IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Patent of: Michael J. Koss, et al.
`U.S. Patent No.:
`10,206,025
`Issue Date:
`February 12, 2019
`Appl. Serial No.: 15/962,305
`Filing Date:
`April 25, 2018
`Title:
`SYSTEM WITH WIRELESS EARPHONES
`
` Attorney Docket No.: 50095-0021IP2
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`PETITION FOR INTER PARTES REVIEW OF UNITED STATES PATENT
`NO. 10,206,025 PURSUANT TO 35 U.S.C. §§311–319, 37 C.F.R. §42
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`Attorney Docket No. 50095-0021IP2
`IPR of U.S. Patent No. 10,206,025
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`TABLE OF CONTENTS
`
`I. 
`II. 
`
`B. 
`
`C. 
`
`INTRODUCTION ........................................................................................... 1 
`REQUIREMENTS FOR IPR UNDER 37 C.F.R. § 42.104 ............................ 1 
`A.  Grounds for Standing ............................................................................ 1 
`B. 
`Challenge Under 37 C.F.R. § 42.104(b) and Relief Requested ............ 1 
`III.  THE ’025 PATENT ......................................................................................... 3 
`A. 
`Brief Overview ...................................................................................... 3 
`B. 
`Claim Construction ............................................................................... 4 
`IV.  THE CHALLENGED CLAIMS ARE UNPATENTABLE ............................ 5 
`A. 
`[GROUND 1A] – Obvious over Haupt and Seshadri ........................... 5 
`1. 
`Overview of Haupt ...................................................................... 5 
`2. 
`Overview of Seshadri .................................................................. 7 
`3. 
`Haupt modified by Seshadri ........................................................ 9 
`[GROUND 1B] – Obviousness over Haupt, Seshadri, and Paulson ... 42 
`1. 
`Haupt Modified By Paulson ...................................................... 42 
`[GROUND 1C] – Obviousness over Haupt, Seshadri, and Rosener .. 48 
`1. 
`Overview of Rosener ................................................................ 48 
`2. 
`Haupt and Seshadri Modified By Rosener ............................... 48 
`[GROUND 1D] – Obviousness over Haupt, Seshadri, Rosener, and
`Paulson ................................................................................................ 65 
`V.  DISCRETION UNDER §314(a) SHOULD NOT PRECLUDE
`INSTITUTION .............................................................................................. 68 
`A. 
`The General Plastic Factors Favor Institution .................................... 68 
`
`D. 
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`B. 
`The Fintiv Factors Favor Institution ................................................... 70 
`VI.  CONCLUSION .............................................................................................. 76 
`VII.  MANDATORY NOTICES UNDER 37 C.F.R § 42.8(a)(1) ......................... 76 
`A. 
`Real Party-In-Interest Under 37 C.F.R. § 42.8(b)(1) .......................... 76 
`B. 
`Related Matters Under 37 C.F.R. § 42.8(b)(2) ................................... 76 
`C. 
`Lead And Back-Up Counsel Under 37 C.F.R. § 42.8(b)(3) ............... 76 
`D. 
`Service Information ............................................................................. 77 
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`Attorney Docket No. 50095-0021IP2
`IPR of U.S. Patent No. 10,206,025
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`EXHIBITS
`
`APPLE-1001
`
`U.S. Patent No. 10,206,025 to Koss, et al. (“the ’025 patent”)
`
`APPLE-1002
`
`Excerpts from the Prosecution History of the ’025 patent (“the
`Prosecution History”)
`
`APPLE-1003
`
`Declaration of Jeremy R. Cooperstock
`
`APPLE-1004
`
`Certified English-language translation of WIPO PCT App. Pub.
`No. WO 2006/042749 to Haupt et al. (“Haupt”)
`
`APPLE-1005
`
`U.S. Patent No. 8,401,219 to Hankey et al. (“Hankey”)
`
`APPLE-1006
`
`[RESERVED]
`
`APPLE-1007
`
`U.S. Pat. App. Pub. No. 2006/0166716 to Seshadri et al.
`(“Seshadri”)
`
`APPLE-1008
`
`U.S. Pat. App. Pub. No. 2008/0076489 to Rosener et al.
