IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`In re Patent of: Michael J. Koss, et al.
`U.S. Patent No.:
`10,469,934 Attorney Docket No.: 50095-0018IP1
`Issue Date:
`November 5, 2019
`
`Appl. Serial No.: 16/375,879
`
`Filing Date:
`April 5, 2019
`
`Title:
`SYSTEM WITH WIRELESS EARPHONES
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`DECLARATION OF DR. JEREMY COOPERSTOCK
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`Declaration of Dr. Jeremy Cooperstock
`U.S. Patent No. 10,469,934
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`TABLE OF CONTENTS
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`I.
`
`INTRODUCTION ......................................................................................... 4
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`II. QUALIFICATIONS ..................................................................................... 5
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`III. BACKGROUND ........................................................................................... 8
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`IV. SUMMARY OF MY OPINIONS ................................................................ 9
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`V. OVERVIEW OF THE ’934 PATENT ...................................................... 10
`
`A.
`
`Brief Description ................................................................................................... 10
`
`1.
`2.
`3.
`4.
`
`The wireless headphone assembly and form factor .................................. 11
`The wireless headphone circuitry ............................................................. 13
`The digital audio player ............................................................................ 14
`The system and wireless network ............................................................. 14
`
`B.
`
`C.
`
`Interpretations of Claim Terms ............................................................................. 15
`
`Person of Ordinary Skill in the Art ....................................................................... 16
`
`VI. OVERVIEW OF PRIOR ART .................................................................. 17
`
`A.
`
`The Haupt-Seshadri-Rao Combination ................................................................. 17
`
`1.
`2.
`3.
`4.
`
`Overview of Haupt .................................................................................... 17
`Overview of Seshadri ................................................................................ 20
`Haupt modified by Seshadri...................................................................... 22
`Haupt and Seshadri in View of Rao .......................................................... 25
`
`B.
`
`The Haupt-Seshadri-Rao-Paulson Combination ................................................... 29
`
`1.
`2.
`
`Overview of Paulson ................................................................................. 29
`Haupt and Seshadri modified by Paulson ................................................. 30
`
`C.
`
`The Haupt, Seshadri, Rao, and Rosener Combination.......................................... 31
`
`1.
`2.
`
`Overview of Rosener ................................................................................ 31
`Haupt, Seshadri, and Rao in view of Rosener .......................................... 33
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`VII. ANALYSIS OF THE PRIOR ART ........................................................... 35
`
`The Haupt-Seshadri-Rao Combination Makes Claims 1, 2, 9, 47, 52, 53, 54, 56,
`A.
`and 57 Obvious ................................................................................................................. 35
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`1.
`2.
`
`Claim 1 ...................................................................................................... 35
`Claims 2, 9, 47, 52, 53, 54, 56, and 57 ..................................................... 57
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`The Haupt-Seshadri-Rao-Paulson Combination Makes Claims 3, 5, and 7
`B.
`Obvious ............................................................................................................................. 70
`
`1.
`2.
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`Claims 3 and 5 .......................................................................................... 70
`Claim 7 ...................................................................................................... 73
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`The Haupt-Seshadri-Rao-Rosener Combination Makes Claims 10, 14, 15, 23, 24,
`C.
`32-36, 42, 43, 46, 48-51, and 55 Obvious......................................................................... 75
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`The Haupt-Seshadri-Rao-Rosener-Paulson Combination Makes Claim 11, 16, 19,
`D.
`21, 25, 28, 30, 37, 39, and 45 Obvious ............................................................................. 92
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`VIII. LEGAL PRINCIPLES ............................................................................... 93
`
`A.
`
`B.
`
`C.
`
`Perspective of One of Ordinary Skill in the Art ................................................... 93
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`Anticipation........................................................................................................... 93
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`Obviousness .......................................................................................................... 94
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`IX. ADDITIONAL REMARKS ....................................................................... 96
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`Declaration of Dr. Jeremy Cooperstock
`U.S. Patent No. 10,469,934
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`1.
`
`I.
`
`I, Jeremy Cooperstock, of Montreal, Canada, declare that:
`
`INTRODUCTION
`
`2.
`
`I have been retained by Fish & Richardson, P.C., on behalf of Apple Inc.
