`
`Atty. Docket No. 080188PCTUSCON10
`
`35. (New) The headphone assembly of claim 30, wherein:
`
`the mobile, digital audio playeris a first digital audio source;
`
`the headphone assembly transitions to play digital audio content received wirelessly from a
`
`second digital audio source via a second wireless communication link based on, at least, a
`
`signal strength level for the second wireless communication link, wherein the second digital
`
`audio source is different from the first digital audio source.
`
`36. (New) The headphoneassembly of claim 31, wherein:
`
`the mobile, digital audio playeris a first digital audio source;
`
`the headphone assembly transitions to play digital audio content received wirelessly from a
`
`second digital audio source via a second wireless communication link based on,at least, a
`
`signal strength level for the second wireless communication link, wherein the second digital
`
`audio source is different from the first digital audio source.
`
`37. (New) The headphoneassembly of claim 32, wherein:
`
`the mobile, digital audio playeris a first digital audio source;
`
`the headphone assembly transitions to play digital audio content received wirelessly from a
`
`second digital audio source via a second wireless communication link based on,at least, a
`
`signal strength level for the second wireless communication link, wherein the second digital
`
`audio source is different from the first digital audio source.
`
`38. (New) The headphone assembly of claim 33, wherein:
`
`the mobile, digital audio playeris a first digital audio source;
`
`the headphone assembly transitions to play digital audio content received wirelessly from a
`
`second digital audio source via a second wireless communication link based on,at least, a
`
`signal strength level for the second wireless communication link, wherein the second digital
`
`audio sourceis different from the first digital audio source.
`
`39. (New) The headphone assembly ofclaim 12, wherein the headphone assemblyis for
`
`receiving firmware upgrades transmitted from the remote, network-connected server transmits.
`
`502142506 v2
`
`Bose Exhibit 1002 - Page 334
`Bose Exhibit 1002 - Page 334
`
`
`
`Serial No. 16/375,879
`
`Atty. Docket No. 080188PCTUSCON10
`
`40. (New) The headphoneassembly of claim 12, wherein each ofthe first and second earphones
`
`comprise earbuds.
`
`41. (New) The headphone assembly ofclaim 2, wherein:
`
`the wireless circuit comprises first and second wireless circuit;
`
`the first wireless circuit is in the first earphone; and
`
`the second wireless circuit is in the second earphone.
`
`42. (New) The headphone assembly of claim 40, wherein each of the first and second earphones
`
`comprises:
`
`a body portion that sits at least partially in an ear of the user when the headphone assembly is
`
`worn bythe user; and
`
`an elongated portion that extends from the body portion.
`
`43. (New) The headphoneassembly of claim 42, wherein at least one of thefirst and second
`
`earphonesis charged bya dockingstation.
`
`44. (New) The headphone assembly of claim 43, wherein:
`
`in a first audio play mode, the first and second earphones play audio content stored on a mobile,
`
`digital audio player and transmitted to the headphone assembly from the mobile, digital audio
`
`player via the one or more ad hoc wireless communication links; and
`
`in a second audio play mode, the earphones play audio content streamed from the remote,
`
`network-connected server.
`
`45. (New) The headphoneassembly of claim 43, wherein the processoris for:
`
`processing audible utterances by the user picked up by the microphone in responseto activation
`
`of the microphonebythe user; and
`
`transmitting a communication based on the audible utterances via the one or more ad hoc
`
`wireless communication links.
`
`46. (New) The headphone assembly of claim 44, wherein the processoris for:
`
`502142506 v2
`
`-10-
`
`Bose Exhibit 1002 - Page 335
`Bose Exhibit 1002 - Page 335
`
`
`
`Serial No. 16/375,879
`
`Atty. Docket No. 080188PCTUSCON10
`
`processing audible utterances by the user picked up by the microphone in responseto activation
`
`of the microphonebythe user; and
`
`transmitting a communication based on the audible utterances via the one or more ad hoc
`
`wireless communication links.
`
`47, (New) The headphone assembly of claim 41, wherein each of the first and second earphones
`
`further comprises:
`
`an adjustable, curved hangerbarthat sits upon an upper external curvature ofthe user’s ear,
`
`behind an upperportion of an auricula of the user’s ear, when the headphone assembly is
`
`worn bythe user; and
`
`a body connected to the hanger bar, wherein the earphone extends from the body into the user’s
`
`ear when the headphone assembly is worn by the user.
