To the European Patent Office
`
`Europiisches
`Patentamt
`European
`Patenwffice
`Office européen
`
`des brevets
`
`Entry into the European phase
`(EPO as designated or elected Office)
`
`European application number
`EPO9731146.8
`
`PCT application number
`PCT/US2009/039754
`
`PCT publication number
`W02009126614
`
`Applicant's or representative's reference
`SJP/FP6724736
`
`International Filing Date
`07.04.2009
`
`International Search Authority (ISA)
`US
`
`International Preliminary Examination Authority (IPEA)
`Other
`
`1. Applicant
`Indications concerning the applicant(s) are contained in the international
`publication or were recorded by the International Bureau after the international
`publication.
`Changes which have not yet been recorded by the International Bureau are set
`out here:
`
`2. Representative
`This is the representative who will be listed in the Register of European Patents
`and to whom notifications will be made
`
`Z
`
`
`
`
`
`Representative 1
`
`Name: PARRY Simon
`
`Company: MEWBURN ELLIS LLP
`
`Address of place of business: 33 Gutter Lane
`
`London, Greater London, ECZV 8A8
`
`United Kingdom
`
`Telephone: +44 161 247 7722
`Fax: +44 20 7776 5399
`
`e-mail: mail@mewburn.com
`
`3. Authorisation
`An individual authorisation is attached.
`
`
`
`
`The authorisation filed with the EPO as PCT receiving Office expressly includes
`
`the European phase.
`
`
`
`A general authorisation has been registered under No:
`
`A general authorisation has been filed, but not yet registered.
`
`4. Request for examination
`Examination ofthe application under Art. 94 EPC is hereby requested. The
`examination fee is being (has been, will be) paid.
`Request for examination in an admissible non-EPO language:
`
`
`
`
`
`||||><l
`
`
`The applicant waives his right to be asked under Rule 70(2) EPC whether he
`
`wishes to proceed further with the application.
`
`5. Copies
`Additional copies of the documents cited in the supplementary European search
`report are requested.
`
`Number of additional sets of copies
`
`6. Documents intended for proceedings before the EPO
`Number of claims on entry into the European phase:
`6.1 Proceedings before the EPO as designated Office (PCT I) are to be based on
`the following documents:
`the application documents published by the International Bureau (with all claims,
`description and drawings), where applicable with amended claims under Art. 19
`PCT
`
`unless replaced by the amendments attached.
`
`23
`
`D
`
`D
`
`_
`_
`EXhlblt 1010 - p. 1
`
`Bose Exhibit 1010
`Bose v_ KOSS
`
`Exhibit 1010 - p. 1
`
`

`

`Where necessary, clarifications should be attached as ‘Other documents‘
`6.2 Proceedings before the EPO as elected Office (PCT II) are to be based on the
`following documents:
`the documents on which the international preliminary examination report is based,
`including any annexes
`unless replaced by the amendments attached.
`
`Where necessary, clarifications should be attached as ‘Other documents‘
`If the EPO as International Preliminary Examining Authority has been supplied
`with test reports, these may be used as the basis of proceedings before the EPO.
`7. Translations
`
`Translations in one of the official languages of the EPO (English, French, German)
`are attached as crossed below:
`
`
`
`MN
`
`
`
`
`
`
`* in proceedings before the EPO as designated or elected Ofi’ice (PCT/ + ll):
`Translation of the international application (description, claims, any text in the
`drawings) as originally filed, of the abstract as published and ofany indication
`under Rule 13bis.3 and 13bis.4 PCT regarding biological material
`Translation of the priority application(s) (to be filed only at the EPO's request,
`Rule 53(3) EPC)
`It is hereby declared that the international application as originally filed is a
`complete translation of the previous application (Rule 53(3) EPC)
`* in addition, in proceedings before the EPO as designated Ofi‘ice (P077):
`Translation of amended claims and any statement under Art. 19 PCT, ifthe
`claims as amended are to form the basis for the proceedings before the EPO
`(see Section 6).
`* in addition, in proceedings before the EPO as elected Ofl’ice (PCT ll):
`
`
`Translation of annexes to the international preliminary examination report
`
`
`
`
`
`
`
`
`
`
`
`8. Biological material
`The invention uses and/or relates to biological material deposited under Rule 31
`EPC.
`
`The particulars referred to in Rule 31(1)(c) EPC (if not yet known, the depositary
`institution and the identification reference(s)) [number, symbols, etc.] of the
`depositor) are given in the international publication or in the translation submitted
`in Section 7 on:
`
`page(s) / line(s)
`The receipt(s) of deposit issued by the depositary institution
`is (are) enclosed.
`
`will be filed later.
`
`
`
`
`
`
`
`
`
`Waiver of the right to an undertaking from the requester pursuant to Rule 33(2)
`
`EPC attached.
`
`9. Nucleotide and amino acid sequences
`The items pursuant to Rules 5.2 and 13ter PCT, Rules 30 and 163(3) EPC are
`already with the EPO.
`The sequence listing is attached in PDF format.
`
`The sequence listing does not include matter which goes beyond the content of
`the application as filed.
`The sequence listing data is also attached in computer-readable form in
`accordance with WIPO Standard 25.
`
`
`
`
`
`
`
`
`
`The sequence listing data in computer-readable form in accordance with WIPO
`
`Standard 25 is identical to the sequence listing in PDF format.
`
`10. Designation fees
`All the contracting states party to the EPC at the time of filing of the international
`patent application and designated in the international application are deemed to
`be designated (see Article 79(1) EPC).
`AT BE BG CH&L| CY CZ DE DK EE ES FI FR GB GR HR HU IE IS IT LT LU LV
`MC MK MT NL NO PL PT RO SE SI SK TR
`
`10.1 It is currently intended to pay fewer than seven designation fees, for the
`following contracting states:
`10.2 If contracting states are indicated in Section 10.1, it is agreed that for the
`
`Exhibit 1010 — p. 2
`
`
`
`
`
`
`
`
`Exhibit 1010 - p. 2
`
`

