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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`SAMSUNG ELECTRONICS CO., LTD.,
`SAMSUNG ELECTRONICS AMERICA, INC.,
`
`Petitioners
`v.
`ZOPHONOS INC.,
`Patent Owner
`
`Case IPR2026-00083
`U.S. Patent No. 10,656,906
`
`DECLARATION OF CHRIS KYRIAKAKIS, PH.D.
`IN SUPPORT OF PETITION FOR INTER PARTES REVIEW
`OF U.S. PATENT NO. 10,656,906
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`Exhibit 1002
`Page 001 of 131
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`IPR2026-00083
`U.S. Patent No. 10,656,906
`i
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`TABLE OF CONTENTS
`I. INTRODUCTION ........................................................................................... 1
`II. BACKGROUND AND QUALIFICATIONS ................................................. 1
`A. Relevant Academic Experience ............................................................ 2
`B. Relevant Professional Experience ......................................................... 4
`III. MATERIALS REVIEWED ............................................................................ 7
`IV. LEVEL OF ORDINARY SKILL IN THE ART ........................................... 10
`V. RELEVANT LEGAL STANDARDS ........................................................... 11
`VI. SUMMARY OF OPINIONS ......................................................................... 17
`VII. OVERVIEW OF THE ’906 PATENT .......................................................... 17
`A. The Specification ................................................................................. 17
`B. Prosecution History ............................................................................. 20
`1. The ’906 Patent ......................................................................... 20
`C. The Claims .......................................................................................... 21
`VIII. OVERVIEW OF THE PRIOR ART ............................................................. 28
`A. DiCenso641 (Ex. 1005) ....................................................................... 33
`B. Smith (Ex. 1006) .................................................................................. 35
`IX. CLAIM CONSTRUCTION .......................................................................... 37
`X. SPECIFIC GROUNDS FOR CHALLENGE ................................................ 38
`A. Ground 1A: DiCenso641 and Smith Render Obvious Claims 1,
`4-11, and 13-20 .................................................................................... 39
`1. Claim 1 ...................................................................................... 39
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`a. “A system comprising:” .................................................. 39
`b. “an audio control source;” .............................................. 39
`c. “at least one cluster of at least one computing
`device,” ........................................................................... 42
`d. “the at least one computing device including: a
`sound sensing mechanism, configured to sense a
`noise; and a wireless transceiver, configured to
`wirelessly transmit and receive data from the audio
`control source;” ............................................................... 46
`
`(i) “sound sensing mechanism, configured to sense a
`noise” .............................................................................. 46
`(ii) “a wireless transceiver, configured to wirelessly
`transmit and receive data from the audio control source;”
` 47
`e. “at least one output device, including: a power
`source for operating the output device; a speaker for
`outputting sound; and a communication
`mechanism, for receiving electronic information
`from the audio control source; and” ............................... 49
`
`(i) “a power source for operating the output device;” .. 50
`(ii) “a speaker for outputting sound; and” .................... 53
`(iii) “a communication mechanism, for receiving
`electronic information from the audio control source;
`and” 54
`f. “the audio control source, in electronic
`communication the at least one cluster and the at
`least one output device, the audio control source
`including:” ...................................................................... 57
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`g. “a memory, containing computer-executable
`instructions for connecting to the at least one
`cluster, and varying an out put of the at least one
`output device, providing an interface; and” ................... 58
`
`h. “a processor, for executing the computer-executable
`instructions, wherein the computer-executable
`instructions include:” ...................................................... 62
`
`(i) “identifying one or more sounds within the noise;” 63
`(ii) “isolating the one or more sounds;” ....................... 64
`(iii) “determining if one or more of the one or more
`sounds includes a frequency outside of a predetermined
`threshold;” ....................................................................... 67
`(iv) “if one or more of the one or more sounds includes
`the frequency outside of the predetermined threshold,
`altering the one or more of the one or more sounds so
`that the frequency does not fall outside of the
`predetermined threshold; and”........................................ 73
`
`(v) “outputting the one or more sounds on the at least
`one output device.” ......................................................... 74
`2. Claim 4 ...................................................................................... 75
`a. “The system as recited in claim 1, wherein the
`sound-sensing mechanism is selected from the
`group consisting of: an ultrasonic transducer; an
`infrasonic transducer: and a microwave transducer.”
