IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Patent of: Michael J. Koss
`U.S. Patent No.:
`10,491,982
`Issue Date:
`November 26, 2019
`Appl. Serial No.: 16/528,701
`Filing Date:
`August 1, 2019
`Title:
`SYSTEM WITH WIRELESS EARPHONES
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`Attorney Docket No.: 50095-0019IP2
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`DECLARATION OF DR. JEREMY COOPERSTOCK
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`Declaration of Dr. Jeremy Cooperstock
`U.S. Patent No. 10,491,982
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`TABLE OF CONTENTS
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`I.
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`INTRODUCTION ......................................................................................... 1
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`II. QUALIFICATIONS ..................................................................................... 2
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`III. BACKGROUND ........................................................................................... 4
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`IV. SUMMARY OF MY OPINIONS ................................................................ 6
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`V. OVERVIEW OF THE ’982 PATENT ........................................................ 6
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`A.
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`B.
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`C.
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`D.
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`Brief Description................................................................................... 7
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`Summary Of The Prosecution History................................................ 13
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`Interpretations of Claim Terms ........................................................... 13
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`Person of Ordinary Skill in the Art ..................................................... 14
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`VI. OVERVIEW OF PRIOR ART .................................................................. 15
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`The Rosener-Hankey-Haupt-Seshadri And Rosener-Hankey-Dyer-
`A.
`Haupt-Seshadri Combinations ...................................................................... 15
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`1. Overview of References ................................................................ 15
`2. Combinations of References ......................................................... 33
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`The Rosener-Hankey-Price/Rosener-Hankey-Dyer-Price
`B.
`Combinations ................................................................................................ 49
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`1. Price .............................................................................................. 49
`2. Combinations With Price .............................................................. 51
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`VII. ANALYSIS OF THE PRIOR ART ........................................................... 54
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`The Rosener-Hankey-Haupt-Seshadri and Rosener-Hankey-Dyer-
`A.
`Haupt-Seshadri Combinations Make Claims 6, 8, 10, 11 Obvious .............. 54
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`1. Overview of Claims 1, 4, and 5 .................................................... 54
`2. Claims 6 And 11 ........................................................................... 84
`3. Claims 8 And 10 ........................................................................... 94
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`The Rosener-Hankey-Haupt-Seshadri-Price And Rosener-Hankey-
`B.
`Dyer-Haupt-Seshadri-Price Combinations Make Claims 7, 9, 12, And 13
`Obvious ......................................................................................................... 97
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`1. Claims 7, 9, 12, And 13 ................................................................ 97
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`VIII. LEGAL PRINCIPLES ............................................................................. 100
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`A.
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`Perspective of One of Ordinary Skill in the Art ............................... 100
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`B. Anticipation ...................................................................................... 100
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`C. Obviousness ...................................................................................... 101
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`ADDITIONAL REMARKS................................................................................ 103
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`Declaration of Dr. Jeremy Cooperstock
`U.S. Patent No. 10,491,982
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`1.
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`I.
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`2.
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`I, Jeremy Cooperstock, of Montreal, Canada, declare that:
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`INTRODUCTION
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`I have been retained by Fish & Richardson, P.C., on behalf of Apple
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`Inc. (“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
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`whether certain references teach or suggest the features recited in Claims 1-5, and
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`14-20 of U.S. Patent No. 10,491,982 (“the ’982 patent”) (APPLE-1001). My
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`opinions and the bases for my opinions are set forth below. My opinions are based
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`on my 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 the
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`above fields; and my experience of working with others involved in 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 basis,
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`for all tasks involved. My compensation is not dependent on the outcome of these
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`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
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`Engineering at McGill University. My curriculum vitae is provided as Appendix
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`A.
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`7.
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`I received my B.Sc. in Electrical Engineering from the University of
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`British Columbia, my M.Sc. in Computer Science from the University of Toronto
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`in 1992, and my Ph.D. in Electrical and Computer Engineering from the University
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`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 McGill,
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`which focuses on computer mediation to facilitate high-fidelity human
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`communication and the synthesis of perceptually engaging, multimodal, immersive
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`environments. I led the development of the Intelligent Classroom, the world's first
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`Internet streaming demonstrations of Dolby Digital 5.1, multiple simultaneous
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`streams of uncompressed high-definition video, a high-fidelity orchestra rehearsal
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`simulator, a simulation environment that renders graphic, audio, and vibrotactile
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`effects in response to footsteps, and a mobile game treatment for amblyopia.
