`
`
`TRANSMI'ITAL
`(Onlyfor new nonpravisional applications under 37 CFR 1.53(b))
`
`
`APPLICATION ELEMENTS
`
`
`See MPEP chapter 600 concerning utility patent application contents.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1. 3 Fee Transmittal Form
`(PTO/SB/17or equivalent)
`
`2. :l Applicant asserts small entity status.
`See 37 CFR 1.27
`
`3. :l Applicant certifies micro entity status. See 37 CFR 1.29.
`Applicant must attach form PTO/SB/ISA or B or equivalent.
`
`]
`28
`[Total Pages
`4. 3 Specification
`Both the claims and abstract must start on a new page.
`(See MPEP § 608.01(a)for information on the preferred arrangement)
`
`[Toto/Sheets
`5.. Drawingis)(35 U.S.C.113)
`[Total Pages
`6. inventor’s Oath or Declaration
`(including substitute statements under 37 CFR 164 and assignments
`sewing as an oath or declaration under 37 CFR 1.63{e))
`
`‘6
`
`1
`
`a. D Newly executed (original or copy)
`b. I: A copy from a prior application (37 CFR 1.63(d))
`Application Data Sheet
`* See note below.
`See 37 CFR 1.76 (PTO/AlA/14 or equivalent)
`CD-ROM or CD-R
`in duplicate, large table, or Computer Program (Appendix)
`
`7.
`
`8.
`
`[:I Landscape Table on CD
`9. Nucleotide and/or Amino Acid Sequence Submission
`(if applicable, items a. — c. are required)
`
`
`
`
`
`
`
`
`
`
`
`
`
`PTO/AlA/15 (03-13)
`Approved for use through 01/31/2014. OM B 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`Under he Pa-erwork Reduction Act of 1995 no nersons are r- uired to res -ond to a collection of information unless it dis - la 5 a valid OMB control number
`
`UTILITY
`
`PATENT APPLICATION
`
`080188PCTUSCON4
`
`Michael J. Koss
`
`SYSTEM WITH WIRELESS EARPHONES
`
`——
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`ADDRESS T0:
`
`ACCOMPANYING APPLICATION PAPERS
`
`10. El Assignment Papers
`(cover sheet & document(s))
`
`Name of Assignee
`
`
`
`
`11.
`
`37 CFR 3.73(c) Statement
`(when there is an assignee)
` 12. __ English Translation Document
`(ifapplicable)
`
`[3 Power of Attorney
`
`
`17. Hill—ill Nonpublication Request
`
`13. L Information Disclosure Statement
`(PTO/SB/Oa or PTO-1449)
`Copies of citations attached
`Preliminary Amendment
`Return Receipt Postcard
`(MPEP 5 503) (Should be specrfically itemized)
`Certified Copy of Priority Document(s)
`(ifforeign priority is claimed)
`
`14.
`15.
`
`16.
`
`Under 35 U.S.C. 122(b)(2)(B)(i). Applicant must attach form PTO/SB/3S
`or equivalent.
`
`
`18. El Other:
`
`
`
`a. C) Computer Readable Form (CRF)
`b.|:| Specification Sequence Listing on:
`i. C] CD-ROM or CD-R (2 copies); or
`ii.|:] Paper
`c. D Statements verifying identity of above copies
`*Note: (1) Benefit claims under 37 CFR 1.78 and foreign priority claims under 1.55 must be included in an Application Data Sheet (ADS).
`(2) For applications filed under 35 U.S.C. 111, the application must contain an ADS specifying the applicant if the applicant is an
`assignee, person to whom the inventor is under an obligation to assign, or person who otherwise shows sufficient proprietary
`
`interest in the matter. See 37 CFR 1.46(b).
`
`19. CORRESPONDENCE ADDRESS
`
`
`The address associated with Customer Number: 26255
`
`OR E] Correspondence address below
`
`
`Address
`
`
`
`Telephone
`
`
`
`
`
`
`Signature '7
`
`
`Registration No.
`
` Mark G. Knedeisen
`
` (Printfrype)
`(Attorney/Agent)
`
`This collection of information is required by 37 CFR 1.53(b). 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 1.11 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 oftlme 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 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.
`Ifyou need assistance in completing theform, call 1-800-PTO-9199 and select option 2.
`
`Exhibit 1088 - p. 1
`Exhibit 1088 - p. 1
`
`Bose Exhibit 1088
`
`Bose V. Koss
`
`

