`compared to
`PCT/US2009/039754
`
`Exhibit 1054 - p. 1
`
`
`
`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 1A"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.
`
`SUMMARY
`
`In one general aspect, the present invention is directed to a wireless earphone that comprises a
`transceiver circuit for receiving streaming audio from a data source, such as a digital audio player or a
`computer, over an ad hoc wireless network. 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 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 streams digital audio. The earphone may then connect to the content
`server using the IP address. The content server may be an Internet radio server, including, for example,
`an Internet radio server that broadcasts streaming audio from the data source or some other content.
`
`
`
`These and other advantageous, unique aspects of the wireless earphone are described below.
`
`
`
`FIGURES
`
`
`
`Various embodiments of the present invention are described herein by way of example in conjunction
`with the following figures, wherein:
`
`Exhibit 1054 - p. 2
`
`
`
`Figures IA- IEFIGS. 1A-1E are views of a wireless earphone according to various embodiments of the
`present invention;
`
`FiguresFIGS. 2A-2D illustrate various communication modes for a wireless earphone according to various
`embodiments of the present invention;
`
`FigureFIG. 3 is a block diagram of a wireless earphone according to various embodiments of the present
`invention; Figures
`
`FIGS. 4A-4B show the wireless earphone connected to another device according to various
`embodiments of the present invention;
`
`FigureFIG. 5 is a diagram of a process implemented by a host server according to various embodiments
`of the present invention;
`
`FigureFIG. 6 is a diagram of a process implemented by the wireless earphone to transition automatically
`between wireless networks according to various embodiments of the present invention;
`
`FiguresFIGS. 7, 8 and 10 illustrate communication systems involving the wireless earphone according to
`various embodiments of the present invention;
`
`FigureFIG. 9 is a diagram of a headset including a wireless earphone and a microphone according to
`various embodiments of the present invention; and
`
`FigureFIG. 11 is a diagram of a pair of wireless earphones with a dongle according to various
`embodiments of the present invention.
`
`DESCRIPTION
`
`In one general aspect, the present invention is directed to a wireless earphone that receives streaming
`audio data via ad hoc wireless networks and infrastructure wireless networks, and that transitions
`seamlessly between wireless networks. The earphone may comprise one or more in-ear, on-ear, or
`over-ear speaker elements. Two exemplary in-ear earphone shapes for the wireless earphone 10 are
`
`Exhibit 1054 - p. 3
`
`
`
`shown in Figures IAFIGS. 1A and IB1B, respectively, although in other embodiments the earphone may
`take different shapes and the exemplary shapes shown in Figures IAFIGS. 1A and IB1B are not intended
`to be limiting. In one embodiment, the earphone transitions automatically and seamlessly, without user
`intervention, between communication modes. That is, the earphone may transition automatically from
`an ad hoc wireless network to an infrastructure wireless network, without user intervention. As used
`herein, an "ad hoc wireless network" is a network where two (or more) wireless-capable devices, such
`as the earphone and a data source, communicate directly and wirelessly, without using an access point.
`An "infrastructure wireless network," on the other hand, is a wireless network that uses one or more
`access points to allow a wireless-capable device, such as the wireless earphone, to connect to a
`computer network, such as a LAN or WAN (including the Internet).
`
`Figures IAFIGS. 1A and IB1B show example configurations for a wireless earphone 10 according to
`various embodiments of the present invention. The examples shown in Figures IAFIGS. 1A and IB1B are
`not limiting and other configurations are within the scope of the present invention. As shown in Figures
`IAFIGS. 1A and IB1B, the earphone 10 may comprise a body 12. The body 12 may comprise an ear canal
`portion 14 that is inserted in the ear canal of the user of the earphone 10. hiIn various embodiments,
`the body 12 also may comprise an exterior portion 15 that is not inserted into user's ear canal. The
`exterior portion 15 may comprise a knob 16 or some other user control (such as a dial, a pressure-
`activated switch, lever, etc.) for adjusting the shape of the ear canal portion 14. That is, in various
`embodiments, activation (e.g. rotation) of the knob 16 may cause the ear canal portion 14 to change
`shape so as to, for example, radially expand to fit snugly against all sides of the user's ear canal. Further
`details regarding such a shape-changing earbud earphone are described in application PCT/US08/88656,
`filed 31 DecemberDec. 2008, entitled "Adjustable Shape Earphone," which is incorporated herein by
`reference in its entirety. The earphone 10 also may comprise a transceiver circuit housed within the
`body 12. The transceiver circuit, described further below, may transmit and receive the wireless signals,
`including receive streaming audio for playing by the earphone 10. The transceiver circuit may be housed
`in the exterior portion 15 of the earphone 10 and/or in the ear canal portion 14.