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`9. My work on the Ultra-Videoconferencing system was recognized by
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`an award for Most Innovative Use of New Technology from ACM/IEEE
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`Supercomputing and a Distinction Award from the Audio Engineering Society.
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`The research I supervised on the Autour project earned the Hochhausen Research
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`Award from the Canadian National Institute for the Blind and an Impact Award
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`from the Canadian Internet Registry Association, and my Real-Time Emergency
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`Response project won the Gold Prize (brainstorm round) of the Mozilla Ignite
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`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 Computer
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`Science Laboratory in Tokyo, Japan, and was a visiting professor at Bang &
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`Olufsen, Denmark, where I conducted research on telepresence technologies as
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`part of the World Opera Project. I led the theme of Enabling Technologies for a
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`Networks of Centres of Excellence on Graphics, Animation, and New Media
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`(GRAND) and I am an associate editor of the Journal of the AES.
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`11.
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`I have carried out significant research involving network
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`communication protocols, including wireless communication employing IEEE
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`802.11 (WiFi) and IEEE 802.15 (Bluetooth). My experience in these areas
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`includes development of the Adaptive File Distribution Protocol (AFDP, 1995),
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`analysis of the tradeoffs between bandwidth, power demands, and latency for audio
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`streaming over WiFi, Bluetooth, and ultra-wideband protocols (2007), and
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`assessment of the performance and scalability of wireless audio streaming for
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`applications requiring latency-optimized multimedia streaming (2008). I have led
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`all aspects of development and experimentation in the Autour project (2009-2016),
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`for which Bluetooth is typically used as a communication layer for audio between
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`the user’s smartphone and a wireless headset, or, experimentally, to transmit user
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`input acquired from a wireless game controller. I am currently leading a research
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`project (MIMIC), which communicates sensor data between two coupled
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`smartwatches using Bluetooth for local communication between the smartwatches
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`and their peered smartphones, and the public Internet between the smartphones. I
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`am also leading a project that uses both Bluetooth and WiFi communication
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`between smartphones, a GPU-based physics engine, and a microelectronics
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`architecture that renders vibrotactile effects on mobile footwear.
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`12. My experience in academic and practical situations as well as my
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`hands on experience with wireless communication systems such as Bluetooth
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`systems provides me with an appreciation of the technology involved with U.S.
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`Patent No. 10,491,982 (“the ’982 patent” or APPLE-1001).
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`III. BACKGROUND
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`13.
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`I have reviewed the ’982 patent and relevant excerpts of the
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`prosecution history of the ’982 patent (“the Prosecution History” or APPLE-1002).
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`The ’982 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-1001, Face.
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`While I am not opining on whether the ’982 patent is entitled to this priority date,
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`for purposes of this declaration and to review and apply prior art references only, I
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`am using April 7, 2008 as the purported priority date (“Critical Date”).
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`14.
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`I have reviewed the following references:
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`• U.S. Pat. App. Pub. No. 2008/0076489 (“Rosener”) (APPLE-
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`1004)
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`• U.S. Pat. App. Pub. No. 2008/0166001 (“Hankey”) (APPLE-
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`1005)
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`• U.S. Pat. No. 8,031,900 (“Dyer”) (APPLE-1006)
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`• U.S. Pat. App. No. 60,879,177 (“Hankey Provisional”) (APPLE-
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`1008)
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`• U.S. Pat. App. Pub. No. 2006/0026304 (“Price”) (APPLE-1009)
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`• Certified Translation of WO 2006/042749 (“Haupt”) (APPLE-
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`1020)
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`• U.S. Pat. App. Pub. No. 2006/0166716 to Seshadri et al.
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`(“Seshadri”) (APPLE-1022)
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`• U.S. Pat. App. No. 2005/0037818 to Seshadri et al. (“Seshadri-
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`818”) (APPLE-1023)
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`15. Counsel has informed me that I should consider these materials
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`through the lens of a person of ordinary skill in the art (“POSITA,” which is
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`discussed further in Section V.D below) related to the ’982 patent at the time of the
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`earliest purported priority date of the ’982 patent, and I have done so during my
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`review of these materials. Unless otherwise stated, my testimony below refers to
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`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 above.