` ........................................................................................ 75
`
`3. Claim 5 ...................................................................................... 78
`a. “The system as recited in claim 4, wherein the
`sensed noise includes infrasonic or ultrasonic
`soundwaves.” .................................................................. 78
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`4. Claim 6 ...................................................................................... 79
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`a. “The system as recited in claim 1, wherein the
`predetermined threshold equates to a frequency
`determined to pose a risk of harm to a user’s hearing
`capabilities.” ................................................................... 79
`
`5. Claim 7 ...................................................................................... 80
`a. “The system as recited in claim 1, wherein the
`computer-executable instructions further include: if
`one or more of the one or more sounds includes the
`frequency outside of the predetermined threshold,
`notifying a user, via a notification, that one or more
`of the one or more sounds includes the frequency
`outside of the predetermined threshold.” ........................ 80
`
`6. Claim 8 ...................................................................................... 84
`a. “The system as recited in claim 1, wherein the
`computer-executable instructions further include
`steps selected from the group consisting of: panning
`the sensed noise; and equalizing the sensed noise.” ....... 84
`
`7. Claim 9 ...................................................................................... 89
`a. “The system as recited in claim 1, further
`comprising: an in-ear device, wherein an audio
`output of the in-ear device auto-adjusts based on
`signal energy sensed within a cluster or surrounding
`clusters.” ......................................................................... 89
`
`8. Claim 10 .................................................................................... 92
`a. “The system as recited in claim 1, wherein the
`altering the one or more of the one or more sounds
`so that the frequency does not fall outside of the
`predetermined threshold is performed
`automatically.” ................................................................ 92
`
`9. Claim 11 .................................................................................... 94
`a. “A method of altering sensed noise prior to
`outputting the sensed noise, comprising:” ...................... 94
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`b. “providing at least one audio control source;” ............... 96
`c. “providing at least one cluster of at least one
`computing device,” ......................................................... 96
`d. “the at least one computing device including: a
`sound sensing mechanism, configured to sense a
`noise; a wireless transceiver, configured to
`wirelessly transmit and receive data from the audio
`control source” ................................................................ 96
`
`(i) “a sound sensing mechanism, configured to sense a
`noise;” ............................................................................. 96
`(ii) “a wireless transceiver, configured to wirelessly
`transmit and receive data from the audio control source;”
` 97
`e. “at least one output device, including: a power
`source for operating the output device; a speaker for
`outputting sound; and a communication
`mechanism, for receiving electronic information
`from the audio control source; and” ............................... 97
`
`(i) “a power source for operating the output device;” .. 99
`(ii) “a speaker for outputting sound; and” .................... 99
`(iii) “a communication mechanism, for receiving
`electronic information from the audio control source;
`and” 99
`
`f. “the audio control source, in electronic
`communication the at least one cluster and the at
`least one output device, the audio control source
`including:” ....................................................................100
`
`g. “a memory, containing computer-executable
`instructions for connecting to the at least one
`cluster, and varying an out put of the at least one
`output device, providing an interface; and” .................100
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`h. “a processor, for executing the computer-executable
`instructions;” .................................................................101
`(i) “identifying one or more sounds within the noise;”
` 101
`(ii) “isolating the one or more sounds;” .....................101
`(iii) “determining if one or more of the one or more
`sounds includes a frequency outside of a predetermined
`threshold;” .....................................................................101
`(iv) “if one or more of the one or more sounds includes
`the frequency outside of the predetermined threshold,
`altering the one or more of the one or more sounds so
`that the frequency does not fall outside of the
`predetermined threshold; and”......................................101
`(v) “outputting the one or more sounds on the at least
`one output device.” .......................................................102
`10. Claim 13 ..................................................................................102
`a. “The method as recited in claim 11, wherein the
`sound-sensing mechanism is selected from the
`group consisting of: an omnidirectional transducer;
`an ultrasonic transducer; an infrasonic transducer;
`an electro-optical transducer; and a microwave
`transducer.” ...................................................................102
`
`11. Claim 14 ..................................................................................102
`a. “The method as recited in claim 13, wherein the
`sensed noise includes infrasonic, ultrasonic, visible,
`or radio waves.” ............................................................102
`
`12. Claim 15 ..................................................................................102
`a. “The method as recited in claim 11, wherein the
`predetermined threshold equates to a frequency
`determined to pose a risk of harm to a user’s hearing