`
`48. (New) The headphone assembly of claim 47, wherein at least one of the first and second
`
`earphonesis charged by a dockingstation.
`
`49. (New) The headphone assembly of claim 47, wherein:
`
`the mobile, digital audio playeris a first digital audio source;
`
`the headphone assembly transitions to play digital audio content received wirelessly from a
`
`second digital audio source via a second wireless communication link based on,at least, a
`
`signal strength level for the second wireless communication link, wherein the second digital
`
`audio source is different from the first digital audio source
`
`50. (New) The headphone assembly of claim 2, wherein upon activation of the microphone by
`
`the user, data are transmitted about the headphone assembly to a remote device.
`
`51. (New) The headphoneassembly of claim 42, wherein:
`
`the mobile, digital audio playeris a first digital audio source;
`
`the headphone assembly transitions to play digital audio content received wirelessly from a
`
`second digital audio source via a second wireless communication link based on,at least, a
`
`502142506 v2
`
`-ll-
`
`Bose Exhibit 1002 - Page 336
`Bose Exhibit 1002 - Page 336
`
`
`
`Serial No. 16/375,879
`
`Atty. Docket No. 080188PCTUSCON10
`
`signal strength level for the second wireless communication link, wherein the second digital
`
`audio sourceis different from the first digital audio source.
`
`52. (New) The headphone assembly ofclaim 44, wherein:
`
`the mobile, digital audio playeris a first digital audio source;
`
`the headphone assembly transitions to play digital audio content received wirelessly from a
`
`second digital audio source via a second wireless communication link based on,at least, a
`
`signal strength level for the second wireless communication link, wherein the second digital
`
`audio sourceis different from the first digital audio source.
`
`53. (New) The headphone assembly of claim 45, wherein:
`
`the mobile, digital audio playeris a first digital audio source;
`
`the headphone assembly transitions to play digital audio content received wirelessly from a
`
`second digital audio source via a second wireless communication link based on,at least, a
`
`signal strength level for the second wireless communication link, wherein the second digital
`
`audio source is different from the first digital audio source.
`
`54.
`
`(New) The headphone assemblyof claim 41, wherein the headphone assembly is for
`
`receiving firmware upgradestransmitted from the remote, network-connected server.
`
`55. (New) The headphone assembly of claim 2, wherein the headphone assembly further
`
`comprises first and second integrated circuits, wherein the first integrated circuit comprises the
`
`wireless communication circuit and the second integrated circuit, which is separate from the first
`
`integrated circuit, comprises the processor.
`
`56.
`
`(New) The headphoneassembly of claim 2, wherein each ofthe first and second earphones
`
`further comprises:
`
`an adjustable, curved hangerbar that sits upon an upper external curvature of the user’s ear,
`
`behind an upper portion ofan auricula ofthe user’s ear, when the headphone assembly is
`
`worn bythe user; and
`
`502142506 v2
`
`-12-
`
`Bose Exhibit 1002 - Page 337
`Bose Exhibit 1002 - Page 337
`
`
`
`Serial No. 16/375,879
`Atty. Docket No. 080188PCTUSCON10
`
`a body connected to the hanger bar, wherein the earphone extends from the body into the user’s
`
`ear when the headphone assembly is worn by the user.
`
`57.
`
`(New) The headphone assembly ofclaim 2, wherein each ofthe first and second earphones
`
`comprise earbuds.
`
`58.
`
`(New) The headphone assembly of claim 2, wherein each ofthe first and second earphones
`
`comprise on-ear speaker elements.
`
`59.
`
`(New) The headphone assembly ofclaim 2, wherein each ofthe first and second earphones
`
`comprise over-ear speaker elements.
`
`60. (New) The headphone assembly of claim 47, wherein the headphone assemblyis for
`
`receiving firmware upgradestransmitted from the remote, network-connected server
`
`502142506 v2
`
`-13-
`
`Bose Exhibit 1002 - Page 338
`Bose Exhibit 1002 - Page 338
`
`
`
`Serial No. 16/375,879
`Atty. Docket No. 080188PCTUSCON10
`
`REMARKS
`
`In this preliminary amendment, Applicant has canceled original claim 1 without prejudice
`
`or disclaimer and added new claims 2-60. Support for the new claims may be found throughout
`
`the application as orginally filed; no new matter is added. New claims 2-60 are similar to the
`
`claims of U.S. Patent 10, 206,025 (“the ‘025 Patent’), to which the Subject Application claims
`
`priority. To expedite prosecution, Applicant has filed a terminal disclaimer referencing the ‘025
`
`Patent.
