Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`U.S. Patent Application No. 2008/0076489 to Rosener (“Rosener”). Filed August 7, 2006, and published March 27, 2008.
`
`Rosener qualifies as prior art to U.S. Patent No. 10,491,982 (“the ’982 patent”) under at least pre-AIA 35 U.S.C. § 102(a) and § 102(e). Claims
`1-20 of the ’982 Patent are invalid as (a) obvious over Rosener itself or Rosener in view of the background knowledge and ordinary creativity of
`a person having ordinary skill in the art at the time the ’982 Patent was invented; and (b) obvious over Rosener in view of one or more of the
`references listed in Appendix A, combined as set forth herein.
`
`In addition to the disclosures listed below, Apple incorporates by reference the teachings and disclosures described in Appendix A.
`
`Claim
`[1(a)] A system comprising:
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`Rosener discloses a system including a data source and wireless earphones:
`
`“The present invention relates to wireless systems. More particularly, the present invention relates to
`wireless communication between a data source and two or more and physically and electrically-
`separated wireless data sinks such as, for example, wireless earphones.”
`
`(Para. [0001])
`
`“FIG. 5 is an illustration of a user 500 wearing a wireless headset comprising first and second wireless
`earphones 502, 504, in accordance with an embodiment of the present invention. Each of the first and
`second wireless earphones 502, 504 comprises a housing containing a speaker, an RF receiver or
`transceiver and a battery. . . . As explained in detail below, the receiver or transceiver of each of the first
`and second earphones 502, 504 is operable to communicate with one or more external data or audio
`data devices (e.g., a cellular telephone, PDA, MP3 player, CD player, radio, personal computer,
`game console, etc.) over one or more wireless links.”
`
`(Para. [0030])
`
`[1(b)] headphones comprising a
`
`Rosener discloses a pair of separate (i.e., not physically connected) wireless earphones to be worn
`
`1
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`pair of first and second wireless
`earphones to be worn
`simultaneously by a user, wherein
`the first and second earphones are
`separate such that when the
`headphones are worn by the user,
`the first and second earphones are
`not physically connected, wherein
`each of the first and second
`earphones comprises:
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`
`simultaneously:
`
`“Wireless systems having a plurality of physically and electrically-separated data sinks. An exemplary
`wireless system includes first and second data sinks having no physical or electrical connection
`therebetween. The first and second data sinks each include a wireless communication device, e.g., a radio
`frequency (RF) receiver or transceiver configured to receive data signals over one or more single-access
`wireless links or over a multi-access wireless link. The first and second data sinks in exemplary
`embodiments may comprise audio data sinks, e.g., stereo speakers, left-ear and right-ear earphones
`(e.g., earbuds or canalphones), left-ear and right-ear circum-aural over-the-ear headphones, etc.”
`
`(ABSTRACT; see also para. [0011])
`
`“The present invention relates to wireless systems. More particularly, the present invention relates to
`wireless communication between a data source and two or more and physically and electrically-
`separated wireless data sinks such as, for example, wireless earphones.”
`
`(Para. [0001])
`
`2
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`
`(Fig. 5)
`
`
`
`[1(c)] a body portion that
`comprises:
`
`Rosener discloses that each of the wireless earphones includes a portion, which includes other elements,
`and from which an elongated portion extends:
`
`“Each of the first and second wireless earphones 502, 504 comprises a housing containing a speaker, an
`
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`RF receiver or transceiver and a battery.”
`
`(Para. [0030])
`
`(Fig. 5)
`
`4
`
`
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`
`
`
`[1(d)] a wireless communication
`circuit for receiving and
`transmitting wireless signals;
`
`Rosener discloses that each of the wireless earphones includes a wireless communication circuit for
`receiving and transmitting wireless signals:
`
`“Wireless systems having a plurality of physically and electrically-separated data sinks. An exemplary
`wireless system includes first and second data sinks having no physical or electrical connection
`therebetween. The first and second data sinks each include a wireless communication device, e.g., a
`radio frequency (RF) receiver or transceiver configured to receive data signals over one or more
`single-access wireless links or over a multi-access wireless link. The first and second data sinks in
`exemplary embodiments may comprise audio data sinks, e.g., stereo speakers, left-ear and right-ear
`earphones (e.g., earbuds or canalphones), left-ear and right-ear circum-aural over-the-ear headphones, etc.