`capabilities.” .................................................................102
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`13. Claim 16 ..................................................................................103
`a. “The method as recited in claim 11, further
`comprising: if one or more of the one or more
`sounds includes the frequency outside of the
`predetermined threshold, notifying a user, via a
`notification, that one or more of the one or more
`sounds includes the frequency outside of the
`predetermined threshold.” ............................................103
`
`14. Claim 17 ..................................................................................103
`a. “The method as recited in claim 11, further
`comprising: panning the sensed noise.” .......................103
`
`15. Claim 18 ..................................................................................103
`a. “The method as recited in claim 11, further
`comprising: adding one or more audio effects to the
`sensed noise.” ...............................................................103
`
`16. Claim 19 ..................................................................................105
`a. “The method as recited in claim 11, further
`comprising: equalizing the sensed noise.” ....................105
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`17. Claim 20 ..................................................................................105
`a. “The method as recited in claim 11, wherein the
`altering the one or more of the one or more sounds
`so that the frequency does not fall outside of the
`predetermined threshold is performed
`automatically.” ..............................................................105
`
`B. Ground 1B: DiCenso641, Smith, and Holland Render Obvious
`Claims 2 and 12 .................................................................................105
`1. Claim 2 ....................................................................................105
`a. “The system as recited in claim 1, further
`comprising: an interfacing mechanism, the
`interfacing mechanism including:” ...............................105
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`b. “a network adapter, configured to transmit and
`receive electronic information through both wired
`and wireless communication; and” ...............................106
`
`c. “at least one input mechanism, configured to:” ...........110
`d. “manipulate the interfacing mechanism; and” .............111
`e. “vary the output of the at least one output device.” .....111
`2. Claim 12 ..................................................................................112
`a. “The method as recited in claim 11, wherein the at
`least one computing device further includes: an
`interfacing mechanism, the interfacing mechanism
`including: a network adapter, configured to transmit
`and receive electronic information through both
`wired and wireless communication; and at least one
`input mechanism, configured to: manipulate the
`interfacing mechanism; and vary the output of the
`at least one output device.” ...........................................112
`
`C. Ground 1C: DiCenso641, Smith, and Warren Render Obvious
`Claim 3 ..............................................................................................114
`1. Claim 3 ....................................................................................114
`a. “The system as recited in claim 1, wherein the
`sound-sensing mechanism is an omnidirectional
`transducer.” ...................................................................114
`
`D. Ground 2A: DiCenso641, Goldstein873,, and Smith Render
`Obvious Claims 1, 4-11, and 13-20 ..................................................117
`E. Ground 2B: DiCenso641, Goldstein873, Smith, and Holland
`Render Obvious Claims 2 and 12 ......................................................121
`F. Ground 2C: DiCenso641, Goldstein873, Smith, and Warren
`Render Obvious Claim 3 ...................................................................121
`XI. SECONDARY CONSIDERATIONS .........................................................121
`XII. CONCLUSION ............................................................................................121
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`IPR2026-00083
`U.S. Patent No. 10,656,906
`1
`I, Chris Kyriakakis, declare that:
`I. INTRODUCTION
`1. I have been retained by Samsung El ectronics Co., Ltd. and Samsung
`Electronics America, Inc. (together “Sam sung”) (collectively “Petitioners”) as an
`independent expert consultant in this proceeding before the United States Patent and
`Trademark Office (“USPTO”).
`2. I am being compensated at a rate of $525/hour for my services in this
`proceeding, which is my regular and customary rate.
`3. My compensation is in no way contingent on the nature of my findings,
`the presentation of my findings in testimony, or the outcome of this or any other
`proceeding. I have no other interest in this proceeding.
`4. I have been asked to consider whether certain references disclose or
`suggest the features recited in the clai ms of U.S. Patent No. 10,656,906 (“the ’906
`patent”) (Ex. 1001).1 My opinions are set forth below.
`II. BACKGROUND AND QUALIFICATIONS
`5. I am an independent consultant. All of my opinions stated in this
`declaration are based on my own personal knowledge and professional judgment. In
`
`1 Where appropriate, I refer to exhibits I understand will be attached to the petition
`for inter partes review of the ’906 patent (the “Petition”).
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`forming my opinions, I have relied on my education, experi ence, and knowledge
`regarding electrical engineering, computer science, and audio and acoustic sciences.
`6. I am over 18 years of age and, if I am called upon to do so, I would be
`competent to testify as to the matters set forth herein. A copy of my current
`curriculum vitae, which details my e ducation and professional and academic
`experience, as well as a list of publications I have authored in the past ten years, is
`included as Ex. 1003 in this proceeding. The following provides an overview of
`some of my experience that is relevant to the matters set forth in this declaration.
