IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Applicant:
`
`Pelland et a1.
`
`-
`
`Serial No.:
`
`TBD
`
`Filing Date:
`
`TBD
`
`) Examiner: TBD
`)
`) Art Unit:
`)
`) Atty. Docket No. 080188PCTUSCONCON
`
`TBD
`
`Title: SYSTEM WITH WIRELESS EARPHONES
`
`REQUEST FOR CORRECTION OF INVENTORSHIP
`PURSUANT TO 37 C.F.R. §1.48§b1
`
`Mail Stop Application
`Commissioner for Patents
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`Sir:
`
`The Subject Application claims priority as a continuation to United States nonprovisional
`
`patent application Serial Number 13/459,291 filed May 17, 2012 (“the ‘291 application”), which
`
`is a continuation of United States nonprovisional patent application Serial Number 12/936,488,
`
`filed December 20, 2010 (“the ,‘488 application”). Pursuant to 37 C.F.R. § l.48(b), the assignee
`
`of the entire right, title and interest in and to the Subject Application, Koss Corporation,
`
`respectfully requests amendment to the inventorship of the Subject Application as outlined
`
`below.
`
`The original declaration filed with the ‘488 and ‘291 applications correctly named
`
`Michael J. Pelland, Michael J. Koss, Michael Sagan, Steven Reckamp, Greg Hollingstad, Jeff
`
`Bovee, and Morgan Lowery as joint inventors. Due to the new claims in the Subject
`
`Application, the invention or inventions of Mr. Sagan, Mr. Reckamp and Mr. Bovee are no
`
`longer the subject of claims pending in the Subject Application. Therefore, pursuant to 37
`
`CPR. 1.48(b), applicants respectfully request amendment of the subject application to delete the
`
`names of Mr. Sagan, Mr. Reckamp and Mr. Bovee as inventors. As such, the named inventors
`
`for the Subject Application should be: Michael J. Pelland, Michael J. Koss, Greg Hollingstad,
`
`and Morgan Lowery.
`
`Exhibit 1086 - p. 1
`Exhibit 1086 - p. l
`
`Bose Exhibit 1086
`
`Bose v. Koss
`
`

`

`Attorney Docket No. 080188PCTUSCONCON
`
`This request is signed by a party set forth in 37 CPR. §l.33(b). The Office is authorized
`
`to charge Deposit Account No. 11—1110 for the amount of the required fee set forth in 37 C.F.R.
`
`§ 1.17(i) and for any other fees necessary for consideration of this request.
`
`The Office is invited to contact the undersigned with any questions regarding the Subject
`
`Application.
`
`Date: September 11, 2012
`
`K&L GATES LLP
`K&L Gates Center
`
`Respectfully submitted.
`
`/Mark G. Knedeisen/
`Mark G. Knedeisen
`
`Reg. No. 42,747
`
`210 Sixth Avenue
`Pittsburgh, Pennsylvania 15222
`
`(412) 355-6342
`Ph.
`Fax (412) 355-6501
`
`Exhibit 1086 - p. 2
`
`Exhibit 1086 - p. 2
`
`