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`To summarize, I have concluded that:
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`• Claims 6, 8, 10, and 11 are obvious over Rosener, Hankey, Haupt, and
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`Seshadri
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`• Claims 6, 8, 10, and 11 are obvious over Rosener, Hankey, Dyer,
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`Haupt, and Seshadri
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`• Claims 7, 9, 12, and 13 are obvious over Rosener, Hankey, Haupt,
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`Seshadri, and Price
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`• Claims 7, 9, 12, and 13 are obvious over Rosener, Hankey, Dyer,
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`Haupt, Seshadri, and Price
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`V. OVERVIEW OF THE ’982 PATENT
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`17.
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`I have reviewed the ’982 patent, titled “System with Wireless
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`Earphones.” APPLE-1001, 1:1. The ’982 patent includes 20 claims, of which
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`claim 1 is independent. APPLE-1001, 18:7-40.
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`A. Brief Description
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`18. The ’982 patent relates to wireless earphones that receive streaming
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`audio data over a network. APPLE-1001, 2:7-27. Figure 3 (reproduced below)
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`shows components of earphone 10. Earphone 10 includes transceiver circuit 100
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`and peripheral components, such as power source 102, microphone 104, one or
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`more acoustic transducers 106, and antenna 108. Id., 6:34-60. Earphone 10 also
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`includes a body housing transceiver circuit 100 and some or all of peripheral
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`components. Id.
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`APPLE-1001, Figure 3
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`19. The ’982 patent describes a wireless data communication system.
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`Figures 1A and 1B (reproduced below) show examples of wireless earphones 10
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`that are insertable into a user’s ear canal. APPLE-1001, 3:20-46.
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`APPLE-1001, Figures 1A and 1B
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`20. Earphone 10 includes body 12 with ear canal portion 14 insertable
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`into a user’s ear canal. APPLE-1001, 3:20-46. Exterior portion 15 of body 12
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`includes knob 16, which operates as a user control for adjusting shape of ear canal
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`portion 14 to assist with positioning within a user’s ear. Id.
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`21. The ’982 patent describes a wireless data communication system
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`including earphone 10. Figure 2A (reproduced below) shows one example with
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`data source 20 communicating with earphone 10 via ad hoc wireless network 24.
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`Id., 4:30-46.
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`APPLE-1001, Figure 2A
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`22. Earphone 10 communicates wirelessly with data source 20 using a
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`transceiver circuit with wireless network adapter 22 for wirelessly transmitting
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`digital audio. Id. Data source 20 can be a digital audio player (DAP) (e.g., mp3
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`player, laptop, personal computer). Id. Wireless network adapter 22 can include a
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`wireless network interface card (WNIC) to allow streaming of digital audio files
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`via ad hoc wireless network 24. Id., 4:47-62.
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`23. Figure 2B (reproduced below) shows an example with data source 20
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`communicating with earphone 10 via access point 32.
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`APPLE-1001, Figure 2B
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`24. This example can be used when earphone 10 and data source 20 are
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`out of range for ad hoc wireless network 24. Id., 5:16-33. Access point 32 is
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`connected to wired and/or wireless data communication network 33 to permit
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`communications using a network data protocol (e.g., Wi-Fi protocol) to provide
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`wireless local area network (WLAN) 30. Id., 5:34-56. Figure 2C (reproduced
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`below) shows a configuration with multiple access points 32a-b.
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`APPLE-1001, Figure 2C
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`25.
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`In this example, data source 20 communicates wirelessly with access
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`point 32b and earphone communicates with access point 32a of the same wireless
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`network 30 using WLAN 30. Id., 5:34-56.
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`26. Figure 2D (reproduced below) shows an example with data source 20
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`communicating with earphone 10 when no common infrastructure wireless
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`network is available.
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`APPLE-1001, Figure 2D
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`27.
