PTO-1390 (Rev. 09-08)
`Approved for use through 2/28/2010. OMB 0651-0021
`U.S. Patent and Trademark Office; U.S, DEPARTMENT OF COMMERCE
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`TRANSMITTAL LETTER TO THE UNITED STATES
`
`DESIGNATED/ELECTED OFFICE (DO/EO/US)
`CONCERNING A SUBMISSION UNDER 35 U.S.C. 371
`
`
`
`
`
`
`PRIORITY DATE CLAIMED
`07 April 2008
`
`INTERNATIONAL FILING DATE
`07 April 2009
`
`
`
`
`
`
`
`
`
`
`
`INTERNATIONAL APPLICATION NO.
`
`PCT/US2009/039754
`TITLE OF INVENTION
`WIRELESS EARPHONE THAT TRANSITIONS BETWEEN WIRELESS NETWORKS
`
`
`APPLICANT(S) FOR DO/EO/US
`Michael J. Pelland, Michael J. Koss, Michael Sagan, Steven Reckamp, Greg Hollingstad, Jeff Bovee, Morgan Lowery
`Applicant herewith submits to the United States Designated/Elected Office (DO/EO/US)thefollowing items and other information:
`1.
`[v] This is a FIRST submission of items concerning a submission under 35 U.S.C. 371.
`2. L] This is a SECOND or SUBSEQUENT submission of items concerning a submission under 35 U.S.C. 371.
`CO This is an express request to begin national examination procedures (35 U.S.C. 371(f)). The submission mustinclude items
`(5), (6), (9) and (21) indicated below,
`
`
`
` (]
`
`(YJ The US has been elected (Article 31).
`A copy of the International Application as filed (35 U.S.C. 371(c)(2))
`a, i is attached hereto (required only if not communicated by the International Bureau).
`b. [J has been communicated by the International Bureau.
`
`
`
`c.
`
`is not required, as the application wasfiled in the United States Receiving Office (RO/US).
`
`An English languagetranslation of the International Application as filed (35 U.S.C. 37 1(c)(2)).
`a.
`im}
`is attached hereto.
`b.
`[ai] has been previously submitted under 35 U.S.C. 154(d)(4).
`Amendments to the claims ofthe International Application under PCT Article 19 (35 U.S.C. 371(c)(3))
`a. CJ
`are attached hereto (required only if not communicated by the International Bureau).
`b.
`have been communicated by the International Bureau.
`c. C) have not been made; however, the timelimit for making such amendments has NOT expired.
`d. CJ have not been made andwill not be made.
`
`An English languagetranslation of the amendmentsto the claims under PCT Article 19 (35 U.S.C. 371(c¢)(3)).
`
`An oath or declaration of the inventor(s) (35 U.S.C. 371(c)(4)).
`
`An English languagetranslation of the annexes of the International Preliminary Examination Report under PCT
`Article 36 (35 U.S.C. 371(c)(5)).
`
`items 11 to 20 below concern document(s) or information included:
`
`OoOoooosoR
`
`An Information Disclosure Statement under 37 CFR 1.97 and 1.98.
`
`An assignment document for recording. A separate cover sheet in compliance with 37 CFR 3.28 and 3.31 is included.
`
`A preliminary amendment.
`
`An Application Data Sheet under 37 CFR 1.76.
`
`A substitute specification.
`
`A power of attorney and/or changeof address letter.
`
`A computer-readable form of the sequence listing in accordance with PCT Rule 13ter.3 and 37 CFR 1.821- 1.825.
`
`A second copyof the published International Application under 35 U.S.C. 154(d)(4).
`
`Asecond copy of the English languagetranslation of the international application under 35 U.S.C. 154(d)(4).
`
`This collection of information is required by 37 CFR 1.414 and 1.491-1.492, The information is required to obtain or retain a b enefit by the public, which is to file (and by the
`USPTOto pro cess) an application . Confidentiality is govemed by 35 U.S.C. 122 and37 CFR 1.11 and 1.14. This collection is estimated to take 15 minutes to complete,
`including gathering information, preparing, and submitting the completed form to the USPTO. Time will vary depending upontheindividual case. Any comments on the amount
`of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S, Patent and Trademark Office, U.S.
`Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEE S OR COMPLE TED FORMS TO THIS ADDRESS, SEND TO: Mall Stop PCT,
`Commissioner for Patents, P,O, Box 1450, Alexandria, VA 22313-1450,
`Page 1 of 3
`
`Exhibit 1014 - p. 1
`
`Bose Exhibit 1014
`
`Bosev. Koss
`
`

