`
`Unrrep Siares Parent’ AND TRADEMARK OFFICE
`
`UNTTED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FCR PATENTS
`PQ. Box 1450
`Alexandria, Virginia 22313-1450
`WWw.usrto.gov
`
`APPLICATION NUMBER
`
`FILING OR 371(C) DATE
`
`FIRST NAMED APPLICANT
`
`ATTY. DOCKET NO./TITLE
`
`16/528,701
`
`08/01/2019
`
`26285
`K&L GATES LLP-Pittsburgh
`
`210 SIXTH AVENUE
`
`PITTSBURGH, PA 15222-2613
`
`MichaelJ. Koss
`
`080188PCTUSCONI11
`CONFIRMATION NO. 6980
`PUBLICATION NOTICE
`
`MONAA000000112812086
`
`Title:SYSTEM WITH WIRELESS EARPHONES
`
`Publication No.US-2019-0356978-A1
`Publication Date:1 1/21/2019
`
`NOTICE OF PUBLICATION OF APPLICATION
`
`The above-identified application will be electronically published as a patent application publication pursuant to 37
`CFR 1.211, et seq. The patent application publication number and publication date are set forth above.
`
`The publication may be accessed through the USPTO's publically available Searchable Databases via the
`Internet at www.uspto.gov. The direct link to access the publication is currently http:/(www.uspto.gov/pattt/.
`
`The publication process established by the Office does not provide for mailing a copy of the publication to
`applicant. A copy of the publication may be obtained from the Office upon paymentof the appropriate fee set
`forth in 37 CFR 1.19(a)(1). Orders for copies of patent application publications are handled by the USPTO's
`Public Records Division. The Public Records Division can be reached by telephone at (571) 272-3150 or (800)
`972-6382, by facsimile at (571) 273-3250, by mail addressed to the United States Patent and TrademarkOffice,
`Public Records Division, Alexandria, VA 22313-1450 or via the Internet.
`
`In addition, information on the status of the application, including the mailing date of Office actions and
`the dates of receipt of correspondencefiled in the Office, may also be accessed via the Internet through
`the Patent Electronic Business Center at www.uspto.gov using the public side of the Patent Application
`Information and Retrieval (PAIR) system. The direct link to access this status information is currently
`https://portal.uspto.gov/pair/PublicPair. Prior to publication, such status information is confidential and may only
`be obtained by applicant using the private side of PAIR.
`
`Further assistance in electronically accessing the publication, or about PAIR, is available by calling the Patent
`Electronic Business Center at 1-866-217-9197.
`
`
`
`Office of Data Managment, Application Assistance Unit (571) 272-4000, or (571) 272-4200, or 1-888-786-0101
`
`page 1 of 1
`
`1
`
`APPLE 1002
`
`1
`
`APPLE 1002
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`WwWww.uspto.gov
`
`PATENT NO.
`
`ATTORNEY DOCKET NO,
`
`CONFIRMATION NO.
`
`16/528,701
`
`ISSUE DATE
`
`11/26/2019
`
` APPLICATION NO.
`
`10491982
`
`080188PCTUSCON11
`
`6980
`
`26285
`
`7590
`
`11/06/2019
`
`K&L GATES LLP-Pittsburgh
`210 STIXTIT AVENUE
`PITTSBURGH,PA 15222-2613
`
`ISSUE NOTIFICATION
`
`The projected patent numberand issue date are specified above.
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment is 0 day(s). Any patent to issue from the above-identified application will include
`an indication of the adjustment on the front page.
`
`If a Continued Prosecution Application (CPA) wasfiled in the above-identified application, the filing date that
`determines Patent Term Adjustmentis the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information
`Retrieval (PAIR) WEBsite (http://pair-uspto.gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office
`of Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments
`should be directed to the Application Assistance Unit (AAU) of the Office of Data Management (ODM) at
`(571)-272-4200.
`
`APPLICANT(s) (Please see PAIR WEBsite http://pair.uspto.gov for additional applicants):
`
`Koss Corporation, Milwaukee, WI;
`Michael J. Koss, Milwaukee, WI;
`MichaelJ. Pelland, Princeton, WI;
`Michael Sagan, Fairfield, CA;
`Steven R. Reckamp, Crystal Lake, IL;
`Gregory J. Hallingstad, Deforest, W1;
`Jeffery K. Bovee, Sterling, IL;
`Morgan J. Lowery, Deforest, WI;
`
`The United States represents the largest, most dynamic marketplace in the world and is an unparalleled location
`for business investment, innovation, and commercialization of new technologies. The USA offers tremendous
`resources and advantages for those who invest and manufacture goods here. Through SelectUSA, our nation
`works to encourage and facilitate business investment. To learn more about why the USA is the best country in
`the world to develop technology, manufacture products, and grow your business, visit SelectUSA. gov.
`IR103 (Rev. 10/09)
`
`2
`
`