`(“Rosener”)
`
`APPLE-1009
`
`[RESERVED]
`
`APPLE-1010
`
`U.S. Pat. App. Pub. No. 2006/0026304 to Price et al. (“Price”)
`
`APPLE-1011
`
`U.S. Pat. No. 7,551,940 to Paulson et al. (“Paulson”)
`
`APPLE-1012
`
`[RESERVED]
`
`APPLE-1013
`
`U.S. Pat. App. No. 2005/0037818 to Seshadri et al. (“Seshadri-
`818”)
`
`iii
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`APPLE-1014
`
`Attorney Docket No. 50095-0021IP2
`IPR of U.S. Patent No. 10,206,025
`
`
`Plaintiff KOSS Corporations’ Preliminary Infringement
`Contentions, KOSS Corporation v. Apple Inc., 6:20-cv-00665
`(WDTX)
`
`APPLE-1015
`
`Example Order Governing Proceedings - Patent Case
`
`APPLE-1016
`
`Agreed [Proposed] Scheduling Order, KOSS Corporation v.
`Apple Inc., 6:20-cv-00665 (WDTX)
`
`APPLE-1017
`
`APPLE-1018
`
`Katie Buehler, “Texas Patent Trials Halted Due to COVID-19
`Spike,” Law360, available at
`https://www.law360.com/ip/articles/1330855/texas-patent-
`trials-halted-due-to-covid-19-spike.
`
`Scott McKeown, District Court Trial Dates Tend to Slip After
`PTAB Discretionary Denials, available at
`https://www.patentspostgrant.com/district-court-trial-dates-
`tend-to-slip-afterptab-discretionary-denials/ (Jul. 24, 2020)
`
`APPLE-1019
`
`Agreed Amended Scheduling Order, Fintiv, Inc. v. Apple, Inc.,
`Civil Action No. A-19-CV-1238 (WDTX)
`
`APPLE-1020
`
`Letter from Michael Pieja to Darlene F. Ghavimi re Conditional
`Stipulation dated February 22, 2021
`
`APPLE-1021
`
`Constantine A. Balanis, Antenna Theory: A Review, 80
`Proceedings of the IEEE 7 (1992)
`
`
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`Attorney Docket No. 50095-0021IP2
`IPR of U.S. Patent No. 10,206,025
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`I.
`INTRODUCTION
`Apple, Inc. (“Petitioner” or “Apple”) petitions for Inter Partes Review
`
`(“IPR”) of claims 1-6, 9, 11-17, 19-26, 28-35, 37, 40-50 (“the Challenged Claims”)
`
`of U.S. Patent No. 10,206,025 (“the ’025 patent”).
`
`II. REQUIREMENTS FOR IPR UNDER 37 C.F.R. § 42.104
`A. Grounds for Standing
`Apple certifies that the ’025 patent is available for IPR. This petition is
`
`being filed within one year of service of a complaint against Apple. Apple is not
`
`barred or estopped from requesting this review.
`
`B. Challenge Under 37 C.F.R. § 42.104(b) and Relief
`Requested
`Apple requests an IPR on the grounds below. Additional explanation and
`
`support for each ground is set forth in the expert declaration of Dr. Cooperstock,
`
`referenced throughout this petition. See generally APPLE-1003.
`
`’025 Patent Claims1
`Ground
`Ground 1A 1, 2, 5, and 9
`Ground 1B 3, 4, and 6
`
`Basis for Rejection
`§103: Haupt, Seshadri
`§103: Haupt, Seshadri, Paulson
`
`
`1 As explained in greater detail in Section V.A and the concurrently filed Ranking
`
`Paper, these grounds cover the claims not addressed in IPR2021-00546.