`

`PTO/$8105 (OB-08)
`Approved for use through 01l31l2014. OMB 0651-0032
`US. Patent and Trademark Office. U.S. DEPARTMENT OF COMMERCE
`Under the Paerwork Reduction Act of 1995 no .
`o res-end to a ilection of information unless it disda s a’valld OMB control number.
`‘
`'
`rsons -
`
`
`
`
`UTlLiTY
`PATENT APPLICATION
`
`
`
`A
`TRANSMITTAL
`--
`(Only for new nonprovisional applications under 37 CFR 1. 53(b))
`
`
`
`Commissioner for Patents
`APPLICATION ELEMENTS
`
`P.O. Box 1450
`ADDRESS TO:
`
`See MPEP chapter 600 concerning utility patent application contents,
`Alexandria VA 2231 3-1 450
`
`
`
`
`
`
`9. [:1 Assignment Papers (cover sheet & document(s))
`Name of Assignee
`
`
`
`
`
`
`
`
`10. [j 37 CFR 3.73m) Statement
`DPower or
`(when there is an assignee)
`Attorney
`
`
`
`
`
`
`
`
`
`12. {Z1 infoE-rftion Disclosure Statement (PTO/SB/oa or PT01449)
`
`Copies of citations attached
`
`
`1.
`
`Fee Transmittal Form (e.g., PTO/sen?)
`
`3.
`
`i.
`
`2. [2] Applicant claims small entity status.
`See 37 CFR 1.27.
`gg
`{Total Pages
`Specification
`Both the claims and abstract must start on a new page
`{For information on the preferred arrangement, see MPEP 608.01lai)
`4.. Drawingls) (35 U.S.C. 113)
`[Total Sheets
`16
`5. Oath or Declaration
`[Total Sheets
`6
`a. I Newly executed (original or copy)
`1').
`A copy from a prior application (37 CFR 1.63(d))
`for continuation/divisional with Box 13 completed}
`DELETlQN OF lNVENTORlSl
`Signed statement attached deleting inventor(s)
`name in the prior application, see 37 CFR
`1.63(d)(2) and 1.330)).
`
`]
`
`}
`
`i
`
`11. [Z] English Translation Document (if applicable)
`
`
`
`Application Data Sheet. See 37 CFR 1.76
`6.
`
`7. [:1 CD-ROM or CD-R in duplicate, large table or
`
`outer Program (Appendix)
`Landscape Table on CD
`»
`
`
`15. [:1 Certified Copy of Priority Documentls)
`8. Nucleotide and/or Amino Acid Sequence Submission
`'
`.
`_
`_
`.
`.
`
`
`(if foreign pnonly is claimed)
`(if applicable, items a. — c. are required)
`
`
`a.
`[:3 Computer Readable Form (CRF)
`
`b.
`Specification Sequence Listing on:
`
`16. [:3 Nonpublication Request under 35 U.S.C. 122(b)(2)(8)(i).
`Applicant must attach form PTO/SB/35 or equivalent.
`
`
`
`
`
`
`17. DOthert
`
` c, [j Statements verifying identity of above copies
`18. if a CONTINUlNG APPLICATION. check appropriate box, and supply the requisite infonnaz‘ion below and in the first sentence of the
`
`specification following the title, or in an Application Data Sheet under 37 CFR 1. 76:
`
`
`
`13 E] Mammary Amendment
`
`14. [‘3 Return Receipt Postcard (MPEP 503)
`(Should be specifically itemized)
`
`[:1 CD-ROM or CD—R (2 copies);or
`i.
`ii. [:3 Paper
`
`
`
`Continuation
`Prior application infomalion:
`
`C} Continuation-impart (ClP)
`E] Divisional
`Examiner 51g: M, Egan
`
`.
`
`of prior application No.: 13l459,291..........
`Art Unit: 2§12
`
`19. CORRESPONDENCE ADDRESS
`
`The address associated with Customer Number:
`
`OR E] Correspondence address below
`
`
`
`
`‘
`a 7
`i
`'
`3W6 .11“ Date 09/11/2012
`ame
`.
`Registration No.
`
`42.747
`PrintlT 8
`Mark G. Knedersen
`Attorna IAent
`
`This collection of information is required by 37 CFR 1530:). The information is required to obtain or retain a benefit by the public which is to tile (and by the
`USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 12 minutes to
`complete. including gathering. preparing. and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any
`comments on the amount of time you require to complete this form and/or suggestions for reducing this burden. should be sent to the Chief Information Officer.
`U.S. Patent and Trademark Office. US. Department of Commerce, PO Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED
`FORMS TO THIS ADDRESS. SEND To: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
`
`
`
`Exhibit 1086 - p. 3
`
`Exhibit 1086 - p. 3
`
`