`

`pro/sum (03-13)
`e
`Approved for use through 01/31/2014. OMB 0651-0032
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`i-n ofinformation unless it dis-l
`a valid OMB con rol number
`,
`
`Complete if known
`
`FEE TRANSMITTAL
`
`Applicant asserts small entity status. See 37 CFR 1.27.
`
`First Named Inventor
`
`Michael J_ Kass
`
`
`
`
`
`
`
`
`
`
`
`a —_
`Form PTO/SB/ISA or B or equivalent must either be enclosed or have
`A
`.
`beensubmmedp.m., __
`
`
`
`TOTAL AMOUNT OF PAYMENT
`(5) 730.00
`Practitioner DOCKEF No.
`080188PCTUSCON4
`METHOD OF PAYMENT (check all that apply)
`
`
`[3 Check [1 Credit Card |:| MoneyOrder [1 None D Other (please identify):
`
`
`
`Deposit Account Deposit Account Number: 02'1818
`Deposit Account Name: K&L Gates LLP
`
`
`
`For the aboveeidentified deposit account, the Director is hereby authorized to (check all that apply):
`
`
`
`
`
`Charge any additional fee(s] or underpayment of fee(s)
`
`
`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 (U = undiscounted fee; 5 = small entity fee; M = micro entity fee)
`FILING FEES
`SEARCH FEES
`EXAMINATION FEES
`
`
`M15)
`m5)
`m5)
`§_(_$_)_
`S_(_$)_
`U_(§)_
`S_(_$)
`M15)
`_l_J_(§_)_
`Application Type
`Fees Paid (5|
`
`150
`600
`70
`140*
`300
`720
`360
`180
`280
`Utility
`$730.00
`30
`120
`45
`90
`60
`460
`230
`115
`180
`Design
`
`95
`380
`45
`90
`190
`580
`290
`145
`180
`Plant
`
`
`150
`600
`70
`140
`300
`2,160
`1,080
`540
`280
`Reissue
`
`
`0
`0
`65
`130
`0
`0
`0
`O
`260
`Provisional
`
`
`” The 5140 small entity status filing fee for a utility application is further reduced to $70 for a small entity status applicant who files the application via EFSeWeb.
`
`2. EXCESS CLAIM FEES
`
`
`
`Charge fee(s) indicated below
`
`I: Charge fee(s) indicated below, except for the filing fee
`
`Credit any overpayment offee(s)
`
`Fee Description
`Each claim over 20 (including Reissues)
`Each independent claim over 3 (including Reissues)
`Multiple dependent claims
`Extra Claims
`Total Claims
`x
`0
`-20 or HP =
`15
`HP : highest number oftotal claims paid for, if greater than 20.
`Fee (§|
`Indep. Claims
`Extra Claims
`-°-
`x
`-3 or HP =
`2
`0
`HP = highest number of independent claims paid for, if greater than 3.
`3. APPLICATION SIZE FEE
`
`Fee (5)
`-0-
`
`
`
`
`
`
`
`
`
`
`
`Undiscounted Fee (5)
`80
`420
`780
`Fee Paid ($1
`*0
`
`=
`
`Fee Paid ($1
`'0
`
`=
`
`Small Entity Fee (5) Micro Entig Fee (5)
`40
`20
`210
`105
`390
`195
`
`Multiple Dependent Claims
`Fee ($1
`Fee Paid (5)
`
`
`
`
`
`
`
`
`
`
`
`
`If the 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 ls $400 ($200 for small entity) ($100 for micro entity) for each additional 50 sheets or fraction thereof. See 35 U.S.C.
`41(a)(1)(G) and 37 CFR 145(5).
`Total Sheets
`Extra Sheets
`
`/50 =
`
`Number of each additional 50 or fraction thereof
`(round up to a whole number)
`x
`
`
`
`
`
`- 100 =
`.
`4. OTHER FEE(S)
`
`
`
`
`Non-English specification, $130 fee (no small or micro entity discount)
`
`
`
`Non-electronic filing fee under 37 CFR 1.16(t) for a utility application, $400 fee (5200 small or micro entity)
`
`
`Other (e.g., late filing surcharge):
`
`4
`SUBMITTED BY
`
`
`
`
`
`Signature
`I‘iéstaiiizgtztelziu
`eeeeeee<412) 355-6342
`
`
`
`Date April 24, 2015
`Name (Print/Type) Mark G. Knedeisen
`
`
`This collection of information is required by 37 CFR 1.136. The information is required to obtain or retain a benefit by the public which is to file (and by the USPTO to
`process) an application. Confidentiality is governed by 35 U.$.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 oftime you require to complete this form and/or suggestions for reducing this burden, should be sent to the Chief Information Officer, U5 Patent and
`Trademark Office, US. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND
`TO: Commissioner for Patents, P.0. Box 1450, Alexandria, VA 22313-1450.
`Ifyou need assistance in completing theform, call 1—800-PTO-9199 and select option 2.
`
`Fee (fi)
`
`=
`
`Fee Paid (5|
`
`Fees Paid (5)
`
`Exhibit 1088 - p. 2
`
`Exhibit 1088 - p. 2
`
`