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`In this example, earphone 10 communicates with access point 32a for
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`first WLAN 30a in range of earphone 10. Id., 5:57-6:8. Host server 40 is
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`connected to WLAN 30a via electronic data communication network 42, such as
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`the Internet. Id. In one example, host server 40 transmits streaming digital audio
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`via networks 33a, 42 to earphone 10. Id. In another example, host server 40
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`transmits to earphone 10 a network address (e.g., Internet Protocol (IP) address) for
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`streaming digital audio content server 70 on network 42. Id. Earphone 10 can use
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`the IP address to connect to streaming digital audio content server 70 via networks
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`30a, 42 to receive and process digital audio. Id.
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`B.
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`Summary Of The Prosecution History
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`28. The ‘982 patent was filed on August 1, 2019, claiming priority
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`through a chain of applications to a provisional application filed on April 7, 2008.
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`See APPLE-1001, 1-2. In an examiner initiated telephonic interview on September
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`12, 2019, the examiner requested a terminal disclaimer, which the applicant filed
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`on September 16, 2019. Id., 17, 45-49. On September 24, 2019, the examiner
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`issued a Notice of Allowance, and the patent issued on November 26, 2019. Id., 8-
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`16, 2.
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`C.
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`Interpretations of Claim Terms
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`29.
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`I understand that, for purposes of my analysis in this inter partes
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`review 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
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`by one of ordinary skill in the art and the prosecution history pertaining to the
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`patent.” 37 C.F.R. § 42.100(b). In that regard, I understand that the best indicator
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`of claim meaning is its usage in the context of the patent specification as
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`understood by a POSITA. I further understand that the words of the claims should
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`be given their plain meaning unless that meaning is inconsistent with the patent
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`specification or the patent’s history of examination before the Patent Office. I also
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`understand that the words of the claims should be interpreted as they would have
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`been interpreted by a POSITA at the time of the invention was made (not today).
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`Because I do not know at what date the invention as claimed was made, if ever, I
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`have used the Critical Date of the ’982 patent as the point in time for claim
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`interpretation purposes. My opinion does not change if the invention date is
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`earlier.
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`D.
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`Person of Ordinary Skill in the Art
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`30. Based upon my experience in this area and taking into account the
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`above references, a person of ordinary skill in the art at the time of the ’982
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`patent’s Critical Date (“POSITA”) would have had at least a Bachelor’s Degree in
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`an academic area emphasizing electrical engineering, computer science, or a
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`similar discipline, and at least two years of experience in wireless communications
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`across short distance or local area networks. Superior education could compensate
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`for a deficiency in work experience, and vice-versa.
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`31.
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`I base this characterization of a POSITA in view of my professional,
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`academic, and personal experiences, including my knowledge of colleagues and
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`others at the time of the invention of the ‘982 patent on or shortly before the
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`Critical Date. Specifically, my experience working with industry, undergraduate
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`and post-graduate students, colleagues from academia, and designers and engineers
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`practicing in industry has allowed me to become directly and personally familiar
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`with the level of skill of individuals and the general state of the art. I am familiar
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`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
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`A. The Rosener-Hankey-Haupt-Seshadri And Rosener-
`Hankey-Dyer-Haupt-Seshadri Combinations
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`1. Overview of References
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` Rosener
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`32. Rosener describes wireless systems with physically and electrically-
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`separated “data sinks.” APPLE-1004, Abstract. The data sinks include a wireless
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`communication device, e.g., radio frequency (RF) receiver or transceiver, allowing
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`communications with an external device, such as a cellular telephone. Id. Rosener
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`describes that data sinks can be “audio data sinks,” and provides various examples
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`such as “left-ear and right-ear earphones (e.g., earbuds or canalphones), left-ear
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`and right-ear circum-aural over-the-ear headphones, stereo speakers, speakers for a
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`surround sound system, etc.” Id., [0011]. Figure 5 (reproduced below) shows an
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`example of an embodiment with audio data sinks as left-ear and right-ear
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`earphones.
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`APPLE-1004, Figure 5
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`33. The wireless system shown above is worn by a user 500 and includes
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`“first and second wireless earphones 502, 504.” APPLE-1004, [0030]. Each of
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`earphones 502, 504 includes a respective “housing” containing components, such
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`as “a speaker, an RF receiver or transceiver and a battery.” Id. Rosener also
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`describes that each audio data sink included in a pair of audio data sinks (e.g.,
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`earphones 502, 504) can also include a microphone to “allow [] data to be sent
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`back to an electronic device.” Id., [0056]. Earphones 502, 504 also use “wireless
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`links” to communicate with external or audio devices, e.g., “cellular telephone,
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`PDA, MP3 player, CD player, radio, personal computer, game console, etc.” Id.