`
`Applicant is paying the requisite fees for the additional claims and the Office is
`
`authorized to charge any additionally needed fees for consideration of this amendmentto
`
`Account No. 02-1818. To the extent that an extension oftime is required and is not otherwise
`
`addressed, Applicant hereby petitions for the same and requests that the fee be charged to
`
`Deposit Account 02-1818.
`
`A representative of the Office is invited to contact the undersigned with any questions
`
`regarding this application or this preliminary amendment.
`
`Date: April 8, 2019
`
`Respectfully submitted,
`
`/Mark G. Knedeisen/
`Mark G. Knedeisen
`Reg. No. 42,747
`
`K&L GATES LLP
`K&L Gates Center
`210 Sixth Ave.
`Pittsburgh, Pennsylvania 15222
`
`(412) 355-6342
`Ph.
`Fax (412) 355-6501
`email: mark. knedeisen@klgates.com
`
`502142506 v2
`
`-14-
`
`Bose Exhibit 1002 - Page 339
`Bose Exhibit 1002 - Page 339
`
`
`
`Electronic Patent Application Fee Transmittal
`
`Title of Invention:
`
`SYSTEM WITH WIRELESS EARPHONES
`
`First NamedInventor/Applicant Name:
`
`Michael J. Koss
`
`Attorney Docket Number:
`
`080188PCTUSCON10
`
`Filed as Small Entity
`
`Filing Fees for Utility under 35 USC 111(a)
`
`Sub-Total in
`Fee Code Quantity AmountDescription USD(S)
`
`
`
`a
`
`
`
`
`
`
`
`
`
`Basic Filing:
`
`Claims:
`
`Miscellaneous-Filing:
`
`Patent-Appeals-and-Interference:
`
`Post-Allowance-and-Post-Issuance:
`
`Bose Exhibit 1002 - Page 340
`Bose Exhibit 1002 - Page 340
`
`
`
`Extension-of-Time:
`
`Total in USD (S$)
`
`Miscellaneous:
`
`Bose Exhibit 1002 - Page 341
`Bose Exhibit 1002 - Page 341
`
`
`
`
`
`ae
`
`Electronic AcknowledgementReceipt
`
`e
`
`Title of Invention:
`
`SYSTEM WITH WIRELESS EARPHONES
`
`First Named Inventor/Applicant Name:
`
`Michael J. Koss
`
`Customer Number:
`
`26285pe
`ee
`
`ee
`
`Utility under 35 USC 111{a)
`Application Type:
`
`
`Paymentinformation:
`
`37 CFR 1.17 (Patent application and reexamination processing fees)
`
`Deposit Account
`
`021818
`
`The Director of the USPTO is hereby authorized to charge indicated fees and credit any overpayment as follows:
`37 CFR 1.16 (National application filing, search, and examination fees)
`
`Bose Exhibit 1002 - Page 342
`Bose Exhibit 1002 - Page 342
`
`
`
`Information:
`
`
`5 M
`
`ultipart Description/PDF files in .zip description
`
`DocumentDescription
`
`Preliminary Amendment
`
`
`Claims
`
`
`Applicant Arguments/Remarks Made in an Amendment
`
`Warnings:
`Information:
`
`Fee Worksheet (SB06)
`
`fee-info.pdf
`
`Bee9la9858[La85bcde27897683e7aa9e34]
`8o45
`
`Bose Exhibit 1002 - Page 343
`Bose Exhibit 1002 - Page 343
`
`
`
`Pages
`Multi
`File Size(Bytes)/
`Document Description
`Document
`
`
`
`Number Message Digest|Part /.zip|P (if appl.)