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`1
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`Attorney Docket No. 50095-0021IP2
`IPR of U.S. Patent No. 10,206,025
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`Basis for Rejection
`§103: Haupt, Seshadri, Rosener
`
`§103: Haupt, Seshadri, Rosener, Paulson
`
`’025 Patent Claims1
`Ground
`Ground 1C 11, 12, 15, 19-21, 24,
`28-30, 33, 37, 40-42,
`45, 50
`Ground 1D 13, 14, 16, 17, 22, 23,
`25, 26, 31, 32, 34, 35,
`43, 44, 46-49
`
`
`
`The ’025 patent claims priority to numerous U.S. applications, the earliest of
`
`which was filed April 7, 2008 (i.e., the “Critical Date”). See APPLE-1001, 1:3-28.
`
`Petitioner does not concede that the Challenged Claims are entitled to the Critical
`
`Date but applies prior art before that date:
`
`Reference
`
`Prior Art Date
`
`Basis
`
`Haupt
`
`Seshadri
`
`Seshadri-818
`
`Paulson
`
`Rosener
`
`
`
`04/27/2006
`
`07/27/2006
`
`02/17/2005
`
`01/08/2004
`
`08/07/2006
`
`§102(b)
`
`§102(b)
`
`§102(b)
`
`§102(e)
`
`§102(e)
`
`The prior art combinations advanced herein were not before the Office
`
`during examination. All grounds are based primarily on Haupt and Seshadri,
`
`which were never presented to the Office.
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`2
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`Attorney Docket No. 50095-0021IP2
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`III. THE ’025 PATENT
`A. Brief Overview
`The ’025 patent relates to wireless earphones that receive audio data over a
`
`network. APPLE-1001, 1:65-2:16. Figure 3 (below) shows components of
`
`earphone 10, including transceiver circuit 100 and peripheral components, such as
`
`power source 102, microphone 104, one or more acoustic transducers 106, and
`
`antenna 108. Id., 6:26-51; APPLE-1003, ¶18.
`
`
`
`The wireless headphones of the ’025 patent allow their wearer to listen to
`
`audio generated from data representing digital audio content such as music or
`
`speech. The headphones may include a user control that, when activated, causes
`
`the earphone to transmit a request via a wireless network to a remote server.
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`APPLE-1001, 14:51-57.
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`Attorney Docket No. 50095-0021IP2
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`B. Claim Construction
`The USPTO applies the Phillips standard, under which claim terms are
`
`given their ordinary and customary meaning to a person of ordinary skill in the art
`
`at the Critical Date (“POSITA”)2 in light of the specification. Thorner v. Sony
`
`Comput. Entm’t Am. LLC, 669 F.3d 1362, 1365–66 (Fed. Cir. 2012).
`
`“[C]laim terms need only be construed to the extent necessary to resolve the
`
`controversy,” and none require construction here. Wellman, Inc. v. Eastman Chem.
`
`Co., 642 F.3d 1355, 1361 (Fed. Cir. 2011). Petitioner reserves the right to respond
`
`to any constructions that may later be offered by Patent Owner or adopted by the
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`Board. Petitioner is not waiving any arguments under 35 U.S.C. §1123 or claim-
`
`
`2 See APPLE-1003, ¶¶33-34 (defining a POSITA).
`
`3 In co-pending litigation Apple has asserted that certain limitations are indefinite
`
`under §112. The grounds of this petition apply even in light of these argu-
`
`ments. Apple’s §112 arguments assert that a POSITA would be unable to reasona-
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`bly ascertain the breadth of certain limitations. Yet the grounds herein apply to the
`
`most restrictive interpretation of the claims, permitting evaluation of the grounds
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`despite Apple’s indefiniteness arguments.
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`4
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`construction arguments that may be raised in litigation.
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`Attorney Docket No. 50095-0021IP2
`IPR of U.S. Patent No. 10,206,025
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`IV. THE CHALLENGED CLAIMS ARE UNPATENTABLE
`A.
`[GROUND 1A] – Obvious over Haupt and Seshadri
`1. Overview of Haupt4
`Haupt describes a “headphone unit” that “wirelessly receiv[es] first signals
`
`which contain audio signals.” APPLE-1004, Abstract. More specifically, Haupt
`
`describes a wireless headphone unit that has “at least one electroacoustic
`
`transducer and a transmitter/receiver unit for wireless reception of first signals,
`
`which contain audio signals that can be played back on the electroacoustic
`
`transducer ….” Id., 3:27-29.