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`34. Earphones 502, 504 can be configured to fit in a user’s ear in various
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`ways. As examples, earphones 502, 504 can be an “earbud” that “fit[s] into the
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`concha of the pinna of the user,” a “canalphone” that is “fitted within the ear canal
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`of the user’s ear,” or an “over-the-ear circum-aural type headphone,” or “any other
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`suitable configuration that may be attached to, worn on, or fitted within the user’s
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`ear.” Id. Earphones 502, 504 can also include securing mechanisms, such as a
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`“clip” or an “earloop,” to improve the manner in which earphones 502, 504 are
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`secured to a user’s ear when worn. Id.
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`35. Rosener describes electronic circuitry used to enable data sinks (and
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`earphones) to transmit wireless data signals. Figure 9 (reproduced below) shows
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`an “RF transceiver 900” that may be used in place of distinct RF transmitters and
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`RF receivers to enable wireless connectivity. Id., [0049].
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`APPLE-1004, Figure 9
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`36. Transceiver 900 includes RF transmitter portion 902, RF receiver
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`portion 904, antenna 906, and duplexer 908. APPLE-1004, [0049]. Transceiver
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`900 also includes analog-to-digital (A/D) converter 910, digital-to-analog (D/A)
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`converter 912, baseband processor 914, and signal conditioning circuits 916, 920.
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`Id.
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`37. Rosener also describes wireless systems with earphones capable of
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`receiving separate data streams (or channels) from an external audio device.
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`APPLE-1004, [0031]. Figure 6 (reproduced below) shows a wireless system 600.
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`APPLE-1004, Figure 6
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`38. As shown above, the system 600 includes a data source 618 that sends
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`two different audio streams (CH1 and CH2) to data sinks 602, 606 (which, together
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`with the receivers 604 and 608, can correspond to earphones 502, 5041) through
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`1 Rosener uses the term “data sink” to refer to earphones as well as speakers of
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`those earphones. When citing to Rosener’s disclosure, this analysis clarifies the
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`intended meaning of the term. The earphones 502 and 504 include “data sinks” in
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`that they receive, i.e., sink, data over the wireless access links. Similarly, the
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`circuitry inside each earphone 502 and 504 represented by data sinks 602 and 606,
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`respectively, are also “data sinks” in that they receive, i.e., sink, data received from
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`separate wireless communication links 612 and 616. APPLE-1004, [0031]-[0032].
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`The data source 618 is capable of streaming data to the earphones through
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`Bluetooth communication links. Id., [0035].
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`39. Rosener also provides several methods to synchronize the first and
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`second wireless links 612 and 616 to “compensate for differential latencies
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`between the first and second data streams” to enable stereo playback. APPLE-
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`1004, [0039]. Importantly, these techniques do not require any direct
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`communication from one earphone to the other and each earphone is capable of
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`operating independently from the other. In one method, Rosener includes data
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`buffers in the RF receivers 604, 608 and controls “the buffers so that they maintain
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`a predetermined constant occupancy.” Id. In another method, Rosener embeds
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`into the RF carrier signals that carry the first and second data streams over the
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`wireless links 612 and 616 a sample clock used by the transmitting end of the
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`system 600. Id., [0040]. The receivers 604, 608 use the sample clock to drive their
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`A/D converters. Id. In yet another method, Rosener adjusts the clock signals used
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`by the receivers’ A/D converters based on the occupancy of the data buffers or a
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`receivers 604 and 608, respectively. Data sinks 602 and 606 may be, for example,
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`
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`speakers. APPLE-1004, [0011], [0038].
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`20
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`delay determined between the send and receive clocks of the system. Id., [0041]-
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`[0042]. “Accordingly, if the occupancy of a data buffer of one of the first and
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`second RF receivers 604, 608 is too low (or the receive clock/sample clock delay is
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`decreasing), the A/D clock is slowed down,” and “if it is determined that the
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`occupancy of the data buffer is too high (or the delay is increasing), the A/D clock
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`is sped up.” Id.