`

`Complete and send this form, together with applicable fee(s), by mail or fax, or via EFS-Web.
`
`PART B - FEE(S) TRANSMITTAL
`
`By mai, sendto:
`
`By fax,sendto:
`
` (571)-273-2885
`
`Mail Stop ISSUE FEE
`Commissionerfor Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`INSTRUCTIONS: This form should be used for traz
`
`
`ting the ISSUEFEE and PUBLICATIONFEE(ifrequired}. Blocks 1 through 5 should be completed where appropriate. All
`ifteastionof maintenance fees willbenin:nailed|to the «currentcorrespondence,addre8S AS indicatated unlesscorrected
`further correspondencejinchudingthe Patent, advan
`
`
`vise in Block # , bY
`“Note: x certificate of callincan onl
`
`
`Fee(s) Transmitial. This certificate cannot thet45)
`
`
`
`
`papers. Each additional paper,
`suchas an ass
`have its own certificate of maili
`Certificate of Mailing or Transmission
`
`T herebyceiy that this Fee(s} Transmittal is being deposited with the United
`
`
`
`ficli ostage for first class mail in an envelope
`address
`abov
`_ or being transmitted to
`
`
`
`
`2885, on the date below
`
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block | for any change of address)
`
`26285
`7580
`OB/24/2019
`K&L GATES LLP-Pittsbureh
`“
`or SIATH AVENUE
`
`TYSBURGH, PA 15222-2613
`
`csimile tto (STL) 27
`
` APPLICATION NO.
`
`HIRST MAMBEDINVENTOR
`
`y ATPORNEY DOCKET NO.
`
`CONHIRMATION NO.
`
`Michael J. Koss
`
`OFOL88PCTUSCON II
`
`6980
`
`16/528,701
`
`BIUING DATE
`
`O8/O1/2019
`
`TITLE GF INVENTION: SYSTEM WITH WIRELESS EARPHONES
`
`
`TOTAL FEE(S) DLE
`APPLN. TYPE PUBLICATION PEF DUE|PREV. PAD ISSUE FVY ATUS ISSUE BEE DUR
`
`
`
`
`
`nonprovisional
`
`SMALL
`
`$506
`
`$6.00
`
`$0.00
`
`$500
`
`V2FIAI2OL9
`
`
`2644
`
`DOAK, RIETM
`
` 1. Change ot correspondence address or indication of "Fee Address” (37
`stered patent aitomeys
`CFR 1.363),
`
`(1) The names of up to 3 re
`
`
`or agents OR, alternative
`1 K&L Gates LLP
`
`
`
`(i Change of correspondence address (or Change of Correspondence
`
`Ga
`ae,
`1
`oe
`(t
`eofa
`gle
`i 2
`be
`
`
`Address form PTO/SB/122) attached.
`name of a singlefirm (having as a membera
`attorney or agent} and the names of upto
`
`
`
`Ch Fee
`Ad as .
`ed| patentai omeys¢or agenis. If no nameis
`og
`_
`Fee Addvess” indication (or
`"Fee Address"
`Ir
`jon form PTO
`
`
`
`SB/47, Rev 63-09 or more recent) attached. Use ofaCustomer Booneoceceeceeeeeeececeeeeceeeeceseeeeseeceeeeceseeeeeeeecees
`
`Number is required.
`
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT(print ortype)
`PLEASENOTE: Unles
`
`
`Ssigned i
`identified below, to assignee data will apy
`
`pletion of ment must have beet previouslyon the patent. If ified below, the dca substitute. for filtag a
`x
`
`
`,or
`
`wr recordation,
`
`forth in 37 CER 3.11 and 37 CPR3. Bl{a)
`
`
`
`STATE OR COUNTRY}
`(A) NAMEOF ASSIGNEE
`(B) RESIDENCE: (CITY
`
`2.
`
`KOSS CORPORATION
`MILWAUKEE, VISCONSIN
`
`Please check the appropriate assignee category or categories (will not be printed
`the patent) : (a individual 23 Corporation or other private group entity (al Government
`
`
`(ukPublication Fes GF required)
`(adAdvance Order - # of Copies
`Aa. Fees submitted:
`Mtssue Bee
`
`av previouslypaid fee shown above)
`+b. Method of Payment: (Pleasefirst reappiy
`IX? Electronic Payment via EFS-Web
`(al Enclosed check
`(ad Non-electronic payment by credit card (Attach form PTO-2038)
`
`RF rhe Director is hereby authorized to charge the required fee(s}, any defi
`7, or Credit any overpayment to Deposit Account No. O2-181¢818
`
`5. Change in Entity Status (from status indicated above)
`
`
`Lal Applicantcertifying micro entity status. See 37 CFR i.
`
`nt asserting small entity status, See 37 CER 1.27
`(al Applic
`I Applicant changing to regular undiscounted fee status.
`
`
`RE.
`
`PTOL-85 Part B (08-18) Approvedfor usethrough 01/31/2020
`
`Page 2 of 3
`OME 0651-0033
`
`3
`
`US. Patent and Trademark Office, U.S. DEPARTMENT OF COMMERCE
`
`3
`
`€
`