`
`Haupt “relates to the concept of configuring headphones not only as passive
`
`audio receivers, but also as an active network element, or as a web client that
`
`provides an internet service such that other network elements can likewise access
`
`it.” APPLE-1004, 3:22-24. To accomplish this goal, Haupt provides “WLAN
`
`headphones … for wireless audio file transfer, as long as the receiver is within the
`
`transmission range of a WLAN access point, for example.” APPLE-1004, 2:22-24.
`
`In addition to its wireless headphone unit, Haupt describes a “data transfer
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`4 Citations to APPLE-1004 refer to the certified English translation and are in the
`
`form of Page:Line1-Line2.
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`system” that includes various servers (e.g., private and public servers) that
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`communicate information wirelessly using one or more access points as well as via
`
`the Internet. APPLE-1004, 6:16-25. Each of the access points and the headphone
`
`unit includes a wireless local area network (“WLAN”) interface that facilitates
`
`wireless communication between devices. See APPLE-1004, 18:30-19:21. An
`
`example transmission system is shown in Figure 1 of Haupt (below).
`
`APPLE-1004, Figure 1 Annotated
`
`
`
`According to Haupt’s first embodiment (shown in FIG. 2), a WLAN-enabled
`
`
`
`headphone unit communicates with a server to receive music or other audio via the
`
`Internet. See APPLE-1004, 6:16-8:6; APPLE-1003, ¶38. For example, the
`
`headphone unit uses its WLAN interface to connect wirelessly with a remote
`
`server (e.g., a public or private server) via a wireless network access point. See
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`APPLE-1004, 7:10-28, 18:30-19:21; APPLE-1003, ¶38. Based on this wireless
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`connection, music and other audio content is streamed to (e.g., directly to) the
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`headphone unit from an Internet server via the wireless access point. See APPLE-
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`1004, 7:30-8:6, 10:11-13, 12:19-21, 19:10-21; APPLE-1003, ¶38, 117, 118.
`
`Haupt’s wireless headphone unit includes circuitry for a
`
`“transmitter/receiver unit EE” that enables wireless communication between the
`
`headphone unit and another device in a network. See APPLE-1004, 20:8-22.
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`Haupt describes that transmitter/receiver unit EE can communicate using both
`
`WLAN and Bluetooth. APPLE-1004, 20:14-16, 22:28-30; APPLE-1003, ¶39.
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`2. Overview of Seshadri
`Seshadri describes “a modular wireless headset with which to service
`
`multiple incoming audio streams.” APPLE-1007, Abstract. Seshadri’s headset is
`
`similar in many respects to Haupt’s headphones. APPLE-1003, ¶40. However,
`
`whereas Haupt focuses on extending direct access to audio sources by making the
`
`headphone unit an active network element (see APPLE-1004, 3:22-4:10, 9:14-26),
`
`Seshadri focuses on providing access to multiple audio sources and transitioning
`
`between them (see APPLE-1007, ¶¶0009, 0024, 0067).
`
`Specifically, as shown in Seshadri’s Figure 3 (below), Seshadri discloses
`
`distinct sources of digital audio 30-37, each of which includes a WLAN RF
`
`interface 39 and Bluetooth-based ad hoc communication link 38. See APPLE-
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`1007, ¶¶0040-0043. Seshadri teaches that its “wireless headset 10 may be
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`wirelessly coupled with any one of the devices 30-37” through its WLAN or
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`“piconet” (e.g., Bluetooth) interfaces 38/39. APPLE-1007, ¶0040, ¶0042; APPLE-
`
`1003, ¶41. “Thus, for example, if headset 10 and cellular telephone 36 were
`
`unable to establish a piconet connection via piconet RF interfaces 38 due to
`
`distance between the devices[, t]hese devices would be able to establish a wireless
`
`communication link via the WLAN RF interfaces 39 and access point 21.” Id.