`
`Although the example earphones 10 shown in Figures IAFIGS. 1A and IB1B include a knob 16 for
`adjusting the shape of the ear canal portion 14, the present invention is not so limited, and in other
`embodiments, different means besides a knob 16 may be used to adjust the ear canal portion 14. In
`addition, in other embodiments, the earphone 10 may not comprise a shape-changing ear canal portion
`14.
`
`In various embodiments, the user may wear two discrete wireless earphones 10: one in each ear. In such
`embodiments, each earphone 10 may comprise a transceiver circuit. In such embodiments, the
`earphones 10 may be connected by a string or some other cord-type connector to keep the earphones
`10 from being separated.
`
`Exhibit 1054 - p. 4
`
`
`
`In other embodiments, as shown in FigureFIG. 1C, a headband 19 may connect the two (left and right)
`earphones 10. The headband 19 may be an over-the-head band, as shown in the example of FigureFIG.
`1C, or the headband may be a behind-the-head band. In embodiments comprising a headband 19, each
`earphone 10 may comprise a transceiver circuit; hence, each earphone 10 may receive and transmit
`separately the wireless communication signals. In other embodiments comprising a headband 19, only
`one earphone 10 may comprise the transceiver circuit, and a wire may run along the headband 19 to the
`other earphone 10 to connect thereby the transceiver circuit to the acoustic transducer in the earphone
`that does not comprise the transceiver circuit. The embodiment shown in FigureFIG. 1C comprises on-
`ear earphones 10; in other embodiments, in-ear or over-ear earphones may be used.
`
`In other embodiments, the earphone 10 may comprise a hanger bar 17 that allows the earphone 10 to
`clip to, or hang on, the user's ear, as shown in the illustrated embodiment of Figures ID- IE. Figure
`IDFIGS. 1D-1E. FIG. 1D is a perspective view of the earphone and Figure IEFIG. 1E is a side view according
`to one embodiment. As shown in the illustrated embodiment, the earphone 10 may comprise dual
`speaker elements 106-A, 106-B. One of the speaker elements (the smaller one) 106-A is sized to fit into
`the cavum concha of the listener's ear and the other element (the larger one) 106-B is not. The listener
`may use the hanger bar to position the earphone on the listener's ear. In that connection, the hanger
`bar may comprise a horizontal section that rests upon the upper external curvature of the listener's ear
`behind the upper portion of the auricula (or pinna). The earphone may comprise a knurled knob that
`allows the user to adjust finely the distance between the horizontal section of the hanger bar and the
`speaker elements, thereby providing, in such embodiments, another measure of adjustability for the
`user. More details regarding such a dual element, adjustable earphone may be found in United
`StatesU.S. provisional patent application SerialSer. No. 61/054,238, which is incorporated herein by
`reference in its entirety.
`
`FiguresFIGS. 2A-2D illustrate various communication modes for a wireless data communication system
`involving the earphone 10 according to embodiments of the present invention. As shown in Figure 2
`AFIG. 2A, the system comprises a data source 20 in communication with the earphone 10 via an ad hoc
`wireless network 24. The earphone 10, via its transceiver circuit (described in more detail below), may
`communicate wirelessly with a data source 20, which may comprise a wireless network adapter 22 for
`transmitting the digital audio wirelessly. For example, the data source 20 may be a digital audio player
`(DAP), such as an mp3 player or an iPod, or any other suitable digital audio playing device, such as a
`laptop or personal computer, that stores and/or plays digital audio files. In other embodiments, the data
`source 20 may generate analog audio, and the wireless network adapter 22 may encode the analog
`audio into digital format for transmission to the earphone 10.
`
`The wireless network adapter 22 may be an integral part of the data source 20, or it may be a separate
`device that is connected to the data source 20 to provide wireless connectivity for the data source 20.
`For example, the wireless network adapter 22 may comprise a wireless network interface card (WNIC)
`or other suitable transceiver that plugs into a USB port or other port or jack of the data source 20 (such
`as a TRS connector) to stream data, e.g., digital audio files, via a wireless network (e.g., the ad hoc
`
`Exhibit 1054 - p. 5
`
`
`
`wireless network 24 or an infrastructure wireless network). The digital audio transmitted from the data
`source 20 to the earphone 10 via the wireless networks may comprise compressed or uncompressed
`audio. Any suitable file format may be used for the audio, including mp3, lossy or lossless WMA, Vorbis,
`Musepack, FLAC, WAV, AIFF, AU, or any other suitable file format.