`

`Electronic Patent Application Fee Transmittal
`
`Application Number:
`
`Filing Date:
`
`16528701
`
`01-Aug-2019
`
`Title of Invention:
`
`SYSTEM WITH WIRELESS EARPHONES
`
`
`
`First Named Inventor/Applicant Name:
`
`Michael J. Koss
`
`Attorney Docket Number:
`
`080188PCTUSCON11
`
`Filed as Small Entity
`
`Filing Fees for Utility under 35 USC 111(a)
`
`|
`
`.
`
`Sub-Total in
`
`
`
`Claims:
`
`
`Basic Filing:
`
`Miscellaneous-Filing:
`
`Patent-Appeals-and-Interference:
`
`Post-Allowance-and-Post-Issuance:
`
`UTILITY APPL ISSUE FEE
`
`2501
`
`1
`
`500
`
`500
`
`4
`
`

`

`Extension-of-Time:
`
`Total in USD (S$)
`
`Miscellaneous:
`
`5
`
`

`

`Electronic AcknowledgementReceipt
`
`37432007
`EFS ID:
`
`
`Application Number:
`
`16528701
`
`Confirmation Number:
`
`6980
`
`Title of Invention:
`
`SYSTEM WITH WIRELESS EARPHONES
`
`
`
`amen
`
`
`
`Attorney Docket Number: 080188PCTUSCON11
`
`Receipt Date:
`
`11-OCT-2019
`
`Application Type:
`
`Utility under 35 USC 111{a)
`
`Paymentinformation:
`
`37 CFR 1.17 (Patent application and reexamination processing fees)
`
`Deposit Account
`
`021818
`
`The Director of the USPTOis hereby authorized to charge indicated fees and credit any overpayment as follows:
`
`37 CFR 1.16 (National application filing, search, and examination fees)
`
`6
`
`

`

`37 CFR 1.19 (Document supply fees)
`
`37 CFR 1.20 (Post Issuance fees)
`
`37 CFR 1.21 (Miscellaneous fees and charges)
`
`
`
`File Listing:
`
`Pages
`Multi
`File Size(Bytes)/
`:
`«gs
`Document
`
`Message Digest|Part/zip| (ifappl.)
`1602747
`
`Issue Fee Payment (PTO-85B)
`
`Issue_Fee_Transmittal. pdf
`
`#5d08c5c2209bc4129e70c55285fad60132
`
`Information:
`
`Warnings:
`Information:
`
`Fee Worksheet (SB06)
`
`fee-info.pdf
`
`S2eb15a7e890ebb177f2d83ea8e121359}
`hd2ea
`
`Warnings:
`
`
`
`Total Files Size (in bytes) 1632981
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTOof 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
`If a new application is being filed and the application includes the necessary componentsfora 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 shownonthis
`Acknowledgement Receiptwill establish thefiling date of the application.
`National Stage of an International Application under 35 U.S.C. 371
`If a 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/DO/E0O/903indicating acceptance of the application as a
`national stage submission under35 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
`If a 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 ofthe 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 Receiptwill establish the international filing date of
`the application.
`
`
`
`7
`
`

