Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`U.S. Patent Application No. 2008/0166001 to Hankey (“Hankey”). Filed June 28, 2007, and published July 10, 2008.
`
`Hankey 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) because
`the earliest effective filing date of each of the claims of the ’982 patent is not earlier than July 10, 2008. In particular, each of the claims of the
`’982 patent includes at least one element that is not supported by a disclosure filed before July 10, 2008. Further detail regarding the effective
`filing dates of the claims of the ’982 patent is described in Appendix A. Claims 1–20 of the ’982 Patent are invalid as (a) obvious over Hankey
`itself or Hankey 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 Hankey 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. 2008/0166001 (“Hankey”)
`Hankey discloses a system including a wireless headset and a portable device:
`
`“Headsets may communicate with the host device via a wired and/or wireless connection. Wired
`connections may for example occur through a cable/connector arrangement. Wireless connections on the
`other hand can occur through the air (no physical connection is needed). The wired and wireless protocols
`may be widely varied. Wired protocols may for example be based on Universal Serial Bus (USB)
`interfaces, Firewire interfaces, conventional serial interfaces, parallel interfaces, and/or the like. Wireless
`protocols may, for example, be based on short range transmissions of voice and/or data. The wireless
`protocols may further be used to create personal area networks between the headset and a nearby host
`device such as a cellular phone. Some examples of wireless protocols that can be used include Bluetooth,
`Home RF, iEEE 802.11, IrDA, Wireless USB, and the like. The communication electronics may be
`embodied as a system on a chip (SOC).”
`
`(Para. [0103])
`
`“Also, while some embodiments of the present invention can include headsets configured for
`communication with a cellular phone and/or personal media device (e.g., a portable media player
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`similar to that sold under the trademark ipod® by Apple Inc. of Cupertino, Calif.), one or more features of
`the present invention can also be incorporated into headsets configured for communication with any
`electronic device.”
`
`(Para. [0329])
`
`
`
`(Para. 10A)
`
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`[1(b)] headphones comprising a
`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. 2008/0166001 (“Hankey”)
`Hankey discloses a wireless headset that may include speakers for both ears:
`
`“The present invention relates to headsets and methods for manufacturing the same. Headsets are
`communication devices that are worn on a user's head in order to allow hands free data and/or voice
`communication with a host device such as a computer, phone handset, cellular phone, an automobile and/or
`the like. Headsets can include one or more speakers (in proximity to one or both ears) for audio output
`and/or one or more microphones for audio input.”
`
`(Para. [0091])
`
`To the extent Hankey does not expressly disclose two identical, separate (i.e., not physically connected)
`wireless earphones, it would have been obvious to a person of ordinary skill in the art to configure include
`two separate wireless earphones given the disclosures of Hankey in view of one or more of Rosener and
`Chiloyan. Additional information regarding such combinations, and motivations to combine, is set forth in
`Appendix A, which is incorporated by reference herein.
`
`[1(c)] a body portion that
`comprises:
`
`Hankey discloses a wireless headset that includes a primary housing, which includes other elements, and
`from which an elongated portion extends:
`
`“According to one aspect of the invention, the headset can be embodied as a small compact unit including
`a primary housing and an earbud member extending therefrom. The earbud member may be attached
`to or integrally formed with the primary housing. Various components can be placed at the surface of or
`within the confines of the earbud member and the primary housing. In fact, both of them can include one or
`more components depending on the needs of the device. The components contained within each of these can
`be widely varied. Examples of operational components can include speakers, microphones, antennas,
`connectors, buttons, displays, indicators, battery, and associated processors, controllers and circuitry.
`Generally, the earbud member includes at least a speaker while the primary housing includes at least a
`
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`microphone (although this is not a requirement). Depending on their size, each of these members can include
`additional components of the headset. In one embodiment, the primary housing includes an antenna, user
`interface button, indicator or display (e.g., LEDs), battery, microphone, and/or a connector along with any
`accompanying circuitry while a speaker, a processor, and its accompanying circuitry can be located in the
`earbud. The button can be located on one end of the main housing. A user can interface with this button to
`perform various functions (e.g., terminating calls).”
`
`(Para. [0093])
`
`“FIG. 1 is a simplified block diagram of headset 10 in accordance with one embodiment of the present
`invention. Headset 10 can be configured to be a small compact unit in the form of a simple earpiece that can
`be placed in the ear. The headset can include a primary housing 11 and an earbud 12 that extends from
`the primary housing. Earbud 12 can fit into an ear thereby placing the primary housing next to a user's face.