`At least one of the first and second data sinks may also be coupled to a wireless transmitter and
`accompanying data source (e.g., a microphone or sensor), so as to provide, for example, two-way
`communications between a user and an external data device (e.g., a cellular telephone).”
`
`(ABSTRACT; see also para. [0011])
`
`“Each of the first and second wireless earphones 502, 504 comprises a housing containing a speaker, an
`RF receiver or transceiver and a battery.”
`
`(Para. [0030])
`
`“Whereas the wireless system 600 above has been described as comprising RF transmitters and RF
`receivers, in an alternative embodiment RF transceivers containing both an RF transmitter and an RF
`receiver may be used in place of each of the RF transmitters 610, 614 and RF receivers 604, 608. The
`same alteration is also applicable to the other embodiments set forth in this disclosure. FIG. 9 is a block
`
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`diagram of an RF transceiver 900 that may be used for this purpose. The RF transceiver 900 comprises
`an RF transmitter portion 902, an RF receiver portion 904, an antenna 906, and a duplexer 908.”
`
`(Para. [0049])
`
`6
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`
`(Fig. 9)
`
`7
`
`
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`[1(e)] a processor circuit in
`communication with the wireless
`communication circuit; and
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`Rosener discloses that each of the wireless earphones includes processing circuitry, a baseband processor,
`and/or signal conditioning circuitry connected to the wireless communication circuit:
`
`“Upon receiving the first and second data streams, the first and second RF receivers 604, 608 downconvert
`the modulated RF carriers and electrically couple the demodulated first and second data streams to the first
`and second data sinks 602, 606. The baseband portions of the first and second RF receivers 604, 608 may
`also contain, if necessary, a digital-to-analog (D/A) converter and/or other or additional processing
`circuitry to facilitate the electrical coupling of the first and second RF receivers 604, 608 to the first and
`second data sinks 602, 606. Alternatively, such components may be included as part of the data sinks 602,
`606 themselves. These additional conversion and signal processing aspects may also be applied to other
`embodiments of the invention disclosed herein.”
`
`(Para. [0036])
`
`“FIG. 8A is a diagram of a superheterodyne receiver 800 that may be used to implement each of the
`first and second receivers 604, 608 in the wireless system 600 in FIG. 6. The superheterodyne receiver
`800 comprises a front-end stage, an RF downconverter, an automatic gain control (AGC) amplifier 816,
`and a baseband quadrature demodulator 818. The front-end stage comprises an antenna 802, a first band-
`pass filter 804, a low-noise amplifier (LNA) 806, and a second band-pass filter 808. The RF dowconverter
`comprises a first mixer 810, a first local oscillator 812, and a third band-bass filter 814.”
`
`(Para. [0046])
`
`“The first band-pass filter 804 filters the modulated RF signal received by the antenna 802 to preselect the
`intended frequency band of interest from noise and other unwanted signals, and protects the rest of the
`receiver 800 from saturation by interfering signals at the antenna 802. The LNA 806 amplifies the filtered
`signal and couples its output to the second band-pass filter 808, which operates as an image reject filter,
`
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`protects the RF downconverter from out-of-band interferer signals, and suppresses undesired spurious
`signals generated by the first mixer 810 of the RF downconverter. Filtered signals from the second band-
`pass filter 808 are coupled to the mixer 810 of the RF downconverter, which operates to transfer the
`modulation on the RF signal to IF. Spurious products generated by the mixer 810 are filtered out by the
`third band-pass filter 814. The filtered IF signal is then coupled to an input of the AGC amplifier 816,
`which operates to maintain as wide a dynamic range as possible for varying levels of RF received by the
`receiver 800. The baseband quadrature demodulator 818 extracts the baseband signals from the IF. The
`extracted baseband signals are digitized by analog-to-digital (A/D) converters 820, 822 and transmitted to
`a baseband processor 824. Processed data from the baseband processor 824 is then coupled to the first
`and second data sinks. To ensure that the processed data is in a form suitable to drive the first and second
`data sinks 602, 606, the processed data from the baseband processor 824 may be first coupled to a signal
`conditioning circuit 826 to provide digital-to-analog conversion, filtering, amplification, and/or other
`signal processing functions.”