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` Hankey
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`40. Hankey provides techniques to implement a headset within “a small
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`compact unit” capable of wirelessly communicating with an external host device
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`through a Bluetooth connection. APPLE-1005, [0093], [0103]; APPLE-1008,
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`[0011], [0093], [0148]-[0150]. To integrate electronic components/assemblies
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`(e.g., connectors, microphone, speaker, antenna) into the limited volume of a small
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`headset, Hankey divides the headset’s electronic components/assemblies “into
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`small multiple [groups of] components that can be positioned at different locations
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`(discretely) within the headset.” APPLE-1005, [0098]; APPLE-1008, [0011],
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`[0093], [0144]-[0150]. Hankey then places such small groups of components into
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`the headset and electrically couples them together by using flexible electrical
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`connectors that “can be folded into a small compact form in order to fit inside
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`tightly spaced internal volumes.” Id., [0098]-[0099]; APPLE-1008, [0144]-[0150].
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`41. Hankey also provides example configurations of how a headset’s
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`electronic assemblies can be divided into multiple small groups of components that
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`are electrically coupled together by flexible connectors. For instance, in FIGs. 1
`
`and 5 Hankey shows block diagrams of a headset 10/500 divided into two sections:
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`earbud 12/520, and primary housing 11/510. See APPLE-1005, FIGs. 20A-C;
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`APPLE-1008, FIGs. 1, 10A-C, [0011]. Hankey then divides the headset’s
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`electronic components/assemblies between earbud 12/520 and primary housing
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`11/510. For example, Hankey places components such as a processor 20/526 and a
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`speaker 13 inside the earbud 12/520, and components such as a microphone 17/514
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`inside primary housing 11/510. APPLE-1005, [0130]-[0131]; APPLE-1008,
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`[0090]-[0093]. Hankey uses flexible circuit boards 522 and 512 to mount the
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`electrical components inside earbud 520 and primary housing 510, respectively.
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`Id.; APPLE-1008, [0144]-[0150]. The flexibility of the circuit boards allow them
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`to fold or bend, and “fit in smaller or less traditionally-shaped earbuds.” Id. By
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`implementing Hankey’s technique of dividing the electronic assemblies into small
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`groups of components and coupling them together through flexible electrical
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`connectors, Hankey discloses ways to fit and arrange electronic components within
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`headsets, like Hankey’s headset and Rosener’s earphones, that have small form
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`factors.
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`Right: APPLE-1005, Figure 1; Left: Id., Figure 5
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`42. Hankey’s FIGs. 10A and 20A-C provide an example headset
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`1000/2000 designed according to Hankey’s techniques. APPLE-1005, [0143]-
`
`[0144], [0202]-[0204]; APPLE-1008, FIGs. 1A, 10A-C, [0148]-[0150]. Headset
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`1000/2000 includes an earbud 1020/2014 connected to a primary housing
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`1010/2010 through a neck 1030/2013. Id. Earbud 1020/2014 contains a flexible
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`circuit board 2020 connecting small groups of components mounted on rigid
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`sections 2025 and 2027 to each other. Id. A processor 2022 and a receiver 2024
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`are mounted on section 2027, and resistors, capacitors, transistors, etc. (2026) are
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`mounted on section 2025. Id. By using flexible circuit board 2020, top rigid
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`section 2027 is folded over bottom rigid section 2025 “so that both sections can fit
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`in the earbud of a headset.” Id. Primary housing circuit board 2011, on which
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`further electrical components (e.g., a microphone) are mounted, is electrically
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`coupled to flexible circuit board 2021 through flexible connectors such as wires,
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`cables, or flexible circuit boards. Id.; APPLE-1005, [0147]-[0149], [0157];
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`APPLE-1008, [0092]-[0095], [0103].
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`
`
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`Top: APPLE-1005, Figure 10A, APPLE-1008, Figure 1A; Bottom Left:
`APPLE-1005, Figure 20C, APPLE-1008, Figure 10C; Bottom Right:
`APPLE-1005, Figure 20A (annotated with label 2024), APPLE-1008, Figure
`10A
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`I understand that Hankey was filed June 28, 2007 and includes a
`
`43.
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`
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`priority claim to U.S. Provisional Pat. No. 60/879,177, (“’177 Provisional”)
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`(APPLE-1008). APPLE-1005. The ’177 Provisional was filed on January 6, 2007.