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`(“Petitioner”), as an independent expert consultant in this inter partes review
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`(“IPR”) proceeding before the United States Patent and Trademark Office
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`(“PTO”).
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`3.
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`I have been asked by Petitioner’s counsel (“Counsel”) to consider whether
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`certain references teach or suggest the features recited in Claims 1, 2, 3, 5, 7,
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`9-11, 14-16, 19, 21, 23-25, 28, 30, 32-37, 39, 42, 43, 45-48, and 51-57 of
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`U.S. Patent No. 10,469,934 (“the ’934 patent”) (EX1001). My opinions and
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`the bases for my opinions are set forth below. My opinions are based on my
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`education and experience.
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`4.
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`In writing this Declaration, I have considered the following: my own
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`knowledge and experience, including my teaching and work experience in
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`the above fields; and my experience of working with others involved in
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`those fields.
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`5.
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`I have no financial interest in either party or in the outcome of this
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`proceeding. I am being compensated for my work as an expert on an hourly
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`basis, for all tasks involved. My compensation is not dependent on the
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`outcome of these proceedings or on the content of my opinions.
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`II. QUALIFICATIONS
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`6.
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`I am a professor in the Department of Electrical and Computer Engineering
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`at McGill University. My curriculum vitae is provided as Appendix A.
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`7.
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`I received my B.Sc. in Electrical Engineering from the University of British
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`Columbia, my M.Sc. in Computer Science from the University of Toronto in
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`1992, and my Ph.D. in Electrical and Computer Engineering from the
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`University of Toronto in 1996.
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`8.
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`I am a member of the Centre for Intelligent Machines, and a founding
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`member of the Centre for Interdisciplinary Research in Music Media and
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`Technology at McGill University. I also direct the Shared Reality Lab at
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`McGill, which focuses on computer mediation to facilitate high-fidelity
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`human communication and the synthesis of perceptually engaging,
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`multimodal, immersive environments. I led the development of the
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`Intelligent Classroom, the world's first Internet streaming demonstrations of
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`Dolby Digital 5.1, multiple simultaneous streams of uncompressed high-
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`definition video, a high-fidelity orchestra rehearsal simulator, a simulation
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`environment that renders graphic, audio, and vibrotactile effects in response
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`to footsteps, and a mobile game treatment for amblyopia.
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`9. My work on the Ultra-Videoconferencing system was recognized by an
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`award for Most Innovative Use of New Technology from ACM/IEEE
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`Supercomputing and a Distinction Award from the Audio Engineering
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`Society. The research I supervised on the Autour project earned the
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`Hochhausen Research Award from the Canadian National Institute for the
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`Blind and an Impact Award from the Canadian Internet Registry
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`Association, and my Real-Time Emergency Response project won the Gold
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`Prize (brainstorm round) of the Mozilla Ignite Challenge.
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`10.
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`I have worked with IBM at the Haifa Research Center, Israel, and the
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`Watson Research Center in Yorktown Heights, New York, the Sony
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`Computer Science Laboratory in Tokyo, Japan, and was a visiting professor
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`at Bang & Olufsen, Denmark, where I conducted research on telepresence
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`technologies as part of the World Opera Project. I led the theme of Enabling
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`Technologies for a Networks of Centres of Excellence on Graphics,
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`Animation, and New Media (GRAND) and I am an associate editor of the
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`Journal of the AES.
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`11.
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`I have carried out significant research involving network communication
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`protocols, including wireless communication employing IEEE 802.11
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`(WiFi) and IEEE 802.15 (Bluetooth). My experience in these areas includes
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`development of the Adaptive File Distribution Protocol (AFDP, 1995),
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`analysis of the tradeoffs between bandwidth, power demands, and latency
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`for audio streaming over WiFi, Bluetooth, and ultra-wideband protocols
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`(2007), and assessment of the performance and scalability of wireless audio
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`streaming for applications requiring latency-optimized multimedia streaming
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`(2008). I have led all aspects of development and experimentation in the
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`Autour project (2009-2016), for which Bluetooth is typically used as a
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`communication layer for audio between the user’s smartphone and a
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`wireless headset, or, experimentally, to transmit user input acquired from a
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`wireless game controller. I am currently leading a research project
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`(MIMIC), which communicates sensor data between two coupled
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`smartwatches using Bluetooth for local communication between the
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`smartwatches and their peered smartphones, and the public Internet between
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`the smartphones. I am also leading a project that uses both Bluetooth and
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`WiFi communication between smartphones, a GPU-based physics engine,
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`and a microelectronics architecture that renders vibrotactile effects on
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`mobile footwear.