`
`When in range, the data source 20 may communicate with the earphone 10 via the ad hoc wireless
`network 24 using any suitable wireless communication protocol, including Wi-Fi (e.g., IEEE 802.1
`la11a/b/g/n), WiMAX (IEEE 802.16), Bluetooth, Zigbee, UWB, or any other suitable wireless
`communication protocol. For purposes of the description to follow, it is assumed that the data source 20
`and the earphone 10 communicate using a Wi-Fi protocol, although the invention is not so limited and
`other wireless communication protocols may be used in other embodiments of the invention. The data
`source 20 and the earphone 10 are considered in range for the ad hoc wireless network 24 when the
`signal strengths (e.g., the RSSI) of the signals received by the two devices are above a threshold
`minimum signal strength level. For example, the data source 20 and the earphone 10 are likely to be in
`range for an ad hoc wireless network when then are in close proximity, such as when the wearer of the
`earphone 10 has the data source 20 on his/her person, such as in a pocket, strapped to their waist or
`arm, or holding the data source in their hand.
`
`When the earphone 10 and the data source 20 are out of range for the ad hoc wireless network 24, that
`is, when the received signals degrade below the threshold minimum signal strength level, both the
`earphone 10 and the data source 20 may transition automatically to communicate over an
`infrastructure wireless network (such as a wireless LAN (WLAN)) 30 that is in the range of both the
`earphone 10 and the data source 20, as shown in FigureFIG. 2B. The earphone 10 and the data source 20
`(e.g., the wireless network adapter 22) may include firmware, as described further below, that cause the
`components to make the transition to a common infrastructure wireless network 30 automatically and
`seamlessly, e.g., without user intervention. The earphone 10 may cache the received audio in a buffer or
`memory for a time period before playing the audio. The cached audio may be played after the
`connection over the ad hoc wireless network is lost to give the earphone 10 and the data source 20 time
`to connect via the infrastructure wireless network.
`
`For example, as shown in FigureFIG. 2B, the infrastructure network may comprise an access point 32
`that is in the range of both the data source 20 and the earphone 10. The access point 32 may be an
`electronic hardware device that acts as a wireless access point for, and that is connected to, a wired
`and/or wireless data communication network 33, such as a LAN or WAN, for example. The data source
`20 and the earphone 10 may both communicate wirelessly with the access point 32 using the
`appropriate network data protocol (a Wi-Fi protocol, for example). The data source 20 and the earphone
`10 may both transition automatically to an agreed-upon WLAN 30 that is in the range of both devices
`when they cannot communicate satisfactorily via the ad hoc wireless network 24. A procedure for
`specifying an agreed-upon infrastructure wireless network 30 is described further below. Alternatively,
`the infrastructure wireless network 30 may have multiple access points 32a-b, as shown in FigureFIG.
`2C. In such an embodiment, the data source 20 may communicate wirelessly with one access point 32b
`
`Exhibit 1054 - p. 6
`
`
`
`and the earphone 10 may communicate wirelessly with another access point 32a of the same
`infrastructure wireless network 30. Again, the data source 20 and the earphone 10 may transition to an
`agreed-upon WLAN.
`
`
`
`If there is no suitable common infrastructure wireless network over which the earphone 10 and the data
`source 20 can communicate, as shown in FigFIG. 2D, the earphone 10 may transition to communicate
`with an access point 32a for an available (first) wireless network (e.g., WLAN) 30a that is in the range of
`the earphone 10. In this mode, the earphone 10 may connect via the wireless network 30a to a network-
`enabled host server 40. The host server 40 may be connected to the wireless network 30a via an
`electronic data communication network 42, such as the Internet. In one mode, the host server 40 may
`transmit streaming digital audio via the networks 33a, 42 to the earphone 10. hiIn another mode, the
`host server 40 may transmit to the earphone 10 a network address, such as an Internet Protocol (IP)
`address, for a streaming digital audio content server 70 on the network 42. Using the received IP
`address, the earphone 10 may connect to the streaming digital audio content server 70 via the networks
`30a, 42 to receive and process digital audio from the streaming digital audio content server 70. The
`digital audio content server 70 may be, for example, an Internet radio station server.