`

`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`NOTICE OF ALLOWANCEANDFEE(S) DUE
`
`26285
`
`7590
`
`09/24/20 19
`
`K&L GATES LLP-Pittsburgh
`210 SIXTH AVENUE
`PITTSBURGH,PA 15222-2613
`
`EXAMINER
`
`DOAN,KIET M
`
`-
`
`2641
`
`DATE MAILED: 09/24/2019
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`16/528,701
`
`08/01/2019
`
`Michael J. Koss
`
`080188PCTUSCON LI
`
`6980
`
`TITLE OF INVENTION: SYSTEM WITH WIRELESS EARPHONES
`
`
`
`
`
`
`
`APPLN. TYPE PUBLICATION FEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE DATE DUE
`
`
`
`
`
`nonprovisional
`
`SMALL
`
`$500
`
`$0.00
`
`$0.00
`
`$500
`
`12/24/2019
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`
`PROSECUTION ON THE MERITS IS CLOSED. THIS NOTICE OF ALLOWANCEIS NOT A GRANT OF PATENT RIGHTS.
`THOS APPLICATION IS SUBJECT TO WITIIDRAWAL FROM ISSUE AT TITE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP1308.
`
`THE ISSUE FEE AND PUBLICATIONFEE (IF REQUIRED) MUSTBE PAID WITHIN THREE MONTHS FROM THE MAILING
`
`DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED. THIS STATUTORY PERIOD
`CANNOT BE EXTENDED. SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES NOT REFLECT A CREDIT
`FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION.
`IF AN ISSUE FEE HAS PREVIOUSLY BEEN PAID IN
`THIS APPLICATION(AS SHOWN ABOVE), THE RETURNOF PART B OF THIS FORM WILL BE CONSIDERED A REQUEST
`TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THEISSUE FEE NOW DUE.
`
`HOW TO REPLY TO THIS NOTICE:
`
`1. Review the ENTITY STATUS shown above. If the ENTITY STATUS is shown as SMALL or MICRO, verify whether entitlementto that
`entity status still applies.
`
`If the ENTITY STATUSis the same as shown above, pay the TOTAL FEE(S) DUE shownabove.
`
`If the ENTITY STATUSis changed from that shown above, on PART B - FEE(S) TRANSMITTAL, complete section number5 titled
`"Changein Entity Status (from status indicated above)”.
`
`For purposes of this notice, small entity fees are 1/2 the amount of undiscounted fees, and micro entity fees are 1/2 the amount of small entity
`fees.
`
`II. PART B - FEE(S) TRANSMITTAL,or its equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE PEE and PUBLICATION FEE (if required). If you are charging the fee(s) to your deposit account, section "4b”
`of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a
`request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur dueto the difficulty in recognizing
`the paper as an equivalent of Part B.
`
`TI. All communications regarding this application must give the application number. Please direct all communications prior to issuance to Mail
`Stop ISSUE FEE unless advised to the contrary.
`
`IMPORTANT REMINDER:Maintenancefees are duein utility patents issuing on applications filed on or after Dec. 12, 1980.
`It is patentee's responsibility to ensure timely payment of maintenance fees when due. More informationis available at
`www.uspto.gov/PatentMaintenanceFees.
`
`Page | of 3
`
`PTOL-85 (Rev. 02/11)
`
`8
`
`