`

`PTO-1290 (Rev, 05-08)
`Approved for use through 2/28/2010. OMB 0651-0021
`U.S, Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of Information unlessIt displays a valid OMB control number.
`U.S. APPLICATION NO, (if known, see 37 CFR 1.5)
`INTERNATIONAL APPLICATION NO.
`ATTORNEY'S DOCKET NUMBER
`PCT/US2009/039754
`080188PCTUS
`
`20.
`
`Other items or information:
`
`Thefollowing fees have been submitted
`Basic nationalfee (37 CFR 1.492(a))......0 ccc cscs cec csc ceccssse ces essne
`Examination fee (37 CFR 1.492(c))
`
`21.
`22,
`
`CALCULATIONS
`PTO USE ONLY
`5 330.00 —,
`
`lf the written opinion prepared by ISA/US or the international preliminary examination report prepared
`by IPEA/US indicates all claims satisfy provisions of PCT Article 33(1)-(4)............
`JAI otter SPAS. «ai csaircesccenes se cnncg
`acto ec kee bth
`edet dew eed PLP SEG Ras M
`Ea
`teases oenn nay
`
`Search fee (37 CFR 1.492(b))
`[1
`23.
`lf the written opinion of the ISA/US or the International preliminary examination report prepared by
`IPEA/US indicates all claims satisfy provisions of PCT Article 33(1)-(4),................ $0
`Search fee (37 CFR 1.445(a)(2)) has been paid on the intemational application to the USPTO as an
`International Searching Authority... 220.000.020.000. ect eee 6100
`International Search Report prepared by an ISA ather than the US and provided to the Office or
`previously communicated to the US by the IB... oo ccc ce cs pnteepenesenvarsareerrner SATO
`
`
`All ORF SITUATIONS... .ncacecintiieninns mains sevina in 44 invetoierweesve ba sajtnncea coy teed
`
`
`charged
`
`Ol Additional fee for specification and drawings filed in paper over 100 sheets (excluding sequence
`listing in compliance with 37 CFR 1.821(c) or (e) in an electronic medium or computer
`programlisting in an electronic medium) (37 CFR 1.492(j)).
`The fee is $270 for each additional 50 sheets of pape
`i
`
`Total Sheets
`
`Extra Sheets
`
`Number of each additional 50 or fraction
`thereof (round up to a whole number
`
`Surcharge of $130.00 for furnishing any of the search fee, examination fee, or the oath or declaration
`after the date of commencement ofthe national stage (37 CFR 1.492(h)).
`CLAIMS
`NUMBER FILED
`NUMBER EXTRA
`
`RATE
`
`1270
`
`Total claims
`
`33
`
`Independentclaims
`
`Applicant claims small entity status. See 37 CFR 1.27. Fees above are reduced by %4.
`SUBTOTAL =
`
`Processing fee of $130.00 for furnishing the English translation later than 30 months from the earliest
`claimed priority date (37 CFR 1.492(i)).
`TOTAL NATIONAL FEE =|5 663.00
`
`Fee for recording the enclosed assignment (37 CFR 1.21(h)). The assignment must be accompanied
`by an appropriate cover sheet (37 CFR 3.28, 3.31). $40.00 per property
`+
`
`TOTAL FEES ENCLOSED =|$ 663.00
`Amountto be
`refunded:
`Amount to be
`
`Page 2 of 3
`
`Exhibit 1014 - p. 2
`Exhibit 1014 - p. 2
`
`