`

`contracting states not thus indicated no communication under Rule 112(1) EPC
`
`be issued and further processing be excluded.
`
`11. Extension of the European patent
`This application is deemed to be a request to extend the European patent
`application and the European patent granted in respect of it to all the
`non—contracting states to the EPC designated in the international application and
`with which extension agreements are in force on the date on which the
`international application is filed. However. the extension only takes effect if the
`prescribed extension fee is paid.
`It is currently intended to pay the extension fee for the following states:
`
`D
`
`Note: Under the automatic debiting procedure, extension fees will only be debited
`for states indicated here. unless the EPO is instructed otherwise before expiry of the
`
`period for payment.
`12. List of enclosed documents
`Description of document Assigned file name Original file name
`
`
`Combined Amendments
`1
`AMSPECEPO-1.PDF
`91 19193-v1-to_E PO_18_Oct_2010_-_new_
`
`claims_1-23.PDF
`
`Additional Representatives
`Additional Representativespdf
`OTHER—1.pdf
`2 Marked up claims
`9118976-v1-to,EPO,18,0ct,2010,-,mark
`OTHER-2.PDF
`
`ed_up_claims.PDF
`9119136-v1-t0_EPO_18_Oct_2010_-_acco
`mpanying_letter. PDF
`
`3 Accompanying letter
`
`OTHER-3.PDF
`
`
`
`
`
`
`
`
`
`
`
`13. Mode of payment: Not specified
`
`
`
`
` Z
`
`14. Any refunds should be made to the following EPO deposit account:
`Number and account holder
`
`Mewburn Ellis LLP, 28050013
`
`15. Fees
`16. Annotations
`
`16—1. Note (for EPO) (EP Phase)
`
`Additional Re resentatives
`(MEWBURN LLIS LLP)
`
`Additional representatives are
`listed in an additional
`document
`16—2. Note (for EPO) (EP Phase)
`
`Precautionary statements
`(MEWBURN ELLIS LLP)
`
`1. In this application, unless
`expressly stated othenNise,
`the cancellation,
`abandonment or amendment
`of any claim _or any
`.
`_
`amendment In the description
`does not amount to
`.
`abandonment of any subject
`matter in the application and
`u on such cancellation,
`a andonment or amendment
`the. right to reinstate or_file
`lelSlonal applications in
`respect of any subject matter
`in t. e application as filed is
`maintained.
`
`2. As a matter of precaution,
`oral aroceedings under EPC
`Art.
`16 are requested, to take
`lace in the event that the
`PO Receiving Section or the
`EPO Examining DIVISIOh
`forms an intention to refuse
`
`the application.
`
`16—3. Note (for EPO) (EP Phase)
`
`Additional fee for applications
`
`Exhibit 1010 - p. 3
`
`Exhibit 1010 - p. 3
`
`