`125123
`
`Terminal Disclai
`erminal
`isciaimer
`
`Filed
`tne
`
`4-8-2019-080188PCTUSCON10-
`Terminal-Disclaimer.pdf
`
`33c061cca66947al a4dde7b61bc427e4f44
`96834
`
`1
`
`Information:
`
`Miscellaneous Incoming Letter
`
`4-8-2019-Amendment-
`:
`transmittal.pdf
`
`b9d910895973c186193d30835598256899
`89381
`
`145410
`
`Information:
`
`4-8-2019-080188PCTUSCON10-
`
`131561
`
`Preliminary-Amendment.pdf
`
`dc2691c4efba24902c05a245ee7fcf224bb1
`
`
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTOofthe indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`the application.
`
`New Applications Under 35 U.S.C. 111
`If a new applicationis being filed and the application includes the necessary componentsfora filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shownon this
`Acknowledgement Receiptwill establish thefiling date of the application.
`National Stage of an International Application under 35 U.S.C. 371
`If a timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/EO/903indicating acceptance of the application as a
`national stage submission under35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`New International Application Filed with the USPTO asa Receiving Office
`If a new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`andof the International Filing Date (Form PCT/RO/105)will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receiptwill establish the international filing date of
`
`Bose Exhibit 1002 - Page 344
`Bose Exhibit 1002 - Page 344
`
`
`
`PTOVAIA/26 (04-14)
`Approved for use through 11/30/2020. OMS 0651-0031
`
`
`JU:%. Pp.atentaad Trademark Gifice, US. DEPARTMENT OF COMMERCE
`nes it displays a valid OMB control number, .
`‘Docket Number (Optional)
`
`in re Application of Koss Corporation
`
`Application No.. 16/375,.879
`
`Filed: April 5, 2019
`
`For SYSTEM WITH WIRELESS EARPHONES
`
`=f
`percent interest in the instant application hereby
`100
`, owner of
`Koss Corporation
`The applicant,
`disclaims, except as provided below, the terminal part of the statutory term of any patent granted on the instant application which would extend
`beyond the expiration date of the full statutory term of prior patent No. 10,206,025
`as the term of said prior patent is presently
`'
`shortened by any terminal disclaimer. The applicant hereby agrees that any palent so granied on the instant application shall be enforceable
`only for and during such period that it and the prior patent are commonly owned. This agreement runs with any patent granted on the instant
`application and is binding upon the grantee, its successors or assigns.
`
`in making the above disclaimer, the applicant does not disclaim the terminal part of the term of any patent granted on the instant application
`that would extendto the expiration date af the full statutory termof the prior patent, “as the termof said prior patent is presently shortened by |
`any terminal disclaimer,” in the event that said prior patent later:
`5
`expires for failure to pay a maintenancefee:
`is held unenforceable;
`is found invalid by a court of competent jurisdiction:
`is statutorily disclaimed in whole or terminally disclaimed under 37 CFR 1.331;
`has ail claims canceled by a reexamination certificate:
`is reissued; or
`is in any manner terminated prior to the expiration ofits full statutory term as presently shortened by any terminal disclaimer.
`
`0801 BBPCTUSCONTO
`
`Check either box 1 or 2 below, if appropriate.
`4,r| The undersignedis the applicant. {fihe applicantis an assignee, the undersigned is authorized to act on behalf of the assignee.
`
`thereby acknowledge that any wilfful false statements mace are punishable under 18 U.S.C. 1901 by fine or imprisonment of not more
`thanfive (5) years, or both.
`
`2.
`
`The undersigned is an attorney or agent of record. Reg. No_ 42,747
`
`Mark G. Knedeisen
`Typed or printed name
`
`Attomey
`Title
`
`492-355-8342
`Telephone Number
`
`Terminal disclaimer fee under 37 CFR 1.20(d) included.
`
`WARNING: Information on this form may become public. Credit card information should not
`be inchuded on this form. Provide credit card information and authorization on PTO-2038.
`
`
`
`
`collect
`quired by 37 CER 1.321, The information is required te obtain or retain a benefit byine public which is to file (and by the USPTO
`to process) an application. Confid
`ty is governed by 35 U.S.C. 122 and 37 GFR 1.17 and 1.14. This collection is estimated to take 12 minutes to complete,
`
`
`
`
`bmitting the completed
` including gathering, preparing, an
`cation torm to the USPTO. Time will vary depending upontheindividual case. Any comments
`
`on the amount of time yourequireto complete ihis form and/or suggestions for reducing this burden, should be sent to the Chief Information
`Officer, U.S. Patent
`
`D FORMS TO THIS
`and Trademark Office, U.S. Department of Commerce, P.O. Box 1450, Alexandria, VA 22313-1450. DO NOT SEND FEES OR COMPLET
`ADDRESS. SENDS TG: Commissionar for Patents, P.O. Box 1450, Alexandria, VA 22343-1450.