`

`PTO-1390 (Rey, 09-08)
`Approved for use (hrough 2/28/2010. OMB 0651-0021
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1955, no persons are required lo respond to a collection of information unless it displays a valld OMB contro) number,
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`A check in the amount of $
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`The Commissioneris hereby authorized to charge any additional fees which may be required, or credit any overpayment to Deposit
`Account No, 11-7110
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`
`Fees are to be charged to a credit card. WARNING: Information on this form may become public. Credit card information should not
`be included on this form. Provide credit card information and authorization on PTO-2038, The PTO-2036 should only be mailed or faxed
`to the USPTO. However, when paying the basic national fee, the PTO-2038 may NOT befaxed to the USPTO.
`
`ADVISORY:if filing by EFS-Web, do NOT attach the PTO-2038 form as a PDF along with your EFS-VWeb submission. Please be
`advised that this is not recommended and by doing so your credit card information may be displayed via PAIR. To protect your
`information, it is recommended paying fees online by using the electronic payment method,
`
`NOTE: Where an appropriate time limit under 37 CFR 1,495 has not been met, a petition to revive (37 CFR 1.137(a) or (b)) must be filed
`and granted to restore the International Application to pending status.
`
`Customer No. 26285
`
`SEND ALL CORRESPONDENCETO: OAlaMe Pr ‘
`
`
`
`Mark G. Knedeisen, Esquire
`SIGNATURE
`K&L Gates LLP
`Mark G. Knedeisen
`K&L Gates Center
`NAME
`210 Sixth Avenue
`42,747
`Pittsburgh, PA 15222-2613
`REGISTRATION NUMBER
`
`Page 3 of 3
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`Exhibit 1014 - p. 3
`Exhibit 1014 - p.3
`
`

`

`PTO-1390 (Rev, 09-08)
`Approved for use through 2/28/2010. OMB 0851-0021
`U.S, Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Unter ihe Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`
`TRANSMITTAL LETTER TO THE UNITED STATES
`DESIGNATEDIELECTEDOFFICE (DO/EO/US)
`CONCERNING A SUBMISSION UNDER 35 U.S.C. 371
`INTERNATIONAL APPLICATION NO,
`INTERNATIONAL FILING DATE
`a7 Api 2009
`
`S.
`
`TION NO.
`
`N
`
`37 CFR 1.5
`
`PRIORITY DATE CLAIMED
`07 Apr2008
`
`TITLE OF INVENTION
`WIRELESS EARPHONE THAT TRANSITIONS BETWEEN WIRELESS NETWORKS
`APPLICANT(S) FOR DO/EO/US
`Michael J. Pelland, Michael J. Koss, Michael Sagan, Steven Reckamp, Greg Hollingstad, Jeff Bovee, Morgan Lowery
`Applicant herewith submits to the United States Designated/Elected Office (DO/EO/US) the following items and other information:
`
`Oooooono0s8 Asecand copy of the English languagetranslation of the intemational application under 35 U.S.C. 154(d)(4). This collection of information |s required by 37 CFR 1.414 and 1.491-1 492. The informationis required to obtain or retain a b enefil by the public, which is to file (and by the
`
`1.
`This is a FIRST submission of items conceming a submission under 35 U.S.C, 371.
`2. CI] This is a SECOND or SUBSEQUENT submissionofitems conceming a submission under 35 U.S.C. 371.
`' C This is an express request fo begin national examination procedures (35 U.S.C. 371(f)), The submission mustinclude items
`(5), (6), (9) and (21) indicated below,
`
`4
`
`The US has been elected (Article 31)
`
`iw A copy ofthe International Application as filed (35 U.S.C. 371(c)(2))
`a | is attached hereto (required only if not communicated by the International Bureau),
`b. C] has been communicated by the Intemational Bureau,
`c,
`is not required, as the application wasfiled in the United Stales Receiving Office (RO/US),
`
`An English languagetranslation of the International Application as filed (35 U.S.C. 37 1(c)(2)),
`a, C] is attached hereto,
`b, LJ has been previously submitted under 35 U.S.C. 154(d)(4).
`Amendments to the claims of the International Application under PCT Artide 19 (35 U.S.C. 374(c)(3))
`
`a.
`
`b.
`
`c
`
`a.
`
`are attached hereto (required only if not communicated by the International Bureau).
`
`have been communicated by the Intemational Bureau.
`
`have not been made; however, the time limit for making such amendments has NOT expired.
`
`have not been made andwill not be made.
`
`An English languagetranslation of the amendmentsto the claims under PCT Article 19 (95 U.S.C. 37 1(¢)(3)).
`
`An oath or declaration of the inventor(s) (35 U.S.C. 371(c)(4)).
`
`nog An English languagetranslation of the annexes of the International Preliminary Examination Report under PCT
`
`Article 36 (35 U.S.C. 371(c)(5)).
`
`Items 11 to 20 below concern document(s) or information included:
`An information Disclosure Statement under 37 CFR 1.97 and 1.98.
`
`An assignment documentfor recording. A separate cover sheet in compliance with 37 CFR 3.28 and 3.31 is included,
`
`A preliminary amendment.
`
`An. Application Data Sheet under 37 GFR 1.76.
`
`A substitute specification.
`
`A powerof attorney and/or change of address letter,
`
`A computer-readable form of the sequencelisting in accordance with PCT Rule 13ter.3 and 37 CFR 1.821- 7.825.
`
`A second copy of the published International Application under 35 U.S.C. 154(d)(4).
`
`USPTO to pro cess) an application . Confidentiality Is govemed by 35U.8.C. 122 and37CFR 1.14 and 1.14, This collection is estimated to take 15 minutes to complete
`including gathering information, preparing, and submitting the completed form to the USPTO. Timewill vary depending upon the individual case, Any comments on the amount
`of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S, Patent and Trademark Office, U_S_
`Department of Commerce, P.O. Box 1450, Alexandria, VA 22312-1450. DO NOT SEND FEE S OR COMPLE TED FORMS TO THIS ADDRESS, SEND TO: Mail Stop PCT,
`Commissionerfor Patents, P.O, Box 1450, Alexandria, VA 22313-1450,
`Page 1 of 3
`
`Exhibit 1014 - p. 4
`Exhibit 1014 - p. 4
`
`Bose Exhibit 1014
`
`Bosev. Koss
`
`