`

`havin more than 35 Ba es
`(ME
`URN ELLIS L P?
`lflfollowin pa ment of the
`filing fee, t_ e PO believes
`that there IS a shortfall In the
`amount
`and for the additional
`fee, the PO Is authorised to
`charge that shortfall from EPO
`de OSIt account no.
`_
`28 5.0013 (Mewburn EIIIS
`LLP under reference number
`SH RTFALL.
`
`17. Signature(s) of applicant(s) or representative
`
`Place:
`Date:
`
`Signed by:
`
`Capacity:
`
`Manchester, GB
`19 October 2010
`
`GB, Mewburn Ellis LLP, 8. Parry 20806
`
`(Representative)
`
`Exhibit 1010 — p. 4
`
`Exhibit 1010 - p. 4
`
`

`

`CLAIMS
`
`What is claimed is:
`
`1.
`
`An 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 transceiver circuit in communication with the at least one acoustic transducer and the
`
`antenna, wherein the transceiver circuit 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 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 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 transceiver
`
`circuit 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 hoc wireless network, transition automatically to
`
`receive digital audio via an infrastructure wireless network.
`
`2.
`
`The earphone of claim 1, wherein the transceiver circuit 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.
`
`3.
`
`The earphone of claim 2, wherein the wireless communication module comprises a Wi-Fi
`
`communication module.
`
`4.
`
`The earphone of any preceding claim, wherein the transceiver circuit is for receiving
`
`digital audio from the data source via the infrastructure wireless network when the data source is
`
`not in wireless communication range with the earphone via the ad hoc wireless network.
`
`22
`
`Exhibit 1010 — p. 5
`
`Exhibit 1010 - p. 5
`
`

`

`5.
`
`The earphone of any preceding claim, wherein the firmware, when executed by the
`
`transceiver 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 earphone
`
`are not in wireless communication via the pre-set infrastructure wireless network.
`
`6.
`
`The earphone of any preceding claim, 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.
`
`7.
`
`The earphone of claim 5 or claim 6, wherein the earphone is for receiving streaming
`
`digital audio from the host server via the infrastructure wireless network.
`
`8.
`
`The earphone of any one of claims 5 to 7, wherein the earphone is for receiving a first
`
`network address for a first streaming digital audio content server from the host server via the
`
`infrastructure wireless network.
`
`9.
`
`The earphone of claim 8, 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.
`
`10.
`
`11.
`
`The earphone of claim 9, wherein the user control comprises a button.
`
`A system comprising:
`
`a wireless earphone according to any preceding claim; and
`
`a said data source for wirelessly transmitting streaming digital audio.
`
`12.
`
`A system according to claim 11, further comprising a host server that is in
`
`communication with the wireless earphone via the infrastructure wireless network.
`
`13.
`
`A system according to claim 11 or claim 12, wherein the firmware of the transceiver
`
`circuit of the wireless earphone, when executed by the transceiver circuit, causes the transceiver
`
`circuit of the earphone to connect to 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.
`
`14.
`
`A system according to claim 12 or claim 13; or an earphone according to any one of
`
`claims 5 to 10, wherein the host server is for streaming digital audio to the earphone via the
`
`infrastructure wireless network.
`
`15.
`
`A system according to any one of claims 12 to 14; or an earphone according to any one
`
`of claims 5 to 10, wherein the host server is for transmitting a first network address for a first
`
`streaming digital audio content server to the earphone via the infrastructure wireless network.
`
`23
`
`Exhibit 1010 — p. 6
`
`Exhibit 1010 - p. 6
`
`

`

`16.
`
`A system according to any one of claims 1 l to 15, further comprising a web page for the
`
`wireless earphone through which a user is capable of configuring one or more settings for the
`
`wireless earphone.
`
`17.
`
`A system or earphone according to any preceding claim, wherein the data source
`
`comprises a digital audio player.
`
`18.
`
`A system or earphone according to any preceding claim, wherein the infrastructure
`
`wireless network comprises a WLAN.
`
`19.
`
`A system or eaiphone according to any preceding claim, wherein the infrastiucture
`
`wireless network is a pre-set infrastructure wireless network that the data 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
`
`eaiphone and the data source.
`
`20.
`
`A method 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 by the transceiver circuit 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;
`
`converting, by the wireless earphone, the digital audio to sound; and
`
`when the data source is not in wireless communication with the earphone, transitioning
`
`automatically, by the earphone, to receive digital audio via an infrastructure wireless
`
`network.
`
`21.
`
`The method of claim 20, wherein transitioning automatically by the earphone to 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.
`
`22.
`
`The method of claim 20, wherein transitioning automatically by the earphone to receive
`
`digital audio via an infrastructure wireless network comprises transitioning automatically to
`
`receive digital audio from a host sever via the infrastructure wireless network when the data
`
`source is not in wireless communication range with the earphone via the ad hoc wireless network.
`
`23.
`
`The method of claim 20, wherein transitioning automatically by the earphone to receive
`
`digital audio via an infrastructure wireless network comprises:
`
`receiving, by the wireless earphone via the infrastructure wireless network, from a host server
`
`connected to the infrastmcture wireless network, a network address for a streaming
`
`24
`
`Exhibit 1010 — p. 7
`
`Exhibit 1010 - p. 7
`
`