`Each of these members can surround and protect various internal components and can also support thereon
`various external components associated with operating the headset. The components may be a plurality of
`electrical components that provide specific functions for the electronic device. For example, the components
`may generally be associated with generating, receiving, and/or transmitting data associated with operating
`the device.”
`
`(Para. [0107])
`
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`
`(Fig. 1)
`
`5
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`
`(Fig. 10A)
`
`
`
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`
`(Fig. 10B)
`
`
`
`To the extent Hankey does not expressly disclose that the headset includes two identical wireless earphones
`each including a primary housing, it would have been obvious to a person of ordinary skill in the art to
`include a primary housing in each of the wireless earphones given the disclosures of Hankey (see e.g., claim
`1(b)) in view of one or more of Rosener and Chiloyan. Additional information regarding such combinations,
`and motivations to combine, is set forth in Appendix A, which is incorporated by reference herein.
`
`[1(d)] a wireless communication
`
`Hankey discloses a wireless headset that includes a wireless communication circuit for receiving and
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`circuit for receiving and
`transmitting wireless signals;
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`transmitting wireless signals:
`
`“Headsets may communicate with the host device via a wired and/or wireless connection. Wired
`connections may for example occur through a cable/connector arrangement. Wireless connections on the
`other hand can occur through the air (no physical connection is needed). The wired and wireless protocols
`may be widely varied. Wired protocols may for example be based on Universal Serial Bus (USB) interfaces,
`Firewire interfaces, conventional serial interfaces, parallel interfaces, and/or the like. Wireless protocols
`may, for example, be based on short range transmissions of voice and/or data. The wireless protocols
`may further be used to create personal area networks between the headset and a nearby host device such as
`a cellular phone. Some examples of wireless protocols that can be used include Bluetooth, Home RF, iEEE
`802.11, IrDA, Wireless USB, and the like. The communication electronics may be embodied as a system on
`a chip (SOC).”
`
`(Para. [0103])
`
`“Although other wireless protocols may be used, according to one aspect of the invention, the headset can
`include communication electronics based on the Bluetooth wireless protocol. The communication
`electronics may, for example, include or correspond to a Bluetooth System-on-a-Chip (SoC). The SoC can
`include . For example, in some embodiments, circuitry for communicating using wired Universal Serial
`Bus (USB) interfaces and conventional serial interfaces can be integrated into the SoC.”
`
`(Para. [0104])
`
`“Antenna 1118 can be electrically coupled with primary housing circuit board 1115 so that it can send and
`receive wireless (e.g., radio) signals. Antenna 1118 can include any suitable antenna resonating element for
`communicating between headset 1100 and an electronic device (e.g., a cellular telephone or a personal media
`
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`
`device).”
`
`(Para. [0153])
`
`“FIG. 15 shows processor 1500 which can be used as the core processor or application processor of a headset
`in accordance with an embodiment of the present invention. Processor 1500 can, for example, correspond to
`processor 20 of FIG. 1. Processor 1500 can also be referred to as a System on a Chip (SoC) because it can
`be a single integrated circuit capable of a diverse range of functions. Processor 1500 can be a CSR BC04
`Audio Processor with integrated Flash Memory that fully supports the Bluetooth v2.0+EDR specification.
`An oscillator 1510 and clock generation circuitry 1511 can be used in conjunction with a timing crystal to
`establish a timing signal (or clock) which processor 1500 can use to coordinate its activities. RF circuitry
`1520 can be used to input and output RF signals for wireless communications. Baseband circuitry 1530
`can coordinate communications so that they conform with the a [sic] communications protocol (e.g., a
`Bluetooth protocol). Flash memory 1531 can store, for example, software and configuration information for
`processor 1500. Random access memory (RAM) 1532 can temporarily store data for Baseband circuitry
`1530 and microprocessor 1533. RISC microprocessor 1533 can be programmed to perform various functions,
`such as monitoring a thermistor (see e.g., thermistor 1433 of FIG. 14) and coordinating battery charging as
`previously described, for example.”
`
`(Para. [0176])
`
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`
`(Fig. 15)
`
`10
`
`
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`[1(e)] a processor circuit in
`communication with the wireless
`communication circuit; and
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`To the extent Hankey does not expressly disclose that the headset includes two identical wireless earphones
`each including a wireless circuit, it would have been obvious to a person of ordinary skill in the art to include
`a wireless circuit in each of the wireless earphones given the disclosures of Hankey (see e.g., claim 1(b)) in
`view of one or more of Rosener and Chiloyan. Additional information regarding such combinations, and
`motivations to combine, is set forth in Appendix A, which is incorporated by reference herein.
