein the wireless communication module comprises a Wi-Fi
`3.
`communication module.
` ssn
`4_Theearphone-offay-precedingc (weerersthetransceivercircuit is for receiving \
`
`arr
`rn PRT
`;
`digital audio fromthe data source via th nfrastnactule wireless network when the data source is
`|
`not in wireless communication range with the earphone via the ad hoc wireless network.
`
`/
`
`-
`
`Exhibit 1012 - p. 12
`
`Exhibit 1012 - p. 12
`
`

`

`f
`
`Theearphone oflay-procedingstainvtec the firmware, when executed bythe
`
`©
`
`transceivercircuit, causes the transceivercircuit of the earphone to connectto a host servervia a
`
`second infrastructure wireless network when (1) the data source is not in wireless communication
`
`range with the earphonevia the ad hoc wireless network and (2) the data source and the earphone
`
`are not in wireless communicationvia thepro-sctlintrastructureSeLD
`g ww
`The earphone of dny-peecedingclain whereinthe firmware, when executed by the
`transceivercircuit, causes the transceivercircuit of the carphone to connect to a host server via
`
`the infrastructure wireless network when the data source is not in wireless communication range
`
`with the earphone via the ad hoc wireless network.
`ba.
`The earphone of claim S-or-elaing 6, wherein the earphoneis for receiving streaming
`digital audio from the host servervia the infrastructure wireless network.
`
`7£. The earphone ofhay-one-ofclaimybffaltcrcinficarphone is for receiving a first
`
`network address fora first streaming digital audio content serverfrom the host servervia the
`infrastructure wireless network.
`
`The carphoneofclaim x wherein the earphone comprises a user control that, when
`gp
`activated, causes the earphone to submit an electronic request via the infrastructure wireless
`networkto the host server for a second network address for a second streaming digital audio
`content server,
`4 Mw
`The earphone of claim Zz, wherein the user control comprises a button.
`(24.
`A system comprising:
`a wireless earphone accordingtolavgreedingcaingand
`a said data source for wirelessly transmitting streaming digital audio,
`OY.
`A system according to claim HAfurther comprising a host serverthat is in
`communication with the wireless earphone via the infrastructure wireless network.
`2
`;
`;
`;
`QO.
`( . A system according to claim Lorelaimfg,wherein the firmwareofthe transceiver
`circuit of the wircless earphone, when executed by the transceivercircuit, causes the transceiver
`
`circuit of the earphone to connectto the host servervia the infrastructure wircless network when
`
`the data sourceis not in wireless communication range with the earphonevia the ad hoc wireless
`network.
`
`(JXA: A system according to sainbean13oean-carphone-accordingtrany-one-ef
`
`~elaime-StortOwherein the host serveris for streaming digital audio to the earphonevia the
`infrastructure wireless network.
`
`A system according to bny-cne-efclaim g lo-i4-or-atrearphene-aeeording-to-anyone.
`Os,
`ofelaimeS-to-44] wherein the host serveris for transmitting a first network addressfora first
`streaming digital audio content server to the earphonevia the infrastructure wireless network.
`
`dl
`
`23
`
`Exhibit 1012 - p. 13
`
`Exhibit 1012 - p. 13
`
`

`

`if
`
`further comprising a web page for the
`te-TSy
`claim
`A systemaccording to
`.
`&
`wireless earphone through whicha useris capable of configuring one or more settingsfor the
`wireless earphone. _—Kacwalirg, PO cterinn lo,yOAR—Clein,O
`
`(S ,Vi.
`Asystem(earphone scornflrworpecineslinlinihe datasource
`comprises a digital audio player.
`acca rdng
`fy alow, ID por ar>
`
`7Gearphonsscone —~ ——
`
`Js.
`A system|¢fearphone according to dnyprecedingclainy, wherein the infrastructure
`cleanIO
`wireless network comprises a WLAN.
`t
`accaredinaf
`{<
`:
`serra .
`ye
`y
`arph
`g
`any.preceding
`!
`; nD
`:
`A system ore rphone according to
`:
`clainy wherein the infrastructure
`;
`wireless network is a pre-sét infrastructure wireless network that the data source transitions to
`
`whenthe data source is not in wireless communication range with the earphone via the ad hoc
`wireless network and whenthe pre-set infrastructure wireless network is in range of both the
`
`
`
`nokctedeel J
`insert
`(4
`A—_
`G
`earphone and the data source.
`the
`pO
`AA methodfomprisingy
`receiving, byfwireleeSearphone,via aff'ad hoe wireless network, digital audio from a data
`
`source when the data source is in wireless communication with the earheearphone via the
`
`sn85CONT via
`)
`_—£Stes cnred|ee Sorprare;
`ad hoc wireless network;
`
`
`nsec
`mee
`transmitting data (via the ad hoe wireless networkto the data source regarding one or more
`
`
`
`
`and the data source are communicating via the ad hoe wireless nctwork, wherein the
`
`data comprises identification data dnd-signalstrengthdatafor the one or more
`po
`
`whenthe data source is not in wireless communication with the earphone, ansitioning
`automatically, by the earphone,to receive digital audio viaag
`infra’
`re ifeless
`network, awck re Ceving
`2}.__-Fhe-method-ofclaim20;whereintransitioningautomatically-by-the-carphone-to-receive
`
`
`{iettalaudio-vie-en-infrastractarewireless Wetworkconpripesfransitioningautomaticallytofeceivadigital audio from the data source via dondedictwireless network whenthe data
`source is not in wireless communication range with the earphone via the ad hoc wireless network.
`10 . The method ofclaim 24,herein transitioning automatically bythe earphoneto receive
`digitalaudioviaaffinfia trudewirelessnetworkcomprisestransitioningautomaticallyto
`receive digital audio froma host severviath mee wireless network when the data
`source is not in wireless communication range with the earphone via the ad hoc wireless network.
`al DB
`The method ofclaim 2 herein transitioning automatically bythe earphoneto receive
`digital audio via wsfintrallSerireAEless network comprises:
`receiving, by the wireless earphone viathe|rattleture wireless network, from a host server
`conneeted to ‘ae wireless network, anetworkaddress forastreaming
`catpe
`
`Exhibit 1012 - p. 14
`
`Exhibit 1012 - p. 14
`
`

`

`digital audio content server; and
`
`connecting, by the wireless earphone, to the streaming digital audio content server using the
`network address received from the host server.
`
`25
`
`Exhibit 1012 - p. 15
`
`Exhibit 1012 - p. 15
`
`

`

`des brevets
`
`Europgisches
`Patentamt
`European
`Patent Office
`Office européen
`
`Acknowledgementofreceipt
`
`We hereby acknowledge rec