`

`PTO/SHIN (03-12)
`Approved for use through 01/31/2014. 0MB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Pa-erwork Reduction Act of 1995 no -ersons are re uired to res-0nd to a collection of information unless it dis- la 5 a valid OMB control number
`
`Complete if known
`
`Application Number
`Filing Date
`
`First Named Inventor
`
`Michael J. Pelland
`
`Deposit Account Name: K&L Gates LLP
`Deposit Account Deposit Account Number: 114110
`For the above~identified deposit account, the Director is hereby authorized to (check all that apply):
`
`Charge feels) indicated below
`
`:1 Charge feels) indicated below, except for the filing fee
`
`
`
`‘
`
`SEARCH FEES
`
`EXAMINATION FEES
`
`Small Entig Fee (51
`125
`80
`100
`37s
`
`
`
`
`
`
`
`
`
`
`
`
`Not Yet Assigned
`Applicant claims small entity status. See 37 CFR 1.27
`
`
`
`
`080188PCTUSCONCON
`Practitioner Docket No.
`TOTAL AMOUNT OF PAYMENT
`(5) 660.00
`
`
`
`METHOD OF PAYMENT (check all that apply)
`
`(:1 Check [:1 Credit Card D Money Order D None :1 Other (please identify):
`
`
`
`
`
`
`
`
`
`
`
`Charge any additional feels) or underpayment of feeis) 2] Credit any overpayment of feels)
`under 37 CFR 1.16 and 1.17
`WARNING: Information on this form may become public. Credit card information should not be included on this form. Provide credit card
`
`information and authorization on PTO-2038.
`FEE CALCULATION
`
`1. BASIC FILING, SEARCH, AND EXAMINATION FEES
`
`FILING FEES
`Fees Paid ($1
`Fee ($1
`Small Entity Fee ($1
`Fee ($1
`Small Entity Fee (51‘
`Fee ($1
`Application Type
`
`
`$530.00
`250
`310
`620
`.190. 95 '
`380
`Utility
`160
`so
`120
`125
`250
`Design
`
`
`200
`190
`380
`125
`250
`Plant
`750
`310
`520
`190
`380
`Reissue
`
`
`O
`0
`O
`125
`250
`Provisional
`
`
`2. EXCESS CLAIM FEES
`
`
`Feg ($1
`Small Entig Fee ($1
`Fee Description
`
`
`
`Each claim over 20 (including Reissues)
`60
`30
`
`
`
`Each independent claim over 3 (including Reissues)
`250
`125
`
`
`Multiple dependent claims
`450
`225
`
`
`Extra Claims
`Total Claims
`x
`0
`~20 or HP =
`’3
`HP = highest number of total claims paid for, if greater than 20.
`
`
`Fee ($1
`Indeg. Claims
`Extra Claims
`0
`x
`-3 or HP =
`2
`0
`
`
`HP = highest number of independent claims paid for, if greater than 3.
`
`
`
`3. APPLICATION SIZE FEE
`
`
`
`Fee ($1
`0
`
`Fee Paid ($1
`0
`
`Fee Paid (51
`0
`
`=
`
`=
`
`Multiple Dependent Claims
`Fee ($1
`Fee Paid (S1
`
`Fee ($1 W
`ll
`
`lfthe specification and drawings exceed 100 sheets of paper (excluding electronically filed sequence or computer listings under 37 CFR 1.52(e)),
`
`
`the application size fee due is $310 ($155 for small entity) for each additional 50 sheets or fraction thereof. See 35 U.S.C. 41(a)(1)(G) and
`37 CFR 116(5).
`
`
`Total Sheets m Number of each additional 50 or fraction thereof
`
`- 100 =
`___
`/ 50 =
`(round up to a whole number)
`x
`
`
`4. OTHER FEE(5)
`
`
`Non-English specification, $130 fee (no small entity discount)
`Non—electronic filing fee under 37 CFR 1.16(t) for a utility application, $400 fee ($200 small entity)
`
`
`Other (e.g., late filing surcharge):
`Petition fee for Request for Correction of lnventorsnip Pursuant to 37 C.F.R. Section 1.48(b)
`SUBMITTED BY
`
`
`
` Registration No.
`
`
`
`
`
`Signature
`Telephone412—355-6342
`(Attorney/Agent) 42:747
`
`
`
`Date 09—11-2012
`Mark G. Knedeisen
`
`
`This collection of information is required by 37 CFR 1.136. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to
`process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 30 minutes to complete, including
`gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the
`amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and
`Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 223134.450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND
`To: Commissioner for Patents, P.0. Box 1450, Alexandria, VA 22313-1450.
`If you need assistance in completing theform, call 1-800—PTO-9199 and select option 2.
`
`Fees Paid IS)
`
`
`
`Exhibit 1086 - p. 4
`
`Exhibit 1086 - p. 4
`
`