`
`(Para. [0047])
`
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`
`(Fig. 8A)
`
`
`
`[1(f)] an ear canal portion that is
`inserted into an ear of the user
`when worn by the user; and
`
`Rosener discloses that each of the wireless earphones includes an ear canal portion to be inserted into an
`ear of a user:
`
`“The first and second data sinks in exemplary embodiments may comprise audio data sinks, e.g., stereo
`speakers, left-ear and right-ear earphones (e.g., earbuds or canalphones), left-ear and right-ear circum-
`aural over-the-ear headphones, etc.”
`
`(ABSTRACT; see also para. [0011])
`
`“FIG. 5 is an illustration of a user 500 wearing a wireless headset comprising first and second wireless
`earphones 502, 504, in accordance with an embodiment of the present invention. Each of the first and
`second wireless earphones 502, 504 comprises a housing containing a speaker, an RF receiver or
`
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`transceiver and a battery. . . . Each of the first and second earphones 502, 504 may be in the form of an
`earbud designed to fit into the concha of the pinna of the user's ear; a canalphone, which can be
`fitted within the ear canal of the user's ear; an over-the-ear circum-aural type headphone; or any other
`suitable configuration that may be attached to, worn on, or fitted within the user's ear.”
`
`(Para. [0030])
`
`
`
`11
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`
`[1(g)] at least one acoustic
`transducer connected to the
`processor circuit; and
`
`(Fig. 5)
`Rosener discloses that each of the wireless earphones includes at least one transducer connected to the
`processor circuit:
`
`“Headphones have come into widespread use ever since they were invented in the late 1930s. Today,
`headphones are used in numerous industrial settings, for listening to music and radio broadcasts, and for
`receiving voice communications from mobile telephones. A conventional pair of headphones comprises
`a pair of sound transducers (i.e., speakers), which are configured to receive electrical signals from an
`audio source (e.g., compact disk (CD) player, digital audio player (MP3 player), cellular telephone,
`personal digital assistant (PDA), or personal computer) and provide sound to a user's ears.”
`
`(Para. [0002])
`
`“Each of the first and second wireless earphones 502, 504 comprises a housing containing a speaker,
`an RF receiver or transceiver and a battery. The speaker may comprise, for example, a magnetic
`element attached to a voice-coil-actuated diaphragm, an electrostatically charged diaphragm, a
`balanced armature driver, or a combination of one or more of these transducer elements.”
`
`(Para. [0030])
`
`“FIG. 8A is a diagram of a superheterodyne receiver 800 that may be used to implement each of the
`first and second receivers 604, 608 in the wireless system 600 in FIG. 6.”
`
`(Para. [0046])
`
`“To ensure that the processed data is in a form suitable to drive the first and second data sinks 602,
`606, the processed data from the baseband processor 824 may be first coupled to a signal
`
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`conditioning circuit 826 to provide digital-to-analog conversion, filtering, amplification, and/or other
`signal processing functions.”
`
`(Para. [0047])
`
`(Fig. 8A)
`
`Rosener discloses a portion that extends downwardly when the ear canal portion is inserted in an ear:
`
`[1(h)] an elongated portion that
`extends away from the body
`portion such that the elongated
`portion extends downwardly when
`the ear canal portion is inserted in
`the ear of the user;
`
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`
`(Fig. 5)
`
`
`
`[1(i)] a microphone connected to
`the processor circuit and for
`picking up utterances of a user of
`
`Rosener discloses that each of the wireless earphones may include a microphone for picking up utterances
`of a user:
`
`“The headphone 402 includes a single audio transceiver for placement near the ear and a voice tube 406 for
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`the headphones;
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`directing sound from the user's voice to a microphone within the headphone housing. The single audio
`transceiver communicates with an external wireless audio device 408 (e.g., a cellular telephone) over a
`wireless link 410.”
`
`(Para. [0008])
`
`(Fig. 4)
`
`
`
`“Either or both of the first and second earphones 502, 504 may further be coupled to a second data or
`audio data source such as, for example, a sensor or a microphone for capturing sound waves generated
`by the user's 500 voice.”
