PTO-1390 (Rev. 09-08}
`Approved for use through 22812010. OMB 0651-0021
`US. Patent and Trademark Office: U.S. DEPARTMENT OF COMMERCE
`Under Ihe Paperwork Reduction Act of 1995. no persons are required to respond to a colleclion 01 information unless it displays a vaid OMB control number.
`
`TRANSMITTAL LETTER TO THE UNITED STATES
`DESIGNATEDIELECTED OFFICE (DOIEOi‘US)
`CONCERNING A SUBMISSION UNDER 35 U.S.C. 371
`
`Sgfi’gjgi‘aifl‘éwfl NUMBER
`U.S. APPLICATION no. (If known, see 3? CFR 1.5)
`
`INTERNATIONAL APPLICATION NO.
`PCTiU82009i039754
`TITLE OF INVENTION
`WIRELESS EARPHONE THAT TRANSITIONS BETWEEN WIRELESS NETWORKS
`APPLICANTlS) FOR DOi’EOi‘US
`Michael J. Pelland. Michael J. Koss. Michael Sagan. Steven Reckamp. Greg Hollingstad. Jeff Bovee. Morgan Lowery
`Applicant herewith submits to the United States DesignatedlElected Office (DOiEOi'US) the following items and other information:
`
`INTERNATIONAL FILING DATE
`0? April 2009
`
`PRIORITY DATE CLAIMED
`07 A- ril 2008
`
`‘I I: This is a FIRST submission of items conceming a submission under 35 U.S.C. 371.
`
`2. I: This is a SECOND or SUBSEQUENT submission of items conoeming a submission under 35 U.S.C. 3T1.
`
`E This is an express request to begin national examination procedures (35 U.S.C. ST‘Im). The submission must include items
`(5), l6}. (9) and (21) indicated below.
`
`
`
`
`
`L7. The US has been elected [Article 31).
`
`I:
`
`A copy of the International Application as filed (35 U.S.C. 3T‘I(c)(2)l
`
`a. [j is attached hereto (required only if not communicated by the International Bureau).
`
`b. El has been communicated by the International Bureau.
`
`c.
`
`is not required. as the application was filed in the United States Receiving Office (ROI'US).
`
` I:
`
`An English language translation of the International Application as filed (35 U.S.C. 371(c)(2)).
`
`a. m is attached hereto.
`
`b. [I has been previously submitted under 35 U.S.C. 154{d)(4).
`Amendments to the claims of the International Application under PCT Article 19 (35 U.S.C. 3T1 (c)(3})
`
`.
`
`a. D are attached hereto (required only if not communicated by the International Bureau).
`b.
`have been communicated by the International Bureau.
`
`c. D have not been made; however. the time limit for making such amendments has NOT expired.
`
`d. I: have not been made and will not be made.
`
`8. n An English language translation of the amendments to the claims under PCT Article 19 (35 U.S.C. 3?1r[c)l3))-.
`
`9. D An oath or declaration of the inventcrls} (35 U.S.C. 3?1(c)(4)).
`
`10. [:I
`
`An English language translation of the annexes of the International Preliminary Examination Report under PCT
`Article 36 (35 u.s.c. 3T1(c)(5)).
`
`Items 11 to 20 below concern documentis] or information included:
`
`An Information Disclosure Statement under 3? CFR 1.97 and 1.98.
`
`DDDDDUEUE
`
`An assignment document for recording. A separate cover sheet in compliance with 3? CFR 3.28 and 3.31 is included.
`
`A preliminary amendment.
`
`An Application Data Sheet under 3? CFR 1.?6.
`
`A substitute specification.
`
`A power of attorney andi'cr change of address letter.
`
`A computer-readable form of the sequence listing in accordance with PCT Rule 13tei13 and 3? CFR 1.321- 1.825.
`
`A second copy ofthe published International Application under 35 U.S.C. 154(d)(4).
`
`A second copy otthe English language translation of the intemationai application under 35 U.S.C. 154ldll4l.
`
`This collection of information is required by 3? CFR 1.414 and 1.491-1 .492. The information is required to obtain or retain a b enefit by the public. or bid: is to file (and by the
`USPTO to pro case] an application . Confidentiality is governed by 35 U.S.C. 122 and 3? CFR 1.11 and 1.14.111is collection Is eslimated to take 15 minutes to complete.
`including gathering information, preparing. and submitting the mmpieied form to the USPTO. ‘l'rme will vary depending upon the individual case. Any commenls on the amount
`of time you require to complele this form andior suggestions for reducing this burden. should be sent to the Chief Information Officer. U5. Patent and Trademark Office. U.S.
`Department of Commerce. P.O. Box 1450. Alexandria. VA 22313—1450. DO NOT SEND FEE 5 OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Mail Stop PCT.
`Commissioner for Patients. P.O. Box 1450. Alexandria. VA 22313-1450.
`Page 1 of 3
`
`Exhibit 1014 - p. 1
`
`Bose Exhibit 1014
`
`Bose v. Koss
`
`