`

`PTO/$8105 (OB-08)
`Approved for use through 01l31l2014. OMB 0651-0032
`US. Patent and Trademark Office. U.S. DEPARTMENT OF COMMERCE
`Under the Paerwork Reduction Act of 1995 no .
`o res-end to a ilection of information unless it disda s a’valld OMB control number.
`‘
`'
`rsons -
`
`
`
`
`UTlLiTY
`PATENT APPLICATION
`
`
`
`A
`TRANSMITTAL
`--
`(Only for new nonprovisional applications under 37 CFR 1. 53(b))
`
`
`
`Commissioner for Patents
`APPLICATION ELEMENTS
`
`P.O. Box 1450
`ADDRESS TO:
`
`See MPEP chapter 600 concerning utility patent application contents,
`Alexandria VA 2231 3-1 450
`
`
`
`
`
`
`9. [:1 Assignment Papers (cover sheet & document(s))
`Name of Assignee
`
`
`
`
`
`
`
`
`10. [j 37 CFR 3.73m) Statement
`DPower or
`(when there is an assignee)
`Attorney
`
`
`
`
`
`
`
`
`
`12. {Z1 infoE-rftion Disclosure Statement (PTO/SB/oa or PT01449)
`
`Copies of citations attached
`
`
`1.
`
`Fee Transmittal Form (e.g., PTO/sen?)
`
`3.
`
`i.
`
`2. [2] Applicant claims small entity status.
`See 37 CFR 1.27.
`gg
`{Total Pages
`Specification
`Both the claims and abstract must start on a new page
`{For information on the preferred arrangement, see MPEP 608.01lai)
`4.. Drawingls) (35 U.S.C. 113)
`[Total Sheets
`16
`5. Oath or Declaration
`[Total Sheets
`6
`a. I Newly executed (original or copy)
`1').
`A copy from a prior application (37 CFR 1.63(d))
`for continuation/divisional with Box 13 completed}
`DELETlQN OF lNVENTORlSl
`Signed statement attached deleting inventor(s)
`name in the prior application, see 37 CFR
`1.63(d)(2) and 1.330)).
`
`]
`
`}
`
`i
`
`11. [Z] English Translation Document (if applicable)
`
`
`
`Application Data Sheet. See 37 CFR 1.76
`6.
`
`7. [:1 CD-ROM or CD-R in duplicate, large table or
`
`outer Program (Appendix)
`Landscape Table on CD
`»
`
`
`15. [:1 Certified Copy of Priority Documentls)
`8. Nucleotide and/or Amino Acid Sequence Submission
`'
`.
`_
`_
`.
`.
`
`
`(if foreign pnonly is claimed)
`(if applicable, items a. — c. are required)
`
`
`a.
`[:3 Computer Readable Form (CRF)
`
`b.
`Specification Sequence Listing on:
`
`16. [:3 Nonpublication Request under 35 U.S.C. 122(b)(2)(8)(i).
`Applicant must attach form PTO/SB/35 or equivalent.
`
`
`
`
`
`
`17. DOthert
`
` c, [j Statements verifying identity of above copies
`18. if a CONTINUlNG APPLICATION. check appropriate box, and supply the requisite infonnaz‘ion below and in the first sentence of the
`
`specification following the title, or in an Application Data Sheet under 37 CFR 1. 76:
`
`
`
`13 E] Mammary Amendment
`
`14. [‘3 Return Receipt Postcard (MPEP 503)
`(Should be specifically itemized)
`
`[:1 CD-ROM or CD—R (2 copies);or
`i.
`ii. [:3 Paper
`
`
`
`Continuation
`Prior application infomalion:
`
`C} Continuation-impart (ClP)
`E] Divisional
`Examiner 51g: M, Egan
`
`.
`
`of prior application No.: 13l459,291..........
`Art Unit: 2§12
`
`19. CORRESPONDENCE ADDRESS
`
`The address associated with Customer Number:
`
`OR E] Correspondence address below
`
`
`
`
`‘
`a 7
`i
`'
`3W6 .11“ Date 09/11/2012
`ame
`.
`Registration No.
`
`42.747
`PrintlT 8
`Mark G. Knedersen
`Attorna IAent
`
`This collection of information is required by 37 CFR 1530:). The information is required to obtain or retain a benefit by the public which is to tile (and by the
`USPTO to process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.11 and 1.14. This collection is estimated to take 12 minutes to
`complete. including gathering. preparing. and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any
`comments on the amount of time you require to complete this form and/or suggestions for reducing this burden. should be sent to the Chief Information Officer.
`U.S. Patent and Trademark Office. US. Department of Commerce, PO Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED
`FORMS TO THIS ADDRESS. SEND To: Commissioner for Patents, P.O. Box 1450, Alexandria, VA 22313-1450.
`If you need assistance in completing the form, call 1-800-PTO-9199 and select option 2.
`
`
`
`Exhibit 1086 - p. 5
`
`Exhibit 1086 - p. 5
`
`

