Europaisches
`Patentamt
`European
`Patent Office
`Office européen
`
`des brevets
`
`Letter accompanying subsequently filed items
`
`Sender:
`
`Mr Simon PARRY
`Mewburn Ellis LLP
`33 Gutter Lane
`London Greater London EC2V 8A8
`
`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
`
`PO. 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
`
`Applicant's or representative's reference
`
`097311468
`
`
`SJ P/FP6724736
`
`
`
`
`
`
`
`#10074291ev1eTo_EPO_e_30_11_2011_
`
`
`Description of document Assigned file name Original lile name
`
`
`WOREPLY—1.PDF
`#10078388—v1—T07EP07—73071 1,201 1,
`Reply to search opinion/written
`1
`
`opinion/IPER
`-,response. PDF
`2 Amended description (clean copy)
`#10080127—v1—To_EPO_—_30_1 1_201 1_
`DESC-1.PDF
`
`-,rep|acement,pages.PDF
`3 Amended claims (clean copy)
`10080295—v1—To_EPO_—_30_1 1_201 1_—
`CLMS-1.PDF
`_rep|acement_claims.PDF
`DESC—HWA—1.PDF
`#1 DOBD373—v1—To_EPO_—_30_1 1_201 1_
`4 Amended description with annotations
`
`e_description (manuscript) .PDF
`5 Amended claims with annotations
`CLMSPHWA71.PDF
`
`e_c|aims_(manuscript).PDF
`
`Signatures
`
`Place:
`
`Date:
`
`Signed by:
`
`Capacity:
`
`30 November 2011
`
`GB, Mewburn Ellis LLP, S. Parry 20806
`
`(Representative)
`
`Bose Exhibit 1012
`Bose V. Koss
`
`Exhibit 1012 — p. 1
`
`Exhibit 1012 - p. 1
`
`

`

`lVlewburnEllis
`
`mammmwmammmm LLP Wmvwmmmmxm
`
`European Patent Office
`D-80298 Miinchen
`
`Germany
`
`30 November 2011
`
`European Patent Attorneys
`European Trade Mark Attorneys
`European Design Attorneys
`Chartered Patent Attorneys
`
`London ECZV 8A8
`33 Gutter Lane
`Tel: +44 (0)20 7776 5300
`Fax‘ +44 (0)20 7776 5399
`mail@mewburn.corn
`
`Parlners
`Rachel Oxley
`Hugh Paget
`Rebecca Tollervey
`Roger Calderbank
`Jeremy Webster
`Patrick Stoner
`Richard Johnson
`Sean Walton
`Hilary King
`Nigel Hackney
`Lindsey Woolley
`Simon Kiddie
`Simon Parry
`Adrian Brasnett
`Kerry Moroney
`Roger Grimshaw
`Sam Bailey
`Simon Kremer
`Graeme Moore
`Joanna Gripps
`Stephen Hodsdon
`Robert Watson
`Christopher Casley
`Christopher Denison
`Nicholas Sutoliffo
`Qualified Staff
`Sofia Arerial
`Robert Andrews
`Julie Garlisle
`Matthew Naylor
`Michael Foster
`Stephen Garter
`Rachel Gee
`Stephen Gill
`Katherine Green
`Wilhelmus Wytenburg
`Graham Forrest
`Edmund Harrison
`Consulting Parlner
`Susan Harrison
`Richard Clegg
`Iari Armitage
`wwwwmwmwmmwmmmwwmv www.m ewbu rn . com Wazmwmwmmwmwmwwwfi
`
`Emily Hayes
`Sheila Hill
`Scan Jauss
`Tanis Keirstead
`Nicola Kimbiin
`Andy King
`James Leach
`Joseph Lenthall
`June Lyons
`Stephen Michell
`Kathryn Nicholls
`Frances Salisbury
`Matthew Smith
`Iari Stuart
`Rachel White
`Jonathan Wills
`
`BY EPO ONLINE FILING
`
`Dear Sirs
`
`European Patent Application No. 097311463
`Applicant: KOSS CORPORATION
`Our Ref: SJP/FP6724736
`
`I write in response to 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, I set out below our response to the objections set out in the Opinion
`accompanying the European Search Report.
`
`In response to the European Search Report, I am filing herewith amended pages for this
`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
`assistance in following the amendments incorporated into these clean—typed pages, I am
`also submitting herewith copies of the previous pages with the amendments shown in
`manuscript.
`
`is hereby amended to address the
`As the Examiner will 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 transceiver circuit “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 amendment arises from the
`passage of the description beginning at line 24 of page 12 and running over to line 6 of page
`13.
`
`We have also noted the Examiner’s objections to the dependencies of the amended claims
`filed on entry into the European regional phase and so the Examiner will note that the
`amended claims filed herewith have been restored to their previous dependencies.
`In this
`regard, however, I note that the Examiner did not object to the dependency of previous claim
`17 (now claim 16 in the amended set of claims filed herewith), but nevertheless for the sake
`of good order this claim has also now been amended so as to address the issue of its
`dependency.
`
`atmemmwWmmmmwwmwmwmmmmmmwmwmt PATENTS - TRADE MARKS ‘ DESIGNS ‘ COPYRIGHT mmmewmmmmmwmmmmmmmmmmwmmmmmmmw
`Mewburn Ellis LLP 5 a L mited Liability Partnership registered in England (no. 00305749)
`Registered Office - 33 Gutter Lane - London - ECZV 8A5
`Regulated by the Intellectual Property Regulation Board
`
`Exhibit 1012 — p. 2
`
`Exhibit 1012 - p. 2
`
`