`

`PTO—1390 (Rev. 09-08i
`Approved For use through 2l23l2010. OMB 0651-0021
`US, Patent and Trademark Otfloe: U.5. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction not at 1905. no persons are requrred to respond to a collection of Information unless it displays a valid OMB control number.
`us. APPLlCATION no. (ifknown. see a? are 1.51
`lNTERNATIONAL APPLICATION no.
`anoenev's DOCKET NUMBER
`PCTiU520091039754
`030188PCTUS
`
`20.
`
`Other items or information-
`
`The following fees have been submitted
`Basicnaiionaireeiar CFR1.492{aii........
`ExaminationfeelBTCFR1.492(5))
`
`21.
`22.
`
`..
`
`CALCULATIONS
`PTO USE ONLY
`3 330.00 _
`
`If the written opinion prepared by lSNUS or the international preliminary examination report prepared
`by lF’ENUS indicates all claims satisfy provisions o1 PCT Article Salli—(ill...
`..
`$0
`Allolher situations.
`.,
`..
`...
`..
`..
`..
`.. $220
`
`5220-00
`
`Search tee (37 CFR 149%»
`23. El
`It the written opinion of the ISMJS or the International preliminary examination report prepared by
`lPENUS indicates all claims satisfy provisions o1PCT Article 33(1H4} .
`.
`..
`..
`$0
`Search fee (3? CFR 1.445lall2l} has been paid on the international application to the USP’TU as an
`lnternationalSearching Authority.
`5100
`International Search Report prepared by an ISA other than the U5 and promoted to the Office or
`previously communicated to the US by the IB....,.....
`$430
`All other situations.........................,.
`..
`...
`.. ,.
`..
`...$54fl
`
`...
`
`..
`
`..
`
`El Additiona fee for specification and drawings filed in paper over 100 sheets [excluding sequence
`listing in compliance with 3‘! OF R 1.821(5) or (e) in an electronic medium or oomputer
`program listing in an electronic medium) {3? CFR 111520)).
`The fee is $270 for each additional 50 sheets at tel r or fraction thereof.
`
`Total Sheets
`
`Exoa Sheets
`
`Number of each additional 50 or fraction
`thereof round 0 - to a whole number
`
`RATE
`
`
`
`10000
`
`5
`
`5650-00
`
`S 575.00
`
`$1,326.00
`
`s 683.00
`
`3 653.00
`
`$ 653.00
`Amount to be
`refunded:
`Amount to be
`the dad
`
`m-— x $210
`Surcharge of $130.00 for i‘umishing any ofthe search lee. examination tea. or the oath or declaration
`after the date oioommenoement oi the national stage [37 CFR 1.492(htl.
`CLAIMS
`NUMBER FILED
`NUMBER EXTRA
`t
`M H
`
`Total Claims
`
`33
`
`—l Oi)
`
`RATE
`
`3
`Independent claims
`MULTIPLE DEPENDENT CLNMlS) (if appliuble)
`
`x
`+
`
`$220
`5390
`
`TOTAL OF ABOVE CALCULATtONS =
`Applicant claims small entity status. See 3? CFR 122’. Fees above are reduced by 14.
`SUBTOTAL =
`
`Prooesa'ng tee of $130.00 for fumishing the English translation later than 30 months from the earliest
`oiaimed priority date (3? CFR 1.492(0),
`+
`TOTAL NATIONAL FEE =
`
`Fee for recording the enclosed assignment [3? CF R 1-21ll‘lll- The assignment must be aooompanied
`by an appropriate cover sheet {3? CFR 3.23. 3.31}. $46.00 per property
`+
`
`TOTAL FEES ENCLOSED =
`
`Page 2 013
`
`Exhibit 1014 - p. 2
`Exhibit 1014 — p. 2
`
`