`
`Hankey discloses a wireless headset that includes a processor:
`
`“Headset 10 includes processor 20 for controlling the headset's functions. In the illustrated embodiment,
`processor 20 can be provided in earbud 12. In other embodiments, processor 20 can be located anywhere in
`headset 10. Processor 20 can be electrically coupled to the other components of headset 10 through circuit
`boards and/or cables. Processor 20 may facilitate wireless communications with a host device. For
`example, processor 20 can generate signals for wireless transmission and process received wireless signals.
`In addition to wireless communications, processor 20 may coordinate the operation of the various
`components of headset 10. For example, processor 20 may control the charging of a battery or the
`operation of a display system.”
`
`(Para. [0108])
`
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`
`(Fig. 1)
`
`“FIG. 15 shows processor 1500 which can be used as the core processor or application processor of a
`headset in accordance with an embodiment of the present invention. Processor 1500 can, for example,
`
`
`
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`correspond to processor 20 of FIG. 1. Processor 1500 can also be referred to as a System on a Chip (SoC)
`because it can be a single integrated circuit capable of a diverse range of functions. Processor 1500 can be
`a CSR BC04 Audio Processor with integrated Flash Memory that fully supports the Bluetooth v2.0+EDR
`specification. An oscillator 1510 and clock generation circuitry 1511 can be used in conjunction with a
`timing crystal to establish a timing signal (or clock) which processor 1500 can use to coordinate its
`activities. RF circuitry 1520 can be used to input and output RF signals for wireless communications.
`Baseband circuitry 1530 can coordinate communications so that they conform with the a [sic]
`communications protocol (e.g., a Bluetooth protocol). Flash memory 1531 can store, for example, software
`and configuration information for processor 1500. Random access memory (RAM) 1532 can temporarily
`store data for Baseband circuitry 1530 and microprocessor 1533. RISC microprocessor 1533 can be
`programmed to perform various functions, such as monitoring a thermistor (see e.g., thermistor 1433 of
`FIG. 14) and coordinating battery charging as previously described, for example.”
`
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`
`(Fig. 15)
`
`To the extent Hankey does not expressly disclose that the headset includes two identical wireless
`earphones each including a processor, it would have been obvious to a person of ordinary skill in the art to
`include a processor in each of the wireless earphones given the disclosures of Hankey (see e.g., claim 1(b))
`in view of one or more of Rosener and Chiloyan. Additional information regarding such combinations, and
`motivations to combine, is set forth in Appendix A, which is incorporated by reference herein.
`
`[1(f)] an ear canal portion that is
`inserted into an ear of the user
`when worn by the user; and
`
`Hankey discloses a wireless headset that includes an ear canal portion to be inserted into an ear of a user:
`
`“According to one aspect of the invention, the headset can be embodied as a small compact unit including
`a primary housing and an earbud member extending therefrom.”
`
`(Para. [0093])
`
`The shape and size and orientation of the earbud member and primary housing can be widely varied. In one
`embodiment, the earbud member is configured for insertion into the ear such that it supports the
`remaining portions of the headset (e.g., primary housing) proximate the user's head. In one embodiment,
`the primary housing can be configured as a longitudinal member (e.g., a tube). In one example, an earbud
`member, which contains a speaker, perpendicularly protrudes away from one end of a longitudinally
`extending primary housing, which includes a microphone at an opposite end of the longitudinally
`extending primary housing. Furthermore, the earbud member can expand outwardly and then inwardly
`from a neck portion that couples to the primary housing in order to form a bud that fits into an ear.
`
`(Para. 0094)
`
`“FIGS. 10A and 10B show perspective views of an illustrative headset in accordance with an embodiment
`
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`of the present invention. Headset 1000 can correspond to headset 10 of FIG. 1. For example, primary
`housing 1010 can correspond to primary housing 11 and earbud 1020 can correspond to earbud 12.”
`
`(Para. [0143])
`
`(Fig. 10A)
`
`
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`
`
`
`(Fig. 10B)
`
`To the extent Hankey does not expressly disclose that the headset includes two wireless earphones each
`including an earbud member, it would have been obvious to a person of ordinary skill in the art to include
`an earbud member in each of the wireless earphones given the disclosures of Hankey (see e.g., claim 1(b))
`in view of one or more of Rosener, Hupkes, and Zellner. Additional information regarding such
`combinations, and motivations to combine, is set forth in Appendix A, which is incorporated by reference
`herein.