`
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`
`(Para. [0030])
`
`[1(j)] an antenna connected to the
`wireless communication circuit;
`and
`
`Rosener discloses that each of the wireless earphones includes an antenna connected to the wireless
`communication circuit:
`
`“FIG. 8A is a diagram of a superheterodyne receiver 800 that may be used to implement each of the first
`and second receivers 604, 608 in the wireless system 600 in FIG. 6. The superheterodyne receiver 800
`comprises a front-end stage, an RF downconverter, an automatic gain control (AGC) amplifier 816, and a
`baseband quadrature demodulator 818. The front-end stage comprises an antenna 802, a first band-pass
`filter 804, a low-noise amplifier (LNA) 806, and a second band-pass filter 808. The RF dowconverter
`comprises a first mixer 810, a first local oscillator 812, and a third band-bass filter 814.”
`
`(Para. [0046])
`
`16
`
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`
`(Fig. 8A)
`
`[1(k)] a rechargeable power
`source; and
`
`Rosener discloses that each of the wireless earphones includes a battery:
`
`“FIG. 5 is an illustration of a user 500 wearing a wireless headset comprising first and second wireless
`earphones 502, 504, in accordance with an embodiment of the present invention. Each of the first and
`second wireless earphones 502, 504 comprises a housing containing a speaker, an RF receiver or
`transceiver and a battery.”
`
`(Para. [0030])
`
`To the extent Rosener does not expressly disclose that the battery is rechargeable, it would have been
`obvious to a person of ordinary skill in the art to include such a component in view of background
`knowledge and experience. In particular, it would have been obvious to a person of skill to include
`rechargeable batteries given the hassle and cost of having to periodically replace the earphones’ power
`source, and given the impracticality of implementing replaceable batteries in the kind of small earphone
`form disclosed by Rosener.
`
`Further, to the extent Rosener does not expressly disclose that the battery is rechargeable, it would have
`been obvious to a person of ordinary skill in the art to select a rechargeable battery as the battery for the
`earphones given the disclosures of Rosener in view of one or more of Huddart and Rutschman. Additional
`information regarding such combinations, and motivations to combine, is set forth in Appendix A, which is
`incorporated by reference herein.
`
`[1(l)] a mobile, digital audio
`player that stores digital audio
`content and that comprises a
`
`Rosener discloses a mobile, digital audio player for transmitting digital audio content, via Bluetooth
`wireless communication links, to each of the wireless earphones:
`
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`wireless transceiver for
`transmitting digital audio content
`to the headphones via Bluetooth
`wireless communication links,
`such that each earphone receives
`and plays audio content received
`wirelessly via the Bluetooth
`wireless communication links
`from the mobile, digital audio
`player.
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`“The present invention relates to wireless systems. More particularly, the present invention relates to
`wireless communication between a data source and two or more and physically and electrically-
`separated wireless data sinks such as, for example, wireless earphones.”
`
`(Para. [0001])
`
`“FIG. 5 is an illustration of a user 500 wearing a wireless headset comprising first and second wireless
`earphones 502, 504, in accordance with an embodiment of the present invention. Each of the first and
`second wireless earphones 502, 504 comprises a housing containing a speaker, an RF receiver or
`transceiver and a battery. . . . As explained in detail below, the receiver or transceiver of each of the first
`and second earphones 502, 504 is operable to communicate with one or more external data or audio
`data devices (e.g., a cellular telephone, PDA, MP3 player, CD player, radio, personal computer,
`game console, etc.) over one or more wireless links.”
`
`(Para. [0030])
`
`“The first and second RF transmitters 610, 614 are adapted to receive data signals from a data source 618.
`The data source 618 may comprise a digital data source or an analog data source. For example, the
`data source 618 may be provided from a digital audio data output of an MP3 player, CD player, PC,
`PDA, mobile telephone, game console, component of an entertainment system, etc. If the data source
`618 is an analog data source, and the RF transmitters 610, 614 are digital transmitters, an analog-to-digital
`converter (A/D converter) may be provided, either as part of the processing circuitry of the RF transmitter
`610 or external to the RF transmitter 610, to convert the analog data signals to digital data signals.”