`

`PTO-1390 (Rev. 09—08}
`Approved tor use through 2r28i’2010.0MB 0651-0021
`US. Patent and Trademark Office; 14.8. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Ac! or 1555, no persons are requrred to respond to a CDIIECIml‘l 01' rnlarmatlon unless it displays a valid OMB oenlrol number.
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`a. [j A chem: in the amount of ‘5
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`to mver the above fees is enclosed.
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`to.
`
`:1
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`Please charge my Deposit Aooount No.
`
`1 1‘11 1D
`
`in the amount of 5 65330
`
`to cover the above fees.
`
`The Commissioner is hereby authorized to charge any additional fees which may be required or credit any overpayment to Deposit
`AoznountNo.
`11—1110
`.
`
`Customer No. 26285
`
`d. El Fees are to be charged to a credit card. WARNING: Information on this lon'n may become public. Credit card inlonnation should not
`be included on this form. Provide credit card information and authorization on PTO-2038. The PTO-2035 should only be mailed oriented
`to the USPTO. However, when paying the basic national fee. the PTO—2033 may NOT be faxed to the USPTO.
`
`if filing by EFS-Web. do NOT attach the PTO-2038 form as a PDF along with your EFS-Web submission. Please be
`ADVISORY;
`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 eiectronic payment method.
`
`NOTE: Where an appropriate time limit under 3? CFR 1.495 has not been met, a petition to revive {37 CFR 1.1 Bitten} or (bi) must he filed
`and granted to restore the International Application to pending status.
`
`SEND ALL CORRESPONDENCE TO:
`Mark G. Knedeisen. Esquire
`K&L Gates LLP
`K&L Gates Center
`210 Sixth Avenue
`Pittsburgh, PA 15222—261 3
`
`.
`
`WM 2;
`SIGNATURE
`Mark G. Knedeisen
`NAME
`42.747
`REGISTRATION NUMBER
`
`PageBofB
`
`Exhibit 1014 - p. 3
`Exhibit 1014 — p. 3
`
`