`

`PTO/SHIN (03-12)
`Approved for use through 01/31/2014. 0MB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under the Pa-erwork Reduction Act of 1995 no -ersons are re uired to res-0nd to a collection of information unless it dis- la 5 a valid OMB control number
`
`Complete if known
`
`Application Number
`Filing Date
`
`First Named Inventor
`
`Michael J. Pelland
`
`Deposit Account Name: K&L Gates LLP
`Deposit Account Deposit Account Number: 114110
`For the above~identified deposit account, the Director is hereby authorized to (check all that apply):
`
`Charge feels) indicated below
`
`:1 Charge feels) indicated below, except for the filing fee
`
`
`
`‘
`
`SEARCH FEES
`
`EXAMINATION FEES
`
`Small Entig Fee (51
`125
`80
`100
`37s
`
`
`
`
`
`
`
`
`
`
`
`
`Not Yet Assigned
`Applicant claims small entity status. See 37 CFR 1.27
`
`
`
`
`080188PCTUSCONCON
`Practitioner Docket No.
`TOTAL AMOUNT OF PAYMENT
`(5) 660.00
`
`
`
`METHOD OF PAYMENT (check all that apply)
`
`(:1 Check [:1 Credit Card D Money Order D None :1 Other (please identify):
`
`
`
`
`
`
`
`
`
`
`
`Charge any additional feels) or underpayment of feeis) 2] Credit any overpayment of feels)
`under 37 CFR 1.16 and 1.17
`WARNING: Information on this form may become public. Credit card information should not be included on this form. Provide credit card
`
`information and authorization on PTO-2038.
`FEE CALCULATION
`
`1. BASIC FILING, SEARCH, AND EXAMINATION FEES
`
`FILING FEES
`Fees Paid ($1
`Fee ($1
`Small Entity Fee ($1
`Fee ($1
`Small Entity Fee (51‘
`Fee ($1
`Application Type
`
`
`$530.00
`250
`310
`620
`.190. 95 '
`380
`Utility
`160
`so
`120
`125
`250
`Design
`
`
`200
`190
`380
`125
`250
`Plant
`750
`310
`520
`190
`380
`Reissue
`
`
`O
`0
`O
`125
`250
`Provisional
`
`
`2. EXCESS CLAIM FEES
`
`
`Feg ($1
`Small Entig Fee ($1
`Fee Description
`
`
`
`Each claim over 20 (including Reissues)
`60
`30
`
`
`
`Each independent claim over 3 (including Reissues)
`250
`125
`
`
`Multiple dependent claims
`450
`225
`
`
`Extra Claims
`Total Claims
`x
`0
`~20 or HP =
`’3
`HP = highest number of total claims paid for, if greater than 20.
`
`
`Fee ($1
`Indeg. Claims
`Extra Claims
`0
`x
`-3 or HP =
`2
`0
`
`
`HP = highest number of independent claims paid for, if greater than 3.
`
`
`
`3. APPLICATION SIZE FEE
`
`
`
`Fee ($1
`0
`
`Fee Paid ($1
`0
`
`Fee Paid (51
`0
`
`=
`
`=
`
`Multiple Dependent Claims
`Fee ($1
`Fee Paid (S1
`
`Fee ($1 W
`ll
`
`lfthe specification and drawings exceed 100 sheets of paper (excluding electronically filed sequence or computer listings under 37 CFR 1.52(e)),
`
`
`the application size fee due is $310 ($155 for small entity) for each additional 50 sheets or fraction thereof. See 35 U.S.C. 41(a)(1)(G) and
`37 CFR 116(5).
`
`
`Total Sheets m Number of each additional 50 or fraction thereof
`
`- 100 =
`___
`/ 50 =
`(round up to a whole number)
`x
`
`
`4. OTHER FEE(5)
`
`
`Non-English specification, $130 fee (no small entity discount)
`Non—electronic filing fee under 37 CFR 1.16(t) for a utility application, $400 fee ($200 small entity)
`
`
`Other (e.g., late filing surcharge):
`Petition fee for Request for Correction of lnventorsnip Pursuant to 37 C.F.R. Section 1.48(b)
`SUBMITTED BY
`
`
`
` Registration No.
`
`
`
`
`
`Signature
`Telephone412—355-6342
`(Attorney/Agent) 42:747
`
`
`
`Date 09—11-2012
`Mark G. Knedeisen
`
`
`This collection of information is required by 37 CFR 1.136. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to
`process) an application. Confidentiality is governed by 35 U.S.C. 122 and 37 CFR 1.14. This collection is estimated to take 30 minutes to complete, including
`gathering, preparing, and submitting the completed application form to the USPTO. Time will vary depending upon the individual case. Any comments on the
`amount of time you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U.S. Patent and
`Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 223134.450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND
`To: Commissioner for Patents, P.0. Box 1450, Alexandria, VA 22313-1450.
`If you need assistance in completing theform, call 1-800—PTO-9199 and select option 2.
`
`Fees Paid IS)
`
`
`
`Exhibit 1086 - p. 6
`
`Exhibit 1086 - p. 6
`
`