`
`lf you need assistance in campleting the form, call 1-800-PTO-9198 and select option 2
`
`Bose Exhibit 1002 - Page 345
`Bose Exhibit 1002 - Page 345
`
`
`
`PATENT
`
`IN THE UNITED STATES PATENT AND TRADEMARKOFFICE
`
`Examiner:
`
`TBD
`
`Art Unit:
`
`TBD
`
`Atty. Docket No. 080188PCTUSCON10
`
`Conf. No.:
`
`1056
`
`) ) ) ))
`
`) )
`
`Applicant: Koss Corporation
`
`Inventor(s): Michael J. Koss, et al.
`
`Application No.:
`
`16/375,879
`
`Filing Date: April 8, 2019
`
`Title: SYSTEM WITH WIRELESS EARPHONES
`
`VIA EFS-Web
`
`April 8, 2019
`
`Mail Stop Amendment
`Commissioner for Patents
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`AMENDMENT TRANSMITTAL
`
`1.
`
`2.
`
`Transmitted herewith is an amendmentfor this application.
`
`STATUS
`
`Applicantis
`
`A statementthatthis filing is by a small entity is hereby asserted
`XxX]
`in accordance with the rule change effective September 8, 2000, 65 Fed. Reg.
`54603.
`
`[] other than a small entity.
`
`502173071
`
`Bose Exhibit 1002 - Page 346
`Bose Exhibit 1002 - Page 346
`
`
`
`EXTENSION OF TERM
`
`NOTE:
`
`“Extension of Time in Patent Cases (Supplement Amendments)- If a timely and complete response has been
`filed after a Non-Final Office Action, an extension of time is not required to permit filing and/or entry of an
`additional amendmentafter expiration of the shortened statutory period.
`
`If a timely response has been filed after a Final Office Action, an extension oftime is required to permit filing
`and/or entry of a Notice of Appeal or filing and/or entry of an additional amendment after expiration of the
`shortened statutory period unless the timely-filed response placed the application in condition for allowance. Of
`course, if a Notice of Appeal has beenfiled within the shortened statutory period, the period has ceasedfo run.”
`Notice of December 10, 1985 (1061 O.G. 34-35).
`
`NOTE: See 37 CFR 1.645 for extensions of time in interference proceedings, and 37 CFR 1.550(c) for
`extensions of time in reexamination proceedings.
`
`3.
`apply.
`
`The proceedings herein are for a patent application and the provisions of 37 CFR 1.136
`
`(a)
`
`[]
`
`Extension
`
`(complete (a) or (b), as applicable)
`Applicant petitions for an extension of time under 37 CFR 1.136
`(fees: 37 CFR 1.17(a)-() for the total number of months checked below:
`Fee for other than
`Fee for
`
`(months)
`| one month
`[_] two months
`[_] three months
`| four months
`
`small entity
`$ 200.00
`$ 600.00
`$1,400.00
`$2,200.00
`
`small entity
`$
`100.00
`$
`300.00
`$
`700.00
`$ 1,100.00
`
`Fee: $
`
`If an additional extension oftime is required, please consider this a petition therefor.
`
`(check and complete the next item, if applicable)
`
`[] An extension for months has already been secured and the fee
`paid therefor of $
`is deducted from the total fee due for the total
`months of extension now requested.
`
`Extension fee due with this request $
`
`OR
`
`(b)
`
`Xx]
`
`this
`However,
`required.
`Applicant believes that no extension of term is
`conditional petition is being made to provide for the possibility that applicant has
`inadvertently overlooked the need for a petition for extension oftime.
`
`AmendmentTransmittal -page 2 of 4
`
`Bose Exhibit 1002 - Page 347
`Bose Exhibit 1002 - Page 347
`
`
`
`FEE FOR CLAIMS
`
`4,
`
`The fee for claims (37 CFR 1.16(b)-(d) has been calculated as shown below:
`OTHER THAN A
`(Col. 1)
`(Col. 2)
`(Col. 3)
`SMALL ENTITY
`SMALL ENTITY
`
`CLAIMS
`HIGHEST NO
`REMAINING
`ADDIT.