`

`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 1010 — p. 8
`
`Exhibit 1010 - p. 8
`
`

`

`
`
`CLAIMS
`
`What is claimed is:
`
`-"r\eW
`
`1.
`
`An 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 transceiver circuit in communication with the at least one acoustic transducer and the
`
`antenna, wherein the transceiver circuit 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 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 hoe wireless network
`
`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 vxn'reless networks detected by the transceiver circuit 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 hoc wireless network, transition automatically to receive digital
`
`audio via an infrastructure wireless network.
`
`PI—2233891 v3
`
`22
`
`Exhibit 1010 - p. 9
`
`Exhibit 1010 - p. 9
`
`

`

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`:: ’5’.
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`The earphone of claim 1, wherein the transceiver circuit 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
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`causes the transceiver circuit of the earphone to connect to a host server Via a second
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`infrastructure wireless network when (I) the data source is 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 pre—set infrastructure wireless network.
`
`23
`
`Exhibit 1010 -p. 10
`
`Exhibit 1010 - p. 10
`
`

`

`
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`The earphone of iairnf wherein the firmware, when executed by the transceiver circuit
`
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`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
`
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`
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`The earphone of claimeherein the earphone15 for receiving streaming digital audio
`
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`The earphone of claim?wherein the earphoneIS for receiving a first network address for
`
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`
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`
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`Z 3,2.
`
`The earphone ofclaimfi’laf, 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.
`
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`The earphone of claim 71.3, wherein the user control comprises a button.
`
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`
`a wueless earphonetthatmcoprises:
`
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`atleastonewacoustic transducerforconverting ananalogelecfirealsrgnaltosound
`
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`
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`
`a transceiver circuit in communication with the at least» one acoustic transducer and the
`
`antenna, wherein the transceiver circuit is for receiving and transmitting wireless signals
`
`via the antenna, and Wherein the transceiver circuit is for outputting the analog electrical
`
`Signaliigithgflat least oneacousticr-transducer,-Hand wherein the Wireless, transceiver. circuits,
`
`24
`
`Exhibit 1010 -p. 11
`
`Exhibit 1010 - p. 11
`
`

`

`
`
`“a,
`
`
`
`transceiver circuit to:
`
`receive the streaming digital audio wirelessly from the data sourceviaan ad hoc
`wireless-network when the data source is in wireless communication range
`with the earphoneqvia the ad hoc wireless network,
`transmit data via the ad hocwireless networktotlie data source regarding one or
`
`more infrastructure Wireless nethork detected by the transceiver circuit when
`
`the earphone and the data source‘are cornmnnicating via the ad hoc wireless
`
`network, wherein the datafl‘comprises identification-data and signal strength
`
`L data for the one or, more infrastructure wireless networks "and
`when the data source is notin wireless communication range with theearphone
`via thead hoc wireless network, transition automatically to receive streaming
`
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`
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`the Wireless earphone Via the infrastructure wireless network.
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`
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`earphone, when executed by the transceiver circuit, causes the transceiver circuit of the earphone
`
`to connect to 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,
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`
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`
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`.
`
`;
`
`
`25
`
`Exhibit 1010 — p. 12
`
`Exhibit 1010 - p. 12
`
`