`
`The digital audio content server 70 may stream digital audio over the network 42 (e.g., the Internet),
`which the earphone 10 may receive and process. In one embodiment, the streaming digital audio
`content server 70 may stream digital audio received by the streaming digital audio content server 70
`from the data source 20. For example, where the data source 20 is a wireless- capable device, such as a
`portable DAP, the data source 20 may connect to the streaming digital audio content server 70 via a
`wireless network 30b and the network 42. Alternatively, where for example the data source 20 is non-
`wireless-capable device, such as a PC, the data source 20 may have a direct wired connection to the
`network 42. After being authenticated by the streaming digital audio content server 70, the data source
`20 may stream digital audio to the streaming digital audio content server 70, which may broadcast the
`received digital audio over the network 42 (e.g., the Internet). In such a manner, the user of the
`earphone 10 may listen to audio from the data source 20 even when (i) the earphone 10 and the data
`source 20 are not in communication via an ad hoc wireless network 24 and (ii) the earphone 10 and the
`data source 20 are not in communication via a common local infrastructure wireless network 30.
`
`FigureFIG. 3 is a block diagram of the earphone 10 according to various embodiments of the present
`invention. In the illustrated embodiment, the earphone 10 comprises a transceiver circuit 100 and
`related peripheral components. As shown in FigureFIG. 3, the peripheral components of the earphone
`10 may comprise a power source 102, a microphone 104, one or more acoustic transducers 106 (e.g.,
`speakers), and an antenna 108. The transceiver circuit 100 and some of the peripheral components
`(such as the power source 102 and the acoustic transducers 106) may be housed within the body 12 of
`the earphone 10 (see FigureFIG. 1). Other peripheral components, such as the microphone 104 and the
`antenna 108 may be external to the body 12 of the earphone 10. In addition, some of the peripheral
`components, such as the microphone 104, are optional in various embodiments.
`
`Exhibit 1054 - p. 7
`
`
`
`In various embodiments, the transceiver circuit 100 may be implemented as a single integrated circuit
`(IC), such as a system-on-chip (SoC), which is conducive to miniaturizing the components of the
`earphone 10, which is advantageous if the earphone 10 is to be relatively small in size, such as an in-ear
`earphone (see Figures 1 A-IBFIGS. 1A-1B for example). In alternative embodiments, however, the
`components of the transceiver circuit 100 could be realized with two or more discrete ICs or other
`components, such as separate ICs for the processors, memory, and RF (e.g., Wi-Fi) module, for example.
`
`The power source 102 may comprise, for example, a rechargeable or non-rechargeable battery (or
`batteries). In other embodiments, the power source 102 may comprise one or more ultracapacitors
`(sometimes referred to as supercapacitors) that are charged by a primary power source. In
`embodiments where the power source 102 comprises a rechargeable battery cell or an ultracapacitor,
`the battery cell or ultracapacitor, as the case may be, may be charged for use, for example, when the
`earphone 10 is connected to a docking station or computer. The docking station may be connected to or
`part of a computer device, such as a laptop computer or PC. In addition to charging the rechargeable
`power source 102, the docking station and/or computer may facilitate downloading of data to and/or
`from the earphone 10. In other embodiments, the power source 102 may comprise capacitors passively
`charged with RPRF radiation, such as described in U.S. PatentPat. No. 7,027,311. The power source 102
`may be coupled to a power source control module 103 of transceiver circuit 100 that controls and
`monitors the power source 102.
`
`The acoustic transducer(s) 106 may be the speaker element(s) for conveying the sound to the user of
`the earphone 10. According to various embodiments, the earphone 10 may comprise one or more
`acoustic transducers 106. For embodiments having more than one transducer, one transducer may be
`larger than the other transducer, and a crossover circuit (not shown) may transmit the higher
`frequencies to the smaller transducer and may transmit the lower frequencies to the larger transducer.
`More details regarding dual element earphones are provided in U.S. PatentPat. No. 5,333,206, assigned
`to Koss Corporation, which is incorporated herein by reference in its entirety.
`
`The antenna 108 may receive and transmit the wireless signals from and to the wireless networks 24,
`30. A RF (e.g., Wi-Fi) module 110 of the transceiver circuit 100 in communication with the antenna 108
`may, among other things, modulate and demodulate the signals transmitted from and received by the
`antenna 108. The RF module 110 communicates with a baseband processor 112, which performs other
`functions necessary for the earphone 10 to communicate using the Wi-Fi (or other communication)
`protocol.