`

`PTO/AlAl14 (12-13)
`Approved for use through 01131/2014. OMB 0651-0032
`US Patent and Trademark Office; US DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
`.
`
`.
`
`Application Data Sheet 37 CFR 1.76
`Application Number
`
`Title of Invention
`
`SYSTEM WITH WIRELESS EARPHONES
`
`
`
`The application data sheet is part of the provisional or nonprovisional application for which it is being submitted. The following form contains the
`bibliographic data arranged in a format specified by the United States Patent and Trademark Office as outlined in 37 CFR 1.76.
`This document may be completed electronically and submitted to the Office in electronic format using the Electronic Filing System (EFS) or the
`
`document may be printed and included in a paper filed application.
`
`
`Secrecy Order 37 CFR 5.2
`
`i:i Portions or all of the application associated with this Application Data Sheet may fall under a Secrecy Order pursuant to
`
`37 CFR 5.2 (Paper filers only. Applications that fall under Secrecy Order may not be filed electronically.)
`
`Inventor Information:
`
`
`Inventor
`1
`_
`
`Legal Name
`
`Prefix Given Name
`Middle Name
`Family Name
`__—-
`Residence Information (Select One) 6) US Residency 0 Non US Residency 0 Active US Military Service
`
`Milwaukee i US StatelProvince country of Residence i
`
`
`
`Mailing Address of Inventor:
`
`Address 1
`Address 2
`
`4129 N. Port Washington Road
`
`
`
`Inventor Information blocks may be
`Inventors Must Be Listed - Additional
`All
`generated within this form by selecting the Add button.
`
`
`Correspondence Information:
`
`Enter either Customer Number or complete the Correspondence Information section below.
`
`For further information see 37 CFR 1.33(a).
`
`D An Address is being provided for the correspondence Information of this application.
`Customer Number
`26285
`
`
`
`Application Information:
`
`
`Title of the Invention
`SYSTEM WITH WIRELESS EARPHONES
`
`Attorney Docket Number 080188PCTUSCON4
`
`Small Entity Status Claimed
`
`
`Filing By Reference:
`
`Application Type
`
`Nonprovisional
`
`Subject Matter
`
`Utility
`
`Total Number of Drawing Sheets (if any)
`
`Suggested Figure for Publication (if any)
`
`EFS Web 2.2.11
`
`Exhibit 1088 - p. 3
`
`Exhibit 1088 - p. 3
`
`