`

`PTO-1390 [Reva coca}
`Approved for use through 2iztti2tii t]. OMB 0651-04121
`us, Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act or “395. no persons are requtreo to respond to a coilectlon oi inlormatlon unless it displays a valid OMB control number.
`
`TRANSMITTAL LETTER To THE UNITED STATES
`
`DESIGNATEDI'ELECTED OFFICE inoreorusi
`CONCERNING A SUBMISSION UNDER 35 u.s.c. 371
`INTERNATIONAL APPLICATION NO.
`INTERNATIONAL FILING DATE
`
`.S.
`
`TIO NO.
`
`,
`
`37 CFR 1.5
`
`PRIORITY DATE CLNMED
`07 M 2003
`
`WIRELESS EARPHONE THAT TRANSITIONS BETWEEN WIRELESS NETWORKS
`APPLICANTES) FOR DOlEOllJS
`Michael J. Pelland. Michael J. Koss. Michael Sagan. Steven Reckarnp. Greg Hollingstad, Jeff Bovee. Morgan Lowery
`Applicant herewith submits to the United States DesignatediEiected Office (DDiEOiUS)tt1e following items and other information;
`
`1.
`
`This is a FIRST submission of items concerning a Submission under 35 u.s.c. 371.
`
`2. I: This is a SECOND or SUBSEOUENT submission of items concerning a submission under 35 u.s.c. 3T1.
`
`.
`
`.
`
`l:l This is an express request to begin national examination procedures (35 use. 371m} The submission must include items
`(5). i6). (9) and (21) indicated below.
`
`The US has been elected {Anide 31]:
`
`E A copy of the International Application as filed (35 U.S.C 371(c)(2))
`
`a. D is attached hereto ireoutred only if not communicated by the International Bureau).
`
`b. D has been communicated by the International Bureau.
`o.
`is not required. as the application was filed in the United States Receiving Office {ROMS}.
`
`An English language translation oi the international Application as filed (35 u.s.c. 3?1(c}i2]).
`
`3. Cl
`
`is attached hereto.
`
`D. I:l has been previously submitted under 35 USC. 154(dl(4}.
`Amendments to the claims of the lntemational Application under PCT Article 19 {35 u.s.c. 33’1 (ciiai)
`
`J:
`b.
`
`are attached hereto {required onli.r it not communicated by the International Bureau).
`
`have been communicated by the international Bureau.
`
`c. El have not been made; however. the time limit for making suah amendments has NOT expired.
`
`d. D have not been made and will not be made.
`
`
`
`ti.
`
`l—l
`
`An English language translation of the amendments to the claims under PCT Article 19 {35 u.s.c. STitciiaiJ.
`
`9. El
`
`An oath or declaration of the inventorisi (35 u.s.c. 3?tic)t4i).
`
`it]. [:I
`
`An English language translation of the annexes of the International Preliminary Examination Report under PCT
`Article 33 {as use. awaits”.
`
`Items 11 to 20 below concern documenltst or information included:
`An Information Disclosure Statement under 3? CFR 1.9? and 1.98.
`
`An assignment document for recording. A separate cover sheet in compliance with 3? CFR 3.28 and 3.31 I5 Included.
`
`A preliminary amendment.
`
`An Application Data Sheet under 3? CFR 1.?6.
`
`A substitute specification.
`
`A power of anon-lay andior change of address letter.
`
`A computer-readable form of the sequence listing in accordance with PCT Rule 13ten3 and 3? CFR 1321- 1.625.
`
`Asecond copy of the published international Application under 35 u.s.c. 154td](4).
`
`Asecond copy of the English Ianguagetranstahon of the international application under 35 u.s.c. 154(dii4).
`
`This collection of information Is required by 3? CFR 1.414 and t.491—‘I 492. The information Is required to obtain or retain a h enafil by the public. or him is to file (and by the
`USPTO to pro bass} on applicaflon . Confidentiality Is governed by 35 u.s.c. 122 and 37 CFR I.“ and tilt. This collection is estimated to latte 15 minutes to complete
`Including gathering Information. preparing. and submitting the completed term to the USPTO. Tints will vary depending upon the individual case. Any comments on the amount
`at lime you require to complete this form andior suggestions for reducing this burden. should he sent to the Chief information Officer. US. Patent and Trademark Office. US.
`Department of Commerce. P.O. Box t-ISO. Alexandria. VA 22313-14513. 00 NOT SEND FEE 5 DR CDMPLE TED FORMS TO THIS ADDRESS. SEND 11): Mail Stop PCT.
`Commissioner for Fatonts, 9.0. Box 1450. Alenandrla. wt 22313-1450.
`Page 1 of 3
`
`Exhibit 1014 - p, 4
`Exhibit 1014 - p. 4
`
`Bose Exhibit 1014
`
`085
`
`. K
`
`B
`
`056 V
`
`