`
`APPLE-1007, Figure 3 (Annotated)
`
`Thus, Seshadri’s headphones allow a user to receive audio from any of
`
`
`
`his/her portable devices and are configured to allow the user to easily transition
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`between these audio sources. See APPLE-1007, ¶¶0005-0007, 0043, 0067-0068;
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`APPLE-1003, ¶42. For example, “[w]hen a second audio stream becomes
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`available, an alert may be provided to users via the user interface,” and “prompt
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`the user to select how the multiple audio streams are to be serviced.” APPLE-
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`1007, ¶0068. In this regard, Seshadri improves on the “[s]imple headsets [that]
`
`cannot service multiple audio sources.” APPLE-1007, ¶0008.
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`3. Haupt modified by Seshadri
`A POSITA would have found it obvious to modify Haupt based on the
`
`teachings of Seshadri such that Haupt’s WLAN headphones include the capability
`
`to not only communicate with servers via WLAN (as taught by Haupt), but to also
`
`communicate with local audio sources via both WLAN and ad-hoc networks (as
`
`taught by Seshadri). APPLE-1003, ¶43.
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`Haupt and Seshadri are analogous art. Both describe technologies related to
`
`wireless headsets/headphones. See APPLE-1004, 1:10-11; APPLE-1007, ¶0003;
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`APPLE-1011, 1:33-45. Both wireless headsets/headphones are configured to
`
`receive and reproduce both audio streams and voice communications (e.g., voice
`
`over IP). See APPLE-1004, 16:2-8, 19:10-21; APPLE-1007, ¶¶0024, 0047, 0050;
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`APPLE-1003, ¶44. Both wireless headsets/headphones are configured with
`
`WLAN and ad-hoc (e.g., Bluetooth) interfaces, such that the headphone/headset is
`
`capable of communicating via either protocol. See APPLE-1004, 17:22-29, 22:28-
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`23:2; APPLE-1007, ¶0042; APPLE-1003, ¶44. Further, the wireless
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`headsets/headphones in both Haupt and Seshadri are configured to include a
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`microphone. See APPLE-1004, 16:2-8, 22:11-26; APPLE-1007, ¶0024; APPLE-
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`1003, ¶45.
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`Haupt discloses that the main audio source for its headphones is a local or
`
`remote server accessed over a WLAN. See APPLE-1004, FIG. 1, 6:16-7:31.
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`However, it was well-known in the art that wireless headphones like Haupt’s could
`
`connect to a local digital media player (e.g., a cellular telephone or MP3 player)
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`and reproduce music stored there. See APPLE-1004, 1:13-29, 16:15-19, 19:10-19;
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`APPLE-1007 ¶¶0024, 0040-0042, 0047, 0067-0068; APPLE-1003, ¶¶47-48.
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`For example, Seshadri recognizes the benefits of coupling wireless
`
`headphones to all of a user’s devices that might store audio for or provide audio to
`
`the user. See APPLE-1007, ¶¶0007-0009; APPLE-1003, ¶48. As described above,
`
`Seshadri teaches wireless headsets/headphones configured to allow a user to
`
`connect to these devices and select between multiple available audio streams. See
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`APPLE-1007, ¶¶0024, 0040-0042, 0047, 0067-0068; APPLE-1003, ¶48.
`
`Based on Seshadri’s teachings, along with his/her general knowledge, a
`
`POSITA would have found it obvious to modify Haupt’s WLAN wireless
`
`headphones—which already include a transmitter/receiver with both WLAN and
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`Bluetooth interfaces—so they could access both remote servers via WLAN (as
`
`taught by Haupt) and local devices such as PDAs and MP3 players via either
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`WLAN or piconet, i.e., ad hoc network, (as taught by Seshadri). APPLE-1003,
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`¶51. A POSITA would also have found it obvious to implement these modified
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`WLAN wireless headphones so they utilize techniques similar to those described
`
`by Seshadri to transition between various audio sources and their respective audio
`
`streams. APPLE-1003, ¶51. This combination comports with the teachings of
`
`Haupt, which recognize that there may be times “when the headphones are no
`
`longer within the transmission range of a WLAN access point.” APPLE-1004,
`
`9:22-23; see also APPLE-1003, ¶52.