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`APPLE-1008, p. 31. Counsel has informed me that a patent is entitled to claim
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`priority to a previously filed provisional application if the previously filed
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`provisional application described the invention claimed in the patent with
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`sufficient detail that would have led a POSITA to conclude that the inventor of the
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`’177 Provisional had possession of the invention claimed in Hankey. Based on this
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`understanding, the ’177 Provisional satisfies this requirement since its disclosure
`
`provides sufficient detail that would have led a POSITA to conclude that the
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`inventor of the ’177 Provisional had possession of the invention claimed in Hankey
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`(APPLE-1005) at the time of filing of the ’177 Provisional, i.e., January 6, 2007.
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`For example, below is a table identifying descriptions in the ’177 Provisional that
`
`provide support for claim 1 of Hankey. APPLE-1005, pp. 28-29. In my opinion,
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`therefore, Hankey is entitled to the benefit of its provisional filing date, i.e., the
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`January 6, 2007 filing date of the ’177 Provisional.
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`Claim 1 of Hankey (APPLE-1005,
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`Supporting Description in
`
`pp. 2-29)
`
`the ’177 Provisional
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`An electronic device comprising:
`
`APPLE-1008, FIGs. 1A,
`
`
`
` a housing;
`
`
`40A, [0089], [0205].
`
`Id., FIGs. 1A, 40A, [0089]-
`
`[0090], [0205].
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`a connector assembly coupled to the
`
`Id., FIGs. 40A, [0089]-
`
`housing, the connector assembly comprising
`
`[0090], [0205]-[0207]
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`Claim 1 of Hankey (APPLE-1005,
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`Supporting Description in
`
`pp. 2-29)
`
`the ’177 Provisional
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`a microphone port;
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`a microphone mounted within the housing;
`
`Id., [0208]
`
`and
`
`a channel that fluidically couples the
`
`Id., [0209]-[0212], FIGs. 41-
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`microphone to the microphone port.
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`44
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` Dyer
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`44. Dyer discloses implementation details of a canalphone-type earphone
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`including an eartip “designed to provide both a tight and comfortable fit within the
`
`user’s ear canal.” APPLE-1006, FIG. 1, 3:4-6, 4:37-39. The eartip is “attachable
`
`to a standard generic earphone.” APPLE-1006, 1:10-11 and 2:21-24. The
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`attachment can be “for example through the use of interlocking members (e.g.,
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`channel/lip arrangement).” Id., 2:21-24.
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`45. Dyer’s Figure 1 (reproduced below) illustrates an example
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`canalphone-type earphone (or simply “canalphone”) 100. Id., 3:4-6. Canalphone
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`100 includes a “[s]ound delivery member 111 [that] is designed to fit within the
`
`outer ear canal of the user.” Id., 3:26-28. Sound delivery member 111 is attached
`
`to an earphone enclosure 115. Id., 3:57-66. Earphone enclosure 115 protects “any
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`required earphone circuitry” of canalphone 100 from damage. Id., 3:58-61.
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`“Attached to the end portion of sound delivery member 111 … is an eartip 121.”
`
`Id., 4:4-14.
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`
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`APPLE-1006, Figure 1
`
` Haupt2
`
`46. Haupt describes a “WLAN headphones” to which data (e.g., audio
`
`data) can be wirelessly transmitted from a “server and/or server service.” APPLE-
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`1020, 2:22-4:2. This involves “establishing a connection between the headphones
`
`or receiver and a server and/or server service that supports the client
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`2 Citations to APPLE-1020 refer to the certified English translation and in the form
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`
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`of Page:Line1-Line2.
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`functionalities.” Id. The data is “transferred from the access point to the
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`headphones or receiver via a WLAN interface (e.g., IEEE 802.11).” Id., 2:22-3:7.
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`When the headphone is within transmission range of the access point, a connection
`
`is made to the server through the access point, which permits the headphones to
`
`wirelessly receive data (e.g., audio data) from the server. Id., see also id., 10:7-
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`12:14.
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`47. Haupt describes connectivity between the headphones and the server
`
`enabling “authorized access to [a user’s] own audio data” so that it is “not
`
`necessarily essential for a data medium to physically possess” the audio data, for
`
`instance, locally on a playback device. Id., 3:9-15. For example, a user can pay a
`
`fee to have audio d