`

`PTO—1390 (Rev. 09-08i
`Approved For use through 2l23l2010. OMB 0651-0021
`US, Patent and Trademark Otfloe: U.5. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction not at 1905. no persons are requrred to respond to a collection of Information unless it displays a valid OMB control number.
`us. APPLlCATION no. (ifknown. see a? are 1.51
`lNTERNATIONAL APPLICATION no.
`anoenev's DOCKET NUMBER
`PCTiU520091039754
`030188PCTUS
`
`20.
`
`Other items or information-
`
`The following fees have been submitted
`Basicnaiionaireeiar CFR1.492{aii........
`ExaminationfeelBTCFR1.492(5))
`
`21.
`22.
`
`..
`
`CALCULATIONS
`PTO USE ONLY
`3 330.00 _
`
`If the written opinion prepared by lSNUS or the international preliminary examination report prepared
`by lF’ENUS indicates all claims satisfy provisions o1 PCT Article Salli—(ill...
`..
`$0
`Allolher situations.
`.,
`..
`...
`..
`..
`..
`.. $220
`
`5220-00
`
`Search tee (37 CFR 149%»
`23. El
`It the written opinion of the ISMJS or the International preliminary examination report prepared by
`lPENUS indicates all claims satisfy provisions o1PCT Article 33(1H4} .
`.
`..
`..
`$0
`Search fee (3? CFR 1.445lall2l} has been paid on the international application to the USP’TU as an
`lnternationalSearching Authority.
`5100
`International Search Report prepared by an ISA other than the U5 and promoted to the Office or
`previously communicated to the US by the IB....,.....
`$430
`All other situations.........................,.
`..
`...
`.. ,.
`..
`...$54fl
`
`...
`
`..
`
`..
`
`El Additiona fee for specification and drawings filed in paper over 100 sheets [excluding sequence
`listing in compliance with 3‘! OF R 1.821(5) or (e) in an electronic medium or oomputer
`program listing in an electronic medium) {3? CFR 111520)).
`The fee is $270 for each additional 50 sheets at tel r or fraction thereof.
`
`Total Sheets
`
`Exoa Sheets
`
`Number of each additional 50 or fraction
`thereof round 0 - to a whole number
`
`RATE
`
`
`
`10000
`
`5
`
`5650-00
`
`S 575.00
`
`$1,326.00
`
`s 683.00
`
`3 653.00
`
`$ 653.00
`Amount to be
`refunded:
`Amount to be
`the dad
`
`m-— x $210
`Surcharge of $130.00 for i‘umishing any ofthe search lee. examination tea. or the oath or declaration
`after the date oioommenoement oi the national stage [37 CFR 1.492(htl.
`CLAIMS
`NUMBER FILED
`NUMBER EXTRA
`t
`M H
`
`Total Claims
`
`33
`
`—l Oi)
`
`RATE
`
`3
`Independent claims
`MULTIPLE DEPENDENT CLNMlS) (if appliuble)
`
`x
`+
`
`$220
`5390
`
`TOTAL OF ABOVE CALCULATtONS =
`Applicant claims small entity status. See 3? CFR 122’. Fees above are reduced by 14.
`SUBTOTAL =
`
`Prooesa'ng tee of $130.00 for fumishing the English translation later than 30 months from the earliest
`oiaimed priority date (3? CFR 1.492(0),
`+
`TOTAL NATIONAL FEE =
`
`Fee for recording the enclosed assignment [3? CF R 1-21ll‘lll- The assignment must be aooompanied
`by an appropriate cover sheet {3? CFR 3.23. 3.31}. $46.00 per property
`+
`
`TOTAL FEES ENCLOSED =
`
`Page 2 013
`
`Exhibit 1014 - p. 5
`Exhibit 1014 — p. 5
`
`

`

`PTO-1390 (Rev. 09—08}
`Approved tor use through 2r28i’2010.0MB 0651-0021
`US. Patent and Trademark Office; 14.8. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Ac! or 1555, no persons are requrred to respond to a CDIIECIml‘l 01' rnlarmatlon unless it displays a valid OMB oenlrol number.
`
`a. [j A chem: in the amount of ‘5
`
`to mver the above fees is enclosed.
`
`to.
`
`:1
`
`Please charge my Deposit Aooount No.
`
`1 1‘11 1D
`
`in the amount of 5 65330
`
`to cover the above fees.
`
`The Commissioner is hereby authorized to charge any additional fees which may be required or credit any overpayment to Deposit
`AoznountNo.
`11—1110
`.
`
`Customer No. 26285
`
`d. El Fees are to be charged to a credit card. WARNING: Information on this lon'n may become public. Credit card inlonnation should not
`be included on this form. Provide credit card information and authorization on PTO-2038. The PTO-2035 should only be mailed oriented
`to the USPTO. However, when paying the basic national fee. the PTO—2033 may NOT be faxed to the USPTO.
`
`if filing by EFS-Web. do NOT attach the PTO-2038 form as a PDF along with your EFS-Web submission. Please be
`ADVISORY;
`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 eiectronic payment method.
`
`NOTE: Where an appropriate time limit under 3? CFR 1.495 has not been met, a petition to revive {37 CFR 1.1 Bitten} or (bi) must he filed
`and granted to restore the International Application to pending status.
`
`SEND ALL CORRESPONDENCE TO:
`Mark G. Knedeisen. Esquire
`K&L Gates LLP
`K&L Gates Center
`210 Sixth Avenue
`Pittsburgh, PA 15222—261 3
`
`.
`
`WM 2;
`SIGNATURE
`Mark G. Knedeisen
`NAME
`42.747
`REGISTRATION NUMBER
`
`PageBofB
`
`Exhibit 1014 - p. 6
`Exhibit 1014 — p. 6
`
`