`

`Mewbu rn El l‘ S
`,
`WWAWWWW
`
`The Examiner’s comments with regard to the “doubled” claim dependencies of previous
`claims 14 and 15 is now moot following the above-mentioned amendments to 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 dependency in respect of claim 16 filed
`herewith arises from original claim 15 of the application as filed (which was dependent upon
`the system of claim 14 as filed) 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
`dependency in 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 amended so as to 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 amended to refer to
`the aforementioned “first infrastructure wireless network”, in order to address the clarity
`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 (corresponding 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 manner as claim 1 filed herewith, thereby overcoming
`the Examiner‘s clarity objection as set out in numbered paragraph 3.3 of the Opinion.
`
`Both the independent claims are now cast into the two part form with respect to prior art
`document D1, and prior art document D1 has been briefly identified on the first page of the
`description.
`In this regard, I note that in numbered paragraph 7.3 of the Search Opinion the
`Examiner suggested that prior art documents “D1 -D4” should be identified 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 was cited as a document having any direct
`relevance to 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
`
`

`

`3
`
`Mewbu rn Ellis
`, WWA‘W
`
`It is respectfully submitted that the amendments filed 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.1 16 EPC are
`requested in the event that the EPO forms an intention to refuse the application, but for
`compliance with A.113(1) EPC it is requested that before any summons to 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.
`
`We also reserve the right to file divisional applications for any subject matter in the original
`application.
`
`Yours faithfully
`
`
`
`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 page 1
`New page 1a
`Marked—up amendments
`
`SJP/bmb
`
`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 devices typically 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 are 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 and the 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 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 not in— ear type phones. Recently,
`
`cordless headphones that connect wirelessly via IEEE 802.11 to a WLAN-ready laptop or
`
`personal computer (PC) have been proposed, but such headphones are also quite large and
`
`not in-ear type phones.
`
`U82007/0165875A1 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 aspect of the present invention, there is provided a method as
`defined in claim 19
`
`Exhibit 1012 — p. 5
`
`Exhibit 1012 - p. 5
`
`

`

`When the data source and the earphone are 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 connect via an available infrastructure wireless
`
`network to a host sen/er. 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
`
`1a
`
`Exhibit 1012 — p. 6
`
`Exhibit 1012 - p. 6
`
`

`

`CLAIMS
`
`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 after
`
`establishing a wireless conmlunication 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 transceiver circuit 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 transceiver circuit is for receiving
`
`digital audio from the data source Via the first infrastructure wireless network when the 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 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.
`
`The earphone of claim 2, wherein the wireless conm1unication module comprises a Wi-Fi
`3.
`communication module.
`
`4.
`
`The earphone of claim 1, 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
`
`22
`
`Exhibit 1012 — p. 7
`
`Exhibit 1012 - p. 7
`
`

`

`infrastructure wireless network when (1) 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 first infrastructure wireless network.
`
`5.
`
`The caiphone of claim 1, 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.
`
`The earphone of claim 5. wherein the earphone is for receiving streaming digital audio
`6.
`from the host sewer Via the infrastructure wireless network.
`
`7.
`
`The eaiphone of claim 5, wherein the eaiphone is 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 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.
`
`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 server that is in
`
`communication with the wireless earphone via the infrastructure wireless network.
`
`12.
`
`A system according to claim I I, 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.
`
`13.
`
`A system according to claim 11, wherein the host server is for streaming digital audio to
`
`the earphone via 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 transmitting a first
`
`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 user is capable of configuring one or more settings for the wireless earphone.
`
`16.
`
`A system according to claim 10, or an earphone according to claim 1, wherein 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 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.
`
`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 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, 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 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;
`
`converting, by the wireless earphone, 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 receiving digital audio from the data source via the first infrastructure wireless network when
`
`the data source is not in wireless communication range with the earphone via 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 from a host sever via 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 earphone to 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
`
`