`

`
`
`..
`
`»
`
`1?.
`
`;
`
`(Itheeystemwofwelaimrtfifwherein the host serveris fortransmitting a firstnetwork address
`
`for a first streaming digital audio content server to the earphone via the infrastructure Wireless
`
`network
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`
`ta
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`__actiYateCL11Q181usesthe1earphone1to, submitanelectronic1requestwiwtheEirasfiuetmwwrireleserW
`r
`”WNWmm“W
`networktethehostserverfor asecondmetwotléaddressTofafiééh’fidstreammg digitalfi’udi“"””W"
`Is
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` g” a;
`likesystemerielaugmflg
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`1»
`which a user is capable ofconfiguringone or more settings for the wireless earphone.
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`25’??? Ihesysmfelaimwmtfie infrastructure Wireless network comprisesMa WLAN.
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`
`N“1111....1.“xmmsvvmmzrvvW1111 1 .1111”1—11.11“1.111111 1111111weer/M111,1
`wireless network15 a pre—set infrastructure wireless network that the data 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 and the data source.
`
`“251m“Wetsystenr‘of‘clahnrLi'4g'wvherein»thefirmwmwherkexeeutedmbyahetranseeiwermeircuitwc
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`causes the transceiver circuit of the earphone toconnect to a host server viava secOnd
`
`infrastructure wireless network when (l) the data source is’knot in wireless communication range
`
`with the earphone via thead hoé wireless network and (2) the data source and the earphone are
`
`
`notin wrrelesscommumcanonviathemeasstinfrastructuremralessrlgmgtkn11,1WMWW
`
`11.1.1
`
`
`
`
`
`
`
`
`
`
`erxhibitI-O 101111152. 13
`
`
`
`Exhibit 1010 - p. 13
`
`

`

`é—wa—«Tfhesystem'”Offil‘fif’n‘?5‘fi‘v‘liéféifithemest‘sewerisfoflfafisffitfiiigmfifi'sfmorkadfiteW“
`fjwmsfieam élgtlifii.fil%§ig.,£,9§l§fl£fimémg.the.,Qatphnne.§ziathe.intrastizucturenwirelessmw
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`{Linens/ark»;
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`. willhesystemefielarimrfifi:”Wh‘éreinthe”'ea’rfii‘oifiié‘EB‘erifiés“‘§iiser cOnnmrnarmhenm
`,6«WW.
`activatedcausestheearphone to submit an electronic request viatheinfrastructure wireless
`network to the host server for a second 11 tworkaddr sfor a second streaming digital audio
`
`
`
`content server
`
`WW-iW“(My
`mkxmfiw”
`£3.“ The eagmhone ofclm%2,§,,.mheremtheusereentrelmomprisesabutton:WmWM
`
`
`“it“:36?
`
`A method comprising:
`
`receiving, by a m'reless 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 by the transceiver circuit 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;
`
`converting, by the Wireless earphone, the digital audio to sound; and
`
`when the data source is not in wireless communication with the earphone, transitioning
`
`automatically, by the earphone, to receive digital audio Via an infrastructure Wireless
`
`network.
`
`”if
`z
`’31,;
`
`’3 ”‘a
`The method of claim 36: wherein transitioning automatically by the earphone to receive
`
`digital audio via an infrastructure wireless network comprises transitioning automatically to
`
`27
`
`Exhibit 1010 — p. 14
`
`Exhibit 1010 - p. 14
`
`

`

`
`
`receive digital audio fiom the data source via an infi'asttucture wireless network when the data
`
`source is not in wireless communication range with the earphone via the ad hoc wireless
`
`network.
`
`2 42“
`)2:
`
`Q (:3)
`The method of claim/26, wherein transitioning automatically by the earphone to receive
`
`digital audio via an infrastructure wireless network comprises transitioning automatically to
`
`receive digital audio fiom a host sever via the infrastructure wireless network when the data
`
`{"2
`
`«:2
`source is not in wireless conununication range with the earphone via the ad hoc wireless network
`2:33:
`The method of claim)6: wherein transitioning automatically by the earphone to receive
`
`:35.
`
`digital audio via an infrastructure wireless network comprises:
`
`receiving, by the wireless earphone'via 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
`
`connecting, by the wireless earphone, to the streaming digital audio content server using the
`
`network address received fi-om the host server.
`
`28
`
`Exhibit 1010 -p. 15
`
`Exhibit 1010 - p. 15
`
`

`

`Table for section 6 of Form 1200.3
`
`In accordance with the Notice from the European Patent Office dated 26 January 2009 concerning the 2009 fee structure (OJ EPO 2009, 118,
`and Guidelines for Examination in the EPO, April 2009, A-|||, 13.2), the amount of the additional fee (Art. 2, item 1a, Rules relating to Fees) for
`the pages of this European patent application is calculated as follows:
`
`Documents intended for proceedings before the EPO (R. 159 (1) (b) EPC) and for calculating the additional fee
`(Art. 2, item 1a, RFees):
`
`Page(s) from to
`Nu;::;0f
`
`
`
`Description:
`International application as published
`1
`21
`
`Claims:
`Amendments filed on entry into European
`1
`4
`phase
`
`
`
`
`Drawings;
`
`Abstract:
`
`Total number of pages
`
`International application as published
`
`1
`
`Default count: one page
`
`16
`
`1
`
`42
`
`
`
`Fee-exempt pages (Art. 2, item 1a, RFees) -35
`
`Number of pages to be paid for
`
`(x 13 EUR per page)
`
`
`
`Total amount payable 91 EU R
`
`
`
`Exhibit 1010 -p.16
`
`Exhibit 1010 - p. 16
`
`