`
`Thus, a POSITA would have been motivated to modify Haupt’s WLAN
`
`wireless headphones to include the capability of using both WLAN and ad-hoc
`
`networks (e.g., Bluetooth) to communicate with local devices to allow the
`
`headphones to communicate with these devices irrespective of whether a WLAN
`
`access point is available. APPLE-1003, ¶¶53-54. As recognized by Seshadri,
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`“[d]ual communication pathways allow communications to be switched between
`
`pathways, dependent on factors such as audio quality, signal strength, and
`
`available bandwidth.” APPLE-1007, ¶0042. A POSITA would have recognized
`
`the benefits (e.g., audio quality, signal strength, and available bandwidth) of
`
`enabling Haupt’s WLAN wireless headphones to communicate with local devices
`
`via either of these communication pathways. Further, this modification of Haupt’s
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`WLAN wireless headphones would allow the headphones to conserve battery
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`power, as communication with a local device via an ad-hoc network was known to
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`require less power than WLAN communications. APPLE-1007, ¶0054.
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`Limitation 1[pre]: “A system comprising:”
`
`To the extent the preamble is limiting, Haupt discloses the claimed
`
`“system.” For example, Figure 1 of Haupt (below) shows a system where, like the
`
`‘025 patent, a headphone assembly communicates wirelessly with various sources
`
`of audio (e.g., private server PS and public server OS). See APPLE-1004, 5:23-24,
`
`6:16-25, 7:30-8:6, Figs. 1-2; APPLE-1003, ¶69.
`
`APPLE-1004, Figure 1 (Annotated)
`
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`
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`Limitation 1[a]: “a mobile, digital audio player that stores digital audio content;”
`
`As discussed at Section IV.A.3, supra, a POSITA would have found it
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`obvious to modify the WLAN wireless headphones taught by Haupt—which
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`already include a transmitter/receiver unit with both WLAN and Bluetooth
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`interfaces—so that they access both remote servers via WLAN (as taught by
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`Haupt) and local devices such as PDAs and MP3 players via either WLAN or ad-
`
`hoc network (as taught by Seshadri). APPLE-1003, ¶70. Specifically, Seshadri
`
`teaches that “wireless headset 10 may be wirelessly coupled with any one of the
`
`devices 30-37 and act as the headset communicatively coupled and registered to
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`the devices 30-37,” each of which “includes piconet RF interface 38 and/or
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`wireless interface 39.” APPLE-1007, ¶0040. These devices may include a
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`“cellular telephone, wire line telephone, laptop computer, personal computer,
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`personal digital assistant, … DVD player, MP3 player, CD player, cassette player,
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`or other like devices known to those skilled in the art.” APPLE-1007, ¶¶0024,
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`0050.
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`Seshadri teaches that the local devices (e.g., an MP3 player) to which the
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`modified WLAN headphones would have connected included a “mobile, digital
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`audio player that stores digital audio content,” as recited in 1[a]. Further, it was
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`well known that others of the local devices described by Seshadri, such as a
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`cellular phone or laptop computer, stored digital audio content. APPLE-1003, ¶72.
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`Indeed, Haupt describes that because the same types of devices (referred to as
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`“operating elements”) contain “a sufficiently large temporary memory, or buffer,
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`numerous audio files can be loaded in advance on the operating element, such that
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`they can be subsequently played back, without needing a connection to an access
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`point.” APPLE-1004, 9:2-8. Thus, the combination of Haupt and Seshadri teaches
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`headphones that may connect to a mobile digital audio player, such as the local
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`devices 30-37 of Seshadri, via an ad-hoc network. APPLE-1003, ¶72.
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`Limitation 1[b]: “a headphone assembly, separate from and in wireless
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`communication with the mobile digital audio player,”
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`The ’025 patent uses “headphone assembly” to refer to a category of devices
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`that generate audio output to the ear of a user. See, e.g., APPLE-1001, FIGs 1C, 9;
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`APPLE-1003, ¶73. An example embodiment of the wireless headphones in Haupt
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`is provided below in comparison to an example embodiment of the claimed
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`headphone assembly of the ’025 patent:
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`APPLE-1004, Figure 3
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`As described with respect to limitation 1[a], the combination of Haupt and
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`APPLE-1001, Figure 1C
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`Seshadri teaches a set of WLAN headphones configured to connect with any of
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`Seshadri’s local devices 30-37 via an ad-hoc wireless network. APPLE-1003, ¶74.