`
`(Para. [0033])
`
`“According to an aspect of the invention, the baseband portion of the first and second RF transmitters
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`610, 614 in the embodiment of the invention shown in FIG. 4, as well as in other embodiments in this
`disclosure, process and configure the incoming data from the data source 618 into data packets
`compliant with the Bluetooth radio standard. Details concerning the Bluetooth radio standard may be
`found in “Bluetooth End-to-End” by Dee Bakker, Diane McMichael Gilster and Ron Gilster, Hungry
`Minds, Inc., 2002 (ISBN: 0-7645-4887-5), which is incorporated into this disclosure by reference. Those of
`ordinary skill in the art will readily appreciate and understand that, whereas the Bluetooth radio standard
`may be used, that other low power radio standards and communication protocols may alternatively be
`used.”
`
`(Para. [0035])
`
`“As shown in FIG. 6, the data signals from the data source 618 are separated into first and second
`data streams. The first and second data streams are modulated onto RF carriers by the first and second RF
`transmitters 610, 614 and wirelessly transmitted to the first and second RF receivers 604, 608, via the
`first and second single-access wireless links 612, 616.”
`
`(Para. [0036])
`
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`
`[2] The system of claim 1, further
`comprising a docking station for
`
`(Fig. 6)
`
`See claim 1.
`
`To the extent Rosener does not disclose a docking station for charging at least one earphone, it would have
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`holding at least the first wireless
`earphone, wherein the docking
`station comprises a power cable
`for connecting to an external
`device for charging the at least the
`first wireless earphone when the
`docking station is connected to the
`external device via the power
`cable.
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`been obvious to a person of ordinary skill in the art to include this feature based on background knowledge
`and experience. In particular, it would have been obvious to person of ordinary skill to include, in each
`earphone, a rechargeable power source such as a rechargeable battery. See claim 1(k). It therefore would
`have been obvious to a person of skill to include in the system a means of recharging said power source,
`such as with a docking station. It further would have been obvious to a person of skill that the docking
`station would in turn require a power source; it therefore would have been obvious to a person of skill in
`the art to also include in the system a power cable for connecting the docking station to an external device
`for the purpose of providing power to the docking station (and thus, indirectly, to the earbuds or
`earphones).
`
`Further, to the extent Rosener does not expressly disclose a docking station for charging at least one
`earphone and a power cable for connecting the docking station to an external device, it would have been
`obvious to a person of ordinary skill in the art to include such a feature given the disclosures of Rosener in
`view of one or more of Huddart. See Appendix A.
`
`[3(a)] The system of claim 1,
`wherein: in a first operational
`mode, the pair of first and second
`earphones play audio content
`stored on the mobile, digital audio
`player and transmitted to the first
`and second earphones from the
`mobile, digital audio player via the
`Bluetooth wireless communication
`links; and
`
`See claim 1.
`
`Rosener discloses that each of the earphones are configured to play audio content received from a data
`source via a respective wireless communication links:
`
`“The present invention relates to wireless systems. More particularly, the present invention relates to
`wireless communication between a data source and two or more and physically and electrically-
`separated wireless data sinks such as, for example, wireless earphones.”
`
`(Para. [0001])
`
`“FIG. 5 is an illustration of a user 500 wearing a wireless headset comprising first and second wireless
`
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`earphones 502, 504, in accordance with an embodiment of the present invention. Each of the first and
`second wireless earphones 502, 504 comprises a housing containing a speaker, an RF receiver or
`transceiver and a battery. . . . As explained in detail below, the receiver or transceiver of each of the first
`and second earphones 502, 504 is operable to communicate with one or more external data or audio
`data devices (e.g., a cellular telephone, PDA, MP3 player, CD player, radio, personal computer,
`game console, etc.) over one or more wireless links.”
`
`(Para. [0030])
`
`“According to an aspect of the invention, the baseband portion of the first and second RF transmitters
`610, 614 in the embodiment of the invention shown in FIG. 4, as well as in other embodiments in this
`disclosure, process and configure the incoming data from the data source 618 into data packets
`compliant with the Bluetooth radio standard. Details concerning the Bluetooth radio standard may be
`found in “Bluetooth End-to-End” by Dee Bakker, Diane McMichael Gilster and Ron Gilster, Hungry
`Minds, Inc., 2002 (ISBN: 0-7645-4887-5), which is incorporated into this disclosure by reference. Those of
`ordinary skill in the art will readily appreciate and understand that, whereas the Bluetooth radio standard
`may be used, that other low power radio standards and communication protocols may alternatively be
`used.”