`
`The baseband processor 112 may be in communication with a processor unit 114, which may comprise a
`microprocessor 116 and a digital signal processor (DSP) 118. The microprocessor 116 may control the
`various components of the transceiver circuit 100. The DSP 114 may, for example, perform various
`
`Exhibit 1054 - p. 8
`
`
`
`sound quality enhancements to the digital audio received by the baseband processor 112, including
`noise cancellation and sound equalization. The processor unit 114 may be in communication with a
`volatile memory unit 120 and a non- volatile memory unit 122. A memory management unit 124 may
`control the processor unit's access to the memory units 120, 122. The volatile memory 122 may
`comprise, for example, a random access memory (RAM) circuit. The non- volatile memory unit 122 may
`comprise a read only memory (ROM) and/or flash memory circuits. The memory units 120, 122 may
`store firmware that is executed by the processor unit 114. Execution of the firmware by the processor
`unit 114 may provide various functionality for the earphone 10, such as the automatic transition
`between wireless networks as described herein. The memory units 120, 122 may also cache received
`digital audio.
`
`A digital-to-analog converter (DAC) 125 may convert the digital audio from the processor unit 114 to
`analog form for coupling to the acoustic transducer(s) 106. An I2SI.sup.2S interface 126 or other suitable
`serial or parallel bus interface may provide the interface between the processor unit 114 and the DAC
`125. An analog-to-digital converter (ADC) 128, which also communicates with the I2SI.sup.2S interface
`126, may convert analog audio signals picked up by the microphone 104 for processing by the processor
`unit 114.
`
`The transceiver circuit 100 also may comprise a USB or other suitable interface 130 that allows the
`earphone 10 to be connected to an external device via a USB cable or other suitable link. As shown in
`FigureFIG. 4A, the external device may be a docking station 200 connected to a computer device 202.
`Also, in various embodiments, the earphone 10 could be connected directly to the computer 202
`without the docking station 200. hiIn addition, the external device may be a DAP 210, as shown in
`FigureFIG. 4B. In that way, the earphone 10 could connect directly to a data source 20, such as the DAP
`210 or the computer 202, through the USB port 130. In addition, through the USB port 130, the
`earphone 10 may connect to a PC 202 or docking station 202 to charge up the power source 102 and/or
`to get downloads (e.g., data or firmware).
`
`According to various embodiments, the earphone 10 may have an associated web page that a user may
`access through the host server 40 (see FigureFIG. 2D) or some other server. An authenticated user could
`log onto the website from a client computing device 50 (e.g., laptop, PC, handheld computer device,
`etc., including the data source 20) (see FigureFIG. 2D) to access the web page for the earphone 10 to set
`various profile values for the earphone 10. For example, at the web site, the user could set various
`content features and filters, as well as adjust various sound control features, such as treble, bass,
`frequency settings, noise cancellation settings, etc. In addition, the user could set preferred streaming
`audio stations, such as preferred Internet radio stations or other streaming audio broadcasts. That way,
`instead of listening to streaming audio from the data source 20, the user could listen to Internet radio
`stations or other streaming audio broadcasts received by the earphone 10. In such an operating mode,
`the earphone user, via the web site, may prioritize a number of Internet radio stations or other
`broadcast sources (hosted by streaming digital audio content servers 70). With reference to FigureFIG.
`7, the host server 40 may send the IP address for the earphone user's desired (e.g., highest priority)
`
`Exhibit 1054 - p. 9
`
`
`
`Internet radio station to the earphone 10. A button 11 on the earphone 10, such as on the rotating dial
`16 as shown in the examples of Figures IAFIGS. 1A and IB1B, may allow the user to cycle through the
`preset preferred Internet radio stations. That is, for example, when the user presses the button 11, an
`electronic communication may be transmitted to the host server 40 via the wireless network 30, and in
`response to receiving the communication, the host server 40 may send the IP address for the user's next
`highest rated Internet radio station via the network 42 to the earphone 10. The earphone 10 may then
`connect to the streaming digital audio content server 70 for that Internet radio station using the IP
`address provided by the host server 40. This process may be repeated, e.g., cycled through, for each
`preset Internet radio station configured by the user of the earphone 10.