`

`PTO/AlAl14 (12—13)
`Approved for use through 01131/2014. OMB 0651-0032
`US Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995. no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
`
`Attorney Docket Number
`080188PCTUSCON4
`
`Application Data Sheet 37 CFR 1.76
`Application Number
`
`Title of Invention
`
`SYSTEM WITH WIRELESS EARPHONES
`
`filed application
`
`Only complete this section when filing an application by reference under 35 U.S.C. 111(c) and 37 CFR1.57(a). Do not complete this section if
`application papers including a specification and any drawings are being filed. Any domestic benefit or foreign priority information must be
`provided in the appropriate secti0n(s) below (i.e., "Domestic Benefit/National Stage Information" and "Foreign Priority Information").
`
`For the purposes of a filing date under 37 CFR 1.53(b), the description and any drawings of the present application are replaced by this
`reference to the previously filed application, subject to conditions and requirements of 37 CFR 157(3).
`
`Application number of the previously
`
`Filing date (YYYY-MM-DD)
`
`Intellectual Property Authority or Country i
`
`Publication Information:
`
`
`D Request Early Publication (Fee required at time of Request 37 CFR 1.219)
`
`Request Not to Publish. I hereby request that the attached application not be published under
`35 U.S.C. 122(b) and certify that the invention disclosed in the attached application has not and will not be the
`subject of an application filed in another country, or under a multilateral international agreement, that requires
`
`publication at eighteen months after filing.
`
`Representative Information:
`
`Representative information should be provided for all practitioners having a power of attorney in the application. Providing
`this information in the Application Data Sheet does not constitute a power of attorney in the application (see 37 CFR 1.32).
`Either enter Customer Number or complete the Representative Name section below.
`If both sections are completed the customer
`Number will be used for the Representative Information during processing.
`
`
` Please Select One:
`(9 Customer Number
`0 us Patent Practitioner 0 Limited Recognition (37 CFR 11.9)
`
`Customer Number 26285
`
`
`Domestic BenefitINational Stage Information:
`This section allows for the applicant to either claim benefit under 35 U.S.C.119(e),120,121, or 365(c) or indicate National Stage
`entry from a PCT application. Providing this information in the application data sheet constitutes the specific reference required
`by 35 U.S.C. 119(e) or 120, and 37 CFR 1.78.
`When referring to the current application, please leave the application number blank.
`
`
`Prior Application Status
`Pending
`
`Application Number
`
`Continuity Type
`Continuation of
`
`Prior Application Number
`13/609409
`
`Filing Date (YYYY-MM-DD)
`2012—09—11
`
`
`
`
`Prior Application Status
`
`Application
`
`Patented
`
`PriorApplication
`
`Filing Date
`
`_emove
`
`-lssue Date
`
`13/609409
`
`Continuation of
`
`13/459291
`
`2012-05-17
`
`8571544
`
`2013-10-29
`
`
`Prior Application Status
`Patented
`EFS Web 2.2.11
`
`Exhibit 1088 - p. 4
`
`Exhibit 1088 - p. 4
`
`

`

`PTO/AlA/‘M (12-13)
`Approved for use through 01/31/2014. OMB 0651-0032
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
`Attorney Docket Number 080188PCTUSCON4
`
`_
`_
`Application Data Sheet 37 CFR 1.76
`Application Number
`
`Title of Invention
`
`SYSTEM WITH WIRELESS EARPHONES
`
`Application
`
`.
`
`.
`
`Prior Application
`
`Filing Date
`
`Issue Date
`
`13/459291
`
`Continuation of
`
`12/936488
`
`2010-12-20
`
`8190203
`
`2012-05-29
`
`Prior Application Status
`
`
`Access Codei (if applicable)
`
`
`
`
`Application Number
`Continuity Type
`Prior Application Number
`Filing Date (YYYY-MM-DD)
`12/936488
`a 371 of international
`PCT/U820091039754
`2009—04—07
`
`Prior Application Status
`
`Expired
`
`Application Number
`
`Continuity Type
`
`Prior Application Number
`
`Filing Date (YYYY-MM-DD)
`
`PCT/U82009/039754
`
`Claims benefit of provisional
`
`61/123265
`
`2008—04—07
`
`Additional Domestic Benefit/National Stage Data may be generated within this form
`by selecting the Add button.
`
`Add
`
`Foreign Priority Information:
`
`This section allows for the applicant to claim priority to a foreign application. Providing this information in the application data sheet
`constitutes the claim for priority as required by 35 U.S.C. 119(b) and 37 CFR 1.55(d). When priority is claimed to a foreign application
`that is eligible for retrieval under the priority document exchange program (PDX) ithe information will be used by the Office to
`automatically attempt retrieval pursuant to 37 CFR 1.55(h)(1) and (2). Under the PDX program, applicant bears the ultimate
`responsibility for ensuring that a copy of the foreign application is received by the Office from the participating foreign intellectual
`property office, or a certified copy of the foreign priority application is filed, within the time period specified in 37 CFR 1.55(g)(1).
`
`
`
`Application Number
`
`Filing Date (YYYY-MM-DD)
`
`Additional Foreign Priority Data may be generated within this form by selecting the
`
`Add button. Add
`
`Statement under 37 CFR 1.55 or 1.78 for AIA (First Inventor to File) Transition
`
`Applications
`
`
`
`This application (1) claims priority to or the benefit of an application filed before March 16, 2013 and (2) also
`contains, or contained at any time, a claim to a claimed invention that has an effective filing date on or after March
`D 16, 2013.
`NOTE: By providing this statement under 37 CFR 1.55 or 1.78, this application, with a filing date on or after March
`16, 2013, will be examined under the first inventor to file provisions of the AIA.
`
`EFS Web 2.2.11
`
`Exhibit 1088 - p. 5
`
`Exhibit 1088 - p. 5
`
`