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`12. My experience in academic and practical situations as well as my hands on
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`experience with wireless communication systems such as Bluetooth systems
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`provides me with an appreciation of the technology involved with U.S.
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`Patent No. 10,469,934 (“the ’934 patent” or APPLE-1001).
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`III. BACKGROUND
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`13.
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`I have reviewed the ’934 patent and relevant excerpts of the prosecution
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`history of the ’934 patent (“the Prosecution History” or APPLE-1002). The
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`’934 patent claims priority through a string of applications that includes U.S.
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`provisional application 61/123,265 filed on April 7, 2008. See APPLE-
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`1001, 1:5-30. While I am not opining on whether the ’934 patent is entitled
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`to this priority date, for purposes of this declaration and to review and apply
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`prior art references only, I am using April 7, 2008 as the purported priority
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`date (“Critical Date”).
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`14.
`
`I have reviewed the following references:
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`• Certified English-language translation of WIPO PCT App. Pub.
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`No. WO 2006/042749 to Haupt et al. (“Haupt”) (APPLE-1004)
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`• U.S. Patent No. 8,401,219 to Hankey et al. (“Hankey”) (APPLE-
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`1005)
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`• U.S. Pat. App. Pub. No. 2006/0166716 to Seshadri et al.
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`(“Seshadri”) (APPLE-1007)
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`• U.S. Pat. App. Pub. No. 2008/0076489 (“Rosener”) (APPLE-
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`1008)
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`• U.S. Pat. No. 7,881,745 to Rao et al. (“Rao”) (APPLE-1009)
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`• U.S. Pat. App. Pub. No. 2006/0026304 to Price et al. (“Price”)
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`(APPLE-1010)
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`• U.S. Pat. No. 7,551,940 to Paulson et al. (“Paulson”) (APPLE-
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`1011)
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`• U.S. Pat. App. Pub. No. 2008/0052698 (“Olson”) (APPLE-1012)
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`15. Counsel has informed me that I should consider these materials through the
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`lens of a person of ordinary skill in the art (“POSITA,” which is discussed
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`further in Section V.C below) related to the ’934 patent at the time of the
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`earliest purported priority date of the ’934 patent, and I have done so during
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`my review of these materials. Unless otherwise stated, my testimony below
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`refers to the knowledge of a POSITA as of the Critical Date.
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`IV. SUMMARY OF MY OPINIONS
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`16. This Declaration explains the conclusions that I have formed based on my
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`knowledge and experience and my review of the prior art references listed
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`above. To summarize, I have concluded that:
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`• Claims 1, 2, 9, 32, 47, 52, 53, 54, 56, and 57 are obvious over Haupt,
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`Seshadri, and Rao
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`• Claims 3, 5, and 7 are obvious over Haupt, Seshadri, Rao, and
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`Paulson
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`• Claims 10, 14, 15, 23, 24, 33-36, 42, 43, 46, 48-51, and 55 are
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`obvious over Haupt, Seshadri, Rao, and Rosener
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`• Claims 11, 16, 19, 21, 25, 28, 30, 37, 39, and 45 are obvious over
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`Haupt, Seshadri, Rao, Rosener, and Paulson
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`V. OVERVIEW OF THE ’934 PATENT
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`17.
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`I have reviewed the ’934 patent, titled “System with Wireless Earphones.”
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`APPLE-1001, 1:1. The ’934 patent includes 56 claims, of which claim 1 is
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`independent. APPLE-1001, 18:2-24:56.
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`A. Brief Description
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`18. The ’934 patent relates to wireless earphones that receive streaming audio
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`data over a network. APPLE-1001, 1:65-2:17. The ’934 patent describes
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`the earphones with reference to one or more embodiments that include
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`wireless headphones and a digital audio player. Annotated Figure 3 (below)
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`shows components of earphone 10, including transceiver circuit 100 and
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`peripheral components, such as power source 102, microphone 104, one or
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`more acoustic transducers 106, and antenna 108. Id., 6:28-53.
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`1.