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`Specifically, Haupt teaches that its “invention relates to the idea of providing
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`WLAN headphones or a WLAN receiver with a headphone connection for wireless
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`audio file transfer.” APPLE-1004, 2:22-23. Similarly, as shown in FIG. 3,
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`Seshadri illustrates the wireless headset 12 (highlighted in green below) as separate
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`from the various local audio sources 30-37 (highlighted in blue below) to which it
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`may connect wirelessly. APPLE-1007, FIG. 3, ¶¶0040-0043.
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`Accordingly, the combination of Haupt and Seshadri renders obvious a
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`headphone assembly that is separate from and in wireless communication with a
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`mobile, digital audio player (e.g., operating element BE). APPLE-1003, ¶76.
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`Limitation 1[c]: “first and second earphones, wherein each of the first and second
`earphones comprises an acoustic transducer;”
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`Haupt teaches a wireless headphone assembly that includes the claimed
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`“first and second earphones” and “an acoustic transducer” in each of the first and
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`second earphones. APPLE-1003, ¶77.5
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`Haupt describes a wireless headphone unit including left and right earphones
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`that include “at least one electroacoustic transducer and a transmitter/receiver unit
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`for wireless reception of first signals, which contain audio signals that can be
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`played back on the electroacoustic transducer.” APPLE-1004, Abstract, 3:27-29.6
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`In discussing Figure 7, Haupt describes components in its “block diagram for the
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`wireless headphones” as also including “at least one electroacoustic transducer W.”
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`Id. 20:8-12.
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`A POSITA would have recognized that the multiple recitations in Haupt of
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`“at least one electroacoustic transducer” disclose embodiments in which the
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`5 In the context of wireless headphones, a POSITA would have understood a trans-
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`ducer was a device that converts one form of energy to another form—e.g., a
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`speaker that converts electrical signals into sound. Id.
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`6 Emphasis added throughout, unless otherwise noted.
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`wireless headphone unit includes multiple electroacoustic transducers. APPLE-
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`1003, ¶79. That is, a POSITA would have understood that Haupt discloses both
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`(1) monaural devices with a single speaker, or transducer, to provide audio to one
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`ear and (2) binaural devices in which the headphone/headset unit includes two
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`speakers, or transducers, one for each ear. APPLE-1003, ¶79. Indeed, the example
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`headphones and headsets illustrated in FIGS. 2 and 5 of Haupt all include two
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`earphones, and a POSITA would have understood that each of these earphones
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`would have included an electroacoustic transducer. See APPLE-1004, FIGS. 2, 5,
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`19:10-21 (referring to “headphones K” with the plural, indicating multiple
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`transducers); APPLE-1003, ¶79.
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`To the extent that Patent Owner improperly argues Haupt does not disclose
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`each earphone in its headphone unit includes a transducer, that would have been
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`obvious to a POSITA, in light of Haupt’s multiple descriptions of “at least one
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`electroacoustic transducer W” being present in a wireless headphone unit with left
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`and right earphones, and the knowledge of a POSITA that headphones in that form
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`required two transducers, one for each ear. See APPLE-1004, FIGS. 2, 5, APPLE-
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`1003, ¶80. Indeed, Seshadri teaches that “[w]ireless headphone(s) may be realized
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`by omitting microphone 14 and including either one or both of earpieces 12A and
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`12B,” to present stereo audio data to the user. See APPLE-1007, ¶¶0046-0047.
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`Seshadri teaches each earpiece includes a speaker module 47 that includes a
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`speaker 66 (i.e., an electroacoustic transducer). APPLE-1007, ¶¶0051-0052.
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`Attorney Docket No. 50095-0021IP2
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`A POSITA would have understood that integrating an acoustic transducer in
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`each of the left and right headphones would have allowed for outputting audio
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`respectively to the left and right ears, and would have been motivated to do so to
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`accommodate stereo audio playback. APPLE-1003, ¶81. This modification would
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`have been within the capabilities of a POSITA, particularly given a disclosure that
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`teaches headphones with “at least one electroacoustic transducer.” Id.