`ADDIT.
`PRESENT
`PREVIOUSLY
`AFTER
`AMENDMENT
`PAID FOR
`EXTRA
`RATE
`FEE
`OR
`RATE
`FEE
`
`TOTAL
`59¢
`MINUS
`206c.0
`=39
`X50=
`$1,950
`X100=
`$0
`
`INDEP.
`1e¢
`MINUS
`3eee
`=0
`X230=
`$0
`X460=
`$0
`
`L_] FIRST PRESENTATION OF MULTIPLE DEP. CLAIM +410=
`$0
`+820=
`$0
`TOTAL
`TOTAL
`ADDIT.
`ADDIT.
`FEE
`FEE
`
`OR
`
`$1,950
`
`$0
`
`°
`
`oo
`
`ooo
`
`If the entry in Col. 1 is less than entry in Col. 2, write “)’ in Col. 3.
`
`If the “Highest No. Previously Paid for’ IN THIS SPACE is less than 20, enter “20.”
`
`If the “Highest No. Previously Paid for’ IN THIS SPACE is less than 3, enter “3.”
`The “Highest No. Previously Paid for” (Total or indep.) is the highest number found in the appropriate box
`in Col. 1 of a prior amendmentor the number ofclaims originally filed.
`
`WARNING
`
`“After final rejection or action (§ 1.113) amendments may be madecancelling claims or complying
`with any requirement of form which has been made.” 37 CFR § 1.116(a) (emphasis added).
`
`(c)
`
`(d)
`
`Complete (c) or (d),
`
`as applicable
`
`No additional fee for claims is required.
`
`OR
`
` KOWwWOU
`
`Total additional fee for claims required $1,950.00
`
`FEE PAYMENT
`
`Attached is a check in the sum of $
`
`Charge Account No._02-1818
`
`the sum of $1,950.00
`
`AmendmentTransmittal -page 3 of 4
`
`Bose Exhibit 1002 - Page 348
`Bose Exhibit 1002 - Page 348
`
`
`
`FEE DEFICIENCY
`
`NOTE:
`
`if there is a fee deficiency and there is no authorization to charge an account, additional fees are
`necessary to cover the additional time consumed in making up the original deficiency.
`If the
`maximum,
`six-month period has expired before the deficiency is noted and corrected,
`the
`application is held abandoned.
`In those instances where authorization to charge is included,
`processing delays are encountered in returning the papers to the PTO Finance Branch in order to
`apply these charges prior to action on the cases. Authorization to charge the deposit account for
`any fee deficiency should be checked. See the Notice of April 7, 1986, (1065 O.G. 37-33).
`6. Xx If any additional extension and/orfee is required, charge Account No.
`02-1818.
`
`7. XI If any additional fee for claims is required, charge Account No.
`02-1818.
`
`AND/OR
`
`Reg. No.: 42,747
`
`Tel.No.:
`
`412-355-6342
`
`Customer No. 26285
`
`/Mark G. Knedeisen/
`SIGNATURE OF ATTORNEY
`
`Mark G. Knedeisen
`(type or print name ofattorney)
`
`K&L Gates LLP
`P.O. Address
`K&L Gates Center
`210 Sixth Avenue
`Pittsburgh, PA 15222-2613
`
`AmendmentTransmittal -page 4 of 4
`
`Bose Exhibit 1002 - Page 349
`Bose Exhibit 1002 - Page 349
`
`
`
`
`
`UNITED StaTreS PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and ‘Trademark Office
`Address: COMMTSSIONER, FOR PATENTS
`PC. Box 1450
`Alexandria, Virgnia 22313-1450
`Wwww.uspto.gov
`
`GRP AR’
`FILINGor
` APPLICATION
`NUMBER
`371(¢) DATE
`UNI
`FIL FEE REC'D
`ATTY.DOCKET.NO
`[TOT CLAIMS§IND CLAIMS
`080188PCTUSCONI10 CONFIRMATION NO.‘1056
`16/375,879
`04/05/2019
`2649
`2735
`
`26285
`K&L GATES LLP-Pittsburgh
`
`S10 SIXTH AVENUE.