`

`PTO-1290 (Rev, 05-08)
`Approved for use through 2/28/2010. OMB 0651-0021
`U.S, Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of Information unlessIt displays a valid OMB control number.
`U.S. APPLICATION NO, (if known, see 37 CFR 1.5)
`INTERNATIONAL APPLICATION NO.
`ATTORNEY'S DOCKET NUMBER
`PCT/US2009/039754
`080188PCTUS
`
`20.
`
`Other items or information:
`
`Thefollowing fees have been submitted
`Basic nationalfee (37 CFR 1.492(a))......0 ccc cscs cec csc ceccssse ces essne
`Examination fee (37 CFR 1.492(c))
`
`21.
`22,
`
`CALCULATIONS
`PTO USE ONLY
`5 330.00 —,
`
`lf the written opinion prepared by ISA/US or the international preliminary examination report prepared
`by IPEA/US indicates all claims satisfy provisions of PCT Article 33(1)-(4)............
`JAI otter SPAS. «ai csaircesccenes se cnncg
`acto ec kee bth
`edet dew eed PLP SEG Ras M
`Ea
`teases oenn nay
`
`Search fee (37 CFR 1.492(b))
`[1
`23.
`lf the written opinion of the ISA/US or the International preliminary examination report prepared by
`IPEA/US indicates all claims satisfy provisions of PCT Article 33(1)-(4),................ $0
`Search fee (37 CFR 1.445(a)(2)) has been paid on the intemational application to the USPTO as an
`International Searching Authority... 220.000.020.000. ect eee 6100
`International Search Report prepared by an ISA ather than the US and provided to the Office or
`previously communicated to the US by the IB... oo ccc ce cs pnteepenesenvarsareerrner SATO
`
`
`All ORF SITUATIONS... .ncacecintiieninns mains sevina in 44 invetoierweesve ba sajtnncea coy teed
`
`
`charged
`
`Ol Additional fee for specification and drawings filed in paper over 100 sheets (excluding sequence
`listing in compliance with 37 CFR 1.821(c) or (e) in an electronic medium or computer
`programlisting in an electronic medium) (37 CFR 1.492(j)).
`The fee is $270 for each additional 50 sheets of pape
`i
`
`Total Sheets
`
`Extra Sheets
`
`Number of each additional 50 or fraction
`thereof (round up to a whole number
`
`Surcharge of $130.00 for furnishing any of the search fee, examination fee, or the oath or declaration
`after the date of commencement ofthe national stage (37 CFR 1.492(h)).
`CLAIMS
`NUMBER FILED
`NUMBER EXTRA
`
`RATE
`
`1270
`
`Total claims
`
`33
`
`Independentclaims
`
`Applicant claims small entity status. See 37 CFR 1.27. Fees above are reduced by %4.
`SUBTOTAL =
`
`Processing fee of $130.00 for furnishing the English translation later than 30 months from the earliest
`claimed priority date (37 CFR 1.492(i)).
`TOTAL NATIONAL FEE =|5 663.00
`
`Fee for recording the enclosed assignment (37 CFR 1.21(h)). The assignment must be accompanied
`by an appropriate cover sheet (37 CFR 3.28, 3.31). $40.00 per property
`+
`
`TOTAL FEES ENCLOSED =|$ 663.00
`Amountto be
`refunded:
`Amount to be
`
`Page 2 of 3
`
`Exhibit 1014 - p. 5
`Exhibit 1014 - p. 5
`
`