`

`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), by mail or fax, or via EFS-Web.
`
`By mail, send to: By fax, send to:=(571)-273-2885Mail Stop ISSUE FEE
`
`Commissionerfor Patents
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATIONFEE(if required). Blocks 1 through 5 should be completed where appropriate. All
`further correspondenceincluding the Patent, advance orders and notification of maintenance fees will be mailedto the current correspondence addressas indicated unless corrected
`below ordirected otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS"for maintenancefee notifications.
`Note: A certificate of mailing can only be used for domestic mailings of the
`Fee(s) Transmittal. This certificate cannot be used for any other accompanying
`papers. Each additional paper, such as an assignment or formal drawing, must
`have ils own certificate of mailing or transmission.
`Certificate of Mailing or Transmission
`I hereby certify that this Fee(s) Transmittal is being deposited with the United
`States Postal Service with sutficient postage forfirst class mail in an envelope
`addressed to the Mail Stop ISSUE FEE address above, or being transmitted to
`the USPTO via EFS-Webor byfacsimile to (571) 273-2885, on the date below.
`(Typed or printed name)
`(Signature)}
`
`CURRENT CORRESPONDENCE ADDRESS(Note: Use Block 1 for any change of address)
`
`09/24/2019
`7590
`2.6285
`K&L GATES LLP-Pittsburgh
`210 SIXTH AVENUE
`PITTSBURGH,PA 15222-2613
`
`(Date)
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEYDOCKETNO.
`
`CONFIRMATION NO.
`
`16/528,701
`
`08/01/2019
`
`Michael J. Koss
`
`080188PCTUSCON 11
`
`6980
`
`TITLE OF INVENTION: SYSTEM WITH WIRELESS EARPHONES
`
`
`
`
`
`APPLN. TYPE PUBLICATION IEE DUE|PREV. PAID ISSUE FEEENTITY STATUS ISSUE FEE DUE TOTAL FEE(S) DUE
`
`DATE DUE
`
`
`
`
`
`nonprovisional
`
`SMALL
`
`$500
`
`$0.00
`
`$0.00
`
`$500
`
`12/24/2019
`
`EXAMINER
`
`DOAN, KIETM
`
`ART UNIT
`
`CLASS-SUBCLASS
`
`2641
`
`455-428000
`
`2. For printing on the patent front page, list
`(1) The namesof up to 3 registered patent attorneys
`1
`or agenls OR, allernatively,
`J Change of correspondence address (or Change of Correspondence
`(2) The nameofasingle firm (having as a membera
`Address form PTO/SB/122) attached.
`registered attorney or agent) and the names of upto=.2
`2 registered patent attorneys or agents. If no nameis
`listed, no namewill beprinted.
`
`1. Change of correspondenceaddressor indication of "Kee Address” (37
`CFR1.363).
`
` (I "Fee Address" indication (or "Fee Address” Indication form PTO/
`
`SB/47; Rev 03-09 or more recent) allached. Use of a Customer
`Numberis required.
`. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT(printor type)
`PLEASE NOTE:Unless an assigneeis identified below, no assignee data will appear on the patent. If an assignee is identified below, the document must have been previously
`recorded,orfiled for recordation, as set forth in 37 CFR 3.11 and 37 CFR 3.81(a). Completion of this form is NOT a substitute forfiling an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE:(CITY and STATE OR COUNTRY)
`
`Ga
`
`
`
`
`
`(LV individual LJ Corporation or other private group entity (J Government
`Please check the appropriate assignee category or categories (will not be printed onthe patent) :
`4a. Fees submitted:
`(_lissue Fee
`Publication Fee(if required)
`[_JAdvance Order - # of Copies
`4b. Methodof Payment: (Pleasefirst reapply any previously paidfee shown above)
`(I Electronic Payment via EFS-Web
`(_] Enclosed check
`(_I Non-electronic paymentbycredit card (Attach form PTO-2038)
`
` (J The Directoris hereby authorized to charge the required fee(s), any deficiency, or credit any overpayment to Deposit Account No.
`
`5. Changein Entity Status (from status indicated above)
`J Applicant certifying micro entity status. See 37 CFR 1.29
`Applicant asserting small entity status. See 37 CFR 1.27
`
`J Applicant changing to regular undiscounted fee status.
`
`NOTE:Absenta valid certification of Micro Entity Status (see forms PTO/SB/15A and ISB), issue
`fec payment in the micro entity amount will not be accepted at the risk of application abandonment.
`NOTE:If the application was previously under micro entity status, checking this box will be taken
`to be a notification of loss of entitlement to micro entity status.
`
`NOTE:Checking this box will be taken to be a notification of loss of entitlement to small or micro
`entity status, as applicable.
`NOTE: This form must be signed in accordance with 37 CFR 1.31 and 1.33. See 37 CFR 1.4 for signature requirements andcertifications.
`
`Date
`
`Registration No.
`
`Authorized Signature
`
`Typed orprinted name
`
`PTOL-85 Part B (08-18) Approved for use through 01/31/2020
`
`Page 2 of 3
`OMB0651-0033
`
`9
`
`U.S. Patent and Trademark Office; U.S. DEPARTMENT OF COMMERCE
`
`9
`
`