`
`PITTSBURGH, PA 15222-2613
`
`FILING RECEIPT
`
`NU.09.000
`
`Date Mailed: 04/22/2019
`
`Receipt is acknowledged of this non-provisional patent application. The application will be taken up for examination
`in due course. Applicant will be notified as to the results of the examination. Any correspondence concerning the
`application mustinclude the following identification information: the U.S. APPLICATION NUMBER, FILING DATE,
`NAME OF APPLICANT, and TITLE OF INVENTION. Fees transmitted by check or draft are subject to collection.
`Please verify the accuracy of the data presented on this receipt. If an error is noted on this Filing Receipt, please
`submit a written request for a Filing Receipt Correction. Please provide a copy ofthis Filing Receipt with the
`changesnotedthereon. If you received a "Notice to File Missing Parts" for this application, please submit
`any corrections to this Filing Receipt with your reply to the Notice. When the USPTO processesthe reply
`to the Notice, the USPTO will generate another Filing Receipt incorporating the requested corrections
`
`Inventor(s)
`
`Applicant(s)
`
`Michael J. Koss, Milwaukee, WI;
`Michael J. Pelland, Princeton, WI;
`Michael Sagan, Fairfield, CA;
`Steven R. Reckamp, Crystal Lake, IL;
`Gregory J. Hallingstad, Deforest, WI;
`Jeffery K. Bovee, Sterling, IL;
`Morgan J. Lowery, Deforest, WI;
`
`Koss Corporation, Milmaukee, WI;
`
`Powerof Attorney: The patent practitioners associated with Customer Number 26285
`
`Domestic Priority data as claimed by applicant
`This application is a CON of 16/182,927 11/07/2018
`whichis a CON of 15/962,305 04/25/2018 PAT 10206025
`whichis a CON of 15/650,362 07/14/2017 PAT 9986325
`whichis a CON of 15/293,785 10/14/2016 PAT 9729959
`whichis a CON of 15/082,040 03/28/2016 PAT 9497535
`which is a CON of 14/695,696 04/24/2015 PAT 9438987
`whichis a CON of 13/609,409 09/11/2012 PAT 9049502
`which is a CON of 13/459,291 04/30/2012 PAT 8571544
`whichis a CON of 12/936,488 12/20/2010 PAT 8190203
`whichis a 371 of PCT/US2009/039754 04/07/2009
`whichclaims benefit of 61/123,265 04/07/2008
`
`page 1 of 4
`
`Bose Exhibit 1002 - Page 350
`Bose Exhibit 1002 - Page 350
`
`
`
`Foreign Applications for which priority is claimed (You may beeligible to benefit from the Patent Prosecution
`Highway program at the USPTO. Please see http:/Avww.uspto.gov for more information.) - None.
`Foreign application information must be provided in an Application Data Sheetin order to constitute a claim to
`foreign priority. See 37 CFR 1.55 and 1.76.
`
`Permission to Access Application via Priority Document Exchange: Yes
`
`Permission to Access Search Results: Yes
`
`Applicant may provide or rescind an authorization for access using Form PTO/SB/39 or Form PTO/SB/69 as
`appropriate.
`
`If Required, Foreign Filing License Granted: 04/18/2019
`The country code and number of your priority application, to be used for filing abroad under the Paris Convention,
`is US 16/375,879
`Projected Publication Date: 08/01/2019
`Non-Publication Request: No
`Early Publication Request: No
`** SMALL ENTITY **
`Title
`
`SYSTEM WITH WIRELESS EARPHONES
`
`Preliminary Class
`455
`
`Statement under 37 CFR 1.55 or 1.78 for AIA (First Inventor to File) Transition Applications: No
`
`PROTECTING YOUR INVENTION OUTSIDE THE UNITED STATES
`
`Since the rights granted by a U.S. patent extend only throughout the territory of the United States and have no
`effect in a foreign country, an inventor who wishes patent protection in another country must apply for a patent
`in a specific country or in regional patent offices. Applicants may wish to consider the filing of an international
`application under the Patent Cooperation Treaty (PCT). An international (PCT) application generally has the same
`effect as a regular national patent application in each PCT-member country. The PCT process simplifies thefiling
`of patent applications on the same invention in member countries, but does notresult in a grant of "an international
`patent" and doesnot eliminate the need of applicantsto file additional documents and fees in countries where patent
`protection is desired.