`

`PTO-1390 (Rey, 09-08)
`Approved for use (hrough 2/28/2010. OMB 0651-0021
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1955, no persons are required lo respond to a collection of information unless it displays a valld OMB contro) number,
`
`A check in the amount of $
`
`to cover the above fees is enclosed.
`
`Please charge my Deposit Account No. 11-1110
`
`in the amount of $663.00
`
`to cover the above fees.
`
`The Commissioneris hereby authorized to charge any additional fees which may be required, or credit any overpayment to Deposit
`Account No, 11-7110
`’
`
`Fees are to be charged to a credit card. WARNING: Information on this form may become public. Credit card information should not
`be included on this form. Provide credit card information and authorization on PTO-2038, The PTO-2036 should only be mailed or faxed
`to the USPTO. However, when paying the basic national fee, the PTO-2038 may NOT befaxed to the USPTO.
`
`ADVISORY:if filing by EFS-Web, do NOT attach the PTO-2038 form as a PDF along with your EFS-VWeb submission. Please be
`advised that this is not recommended and by doing so your credit card information may be displayed via PAIR. To protect your
`information, it is recommended paying fees online by using the electronic payment method,
`
`NOTE: Where an appropriate time limit under 37 CFR 1,495 has not been met, a petition to revive (37 CFR 1.137(a) or (b)) must be filed
`and granted to restore the International Application to pending status.
`
`Customer No. 26285
`
`SEND ALL CORRESPONDENCETO: OAlaMe Pr ‘
`
`
`
`Mark G. Knedeisen, Esquire
`SIGNATURE
`K&L Gates LLP
`Mark G. Knedeisen
`K&L Gates Center
`NAME
`210 Sixth Avenue
`42,747
`Pittsburgh, PA 15222-2613
`REGISTRATION NUMBER
`
`Page 3 of 3
`
`Exhibit 1014 - p. 6
`Exhibit 1014 - p. 6
`
`

`

`THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`PATENT
`
`Applicant:—Pelland et el. ) Examiner: TBD
`
`)
`)
`)
`)
`
`Serial Na.:
`
`TBD
`
`Filing Date: TBD
`
`
`
`Art Unit: TBD
`
`Atty. Docket No. 080188PCTUS
`
`Title: WIRELESS EARPHONE THAT TRANSITIONS BETWEENWIRELESS
`NETWORKS
`
`PRELIMINARY AMENDMENT
`
`K&L Gates LLP
`Pittsburgh, PA 15222
`October 5, 2010
`
`Mail Stop PCT
`Commissioner for Patents
`Box 1450
`
`Alexandria, VA 22313-1450
`
`DearSir:
`
`Prior to examination and prior to determination of the applicable application filing fees,
`
`please amend the above-referenced application as follows, wherein:
`
`Claim Amendments begin on page 2; and
`
`Remarks begin on page 9.
`
`PI-2445241 vi
`
`Exhibit 1014 - p. 7
`Exhibit 1014 - p. 7
`
`