`

`PATENT
`
`THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant:
`
`Pelland et ol.
`
`Serial No.:
`
`TBD
`
`Filing Date: TBD
`
`)
`)
`
`)
`l
`
`)
`
`Examiner: TBD
`
`Art Unit:
`
`'I‘BD
`
`Atty. Docket No. OSOISSPCTUS
`
`Title: WIRELESS EARPHONE THAT TRANSITIONS BETWEEN WIRELESS
`NIE'I‘WORKS
`
`PRELIMINARY AMENDMENT
`
`K&L Gates LLP
`
`Pittsburgh. PA [5222
`October 5, 2010
`
`Mail Stop PCT
`Commissioner for Patents
`Box [451}
`
`Alexandria. VA 22313—1450
`
`Dear Sir:
`
`Prior to examination and prior to determination ofthc applicable application filing foes,
`
`please amend the above-referenced application as t‘ollows‘ where-in:
`
`Claim Amendments begin on page 2; and
`
`Remarks begin on page 9.
`
`PI—2445241 9‘].
`
`Exhibit 1014 - p. 7
`Exhibit 1014 — p. 7
`
`

`

`Amendments to the Claims
`
`Please amend the claims as follows. This listing of claims will replace all prior versions
`
`Atty. Docket No. (lis'tllSSPC‘TL-‘S
`
`and listing of claims in the application.
`
`L47. (Canceled)
`
`48.
`
`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 eaiphone and the data source are communicating via the ad hoc wireless
`
`netw0rk, wherein the data comprises identificatiori 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.
`
`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:
`
`ILJ
`
`Exhibit 1014 - p. 8
`Exhibit 1014 — p. 8
`
`

`

`Atty. Docket No. OSOISSPCTUS
`
`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.
`
`51.
`
`The earphone of claim 51], wherein the wireless communication module comprises a Wi~
`
`Fi communication module,
`
`52.
`
`The earphone ot'claim 48, wherein the infrastructure wireless network comprises a
`
`WLAN.
`
`53.
`
`The earphone of claim 48, 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 hoe wireless network.
`
`54.
`
`The earphone of claim 53, 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
`
`preset infrastructure wireless network is in range of both the earphone and the data source.
`
`55.
`
`The. earphone of claim 48. wherein the firmware. when executed by the transceiver
`
`circuit, causes the transceiver circuit ofthe 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 hoc wireless network and (2') the data source and the earphone are
`
`not in wireless communication via the pre-set infrastructure wireless network.
`
`56.
`
`The earphone of claim 48. wherein the firmware when executed by the transcoiver
`
`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 hoe wireless network.
`
`'4”
`
`Exhibit 1014 - p. 9
`Exhibit 1014 — p. 9
`
`

`

`Atty Docket No ORG] SSPCTUS
`
`5?.
`
`The eaiphone of claim 56, wherein the earphone is for receiving streaming digital audio
`
`from the host server via the infrastructure wireless network.
`
`58.
`
`The earphone ot'clairn 56, 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.
`
`59.
`
`The earphone of claim 58, 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.
`
`60.
`
`The earphone of claim 59. wherein the user control comprises a button.
`
`61.
`
`A system comprising:
`
`a data source For wirelessly transmitting streaming digital audio; and
`
`a wireless earphone that 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 the streaming digital audio wirelessly from the 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 hoe 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. 080 I SSPCTL'S
`
`network, wherein the data comprises identification data and signal strength
`
`data for the one or more infrastructure wireless networks: and
`
`when the data soarce 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 ofciaitn 61. wherein the data source comprises a digital audio player.
`
`63.
`
`The system of claim 6}, further comprising a host server that is in communication with
`
`the wireless earphone via the infrastructure Wireless network.
`
`04.
`
`The system of claim 63, wherein the firmware ofthe transceiver circuit oJ‘the wireless
`
`earphone. when executed by the transceiver circuit, causes the transceiver circuit ofthe 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.
`
`65.
`
`The system of claim 63, wherein the host server is for streaming digital audio to the
`
`earphone via the infrastructure wireless network.
`
`66.
`
`The system ol‘claim 63, 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
`
`()7.
`
`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
`
`network to the host server for a second network address for a second streaming digital audio
`CODICHI SCWCI‘.
`
`68.
`
`The emphone ot‘claim 67, wherein the user control comprises a button.
`
`UI
`
`Exhibit 1014 - p. 11
`Exhibit 1014 — p. 11
`
`