`A. Relevant Academic Experience
`7. I earned my Bachelor of Science degree in Engineering and Applied
`Science from the California Institute of Technology (Caltech) in 1985. I received my
`Master of Science degree in Electrical Engineering in 1987 and my Ph.D. in
`Electrical Engineering in 1993, both from the University of Southern California
`(USC).
`8. Since 2002, I have been a tenured Associate Professor in the Electrical
`Engineering Department at USC. My resear ch interests lie at the intersection of
`acoustics, psychoacoustics (the science that studies human perception of sound), and
`audio signal processing. My recent resear ch has focused on the study of audio
`systems in challenging environments including automobiles and mobile devices, as
`well as algorithms for enha ncing the performance of voice recognition engines.
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`Another focus of my research has b een on the perception of loudness by human
`listeners. Specifically, I developed algorithms to automatically adjust the frequency
`response (EQ) and dynamic range of audi o content to match the needs of human
`hearing. I have published nearly 100 t echnical papers, including several peer
`reviewed papers. I ha ve published a book entitled Immersive Audio Signal
`Processing, and hold several patents in acoustic measur ement of loudspeakers in
`rooms and cars, loudspeaker crossover optimization, and loudspeaker response
`correction using signal processing. My publications examine various aspects of
`sound measurement, how sound interacts with the acoustical elements of the
`environment, novel methods for surround sound recording and reproduction, and the
`perception of sound by human listeners.
`9. A focus of my research has been the study of microphone arrays for
`applications in enhanced far field voice recognition. This includes methods for
`Direction of Arrival finding and beam forming from linear and circular microphone
`arrays. I have also investigated met hods for noise remova l and reverberation
`reduction from microphone signals. In addition, I have worked on methods for echo
`cancellation for applications in wear able devices. Previous work includes
`loudspeakers and how they interact with their acoustical environment. In particular,
`I have researched the role of sound refl ections, absorption, and diffusion in the
`performance of loudspeakers. I have also published several t echnical papers on
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`acoustical measurement methods in room s and device enclosures and developed
`novel signal processing algorithms for optimizing sound system performance. Other
`topics I have researched include multichannel audio acquis ition and rendering,
`virtual microphones and virtual speakers, hybrid headphone-loudspeaker rendering
`methods, and advanced signal processi ng techniques for optimizing sound quality
`from small portable devices.
`B. Relevant Professional Experience
`10. I am the founding Director of th e USC Immersive Audio Laboratory
`with facilities for experimental work in room acoustics, multichannel audio, and
`psychoacoustics. This laboratory also serves as a unique teaching facility for my
`undergraduate course in Acoustics of Real and Virtual Spaces and my graduate
`course in Spatial Audio Acoustics and Psychoacoustics. Both courses have a major
`acoustics component that examines the in teraction of sound with the acoustical
`environment (e.g., home, movie theater, headphones, car). The graduate course was
`developed through a two-year grant I received from the National Science Foundation
`entitled “Collaborative Learning in Engineering Using Immersive Environments,”
`and was the first of its kind to assess th e impact of audio immersion in student
`learning. In addition to the courses I teac h, I have also supervised and served on
`Ph.D. dissertation committees for more than 30 students.
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`11. In 2019, I joined Syng as the Chief Audio Scientist. Syng creates
`innovative products for next generation spatial audio and my role there includes
`research and development of audio algorithms for sound capture using microphone
`arrays to measure the acoustics of the room and loudspeaker beamforming for
`rendering sound in various directions.
`12. From 2003 to 2018, I was the co-founder and Chief Technology Officer
`of Audyssey Laboratories, a USC spin-off company that develops and licenses audio
`technology to leading automotive, professional and consumer electronic companies
`around the world. A major project that I led and worked on was focused on the
`measurement and characteri zation of in-ear and over ear earbuds and headphones.
`This work included the development of methods for measuring earbuds and
`headphones using a mannequin with artificial ears and, in particular, methods for
`testing for proper seal prior to taking acous tical measurements. It also included the
`use of ear canal microphone s and comparisons of the in-ear microphone response
`with a reference microphone in the room. A database of over 500 in-ear earbuds and
`headphones was created using these methods. The acoustical correction filters that
`were generated for each headphone were implemented as an embedded solution that
`could run on DSP processors in mobile devices and laptop computers.