`
`At the web site for the earphone 10 hosted on the host server 40, in addition to establishing the
`identification of digital audio sources (e.g., IDs for the user's DAP or PC) and earphones, the user could
`set parental or other user controls. For example, the user could restrict certain Internet radio broadcasts
`based on content or parental ratings, etc. That is, for example, the user could configure a setting
`through the web site that prevents the host server 40 from sending an IP address for a streaming digital
`audio content server 70 that broadcasts explicit content based on a rating for the content. In addition, if
`a number of different earphones 10 are registered to the same user, the user could define separate
`controls for the different earphones 10 (as well as customize any other preferences or settings particular
`to the earphones 10, including Internet radio stations, sound quality settings, etc. that would later be
`downloaded to the earphones 10). In addition, in modes where the host server 40 streams audio to the
`earphone 10, the host server 40 may log the files or content streamed to the various earphones 10, and
`the user could view at the web site the files or content that were played by the earphones 10. In that
`way, the user could monitor the files played by the earphones 10.
`
`In addition, the host server 40 may provide a so-called eavesdropping function according to various
`embodiments. The eavesdropping service could be activated via the web site. When the service is
`activated, the host server 40 may transmit the content that it is delivering to a first earphone 10a to
`another, second earphone 10b, as shown in FigureFIG. 8. Alternatively, the host server 40 may transmit
`to the second earphone 10b the most recent IP address for a streaming digital audio content server 70
`that was sent to the first earphone 10a. The second earphone 10b may then connect to the streaming
`digital audio content server 70 that the first earphone 10a is currently connected. That way, the user of
`the second earphone 10b, which may be a parent, for example, may directly monitor the content being
`received by the first earphone 10a, which may belong to a child of the parent.
`
`This function also could be present in the earphones 10 themselves, allowing a parent (or other user) to
`join an ad-hoc wireless network and listen to what their child (or other listener) is hearing. For example,
`with reference to FigureFIG. 10, a first earphone 10a may receive wireless audio, such as from the data
`source 20 or some other source, such as the host server 40. The first earphone 10a may be programmed
`with firmware to broadcast the received audio to a second earphone 10b via an ad hoc wireless network
`24. That way, the wearer of the second earphone 10b can monitor in real-time the content being played
`by the first earphone 10a.
`
`Exhibit 1054 - p. 10
`
`
`
`At the web site, the user may also specify the identification number ("ID") of their earphone(s) 10, and
`the host server 40 may translate the ID to the current internet protocol (IP) addresses for the earphone
`10 and for the data source 20. This allows the user to find his or her data source 20 even when it is
`behind a firewall or on a changing IP address. That way, the host server 40 can match the audio from the
`data source 20 to the appropriate earphone 10 based on the specified device ID. The user also could
`specify a number of different data sources 20. For example, the user's DAP may have one specified IP
`address and the user's home (or work) computer may have another specified IP address. Via the web
`site hosted by the host server 40, the user could specify or prioritize from which source (e.g., the user's
`DAP or computer) the earphone 10 is to receive content.
`
`
`
`The host server 40 (or some other server) may also push firmware upgrades and/or data updates to the
`earphone 10 using the IP addresses of the earphone 10 via the networks 30, 42. In addition, a user could
`download the firmware upgrades and/or data updates from the host server 40 to the client computing
`device 202 (see FigureFIG. 4A) via the Internet, and then download the firmware upgrades and/or data
`updates to the earphone 10 when the earphone 10 is connected to the client computer device 202 (such
`as through a USB port and/or the docking station 200).
`
`Whether the downloads are transmitted wirelessly to the earphone 10 or via the client computing
`device 202 may depend on the current data rate of the earphone 10 and the quantity of data to be
`transmitted to the earphone 10. For example, according to various embodiments, as shown in the
`process flow of FigureFIG. 5, the host server 40 may be programmed, at step 50, to make a
`determination, based on the current data rate for the earphone 10 and the size of the update, whether
`the update should be pushed to the earphone 10 wirelessly (e.g., via the WLAN 30a in FigureFIG. 2D). If
`the update is too large and/or the current data rate is too low that the performance of the earphone 10
`will be adversely affected, the host server 40 may refrain from pushing the update to the earphone 10
`wirelessly and wait instead to download the update to the client computing device 202 at step 51.
`Conversely, if the host server 40 determines that, given the size of the update and the current data rate
`for the earphone 10 that the performance of the earphone 10 will not be adversely affected, the host
`server 40 may transmit the update wirelessly to the earphone 10 at step 52.
`
`As mentioned above, the processor unit 114 of the speakerphones 14 may be programmed, via
`firmware stored in the memory 120, 122, to have the ability to transition automatically from the ad hoc
`wireless network 24 to an infrastructure wireless network 30 (such as a WLAN) when the quality of the
`signal on the ad hoc wireless network 24 degrades below a suitable threshold (such as when the data
`source 20 is out of range for an ad hoc wireless network). In that case, the earphone 10 and the data
`source 20 may conn