`

`Atty. Docket No. 080] BSPCTUS
`
`69.
`
`The system ot'claim 64, further comprising a web page for the wireless earphone through
`
`which a user is capable ol‘configuring one or more settings for the wireless earphone.
`
`7t).
`
`The system of claim 61, wherein the infrastructure wireless network comprises a WLAN.
`
`?1.
`
`The system of claim ()1, wherein the firmware, when executed by the infrastructure
`
`wireless network is a pro-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 so urce.
`
`72.
`
`The system of claim 61, wherein the finnware. when executed by the transceiver circuit,
`
`causes the transceiver circuit ofthe 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 prefect 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 T2, 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
`
`75.
`
`The system ol'elaim 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 fora second network address for a second streaming digital audio
`
`content server.
`
`?6
`
`The earphone of claim 75. wherein the user control comprises a button.
`
`6
`
`Exhibit 1014 - p. 12
`Exhibit 1014 — p. 12
`
`

`

`Atty. Docket No. instiissrcrt‘s
`
`77.
`
`A method comprising:
`
`receiving, by a wireless earphone, via an ad hoe wireless network, digital audio from a data
`
`source when the data source is in wireless communication with the earphone via the ad hoe
`
`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 hoe wireless network, wherein the data
`
`comprises identi fication 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 infrastructtnc wireless
`
`network.
`
`3’8.
`
`The method of claim 7?! 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 hoe wireless
`
`network.
`
`‘39.
`
`The method ofelaiin 7?, 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 hoe wireless network
`
`80.
`
`The method of eiaiin 77, 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
`
`counected 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
`
`netwrxrk address received from rhe host server
`
`Ally. Doekei No. UHUISSPCTLJS
`
`Exhibit 1014 - p. 14
`Exhibit 1014 — p. 14
`
`

`

`Any. Docket _\'0. [380 l SRPC."I'l_.‘S
`
`REMARKS
`
`Claims 1-47 have been canceled and new claims 48-80 have been added. Support For the
`
`new claims maybe found throughout the application as originally filed.
`
`A representative cfthe Office is invited to contact the undersigned with any questions
`
`regarding this application.
`
`Date: OClDbet‘S 2010
`
`
`
`K&L GATES LLP
`
`K&L Gates Center
`210 Sixth Avenue
`Pittsburgh. Pennsylvania 15222
`
`Respectfully submitted.
`
`m—__.
`
`Mark G. Knedeisen
`
`Reg. No. 42,?4?
`
`[412) 355-6343
`Ph.
`Fax (412)355-6501
`email: mark.kncdciscnfiiéklgalcscom
`
`9
`
`Exhibit 1014 - p. 15
`Exhibit 1014 _ p. 15
`
`

`

`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`PATENT 0801BBPCTUS
`
`Applicant: Peliand etal.
`Serial No.:
`TBD
`Filing Date: October 5. 2010
`
`)
`I
`I
`
`Examiner: TBD
`Art Unit: TBD
`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 accordance with their duty of disclosure pursuant to 37 C.F.R.
`§ 1.56, hereby advise the United States Patent and Trademark Office of the references
`listed on the accompanying forms PTOISBiOBA and PTOtSBi‘OBB. Cepies of the non-
`US. patent documents. if any. are enclosed.
`
`Applicants note that although the cited references may be relevant to the
`examination of the above-referenced application. under 37 C.F.R. § 1.97(h). the filing of
`this infonnation Disciosure Statement "shall not be construed to be an admission that
`the information cited in the statement is, or is considered to be. material to patentability
`as defined in § 1.56(b)." Applicants further note that the filing of this information
`Disciosure Statement is not an admission that the references cited herein constitute
`prior art under 35 U.S.C. §§ 102-103 with respect to the captioned application.
`Applicants submit that no additional fee is necessary for consideration of this
`Information Disciosure 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 Disciosure Statement.
`
`Date:
`
`
`
`007‘9 2010
`
`K81L GATES LLP
`210 Sixth Avenue
`Pitt