`

`ADDITIONAL SHEET
`
`Additional Representatives
`
`BAILEY, SAM R.
`
`BRASNETT, ADRIAN H.
`
`CALDERBANK, T. ROGER
`
`CARLISLE, JULIE
`
`CARTER, STEPHEN
`
`CASLEY, CHRISTOPHER
`
`CLEGG, RICHARD L
`
`CRIPPS, JOANNA E.
`
`DENISON, CHRISTOPHER M.
`
`KREMER, SIMON M.
`
`LEACH, JAMES
`
`LYONS, JUNE M.
`
`MOORE, GRAEME P.
`
`NAYLOR, MATTHEW J.
`
`NICHOLLS, KATHRYN M.
`
`OXLEY, RACHEL L.
`
`PAGET, HUGH C.E.
`
`PARRY, SIMON J.
`
`FORREST, GRAHAM R.
`
`SAMPSON, CATHERINE P.
`
`GEE, RACHEL S.
`
`GILL, STEPHEN C.
`
`GREEN, KATHERINE
`
`HACKNEY, NIGEL J.
`
`HARRISON, SUSAN J.
`
`HAYES, EMILY A.L.
`
`HODSDON, STEPHEN
`
`JOHNSON, RICHARD A.
`
`KEIRSTEAD, TANIS E.
`
`KIDDLE, SIMON J.
`
`KING, HILARY M.
`
`SMITH, MATTHEW K.E.
`
`STONER, G. PATRICK
`
`STUART, IAN
`
`SUTCLIFFE, NICHOLAS R.
`
`TOLLERVEY, REBECCA M.
`
`WALTON, SEAN M.
`
`WATSON, ROBERT J.
`
`WEBSTER, JEREMY M.
`
`WILLS, A. JONATHAN
`
`WOOLLEY, LINDSEY C.
`
`WYTENBURG, WILHELMUS J.
`
`having an address at:
`
`Mewburn Ellis LLP
`33 Gutter Lane
`London EC2V 8AS
`Great Britain
`
`Exhibit 1010 -p. 17
`
`Exhibit 1010 - p. 17
`
`

`

`MewburnEllis
`
`European Patent Office
`D-80298 MUnchen
`GERMANY
`
`18 October 2010
`
`European Patent Attorneys
`European Trade Mark Attorneys
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`Chartered Patent Attorneys
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`
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`
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`Wilhelmus Wytenburg
`Katherine Green
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`imxxxxnnuxfiQ;Q;Q;(mnnnnuxw;xfixfixflflnnniw W. mewbUrn .00m ii'\"\\"\\"\\'Q\-X'RQRQRQRK'K'x'ifw'kfwb-X'R(fii‘ifi'fiiflfl'wwi'vaWQ
`
`Edmund Harrison
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`Rachel White
`Jonathan Wills
`
`BY EPO ON-LINE FILING
`
`Dear Sirs
`
`European Patent Application No. 09731146.8
`Regional Phase Entry of International Patent Application No. PCT/U82009I039754
`Applicant: Koss Corporation
`Our Ref: SJP/FP6724736
`
`I am filing herewith a clean typed set of amended claims to replace the claims filed in
`response to the written opinion during the International phase of the PCT application. For
`the Examiner's assistance in tracking the amendments, I am also filing herewith a copy of
`the claims filed in response to the written opinion, with the amendments shown in
`manuscript.
`
`Yours faithfully
`
`
`
`Simon Parry
`AUTHORISED REPRESENTATIVE
`MEWBURN ELLIS LLP
`Tel:
`+44 161 247 7722
`
`E—mail: simon.parry@mewburn.com
`
`SJP/J LS
`
`\\\V&\.\\.\\.\\\\3:\\\\\\\\\Vx&\.\\.\\.\\\\3:\\\\\\\\\V&\\\\\\\\‘1\\\\\\\\\V&k\\\\\\\
`V&\\\\\\\\Y\Y\\\\\\\V
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