`

`Amendments to the Claims
`
`Please amend the claims as follows. This listing of claims will replaceall prior versions
`
`Atty. Docket No. O80188PCTUS
`
`and listing of claims in the application.
`
`1-47. (Canceled)
`
`AB.
`
`An earphone comprising:
`
`a body, wherein the body comprises:
`
`at least one acoustic transducerfor converting an analog electrical signa! to sound;
`
`an antenna; and
`
`a transceivercircuit in communication with the at least one acoustic transducer and the
`
`antenna, whereinthe 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 transceivercircuit
`
`comprises firmware, which when executed by the transceivercircuil, causes the
`
`transceiver circuit to:
`
`receive digital audio wirelessly from a data source via an ad hoc wireless network
`
`whenthe 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
`
`moreinfrastructure wireless networks detected by the transceivercircuit when
`
`the earphone and the data source are communicating via the ad hoc wireless
`
`network, wherein the data comprises identification data and signal strength
`
`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 hoe wireless network, transition automatically to receive digital
`
`audio via an infrastructure wireless network.
`
`49,
`
`The earphone of claim 48, wherein the data source comprises a digital audio player.
`
`50.
`
`The earphone of claim 48, wherein the transceiver circuit comprises:
`
`Exhibit 1014 - p. 8
`Exhibit 1014 - p. 8
`
`

`

`Atty. Docket No. O80188PCTUS
`
`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 processorunit.
`
`51.
`
`The earphone of claim 50, wherein the wireless communication module comprises a Wi-
`
`Fi communication module,
`
`52.
`
`The earphone ofclaim 48, wherein the infrastructure wireless network comprises a
`
`WLAN,
`
`53.
`
`The earphone of claim 48, wherein the transceivercircuit is for recetving digital audio
`
`from the data source via the infrastructure wireless network when the data source is not in
`
`wireless communication range with the earphonevia the ad hoc wireless network,
`
`54.
`
`The earphoneof claim 53, wherein the infrastructure wireless network is a pre-set
`
`infrastructure wireless network that the dala source transitions to when the data source is 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 earphone andthe data source.
`
`35,
`
`The earphoneof claim 48, whercin the firmware, when executed by the transceiver
`
`circuit, causes the transceivercircuit of the earphone to connect to a host server via a second
`
`infrastructure wireless network when (1) the data source 1s not in wireless communication range
`
`with the earphone via the ad hoe wireless network and (2) the data source and the earphoneare
`
`not in wireless communication via thepre-set infrastructure wireless network.
`
`56.
`
`The earphone of claim 48, wherein the firmware, when executed by the transceiver
`
`circuit, causes the transceiver circuit of the earphone 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.
`
`lo
`
`Exhibit 1014 - p. 9
`Exhibit 1014 - p. 9
`
`

`

`Atty, Docket No, OSO188PCTUS
`
`57.
`
`The earphone of claim 56, wherein the earphoneis for receiving streaming digital audio
`
`from the host server via the infrastructure wireless network.
`
`58.
`
`The earphoneof claim 56, wherein the earphoneis for receiving a first network address
`
`for a first streaming digital audio content server fromthe host server via the infrastructure
`
`wireless network,
`
`359,
`
`The earphone of claim 58, wherein the earphone comprises a user control that, when
`
`activated, causes the carphone 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,
`
`60.
`
`The earphone of claim 59, wherein the user control comprises a button.
`
`61.
`
`A system comprising:
`
`a data source for wirelessly transmitting streamingdigital audio: and
`
`a wireless earphone that comprises:
`
`at least one acoustic transducer for converting an analog electrical signal to sound;
`
`an antenna; and
`
`a transceivercircuit in communicationwith theat least one acoustic transducerand the
`
`antenna, wherein the transceivercircuit is for receiving and transmitting wireless signals
`
`via the antenna, and wherein the transceivercircuit is for outputting the analog electrical
`
`signal to the at least one acoustic transducer, and wherein the wireless transceiver circuit
`
`comprises firmware, which when executed by the transceivercircuit, causes the
`
`transceiver circuit to:
`
`receive the streaming digital audio wirelessly from the data source via an ad hoc
`
`wireless network whenthe 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 transceiver circuit when
`
`the earphone and the data source are communicating via the ad hoc wireless
`
`Exhibit 1014 - p. 10
`Exhibit 1014 - p. 10
`
`