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`The wireless headphone assembly and form factor
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`19. The wireless headphones of the ’934 patent have a pair of earphones
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`comprising a first earphone and a second earphone for outputting audio
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`respectively to the left and right ear of a user.
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`
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`APPLE-1001, Annotated Figures 1A-1D
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`20. The ’934 patent describes different embodiments of its wireless headphones.
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`APPLE-1001, 3:12-4:23. Some of these different embodiments are shown
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`above in an annotated illustration that depicts the wireless headphone
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`embodiments of Figures 1A-D of the ’934 patent.
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`21. The ’934 patent describes several embodiments in which each of the left and
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`right earphones (e.g., in-ear earphones) are wireless earbuds for placing in a
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`respective ear canal of a user. Id., 3:12-39. Examples of these embodiments
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`are depicted in the above annotated version of Figures 1A and 1B of the
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`’934 patent.
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`22. The ’934 patent describes at least one embodiment in which the left and
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`right earphones (e.g., on-ear earphones) are joined by a band, or headband,
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`that can be placed over the head of a user. Id., 3:53-67. This embodiment is
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`depicted in the above annotated version of Figure 1C of the ’934 patent. As
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`an alternative, the ’934 patent describes an embodiment where each of the
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`left and right earphones (e.g., on-ear earphones) are wireless earphones that
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`have a hanger bar, which allows the earphone to clip to, or hang on, the
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`user’s ear. Id., 4:1-7. This embodiment is depicted in the above annotated
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`version of Figure 1D of the ’934 patent.
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`23. The claims of the ’934 patent use the term “headphone assembly” to refer to
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`a broader category of wireless headphone/communication devices that can
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`include binaural earphone devices, including canalphone and earphone-type
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`devices. APPLE-1001, FIGs. 1A-1D and 9. For example, the ’934 patent’s
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`specification uses the term “headphones” to include devices that have
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`individual, separate wireless earphones with no physical element that
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`connects the individual earphones as well as devices that have individual,
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`separate wireless earphones and a headband that connects two earphones.
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`See APPLE-1001, FIGs. 1A-1D and 9.
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`24. While the challenged claims of the ’934 patent recite “headphone assembly,”
`
`the specification of the ’934 patent does not mention the term “headphone
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`assembly,” and does not appear to provide a preferred or explicit definition
`
`of that term.
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`2.
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`The wireless headphone circuitry
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`25. The ’934 patent describes that the earphones include a transceiver circuit
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`housed within a body of the earphones. For example, the transceiver circuit
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`may be housed in an exterior portion of the earphone and/or in an ear canal
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`portion of the earphone. Id., 3:33-39. The transceiver circuit “may transmit
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`and receive [] wireless signals, including receive streaming audio for playing
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`by the earphone.” Id. An annotated version of Figure 3 of the ’934 patent
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`(above) shows an embodiment of the transceiver circuit 100 and related
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`peripheral components.
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`26. As shown in the annotated Figure 3 discussed earlier, the example peripheral
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`components of the ’934 patent include a microphone, a transducer, and an
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`antenna.
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`3.
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`The digital audio player
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`27. The ’934 patent describes digital audio players “such as MP3 players and
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`iPods, that store and play digital audio files.” Id., 1:43-44. The digital audio
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`player can output audio signals that are received and processed by the
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`headphones. The digital audio player is one of multiple example data
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`sources in the ’934 patent that can wirelessly transmit audio signals to the
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`headphones. Hence, the digital audio player is referred to alternatively in
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`the ’934 patent as “data source 20.” Id., 4:30. The digital audio player can
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`communicate with the wireless headphones over an ad hoc wireless network
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`(e.g., Bluetooth) or a common infrastructure wireless network (e.g., a
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`wireless LAN). Id., 2:2-6.
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`4.
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`The system and wireless network
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`28. The wireless headphone of the ’934 patent is for listening to audio generated
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`from audio signals corresponding to digital audio content such as music or
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`speech. The digital content can be received at the headphones based on
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`signal transmissions from a server of the system, the digital audio player, or
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`both. For example, the ’934 patent describes “a wireless earphone that
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`receives streaming audio data via ad hoc wireless networks and
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`infrastructure wireless networks.” APPLE-1001, 2:56-57.