`

`
`
`Electronic Patent Application Fee Transmittal
`
`Title of Invention:
`
`SYSTEM WITH WIRELESS EARPHONES
`
`
`
`
`
`First Named Inventor/Applicant Name: Michael J. Pelland
`
`Filer:
`
`Mark G. Knedeisen/Michele Gray
`
`Attorney Docket Number:
`
`080188PCTUSCONCON
`
`Filed as Small Entity
`
`Utility under 35 USC 11 1 (a) Filing Fees
`
`Description
`
`Fee Code
`
`Quantity
`
`Sub-Total in
`USD($)
`
`Claims:
`
`Miscellaneous-Filing:
`
`Petition:
`
`130
`130
`i
`1464
`Petition fee— 37 CFR 1.1 7(h) (Group III)
`
`
`Exhibit 1086 - p. 7
`
`Exhibit 1086 - p. 7
`
`

`

`Sub-Total in
`Description USD($) Quantity
`
`
`
`
`
`Total in USD ($)
`
`Miscellaneous:
`
`
`Patent-Appeals—and-lnterference:
`
`Post-AlIowance-and-Post-lssuance:
`
`Extension-of—Time:
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`Exhibit 1086 - p. 8
`
`Exhibit 1086 - p. 8
`
`

`

`Electronic Acknowledgement Receipt
`
`13706999
`
`Confirmation Number:
`
`Title of Invention:
`
`SYSTEM WITH WIRELESS EARPHONES
`
`
`
`
`
`First Named Inventor/Applicant Name:
`
`Michael J. Pelland
`
`Customer Number:
`
`26285
`
`
`
`Filer Authorized By: Mark G. Knedeisen
`
`Attorney Docket Number:
`
`080188PCTUSCONCON
`
`11:04:14
`Time Stamp:
`
`
`
`
`Application Type: Utility under 35 USC 111(a)
`
`Payment information:
`
`yes
`Submitted with Payment
`PaymentType Deposit Account
`
`
`
`Payment was successfully received in RAM
`
`$660
`
`Deposit Account
`
`111110
`
`Charge any Additional Fees required under 37 C.F.R. Section 1.17 (Patent application and reexamination processing fees)
`
`The Director ofthe USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
`Charge any Additional Fees required under 37 C.F.R. Section 1.16 (National application filing, search, and examination fees)
`
`Exhibit 1086 - p. 9
`
`Exhibit 1086 - p. 9
`
`

`

`Document
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`080188PCTU SCONCON_ADS.
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`Transmittal Letter
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`Information Disclosure Statement (IDS) Form (SBOS)
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`W02006_O47724-A2.pdf
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`225297
`
`1311301313833 3b0071(06621fl3d2ba(8bgalad
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`Exhibit 1086 - p. 10
`
`Exhibit 1086 - p. 10
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`

`

`Foreign Reference
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`NPL—WOZOO7139578—A1.pdf
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`1263078
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`NPL-W02009-086555.pdf
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`2624185
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`Warnings:
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`NPL—6-22-201 1-
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`323596
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`348452
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`Exhibit 1086 _ p. 11
`
`Exhibit 1086 - p. 11
`
`