`

`Atty. Docket No, O8018SPCTUS
`
`network, wherein the data comprises identification data and signal strength
`
`data for the one or more infrastructure wireless networks; and
`
`whenthe data source is not in wireless communication range with the earphone
`
`via the ad hoc wireless network, transition automatically to receive streaming
`
`digital audio via an infrastructure wireless network.
`
`62.
`
`The system of claim 61, wherein the data source comprises a digital audio player.
`
`63.
`
`The system of claim 61, further comprising a host server that is in communication with
`
`the wireless earphone via the infrastructure wireless network.
`
`64.
`
`The system of claim 63, wherein the firmware ofthe transceivercircuit of the wireless
`
`earphone. when executed by the transceiver circuit, causes the transceivercircuit ofthe earphone
`
`to connect to the host servervia the infrastructure wireless network when the data source is not
`
`in wireless communication range with the earphone via the ad hoc wireless network.
`
`65.
`
`The system of claim 63, wherein the host serveris for streaming digital audio ta the
`
`earphonevia the infrastructure wireless network.
`
`66.
`
`The system ofclaim 63, whereinthe host server is for transmitting a first network address
`
`for a first streaming digital audio content server to the earphonevia the infrastructure wireless
`
`network
`
`67.
`
`The system of claim 66, wherein the earphone comprises a user control that, when
`
`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.
`
`68.
`
`The earphone ofclaim 67, wherein the user control comprises a button.
`
`La
`
`Exhibit 1014 - p. 11
`Exhibit 1014 - p. 11
`
`

`

`Atty, Docket No, O8O188PCTUS
`
`69,
`
`The system of claim 64, further comprising a web page for the wireless earphone through
`
`whicha user is capable of configuring one or more settings for the wireless earphone.
`
`7).
`
`The system of claim 61, wherein the infrastructure wireless network comprises a WLAN.
`
`71.
`
`The system of claim 61, wherein the firmware, when executed by the infrastructure
`
`wireless network is a pre-set 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
`
`earphone and the data source.
`
`72.
`
`The system of claim 61, wherein the firmware, when executed by thetransceiver circuit,
`
`causes the transceiver circuit of the earphone to connect to a host server via a second
`
`infrastructure wireless network when (1) the data source is not in wireless communication range
`
`with the earphone via the ad hoe wireless network and (2) the data source and the earphoneare
`
`not in wireless communication via the pre-set infrastructure wireless network.
`
`73.
`
`The system of claim 72, wherein the host server is for streaming digital audio to the
`
`earphone via the infrastructure wireless network.
`
`74,
`
`The system of claim 72, wherein the host serveris for transmitting a first network address
`
`for a first streaming digital audio content server to the earphonevia the infrastructure wireless
`
`network
`
`75.
`
`The system of claim 74, wherein the earphone comprises a user control 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.
`
`76
`
`The earphone of claim 75, wherein the user contro] comprises a button.
`
`6
`
`Exhibit 1014 - p. 12
`Exhibit 1014 - p. 12
`
`

`

`Atty. Docket No. 0K0188PCTLIS
`
`77.
`
`Amethod comprising:
`
`receiving, by a wireless earphone, via an 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 via the ad hoc wireless network to the data source regarding one or more
`
`infrastructure wireless networks detected bythe transceiver circuit when the earphone and
`
`the data source are communicating via the ad hoe wireless network, wherein the data
`
`comprises identification data and signal strength data for the one or more infrastructure
`
`wireless networks;
`
`converting, by the wireless earphone, the digital audio to sound; and
`
`whenthe data source is not in wireless communication with the earphone,transitioning
`
`automatically, by the earphone,to receive digital audio via an infrastructure wireless
`
`network.
`
`78.
`
`The method of claim 77, wherein transitioning automatically by the earphoneto receive
`
`digital audio via an infrastructure wireless network comprises transitioning automatically to
`
`receive digital audio from the data source via an infrastructure wireless network when the data
`
`source is not in wireless communication range with the earphone via the ad hoc wireless
`
`network.
`
`79.
`
`The methodof claim 77, whereintransitioning automatically by the earphoneto receive
`
`digital audio via an infrastructure wireless network comprises transitioning automatically to
`
`receive digital audio from a host severvia the infrastructure wireless network whenthe data
`
`source is not in wireless communication range with the earphone via the ad hoe wireless network
`
`80.
`
`The method of claim 77, wherein transitioning automatically by the earphoneto receive
`
`digital audio via an infrastructure wireless network comprises:
`
`receiving, by the wireless earphonevia the infrastructure wireless network, from a host server
`
`connected to the infrastructure wireless network, a network address for a streaming digital
`
`audio content server; and
`
`Exhibit 1014 - p. 13
`Exhibit 1014 - p. 13
`
`