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`29. The ’934 patent describes that the “‘ad hoc wireless network’ is a network
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`where two (or more) wireless-capable devices, such as the earphone and a
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`data source, communicate directly and wirelessly, without using an access
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`point.” Id., 3:4-7. The ad hoc wireless network may use “any suitable
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`wireless communication protocol, including Wi-Fi (e.g., IEEE
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`802.11a/b/g/n), WiMAX (IEEE 802.16), Bluetooth, Zigbee, UWB, or any
`
`other suitable wireless communication protocol.” Id., 4:58-63. The ’934
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`patent describes that the “‘infrastructure wireless network,’ is a wireless
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`network that uses one or more access points to allow a wireless-capable
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`device, such as the wireless earphone, to connect to a computer network,
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`such as a LAN or WAN (including the Internet).” Id., 3:5-10.
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`30. The ’934 patent discloses that one or more of the respective earphones of its
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`wireless headphone can transition between wireless networks. Id., 2:57. For
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`example, the ’934 patent discloses that its “earphone may transition
`
`automatically from an ad hoc wireless network to an infrastructure wireless
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`network, without user intervention.” Id., 2:67-3:2.
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`B.
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`Interpretations of Claim Terms
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`31.
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`I understand that, for purposes of my analysis in this inter partes review
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`proceeding, the terms appearing in a patent claim should be interpreted
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`according to their “ordinary and customary meaning of such claim as
`
`understood by one of ordinary skill in the art and the prosecution history
`
`pertaining to the patent.” 37 C.F.R. § 42.100(b). In that regard, I understand
`
`that the best indicator of claim meaning is its usage in the context of the
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`patent specification as understood by a POSITA.
`
`32.
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`I further understand that the words of the claims should be given their plain
`
`meaning unless that meaning is inconsistent with the patent specification or
`
`the patent’s history of examination before the Patent Office. I also
`
`understand that the words of the claims should be interpreted as they would
`
`have been interpreted by a POSITA at the time of the invention was made
`
`(not today). Because I do not know at what date the invention as claimed
`
`was made, if ever, I have used the Critical Date of the ’934 patent as the
`
`point in time for claim interpretation purposes. My opinion does not change
`
`if the invention date is earlier.
`
`C.
`
`Person of Ordinary Skill in the Art
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`33. Based upon my experience in this area and taking into account the above
`
`references, a person of ordinary skill in the art at the time of the ’934
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`patent’s Critical Date (“POSITA”) would have had at least a Bachelor’s
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`Degree in an academic area emphasizing electrical engineering, computer
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`science, or a similar discipline, and at least two years of experience in
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`wireless communications across short distance or local area networks.
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`Superior education could compensate for a deficiency in work experience,
`
`and vice-versa.
`
`34.
`
`I base this characterization of a POSITA in view of my professional,
`
`academic, and personal experiences, including my knowledge of colleagues
`
`and others at the time of the invention of the ’934 patent on or shortly before
`
`the Critical Date. Specifically, my experience working with industry,
`
`undergraduate and post-graduate students, colleagues from academia, and
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`designers and engineers practicing in industry has allowed me to become
`
`directly and personally familiar with the level of skill of individuals and the
`
`general state of the art. I am familiar with the knowledge of persons of
`
`ordinary skill in the art as of the Critical Date.
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`VI. OVERVIEW OF PRIOR ART
`
`A. The Haupt-Seshadri-Rao Combination
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`1. Overview of Haupt
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`35. 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
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`electroacoustic transducer and a transmitter/receiver unit for wireless
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`reception of first signals, which contain audio signals that can be played
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`back on the electroacoustic transducer . . . .” Id., 3:27-29.
`
`36. 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
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`provides an internet service such that other network elements can likewise
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`access it.” APPLE-1004, 3:22-24. To accomplish this goal, Haupt provides
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`“WLAN headphones . . . for wireless audio file transfer, as long as the
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`receiver is within the transmission range of a WLAN access point, for
`
`example.” APPLE-1004, 2:22-24.
`
`37.
`
`In addition to its wireless headphone unit, Haupt describes “a transmission
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`system” that includes various servers (e.g., private and public servers) that
`
`communicate information wirelessly using one or more access points as well
`
`as generally via the Internet. APPLE-1004, 6:16-25. Each of the access
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`points and the headphone unit include a respective wireless local area
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`network (“WLAN”) interface that facilitates wireless communication
`
`between devices of the transmission system. See APPLE-1004, 18:30-
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`19:21. An example transmission system, which may include a public server
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`and a private server, is shown in Figure 1 of Haupt (reproduced below).