`
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`[1(g)] at least one acoustic
`transducer connected to the
`processor circuit; and
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`Hankey discloses a wireless headset that includes speakers; speakers inherently include transducers:
`
`“The present invention relates to headsets and methods for manufacturing the same. Headsets are
`communication devices that are worn on a user's head in order to allow hands free data and/or voice
`communication with a host device such as a computer, phone handset, cellular phone, an automobile and/or
`the like. Headsets can include one or more speakers (in proximity to one or both ears) for audio output
`and/or one or more microphones for audio input.”
`
`(Para. [0093])
`
`“Headset 10 also includes speaker system 13 for distributing audio information from earbud 12.
`Speaker system 13 can include an audio port at the end of the earbud and a receiver (e.g., a speaker) disposed
`at the end of the audio port. The audio port may be covered with a grill. Speaker system 13 may also include
`various ports internal and external to the earbud. For example, speaker system 13 may include acoustical
`paths inside the earbud and acoustical paths that pass through the surfaces of the earbud.”
`
`(Para. [0109])
`
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`
`(Fig. 1)
`
`
`
`[1(h)] an elongated portion that
`extends away from the body
`
`Hankey discloses a wireless headset that includes a portion that extends downwardly when the ear canal
`portion is inserted in an ear, additionally Hankey discloses an optional “boom that places the microphone
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`portion such that the elongated
`portion extends downwardly when
`the ear canal portion is inserted in
`the ear of the user;
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`closer to the user's mouth”:
`
`The shape and size and orientation of the earbud member and primary housing can be widely varied. In one
`embodiment, the earbud member is configured for insertion into the ear such that it supports the remaining
`portions of the headset (e.g., primary housing) proximate the user's head. In one embodiment, the
`primary housing can be configured as a longitudinal member (e.g., a tube). In one example, an earbud
`member, which contains a speaker, perpendicularly protrudes away from one end of a longitudinally
`extending primary housing, which includes a microphone at an opposite end of the longitudinally
`extending primary housing. Furthermore, the earbud member can expand outwardly and then inwardly
`from a neck portion that couples to the primary housing in order to form a bud that fits into an ear.
`
`(Para. 0094)
`
`“Headset 1100 can include connector 1140 for enabling headset 1100 to electrically connect to other
`devices. An opening or port can be included in connector 1140 so that acoustic signals (e.g., speech from a
`user) can reach the microphone inside microphone boot 1144. Connector 1140 can, for example,
`correspond to assembly 320 of FIG. 3 or assembly 420 of FIG. 4, for example. The microphone can be
`electrically coupled with circuit board 1115 in any suitable manner. Microphone boot 1144 can be placed
`inside the end of primary housing 1110 that is farthest from earbud housing 1120. This end may be
`referred to herein as the microphone or connector end of headset 1100, and is also the portion of
`headset 1100 that is closest to the user's mouth when in use. The arrangement of the microphone boot
`1144 with respect to connector 1140 and accompanying parts is discussed in more detail below in
`connection with the description accompanying FIGS. 50A-54.”
`
`(Para. [0157])
`
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`
`(Fig.10A)
`
`
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`
`
`
`(Fig. 10B)
`
`“The headset may include a fixed or movable boom that places the microphone closer to the user's
`mouth (wraps around the face). Alternatively, the headset may be boomless such that the microphone is
`integrated with the earpiece thereby forming a more compact device (e.g., smaller, lighter, more
`aesthetically pleasing, etc.).”
`
`(Para. [0092])
`
`To the extent Hankey does not expressly disclose that the headset includes two identical wireless
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`earphones each including a portion that extends downwardly, it would have been obvious to a person of
`ordinary skill in the art to include a portion that extends downwardly in each of the wireless earphones
`given the disclosures of Hankey (see e.g., claim 1(b)) in view of one or more of Rosener and Chiloyan.
`Additional information regarding such combinations, and motivations to combine, is set forth in Appendix
`A, which is incorporated by reference herein.
`
`[1(i)] a microphone connected to
`the processor circuit and for
`picking up utterances of a user of
`the headphones;
`
`Hankey discloses a wireless headset that includes a microphone for picking up utterances of a user:
`
`“The present invention relates to headsets and methods for manufacturing the same. Headsets are
`communication devices that are worn on a user's head in order to allow hands free data and/or voice
`communication with a host device such as a computer, phone handset, cellular phone, an automobile and/or
`the like. Headsets can include one or more speakers (in proximity to one or both ears) for audio output and/or
`one or more microphones for audio input.”