`
`(Para. [0035])
`
`[3(b)] in a second operational
`mode, the pair of first and second
`earphones play audio content
`streamed from a remote network
`server.
`
`To the extent Rosener does not expressly disclose a second operational mode in which the earphones play
`content streamed from a remote network server, it would have been obvious to a person of ordinary skill in
`the art to include such a feature given the disclosures of Rosener in view of one or more of Rezvani, and
`Goldberg. See Appendix A.
`
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`[4] The system of claim 1, wherein
`the processor circuit of the first
`earphone is for, upon activation of
`a user control of the headphones,
`initiating transmission of a request
`to a remote network server that is
`remote from the mobile, digital
`audio player and in
`communication with the mobile,
`digital audio player via a data
`communication network.
`
`[5] The system of claim 4, wherein
`the processor circuit of the first
`earphone is further for receiving a
`response to the request.
`
`[6(a)] The system of claim 4,
`wherein: the mobile digital audio
`player is a first digital audio
`source;
`
`[6(b)] the system further
`comprises a second digital audio
`player that is different from the
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`
`See claim 1.
`
`To the extent Rosener does not expressly disclose that the processor circuit of the earphones is for
`transmission of a request to a remote network server, it would have been obvious to a person of ordinary
`skill in the art to include such a feature given the disclosures of Rosener in view of Rahman. See
`Appendix A.
`
`See claim 4.
`
`To the extent Rosener does not expressly disclose that the processor circuit of the earphones is for
`receiving a response to the request, it would have been obvious to a person of ordinary skill in the art to
`include such a feature given the disclosures of Rosener in view of Rahman. See Appendix A.
`
`See claims 1(l) and 4.
`
`
`
`Rosener discloses that each of the earphones may be operable to communicate with one or more external
`devices over one or more wireless links:
`
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`first digital audio player; and
`
`[6(c)] the headphones transition to
`play digital audio content received
`wirelessly from the second digital
`audio source via a second wireless
`communication link based on, at
`least in part, a signal strength for
`the second wireless
`communication link.
`
`[7] The headphones of claim 6,
`wherein the processor circuits of
`the headphones are configured to
`receive firmware upgrades pushed
`from a remote network server.
`
`[8] The headphones of claim 6,
`wherein each of the first and
`second earphones comprises a
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`“FIG. 5 is an illustration of a user 500 wearing a wireless headset comprising first and second wireless
`earphones 502, 504, in accordance with an embodiment of the present invention. . . . As explained in detail
`below, the receiver or transceiver of each of the first and second earphones 502, 504 is operable to
`communicate with one or more external data or audio data devices (e.g., a cellular telephone, PDA,
`MP3 player, CD player, radio, personal computer, game console, etc.) over one or more wireless links.”
`
`(Para. [0030])
`
`To the extent Rosener does not expressly disclose that the earphones can transition from one audio source
`to another based on the signal strength of the second wireless link, it would have been obvious to a person
`of ordinary skill in the art to include such a feature given the disclosures of Rosener in view of one or more
`of Rajapakse, Seshadri, Harada, and Huddart. See Appendix A.
`
`See claim 6.
`
`To the extent Rosener does not expressly disclose that the earphones are configured to receive firmware
`upgrades transmitted from a remote network server, it would have been obvious to a person of ordinary
`skill in the art to include such a feature given the disclosures of Rosener in view of Price. See Appendix A.
`
`See claim 6.
`
`Rosener discloses that each of the earphones may include a buffer for storing data samples of streamed
`
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`Exhibit D8 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0076489
`
`Claim
`buffer for caching the audio
`content received by the earphone
`prior to being played by the at
`least one acoustic transducer of the
`earphone.
`
`U.S. Patent Application No. 2008/0076489 (“Rosener”)
`
`audio content:
`
`“If the first and second RF transmitters 610, 614 and first and second RF receivers 604, 608 are
`implemented as digital transmitters and receivers, the first and second RF transmitt