`

`Ma
`
`1;,”
`
`fail.“
`
`ori'lTOTj
`
`‘21“.
`
`
`
`Attorney Docket No. OEOISSPCT
`
`gflnmwumummwflmwnww.mmflw
`[K ACCQFfl’E +0
`C"
`g’CCcDA‘i/l
`fire I: pw«2kx£ G mxejta&
`
`OS‘fiE‘
`
`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 devices typically comprise a data storage unit for storing and playing
`
`10
`
`the digital audio, and a headphone set that connects to the data storage unit, usually with a W’ or a
`
`3.5 mm jack and associated cord. Often the headphones are 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 and the
`
`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
`
`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 not in-
`
`ear type phones. Recently, cordless headphones that connect wirelessly via IEEE 802.11 to a
`
`WLAN—ready laptop or personal computer (PC) have been proposed, but such headphones are
`
`also quite large and not in-ear type phones.
`
`,,,,,,,,new"
`
`15
`MW,
`
`
`
`
`
`
`
`
`
`
`i
`
`»
`
`hangegefiemhspwfitheprfisenfifivefifionisdkemwtmlessearphofiethat
`
`25
`
`30
`
`dompusesa—transeewer—eireurtforreeeivifigstreamifigafidiofimfiatasomcrsuch‘”aswmdig'ital
`
`WWdWenthe datasource andthe
`
`earphone are out of range v1a the ad hoc wireless network, t ey 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
`
`connect 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 server that
`
`PI-2159349 v1 1284037-00271
`
`1
`
`Exhibit 1012 — p. 11
`
`Exhibit 1012 - p. 11
`
`

`

`CLAIMS
`
`What is claimed is:
`
`7,
`
`_,
`
`.
`
`~ '
`
`“w ~-~~~,,,,,,’K
`
`$613 @gbitgbdqixg as ooh-elem “\\\
`
`l.
`
`An earphone comprising:
`
`a body, wherein the body comprises:
`
`at least one acoustic transducer for conveiting an analog electrical signal to sound;
`an antenna; and
`
`a transceiver circuit in communication with the at least one acoustic transducer and the
`
`’
`
`0‘61 fix
`
`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
`
`1
`
`i
`
`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 Wit 1
`
`the
`
`earphone via the ad hoc wirelessnetwork;
`
`.
`Wufl:
`ML”; Wmmm
`
`$11?“ch Miwt‘ (Qt/a
`
`
`
`
`
`transmit data via the ad hoc wireless network to the data source regarding one
`
`or more infrastructure wireless networks detected by the transceiver
`
`circuit
`
`1hen the earphone and the data source are communicating via the
`
`ad lioc wireless network, wherein the data comprises identification data
`Wtbr the one or more infi‘astructure wireless
`networks; and
`
`when the data source is not in wireless communication range with the
`
`earphone via the ad hoe wireless network, EHEQHEWQ+
`receive digital audio via M infrastructure wireless networlm
`W
`The earphone of claim 1, wherein the transceiver circuit comprises:
`N.
`
`2.
`
`a Wireless communication module;
`
`a processor unit in communication with the wireless communication module;
`
`a non—volatile memory unit in communication with the processor unit; and
`
`a volatile memory unit in communication with the processor unit,
`
`The earphone ot'claim 2, Wlierein the wireless communication module comprises a Wi-Fi
`3.
`communication module.
`
`
`”WWW
`
`4w-~—-Iheearplaoneve£%ny~preeedva$gc Wisceiver circuit is for receiving \
`.
`.
`.
`. ("w M“
`.
`digital audio from the data source Via th linfrastruetul: Wireless network when the data source is
`l
`not 111 Wireless communication range With the earphone Via the ad hoc Wireless network.
`
`l
`.
`{I
`
`/
`
`
`
`Exhibit 1012 — p. 12
`
`Exhibit 1012 - p. 12
`
`

`

`~©
`L,
`The earphone of énypreeeding claim wherein the firmware, when executed by the
`y.
`transceiver circuit, causes the transceiver circuit of the earphone to connect to a host server via a
`
`second infrastructure wireless network when (l ) the data source is not in wiiel ess communication
`
`range with the earphone via the ad hoc wireless network and (2) the data source and the ear hone
`
`l1nf1astiuetureWW
`are not in wireless communication via the
`5’ fl
`The earphone ofWeedingclarnfwhgern the firmware when executed by the
`transceiver circuit, causes the transceiver circuit ofthe 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.
`éfl.
`The earphone of claimk—ei-el-ainffi wherein the earphone is for receiving streaming
`digital audio fi'om the host server via the infrastructure wireless network.
`?/3.
`The earphone ofianyoneve‘f claimX
`, wherein tS-e 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. ¥
`(Sf/9'.
`The earphone of claim 1%, 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,
`
`C! )6.
`
`X?
`The earphone ofelaim 1g: wherein the user control comprises a button.
`
`{0% A system comprising:
`
`a wireless earphone according to Wclaiirfindca
`
`a said data source for wirelessly transmitting streaming digital audio.
`“/14.
`A system according to claim l’flTurther comprising a host server that is in
`
`communication with the wiieless earphone via the inf1ast1uctu1e wireless network
`2.
`I )3
`A system according to claim therein the firmware ofthe 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.
`
`CD
`
`A system according to claiinnLel-anfiBMW
`I] )4.
`M wherein the host server is for streaming digital audio to the earphone via the
`
`It
`infrastructure wireless network.
`(:16.
`A system according to Wclaimg i3; lephenefieeordmgW
`efeiaiins—S—temwl 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 1012 _ p. 13
`
`Exhibit 1012 - p. 13
`
`