`
`(Para. [0091])
`
`“Headset 10 also includes microphone 17 for capturing speech provided by a user. The microphone is
`typically located internal to the primary housing. One or more acoustical ports may be configured into the
`primary housing in order to provide an acoustical path from outside the primary housing to the microphone.”
`
`(Para. [0115])
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`
`(Fig. 1)
`
`To the extent Hankey does not expressly disclose that the headset includes two identical wireless
`earphones each including a microphone, it would have been obvious to a person of ordinary skill in the art
`
`
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`to include a microphone in each of the wireless earphones given the disclosures of Hankey (see e.g., claim
`1(b)) in view of one or more of Rosener and Chiloyan. Additional information regarding such
`combinations, and motivations to combine, is set forth in Appendix A, which is incorporated by reference
`herein.
`
`[1(j)] an antenna connected to the
`wireless communication circuit;
`and
`
`Hankey discloses a wireless headset that includes an antenna connected to the wireless communication
`circuit:
`
`“Headset 10 also includes a communication terminal for communicating with a host device. The
`communication terminal may be configured for wired or wireless connections. In the illustrated embodiment,
`the communication terminal is antenna 15 that supports wireless connections. Antenna 15 may be located
`internal to the primary housing or earbud. If the primary housing or earbud is not formed from a radio
`transparent material then a radio transparent window may need to be provided. In the illustrated embodiment,
`antenna 15 is located at one end of the headset. Placing antenna 15 and the accompanying radiotransparent
`window at the end preserves the side surfaces of primary housing 11. In one embodiment, button 14 and
`antenna 15 are integrated at the same end.”
`
`(Para. [0115])
`
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`
`(Fig. 1)
`
`“Antenna 1118 can be electrically coupled with primary housing circuit board 1115 so that it can send and
`receive wireless (e.g., radio) signals. Antenna 1118 can include any suitable antenna resonating element for
`
`
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`communicating between headset 1100 and an electronic device (e.g., a cellular telephone or a personal media
`device).”
`
`(Para. [0153])
`
`(Fig. 11)
`
`To the extent Hankey does not expressly disclose that the headset includes two identical wireless
`
`
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`earphones each including an antenna, it would have been obvious to a person of ordinary skill in the art to
`include an antenna in each of the wireless earphones given the disclosures of Hankey (see e.g., claim 1(b))
`in view of one or more of Rosener and Chiloyan. Additional information regarding such combinations, and
`motivations to combine, is set forth in Appendix A, which is incorporated by reference herein.
`
`[1(k)] a rechargeable power
`source; and
`
`Hankey discloses a wireless headset that includes a rechargeable power source:
`
`“Headset 10 also includes battery 19. Battery 19 may provide electrical power to components of headset
`10. Charging circuitry may also be provided to charge battery 19 when an external power supply is connected
`to headset 10.”
`
`(Para. [0117])
`
`“Battery 830 can be a device that stores chemical energy and makes it available in an electrical form. Battery
`830 may be rechargeable.”
`
`(Para. [0139])
`
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`Exhibit D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`Claim
`
`U.S. Patent Application No. 2008/0166001 (“Hankey”)
`
`(Fig. 8)
`
`To the extent Hankey does not expressly disclose that the headset includes two identical wireless
`earphones each including a rechargeable power source, it would have been obvious to a person of ordinary
`skill in the art to include a rechargeable power source in each of the wireless earphones given the
`disclosures of Hankey (see e.g., claim 1(b)) in view of one or more of Rosener and Chiloyan. 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
`
`Hankey 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 D6 - Invalidity of ’982 Patent in view of U.S. Patent Application No. 2008/0166001
`
`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. 2008/0166001 (“Hankey”)
`“The present invention relates to headsets and methods for manufacturing the same. Headsets are
`communication devices that are worn on a user's head in order to allow hands free data and/or voice
`communication with a host device such as a computer, phone handset, cellular phone, an automobile
`and/or the like. Headsets can include one or more speakers (in proximity to one or both ears) for audio
`output and/or one or more microphones for audio input.”
`
`(Para. [0091])
`
`“Headsets may communicate with the host device via a wired and/or wireless connection. Wired
`connections may for example occur through a cable/connector arrangement. Wireless connections on the
`other hand can occur through the air (no physical connection is needed). The wired and wireless protocols
`may be widely varied. Wired protocols may for example be based on Universal Serial Bus (USB)
`interfaces, Firewire interfaces, conventional serial interfaces, parallel interfaces, and/or the like. Wi