`

`PTO/AIN‘M (12-13)
`Approved for use through 01131/2014. OMB 0651-0032
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
`
`Attorney Docket Number
`080188PCTUSCON4
`Application Data Sheet 37 CFR 1.76
`Application Number
`
`SYSTEM WITH WIRELESS EARPHONES
`
`Title Of Invention
`
`Authorization to Permit Access:
`
`D Authorization to Permit Access to the Instant Application by the Participating Offices
`
`If checked, the undersigned hereby grants the USPTO authority to provide the European Patent Office (EPO),
`the Japan Patent Office (JPO), the Korean Intellectual Property Office (KIPO), the World Intellectual Property Office (WIPO),
`and any other intellectual property offices in which a foreign application claiming priority to the instant patent application
`is filed access to the instant patent application. See 37 CFR 114(0) and (h). This box should not be checked ifthe applicant
`does not wish the EPO, JPO, KIPO, WIPO, or other intellectual property office in which a foreign application claiming priority
`to the instant patent application is filed to have access to the instant patent application.
`
`In accordance with 37 CFR 1.14(h)(3), access will be provided to a copy ofthe instant patent application with respect
`to: 1) the instant patent application—as—filed; 2) any foreign application to which the instant patent application
`claims priority under 35 U.S.C. 119(a)—(d) if a copy of the foreign application that satisfies the certified copy requirement of
`37 CFR 1.55 has been filed in the instant patent application; and 3) any US application—as—filed from which benefit is
`sought in the instant patent application.
`
`Applicant Information:
`
`Providing assignment information in this section does not substitute for compliance with any requirement of part 3 of Title 37 of CFR
`to have an assignment recorded by the Office.
`
`1
`Applicant
`lfthe applicant is the inventor (or the remaining joint inventor or inventors under 37 CFR 1.45), this section should not be completed.
`The information to be provided in this section is the name and address of the legal representative who is the applicant under 37 CFR
`1.43; or the name and address of the assignee, person to whom the inventor is under an obligation to assign the invention, or person
`who otherwise shows sufficient proprietary interest in the matter who is the applicant under 37 CFR 1.46. If the applicant is an
`applicant under 37 CFR 1.46 (assignee, person to whom the inventor is obligated to assign, or person who otherwise shows sufficient
`proprietary interest) together with one or more joint inventors, then the joint inventor or inventors who are also the applicant should be
`identified in this section.
`
`
`@ Assignee
`
`0 Legal Representative under 35 U.S.C. 117
`
`0 Joint Inventor
`
`
`
`0 Person to whom the inventor is obligated to assign. 0 Person who shows sufficient proprietary interest
`
`If applicant is the legal representative, indicate the authority to file the patent application, the inventor is:
`
`In accordance with 37 CFR 1.14(c), access may be provided to information concerning the date of filing this Authorization.
`
`
`Name of the Deceased or Legally lncapacitated Inventor::|
`If the Applicant is an Organization check here.
`
`Organization Name
`
`Koss Corporation
`
`EFS Web 2.2.11
`
`Exhibit 1088 - p. 6
`
`Exhibit 1088 - p. 6
`
`

`

`PTO/AIN‘M (12-13)
`Approved for use through 01131/2014. OMB 0651-0032
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`Under the Paperwork Reduction Act of 1995. no persons are required to respond to a collection of information unless it contains a valid OMB control number.
`
`Application Data Sheet 37 CFR 1.76
`Application Number
`
`080188PCTUSCON4
`Attorney Docket Number
`
`
`Title Of Invention
`
`SYSTEM WITH WIRELESS EARPHONES
`
`
`
`
`Mailing Address Information:
`
`Address 1
`
`4129 N. Port Washington Road
`
`Address 2
`
`
`
`
`Milwaukee StatelProvinceCity WI
`Country i
`Postal Code
`53212—1052
`Phone Number
`Fax Number
`
`Email Address
`
`Additional Applicant Data may be generated within this form by selecting the Add button.
`
`Add
`
`Assignee Information including Non-Applicant Assignee Information:
`
`
`Providing assignment information in this section does not subsitute for compliance with any requirement of part 3 of Title 37 of CFR to
`have an assignment recorded by the Office.
`
`
`Complete this section if assignee information, including non-applicant assignee information, is desired to be included on the patent
`application publication . An assignee—applicant identified in the "Applicant Information" section will appear on the patent application
`publication as an applicant. For an assignee-applicant, complete this section only if identification as an assignee is also desired on the
`patent application publication.
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`Exhibit 1088 - p. 7
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`Exhibit 1088 - p. 7
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`