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`APPLE-1004, Figure 1 Annotated
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`38. According to Haupt’s first embodiment (shown in FIG. 2), a WLAN-enabled
`
`
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`headphone unit communicates with a server to receive music or other audio
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`via the Internet. See APPLE-1004, 6:16-8:6. For example, in a wireless
`
`network, the headphone unit uses its WLAN interface to connect wirelessly
`
`with a remote server (e.g., a public or private server) via a wireless access
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`point of the network. See APPLE-1004, 7:10-28, 18:30-19:21. Based on
`
`this wireless connection, music and other audio content is streamed to (e.g.,
`
`directly to) the headphone unit from an example Internet server via the
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`wireless access point. See APPLE-1004, 7:30-8:6, 10:11-13, 12:19-21,
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`19:10-21.
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`39. Haupt describes that the wireless headphone unit includes circuitry for a
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`“transmitter/receiver unit EE” that enables wireless communication between
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`the headphone unit and another device in a network. See APPLE-1004,
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`20:8-22. For example, Haupt states the “transmitter/receiver unit EE forms a
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`WLAN interface according to IEEE 802.11X, for example,” and the
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`“headphones can communicate wirelessly with a network by means of this
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`WLAN interface.” APPLE-1004, 20:14-16. Haupt further discloses that “the
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`transmitter/receiver unit can also contain a Bluetooth interface, such that the
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`data received through the WLAN interface can be forwarded to other
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`devices via the Bluetooth interface.” APPLE-1004, 20:28-301. In other
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`words, Haupt describes that its headphone unit is configured to communicate
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`using both WLAN and Bluetooth modes of communication.
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`2. Overview of Seshadri
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`40. Seshadri describes “a modular wireless headset with which to service
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`multiple incoming audio streams.” APPLE-1007, Abstract. The headset of
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`Seshadri is similar in many respects to the headphone unit taught by Haupt.
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`However, whereas Haupt focuses on extending direct access to audio
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`sources by making the headphone unit an active network element (see
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`1 Emphasis added throughout, unless otherwise noted.
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`20
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`APPLE-1004, 3:22-4:10, 9:14-26), Seshadri focuses on providing access to
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`multiple audio sources and transitioning between them (see APPLE-1007, ¶¶
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`0009, 0024, 0067).
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`41. Specifically, as shown in Seshadri’s Figure 3 (reproduced below), Seshadri
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`discloses distinct sources of digital audio 30-37, each of which includes a
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`respective WLAN RF interface 39 and Bluetooth-based ad hoc
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`communication link 38. See APPLE-1007, ¶¶ 0040-0043. Seshadri teaches
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`that its “wireless headset 10 may be wirelessly coupled with any one of the
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`devices 30-37.” APPLE-1007, ¶ 0040. Further, Seshadri teaches that its
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`wireless headset may connect with these devices 30-37 through either of its
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`WLAN or “piconet” (e.g., Bluetooth) interfaces 38/39. APPLE-1007, ¶
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`0042. “Thus, for example, if headset 10 and cellular telephone 36 were
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`unable to establish a piconet connection via piconet RF interfaces 38 due to
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`distance between the devices[, t]hese devices would be able to establish a
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`wireless communication link via the WLAN RF interfaces 39 and access
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`point 21.” Id.
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`21
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`APPLE-1007, Figure 3 Annotated
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`42. Thus, Seshadri’s headphones allow a user to receive audio from any of
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`
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`his/her portable devices and are configured to allow the user to easily
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`transition between these various audio sources. See APPLE-1007, ¶¶ 0005-
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`0007, 0043, 0067-0068. For example, “[w]hen a second audio stream
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`becomes available, an alert may be provided to users via the user interface,”
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`and “prompt the user to select how the multiple audio streams are to be
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`serviced.” APPLE-1007, ¶ 0068. In this regard, Seshadri improves on the
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`“[s]imple headsets [that] cannot service multiple audio sources.” APPLE-
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`1007, ¶ 0008.