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`Limitation 1[d]: “an antenna for receiving wireless signals from the mobile, digital
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`audio player via one or more ad hoc wireless communication links;”
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`Haupt describes a wireless headphone unit that includes “a transmitter-
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`receiver unit (EE) for wirelessly receiving first signals containing audio signals,”
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`where the “transmitter-receiver unit (EE) is configured for wirelessly emitting the
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`identification network signal of the wireless headphones.” APPLE-1004, Abstract.
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`More specifically, Haupt describes that the “headphones have a
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`transmitter/receiver unit EE for wireless transmission and reception” of signal
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`communications and a “buffer P … connected to the transmitter/receiver unit EE”
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`“for temporary storage of the signals received by the transmitter/receiver unit EE.”
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`Id., 20:8-17.
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`As discussed in Section IV.A.1, supra, Haupt describes that the transmitter-
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`receiver unit (EE) of its headphones is configured to communicate using
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`Attorney Docket No. 50095-0021IP2
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`Bluetooth, which is an ad hoc wireless protocol. See APPLE-1004, 22:28-23:2;
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`APPLE-1003, ¶83. Further, as described with respect to limitations 1[a] and 1[b],
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`the combination of Haupt and Seshadri teaches headphones that could connect with
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`various local devices via either WLAN or an ad-hoc network. APPLE-1003, ¶83.
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`In this combination, the wireless headphones would have utilized the transmitter-
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`receiver unit (EE) to communicate with mobile, digital audio players (e.g., PDA 30
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`or cellphone 36 taught by Seshadri) via either the WLAN or ad-hoc interfaces of
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`the transmitter-receiver unit (EE).
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`Although Haupt does not use the word “antenna,” a POSITA would have
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`recognized that Figure 7’s block diagram illustrates the transmitter-receiver unit
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`(EE) as including an antenna. APPLE-1003, ¶84.
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`Further, a POSITA would have understood that, in order to “wirelessly
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`transmit[] and receiv[e],” Haupt’s transmitter-receiver unit (EE) would have
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`included one or more antennas. APPLE-1003, ¶85. As a POSITA would have
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`understood, an antenna is required for detecting/receiving and transmitting signals
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`within a wireless network. Id. At a minimum, a POSITA would have found the
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`use of an antenna obvious: Seshadri describes a receiver module 41 that is similar
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`to Haupt’s transmitter-receiver unit (EE), and teaches, e.g., that “receiver module
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`41 receives inbound RF signal 68 from base unit 16 via antenna 46.” APPLE-
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`1007, ¶0053. A POSITA would have understood that integration of an antenna in
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`the wireless headphone unit would have been advantageous to effectively and
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`reliably transmit or receive signals wirelessly via the one or more ad hoc
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`Attorney Docket No. 50095-0021IP2
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`communication links. APPLE-1003, ¶85 (citing APPLE-1021, 1). Such a
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`modification would have been well within the capabilities of a POSITA. Id.
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`Additionally, Haupt discloses the “wireless headphones substantially contain
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`all of the necessary hardware elements that are needed for both the downloading as
`
`well as playback of audio files downloaded accordingly from the internet.”
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`APPLE-1004, 9:23-26. A POSITA would have found it obvious that those
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`hardware elements include an antenna. APPLE-1003, ¶86.
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`Limitation 1[e]: “a wireless communication circuit connected to the at least one
`
`antenna, wherein the at least one wireless communication circuit is for receiving
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`and transmitting wireless signals to and from the headphone assembly;”
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`As discussed with reference to limitation 1[d], Haupt describes a wireless
`
`headphone unit that includes “a transmitter-receiver unit (EE) for wirelessly
`
`receiving first signals containing audio signals,” and where the “transmitter-
`
`receiver unit (EE) is configured for wirelessly emitting the identification network
`
`signal of the wireless headphones.” APPLE-1004, Abstract. More specifically,
`
`Haupt describes that the “headphones have a transmitter/receiver unit EE for
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`wireless transmission and reception” of signal communications and a “buffer P …