`

`Petition for review by the Office of
`Petitions.
`
`080188PCTUSCONCON_Reque
`st_for_Correction_of_|nventors
`hip.pdf
`
`254264
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`080188PCTUSCONCON_New_ ‘
`pplication_transmitta|s.pdf
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`601 193
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`fee-info.pdf
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`b830e<2733e26516c2466c706ebd2363a23
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`Warnings:
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`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO of the indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`lfa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)—(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`lfa timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/D0/E0/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`New International Application Filed with the USPTO as a Receiving Office
`lfa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and of the International Filing Date (Form PCT/RO/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`Exhibit 1086 _ p. 12
`
`Exhibit 1086 - p. 12
`
`

`

`Attorney Docket No. 080188PCTUSCONCON
`
`SYSTEM W'ITH WIRELESS EARPHONES
`
`Inventors: Michael J. Pelland, Michael J. Koss, Greg Hollingstad, and Morgan Lowery
`
`PRIORITY CLAIM
`
`[0001] The present application claims priority as a continuation to United States
`
`nonprovisional patent application Serial Number 13/459,291 filed May 17, 2012, which is a
`
`continuation of United States nonprovisional patent application Serial Number 12/936,488, filed
`
`December 20, 2010, which is a national stage entry of PCT/USO9/39754, filed April 7, 2009,
`
`which claims priority to United States provisional patent application Serial Number 61/123,265,
`
`filed April 7, 2008.
`
`BACKGROUND
`
`[0002] 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” or a 3.5 mm jack and associated cord. Often the headphones are iii—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
`
`[0003]
`
`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
`
`PI-3405739 V1 1284037-00271
`
`Exhibit 1086 - p. 13
`
`Exhibit 1086 - p. 13
`
`

`

`Attomey Docket No. 080l88PCTUSCON
`
`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.
`
`[0004]
`
`In another general aspect, the present invention is directed to a system comprising a
`
`wireless earphone set and a client computing device, both of which are communicable with a
`
`host server via the Internet. The host server stores configuration parameters for the wireless
`
`earphone set that are transmittable to the wireless earphone set via the Internet, and that are
`
`configurable by an authenticated user of the client computing device via the host server to
`
`generate updated configuration parameters for the wireless earphone set. The updated
`
`configuration parameters for the wireless earphone set are transmitted by the host server to the
`
`wireless earphone set via the Internet
`
`[0005] These and other advantageous, unique aspects of the wireless earphone are described
`
`below.
`
`FIGURES
`
`[0006] Various embodiments of the present invention are described herein by way of example
`
`in conjunction with the following figures, wherein:
`
`Figures lA—lE are views of a wireless earphone according to various embodiments of the
`
`present invention;
`
`Figures 2A-2D illustrate various communication modes for a wireless earphone
`
`according to various embodiments of the present invention;
`
`Figure 3 is a block diagram of a wireless earphone according to various embodiments of
`
`the present invention;
`
`Figures 4A-4B show the wireless earphone connected to another device according to
`
`various embodiments of the present invention;
`
`Exhibit 1086 _ p. 14
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`Exhibit 1086 - p. 14
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`

`

`Attorney Docket No. 08018 8PCTUSCON
`
`Figure 5 is a diagram of a process implemented by a host server according to various
`
`embodiments of the present invention;
`
`Figure 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;
`
`Figures 7, 8 and 10 illustrate communication systems involving the wireless earphone
`
`according to various embodiments of the present invention;
`
`Figure 9 is a diagram of a headset including a wireless earphone and a microphone
`
`according to various embodiments of the present invention; and
`
`Figure 11 is a diagram of a pair of wireless earphones with a dongle according to various
`
`embodiments of the present invention.
`
`DESCRIPTION
`
`[0007]
`
`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 shown in Figures 1A and 1B, respectively, although in other
`
`embodiments the earphone may take different shapes and the exemplary shapes shown in Figures
`
`1A and 1B 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
`
`networ ”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).
`
`[0008] Figures 1A and 1B show example configurations for a wireless earphone 10 according
`
`to various embodiments of the present invention. The examples shown in Figures 1A and 1B are
`
`not limiting and other configurations are within the scope of the present invention. As shown in
`
`0.)
`
`Exhibit 1086 - p. 15
`
`Exhibit 1086 - p. 15
`
`

`

`Attorney Docket No. 080188PCTUSCON
`
`Figures 1A and 18, 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. In 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[U SOS/88656, filed 31 December 2