`

`geste
`
`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`www.uspto.gov
`
`
`
`16/528,701
`
`08/01/2019
`
`MichaelJ. Koss
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`080188PCTUSCONLI
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`6980
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`26285
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`7590
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`09/24/2019
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`K&L GATES LLP-Pittsburgh
`210 SIXTH AVENUE
`PITTSBURGH,PA 15222-2613
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`DOAN,KIET M
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`-
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`2641
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`DATE MAILED: 09/24/2019
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`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(Applications filed on or after May 29, 2000)
`
`The Office has discontinued providing a Patent Term Adjustment (PTA) calculation with the Notice of Allowance.
`
`Section 1(h)(2) of the AIA Technical Corrections Act amended 35 U.S.C. 154(b)(3)(B)Q)to eliminate the requirement
`that the Office provide a patent term adjustment determination with the notice of allowance. See Revisions to Patent
`Term Adjustment, 78 Fed. Reg. 19416, 19417 (Apr. 1, 2013). Therefore, the Office is no longer providing an initial
`patent term adjustment determination with the notice of allowance. The Office will continue to provide a patent term
`adjustment determination with the Issue Notification Letter that is mailed to applicant approximately three weeks prior
`to the issue date of the patent, and will include the patent term adjustmenton the patent. Any request for reconsideration
`of the patent term adjustment determination (or reinstatement of patent term adjustment) should follow the process
`outlined in 37 CFR 1.705.
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of the Office of Patent Publication at 1-(888)-786-0101 or (571)-272-4200.
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`PTOL-85 (Rev. 02/11)
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`Page 3 of 3
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`OMB Clearance and PRA Burden Statement for PTOL-85 Part B
`
`The Paperwork Reduction Act (PRA) of 1995 requires Federal agencies to obtain Office of Managementand Budget
`approval before requesting most types of information from the public. When OMB approves an agency request to
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`agencyto display on the instrumentthat will be used to collect the information and (ji) requires the agency to inform
`the public about the OMB Control Number’s legal significance in accordance with 5 CFR 1320.5(b).
`
`The information collected by PTOL-85 Part B is required by 37 CFR 1.311. The informationis required to obtain
`or retain a benefit by the public which is to file (and by the USPTO to process) an application. Confidentialityis
`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
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`Privacy Act Statement
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`The Privacy Act of 1974 (P.L. 93-579) requires that you be given certain information in connection with your
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`of the Act, please be advised that: (1) the general authority for the collection of this information is 35 U.S.C. 2(b)
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`
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`1. The information on this form will be treated confidentially to the extent allowed under the Freedom of
`Information Act (5 U.S.C. 552) and the Privacy Act (5 U.S.C 552a). Records from this system of records may
`be disclosed to the Department of Justice to determine whether disclosure of these records is required by the
`Freedomof Information Act.
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`to
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`A record from this system of records may be disclosed, as a routine usc, in the course of presenting evidence
`to a court, magistrate, or administrative tribunal, including disclosures to opposing counsel in the course of
`setlement negotiations.
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`records may be disclosed, as a routine use, to the International Bureau of the World Intellectual Property
`Organization, pursuant to the Patent Cooperation Treaty.
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`8. A record from this system of records may be disclosed, as a routine use, to the public after either publication of
`the application pursuant to 35 U.S.C. 122(b)or issuanceofa patent pursuant to 35 U.S.C. 151. Further, a record
`may be disclosed, subject to the limitations of 37 CFR 1.14, as a routine use,to the public if the record wasfiled
`in an application which became abandoncdor in which the proceedings were terminated and which application
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`enforcement agency, if the USPTO becomesaware of a violation or potential violation of law or regulation.
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`16/528,701
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`KIET M DOAN
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`Kossetal.
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`2641
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`No
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`-- The MAILING DATE of this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITSIS (OR REMAINS) CLOSED in this application. If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANTOF PATENTRIGHTS.This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`4} This communication is responsive to 09/16/2019.