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`PTO/AlAl14 (12—13)
`Approved for use through 01131/2014. OMB 0651-0032
`US Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
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`Application Data Sheet 37 CFR 1.76
`Application Number
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`Attorney Docket Number
`080188PCTUSCON4
`
`SYSTEM WITH WIRELESS EARPHONES
`
`Title Of Invention
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`
`Signature:
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`NOTE: This form must be signed in accordance with 37 CFR 1.33. See 37 CFR 1.4 for signature requirements and
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`Registration Number
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`Date (YYYY-MM-DD){Mark G. Knedeisen!Signature 2015—04—24
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`Mark
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`Knedeisen
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`Exhibit 1088 - p. 8
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`Exhibit 1088 - p. 8
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`Exhibit 1088 - p. 9
`
`Exhibit 1088 - p. 9
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`

`

`Attomey Docket No. 080188PCTU SCON4
`
`SYSTEM WITH WIRELESS EARPHONES
`
`PRIORITY CLAIM
`
`[0001] The present application claims priority as a continuation to United States
`
`nonprovisional patent application Serial Number 13/609,409, filed September 11, 2012, now
`
`
`, which is a continuation of United States continuation
`
`US. Patent
`
`, issued
`
`application Serial No. 13/459,291 filed May 17, 2012, now US. Patent 8,571,544, issued
`
`October 29, 2013, which is a continuation of United States nonprovisional patent application
`
`Serial Number 12/936,488, filed December 20, 2010, now US. Patent 8,190,203, issued May 29,
`
`2012, which is a national stage entry of PCT/US09/39754, filed April 7, 2009, which claims
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`priority to United States provisional patent application Serial Number 61/123,265, filed April 7,
`
`2008.
`
`BACKGROUND
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`[0002] Digital audio players, such as MP3 players and iPods, that store and play digital audio
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`files, are very popular. Such devices typically comprise a data storage unit for storing and
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`playing the digital audio, and a headphone set that connects to the data storage unit, usually with
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`a 1A” or a 3.5 mm jack and associated cord. Often the headphones are in-ear type headphones.
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`The cord, however, between the headphones and the data storage unit can be cumbersome and
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`annoying to users, and the length of the cord limits the physical distance between the data
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`storage unit and the headphones. Accordingly, some cordless headphones have been proposed,
`
`such as the Monster iFreePlay cordless headphones fiom 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
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`and are not in-ear type phones. Recently, cordless headphones that connect wirelessly via IEEE
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`802.11 to a WLAN—ready laptop or personal computer (PC) have been proposed, but such
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`headphones are also quite large and not in-ear type phones.
`
`P13786714 v1
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`Exhibit 1088 - p. 10
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`Exhibit 1088 - p. 10
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`

`

`AttomeV Docket No. 080188PCTU SCON4
`
`SUMMARY
`
`[0003]
`
`In one general aspect, the present invention is directed to a wireless earphone that
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`comprises a transceiver circuit for receiving streaming audio from a data source, such as a digital
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`audio player or a computer, over an ad hoc wireless network. When the data source and the
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`earphone are out of range via the ad hoc wireless network, they may transition automatically to a
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`common infrastructure wireless network (e.g., a wireless LAN). If there is no common
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`infrastructure wireless network for both the data source and the earphone, the earphone may
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`connect via an available infrastructure wireless network to a host server. The host server may,
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`for example, broadcast streaming audio to the earphone and/or transmit to the earphone a
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`network address (e. g., an Internet Protocol (IP) address) for a network-connected content server
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`that streams digital audio. The earphone may then connect to the content server using the IP
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`address. The content server may be an Internet radio server, including, for example, an Internet
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`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
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`wireless earphone set and a client computing device, both of which are communicable with a
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`host server via the Internet. The host server stores configuration parameters for the wireless
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`earphone set that are transmittable to the wireless earphone set via the Internet, and that are
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`configurable by an authenticated user of the client computing device via the host server to
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`generate updated configuration parameters for the wireless earphone set. The updated
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`configuration parameters for the wireless earphone set are transmitted by the host server to the
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`wireless earphone set via the Internet
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`[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 1A-1E are views of a wireless earphone according to various embodiments of the
`
`present invention;
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`Figures 2A-2D illustrate various communication modes for a wireless earphone
`
`according to various embodiments of the present invention;
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`Exhibit 1088 _ p. 11
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`Exhibit 1088 - p. 11
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`

`

`Attornev Docket No. 080188PCTU SCON4
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`Figure 3 is a block diagram of a wireless earphone according to various embodiments of
`
`the present inventi