`

`{S
`
`,
`
`A system accordin to
`g
`
`claim
`
`'
`
`-
`
`fuither comprising a web page for the
`
`amid;
`
`wireless earphone through which a user is capable of configuring one or 11101e settingswfor the
`
`wireless ear.phone Mac/3MB 10 mm HI; or—chg LMMD
`:WW’
`(6 .W.
`A system geaiphone accordingWmedingefimmhfitmnlmtasouice
`comprises a digital audio player. WC Cuzco rt}:
`7‘0 DAWN ‘0 J 0 1‘“ al\ML?
`I?
`M.
`A system g ealphone according to anyupweedingclaii wherein the infiast1uctu1e
`wireless netwo1k compl1scs a WLAN.
`[My mQ®UA$7O
`.
`.
`.
`.
`rdm to
`‘
`l
`t
`‘e'
`‘
`l
`tl
`frastr 1ct re
`'
`g Wing c a111z,
`)9
`ys c1nloi‘ a1p1flone acco
`11
`1e 111
`_ 1
`11 Ma)
`wireless network is a pre—set infrastructure wireless network that the data source transitions to
`
`11E
`
`.
`
`A s
`
`.
`wherel
`
`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 wi1eless netwo1k is in range of both the
`
`79“€128er My)
`{flf
`m
`CiMN
`@
`earphone and the data source.
`
`#‘e
`20'.
`A 111etl10dt¢einpii~sing1
`1eceiving, byéfiI—n‘egsseealphonc, Via aff~d hoc wireless network digital audio fiom a data
`
`
`source when the data source is in wireless communication with the earphone Via the
`W111111111111 Wm
`M
`
`ad hoc wireless network;
`J (>313? ws‘f‘edCKQ ‘EOFqCL‘Cl/‘Q I
`)
`1
`W,
`
`
`transmitting data Ma the ad hoc wireless network to the data source regarding one or more
`
`
`and the data source are communicating Via the adl100 wireless network wherein the
`
`data comprises identification dataWfortheone or more
`
`
`
`
`when the data source is not in wireless communication with the earphone, transitionii‘ig
`.
`.
`.
`.
`.
`.
`.
`“‘1 ,1
`automatically, by the earphone, to recelvc d1g1tal audlo Via
`Infras
`1reless
`
`network, Cr-t)‘ Fe Gen/1M3
`WW‘Mfihmerdnfiammgflammnatwaflybythe-eaizphonetereeeiye
`WWWwwcless‘nmimmmprises—nansitiomngautmnattcallgato
`{weeiquigital audio fiom the data source Via an’i‘iimpiastrudiurewi1eless netw01k whenlthe data
`
`source is not in wireless communication range with the earphone Via the ad hoc wireless network.
`"[0 ;Z.
`The method of claimw{whelein transitioning automatically by the earphone to 1eceive
`digital audio Via aMa trucidii‘gifzyireless 11etwo1<covpipiises transitioningautomaticallyto
`receive digital audio fi‘om a host sevei Via tl1
`infiéastructure wi1eless netw01k when the data
`
`source is not in wireless communication range with the earphone Via the ad hoc wireless network.
`QL 2/5.
`The method of claimZ wheiein transitioning automatically by the earphone to receive
`digital audio viaMm1egwi1eless network comprises:
`Ieceiving, by the wi1eless ea1pl10ne Via theillfiEKJIStIHUCtUIB wi1eless networ,k from a host servel
`connected to theK/mfrastructuic wireless network, a network address for a streaming
`.-+t“
`2..
`
`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
`
`

`

`Emapfiisnhes
`Pateatami:
`Eumpean
`Patent Office
`Office cu mpéen
`
`des brevets
`
`Acknowledgement of receipt
`
`We hereby acknowledge receipt of the following subsequently filed document(s):
`
`Submission number
`
`Application number
`
`1417526
`
`
`EP09731146.8
`
`
`
`
`Date of receipt
`
`30 November 2011
`
`Receiving Office
`
`European Patent Office