`C7 A declaration(s\affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`:
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` CF Acknowledgmentis made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or(f).
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`Primary Examiner, Art Unit 2641
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`.C Anelection was made by the applicantin responseto a restriction requirementsetforth during the interview on
`restriction requirement and election have been incorporatedinto this action.
`
`; the
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`(¥] The allowed claim(s) is/are 2-21 . As a result of the allowed claim(s), you may be eligible to benefit from the Patent Prosecution
`Highway program at a participating intellectual property office for the corresponding application. For more information, please see
`http://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`Certified copies:
`a) CJAlI b)() Some=*c} () Noneofthe:
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`1. (J Certified copies of the priority documents have been received.
`2. () Certified copies of the priority documents have been received in Application No.
`3. (] Copiesof the certified copies of the priority documents have been received in this national stage application from the
`International Bureau (PCT Rule 17.2(a)).
`
`* Certified copies not received:
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`Applicant has THREE MONTHS FROM THE "MAILING DATE"of this communication to file a reply complying with the requirements
`noted below.Failure to timely comply will result in ABANDONMENT ofthis application.
`THIS THREE-MONTHPERIODIS NOT EXTENDABLE.
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`5.) CORRECTED DRAWINGS(as "replacement sheets") must be submitted.
`CJ
`including changes required by the attached Examiner's Amendment / Commentor in the Office action of
`Paper No./Mail Date
`.
`Identifying indicia such as the application number(see 37 CFR 1.84{(c)) should be written on the drawingsin the front (not the back) of each
`sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6.C DEPOSIT OFand/or INFORMATIONabout the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner's comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1.{¥] Notice of References Cited (PTO-892)
`2.[¥) Information Disclosure Statements (PTO/SB/08),
`Paper No./Mail Date
`:
`3.CJ Examiner's Comment Regarding Requirementfor Deposit
`of Biological Material
`4[Yj Interview Summary (PTO-413)
`Paper No./Mail Date.
`/KIET M DOAN/
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`5. CO Examiner's Amendment/Comment
`6.
`Examiner's Statement of Reasons for Allowance
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`7. 2 Other
`
`:
`
`U.S. Patent and Trademark Office
`PTOL-37 (Rev. 08-13)
`
`.
`Part of Paper No./Mail Date 20190917
`
`Notice of Allowability
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`Application/Control Number: 16/528,701
`Art Unit: 2641
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`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`The present application is being examined under the pre-AlAfirst to invent
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`provisions.
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`Terminal Disclaimer filed and approved. Thank you
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`Information Disclosure Statement
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`The information disclosure statement (IDS) submitted on 08/21/2019. The
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`submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the
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`information disclosure statement is being considered by the examiner.
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`The drawings were received on 08/01/2019 these drawing are acceptable by the
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`Drawings
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`examiner.
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`Allowable Subject Matter
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`The following is an examiner's statement of reasons for allowance:
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`Claims 2-21 are allowance.
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`Regarding to claim 2, the closest prior art record Johnson et al. (US
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`2008/0298606 A1) and Rosener et al. (US 2008/0076489 A1) teaches a system
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`comprising:
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`headphones comprising a pair of first and second wireless earphones to be worn
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`simultaneously by a user, wherein the first and second earphones are separate such
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`Application/Control Number: 16/528,701
`Art Unit: 2641
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`Page 3
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`that when the headphones are worn bythe user, the first and second earphones are not
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`physically connected, wherein eachofthe first and second earphones comprises: a
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`body portion that comprises:
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`a wireless communication circuit for receiving and transmitting wireless signals;
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`a processor circuit in communication with the wireless communication circuit.
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`However, the combin