`

`connecting, by the wireless earphone, to the streaming digital audio content server using the
`
`network address received fromthe host server,
`
`Atty. Docket No, O80188PCTUS
`
`Exhibit 1014 - p. 14
`Exhibit 1014 - p. 14
`
`

`

`Atty. Docket No. O80188PCTUS
`
`Claims 1-47 have been canceled and new claims 48-80 have been added. Support for the
`
`new claims may be found throughout the application as originally filed.
`
`REMARKS
`
`A representative of the Office is invited to contact the undersigned with any questions
`
`regarding this application,
`
`Respectfully submitted,
`
`Date: October 5, 2010 Met
`
`
`
`Mark G. Knedeisen
`Reg, No. 42,747
`
`K&L GATES LLP
`K&LGates Center
`210 Sixth Avenue
`Pittsburgh, Pennsylvania 15222
`
`(412) 355-6342
`Ph.
`Fax (412) 355-6501
`email: mark.knedeisen@klgates.com
`
`9
`
`Exhibit 1014 - p. 15
`Exhibit 1014 - p. 15
`
`

`

`PATENT080188PCTUS
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant: Pelland et al.
`
`)
`
`Examiner: TBD
`
`Serial No.:
`
`TBD
`
`Art Unit: TBD
`
`Filing Date: October 5, 2010
`
`Atty. Docket No. 080188PCTUS
`
`Title :
`
`WIRELESS EARPHONE THAT TRANSITIONS BETWEEN WIRELESS
`NETWORKS
`
`INFORMATION DISCLOSURE STATEMENT
`
`Mail Stop: Amendment
`Commissioner for Patents
`Box 1450
`Alexandria, VA 22313-1450
`
`Dear Sir:
`
`Applicants, in accordancewith their duty of disclosure pursuantto 37 C.F.R.
`§ 1.56, hereby advise the United States Patent and Trademark Office of the references
`listed on the accompanying forms PTO/SB/08A and PTO/SB/O8B. Copiesof the non-
`U.S. patent documents, if any, are enclosed.
`Applicants note that although the cited references may berelevantto the
`examination of the above-referenced application, under 37 C.F.R. § 1.97(h),thefiling of
`this Information Disclosure Statement “shall not be construed to be an admissionthat
`the informationcited in the statementis, or is considered to be, material to patentability
`as defined in § 1.56(b).” Applicants further note that the filing of this Information
`Disclosure Statementis not an admission that the references cited herein constitute
`prior art under 35 U.S.C. §§ 102-103 with respectto the captioned application.
`Applicants submit that no additional fee is necessary for considerationofthis
`Information Disclosure Statement under 37 C.F.R. § 1.97(b)(1). Nevertheless, the
`Office is hereby authorized to charge Account No. 11-1110 for any fees necessary for
`consideration of this Information Disclosure Statement.
`
`Date: Oct S Zefo
`
`
`
`K&L GATES LLP
`210 Sixth Avenue
`Pittsburgh, PA 15222
`Customer No. 26285
`PI-2446334 vi
`
`Respectfully submitted,
`
`Ma
`
`Mark G. Knedeisen
`Reg. No. 42,747
`
`Ph. (412) 355-6342
`Fax (412) 355-6501
`
`Exhibit 1014 - p. 16
`Exhibit 1014 - p. 16
`
`

`

`PTO/SB/08a (07-09)
`Approved for use through