`
`Almost every country has its own patent law, and a person desiring a patent in a particular country must make an
`application for patent in that country in accordancewith its particular laws. Since the laws of many countries differ
`in various respects from the patent law of the United States, applicants are advised to seek guidance from specific
`foreign countries to ensure that patent rights are not lost prematurely.
`
`Applicants also are advised that in the case of inventions made in the United States, the Director of the USPTO must
`issue a license before applicants can apply for a patent in a foreign country. Thefiling of a U.S. patent application
`serves as a request for a foreign filing license. The application's filing receipt contains further information and
`guidance asto the status of applicant's license for foreign filing.
`
`page 2 of 4
`
`Bose Exhibit 1002 - Page 351
`Bose Exhibit 1002 - Page 351
`
`
`
`Applicants may wish to consult the USPTO booklet, "General Information Concerning Patents” (specifically, the
`section entitled "Treaties and Foreign Patents") for more information on timeframes and deadlinesfor filing foreign
`patent applications. The guide is available either by contacting the USPTO Contact Center at 800-786-9199, or it
`can be viewed on the USPTO website at http://www.uspto.gov/web/offices/pac/doc/general/index.html.
`
`For information on preventing theft of your intellectual property (patents, trademarks and copyrights), you may wish
`to consult the U.S. Government website, http:/Awww.stopfakes.gov. Part of a Department of Commerceinitiative,
`this website includes self-help "toolkits" giving innovators guidance on howto protectintellectual property in specific
`countries such as China, Korea and Mexico. For questions regarding patent enforcement issues, applicants may
`call the U.S. Governmenthotline at 1-866-999-HALT (1-866-999-4258).
`
`LICENSE FOR FOREIGN FILING UNDER
`
`Title 35, United States Code, Section 184
`
`Title 37, Code of Federal Regulations, 5.11 & 5.15
`
`GRANTED
`
`The applicant has been granted a license under 35 U.S.C. 184, if the phrase "IF REQUIRED, FOREIGN FILING
`LICENSE GRANTED"followed by a date appears on this form. Such licenses are issuedin all applications where
`the conditions for issuance of a license have been met, regardless of whether or not a license may be required as
`set forth in 37 CFR 5.15. The scope andlimitations of this license are set forth in 37 CFR 5.15(a) unless an earlier
`license has been issued under 37 CFR 5.15(b). The license is subject to revocation upon written notification. The
`date indicated is the effective date of the license, unless an earlier license of similar scope has been granted under
`37 CFR 5.13 or 5.14.
`
`This license is to be retained by the licensee and may be usedat any time on or after the effective date thereof unless
`itis revoked. This license is automatically transferred to any related applications(s)filed under 37 CFR 1.53(d). This
`license is not retroactive.
`
`The grantof a license does not in any way lessen the responsibility of a licensee for the security of the subject matter
`as imposed by any Government contract or the provisions of existing laws relating to espionage and the national
`security or the export of technical data. Licensees should apprise themselves of current regulations especially with
`respect to certain countries, of other agencies, particularly the Office of Defense Trade Controls, Department of
`State (with respect to Arms, Munitions and Implements of War (22 GFR 121-128)); the Bureau of Industry and
`Security, Department of Commerce (15 CFR parts 730-774); the Office of Foreign AssetsControl, Department of
`Treasury (31 CFR Parts 500+) and the Departmentof Energy.
`
`NOT GRANTED
`
`No license under 35 U.S.C. 184 has been granted atthis time, if the phrase "IF REQUIRED, FOREIGN FILING
`LIGENSE GRANTED" DOES NOTappear on this form. Applicant maystill petition for a license under 37 CFR 5.12,
`if a license is desired before the expiration of 6 months from thefiling date of the application. If 6 months has lapsed
`from thefiling date of this application and the licensee has not received any indication of a secrecy order under 35
`U.S.C. 181, the licensee may foreign file the application pursuant to 37 CFR 5.15(b).
`
`
`page 3 of 4
`
`Bose Exhibit 1002 - Page 352
`Bose Exhibit 1002 - Page 352
`
`
`
`SelectUSA
`
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