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`3. Haupt modified by Seshadri
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`43. A POSITA would have found it obvious to modify Haupt based on the
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`teachings of Seshadri such that Haupt’s WLAN headphones include the
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`capability to not only communicate with servers via WLAN (as taught by
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`Haupt), but to also communicate with local audio sources via both WLAN
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`and ad-hoc networks (as taught by Seshadri).
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`44. Haupt and Seshadri are analogous art. Both describe technologies related to
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`wireless headsets/headphones. See APPLE-1004, 1:10-11; APPLE-1007,
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`¶0003; APPLE-1011, 1:33-45. Both wireless headsets/headphones are
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`configured to receive and reproduce both audio streams and voice
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`communications (e.g., voice over IP). See APPLE-1004, 16:2-8, 19:10-21;
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`APPLE-1007, ¶¶0024, 0047, 0050. Both wireless headsets/headphones are
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`configured with WLAN and ad-hoc (e.g., Bluetooth) interfaces, such that the
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`headphone/headset is capable of communicating via either protocol. See
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`APPLE-1004, 17:22-29, 22:28-23:2; APPLE-1007, ¶0042. And 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.
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`45. Haupt discloses that the main audio source for its headphones is a local or
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`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
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`could connect to a local digital media player (e.g., a cellular telephone or
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`23
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`MP3 player) and reproduce music stored on the local device. See APPLE-
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`1004, 1:13-29, 16:15-19, 19:10-19; APPLE-1007 ¶¶0024, 0040-0042, 0047,
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`0067-0068.
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`46. For example, Seshadri recognizes the benefits of coupling wireless
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`headphones to all of a user’s devices that might store audio for or provide
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`audio to the user. See APPLE-1007, ¶¶0007-0009. As described above,
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`Seshadri teaches wireless headsets/headphones configured to allow a user to
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`connect to these devices and select between multiple available audio
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`streams. See APPLE-1007, ¶¶0024, 0040-0042, 0047, 0067-0068.
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`47. Based on the teachings of Seshadri, along with his/her general knowledge, a
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`POSITA would have found it obvious to modify the WLAN wireless
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`headphones taught by Haupt—which already include a transmitter/receiver
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`unit that includes both WLAN and Bluetooth interfaces—so that the
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`headphones could 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
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`or piconet, i.e., ad hoc network, (as taught by Seshadri). A POSITA would
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`have found it obvious to implement these modified WLAN wireless
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`headphones so they utilize techniques similar to those described by Seshadri
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`to transition between various audio sources and their respective audio
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`streams. This combination comports with the teachings of Haupt, which
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`recognize that there may be times “when the headphones are no longer
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`within the transmission range of a WLAN access point.” APPLE-1004,
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`9:22-23.
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`48. Thus, in my opinion a POSITA would have been motivated to modify
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`Haupt’s WLAN wireless headphones to include the capability of using both
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`WLAN and ad-hoc networks (e.g., Bluetooth) to communicate with local
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`devices to allow the headphones to communicate with these devices
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`irrespective of whether a WLAN access point is available. As recognized by
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`Seshadri, “[d]ual communication pathways allow communications to be
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`switched between pathways, dependent on factors such as audio quality,
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`signal strength, and available bandwidth.” APPLE-1007, ¶0042. A
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`POSITA would have recognized the benefits (e.g., audio quality, signal
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`strength, and available bandwidth) of enabling Haupt’s WLAN wireless
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`headphones to communicate with local devices via either of these
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`communication pathways. Further, this modification of Haupt’s WLAN
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`wireless headphones would allow the headphones to conserve battery power,
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`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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`4. Haupt and Seshadri in View of Rao
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`49. Haupt describes that the audio files received and played back by its WLAN
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`headphones “can be stored and transmitted in a compressed form, e.g. MP3,
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`MP3pro, WMA, Ogg Vorbis, etc.” APPLE-1004, 9:28-30. However, in
`
`order to play back this audio, the headphones require hardware and/or
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`software “for decompressing the compressed audio signals.” APPLE-1004,
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`9:30-10:5. “[T]his necessary software can also be transferred along with, or
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`prior to, the audio data,” which is advantageous because “different versions
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`of such headphones from different manufacturers” can be “provided with the
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`newest software version.” Id.2
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`50. Thus, according to Haupt, when a user selects one or more audio files from a
`