`13. I also developed audio algorithms and designed speakers. These
`speakers were novel acoustical designs that used a combination of unique
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`enclosures, and audio signal processing to optimize their performance and overcome
`limitations that arise from small drivers and enclosures. For example, we used signal
`processing technologies combined with novel acoustical design to extend the bass
`response of small woofers and passive radiators beyond what was previously
`possible in small speaker enclosures. The innovations in these designs have received
`awards, including Popular Science’s “Best of What’s New.”
`14. In April 2018 I was elected as Senior Member of the Institute of
`Electrical and Electronic Engineers (IEEE) in recognition of my contributions to the
`field of engineering. I am also a member of the Audio Engineering Society (AES),
`an association for professionals in the audio industry.
`15. In 2006, I received a World Technology Network Award. This
`organization presents awards to innovators in several areas in which technology can
`foster a paradigm change. My award was for innovations in immersive audio that
`enable new capabilities in media and journalism. Other award recipients at that event
`included Vice President Al Gore, Google, and Space-X. In addition, my work has
`been featured in multiple news articles, including pieces by The Atlantic, the BBC
`World Service, the New York Times, and National Public Radio.
`16. In the late 1990s and early 2000s, I was a faculty researcher and later
`Deputy Director of the National Science F oundation’s engineering research center
`established at USC. I was studying the fundamental and technological limitations of
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`immersive audio and the role of acoustic s on the performance of loudspeakers and
`audio systems in homes and cars. In 2003, together with one of my graduate students,
`I received the award for Best Paper at the IEEE Conference on Signals, Systems and
`Computers.
`III. MATERIALS REVIEWED
`17. The opinions contained in this declaration are based on the documents
`I reviewed, my professional judgment, as well as my education, experience, and
`knowledge regarding electrical engineeri ng, computer science, and audio and
`acoustic sciences.
`18. In forming my opinions expressed in this declaration, I reviewed the
`following materials:
` the ’906 patent (Ex. 1001);
` the file history of the ’906 patent (Ex. 1004);
` U.S. Patent Application Publication 2015/0195641 (“ DiCenso641”)
`(Ex. 1005);
` U.S. Patent Application Publication 2014/0254842 (“ Smith”)
`(Ex. 1006);
` U.S. Patent Application Publication 2014/0337902 (“ Holland”)
`(Ex. 1007);
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` U.S. Patent Application Publication 2008/0031481 (“ Warren”)
`(Ex. 1008);
` U.S. Patent Application P ublication 2008/0137873 (“ Goldstein873”)
`(Ex. 1010);
` U.S. Patent Application Publication 2005/0058181 (“ Lyle”)
`(Ex. 1012);
` C. Wiernicki and W. Karoly, “U ltrasound: Biological Effects and
`Industrial Hygiene Concerns,” Am . Ind. Hyg. Assoc. J., 46:488–496
`(1985) (“Wiernicki”) (Ex. 1013);
` U.S. Patent Application Publication 2011/0058056 (“ Lindahl”)
`(Ex. 1014);
` Excerpts from Microsoft Computer Dictionary (5th ed. 2002)
`(“Computer Dictionary”) (Ex. 1016);
` Excerpts from Robert Oshana, “DSP Software Development
`Techniques Embedded and Real -Time Systems” (2006) (“ Oshana”)
`(Ex. 1017);
` Excerpts from Thomas D. Rossing, Richard F. Moore, and Paul A.
`Wheeler, “The Science of Sound” (3rd ed. 2002) (“ Rossing”)
`(Ex. 1018);
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` U.S. Patent Application Publication 2013/0003998 (“ Kirkeby”) (Ex.
`1019);
` U.S. Patent Application Publication 2015/0371643 (“ Ramo”) (Ex.
`1020);
` U.S. Patent 8,767,970 (“Eppolito”) (Ex. 1021);
` U.S. Patent 7,970,144 (“Avendano”) (Ex. 1022); and
`any other materials I refer to in this declaration in support of my opinions.
`19. All of the opinions contained in this declaration are based on the
`documents I reviewed and my knowledge and professional judgment. My opinions
`have also been guided by my appreciation of how a person of ordinary skill in the
`art would have understood the claims and the specification of the ’906 patent at the
`time of the alleged invention, which I have been asked to consider as no earlier than
`September 23, 2014 (the fi ling date of U.S. Provisional Patent Application
`62/054,286). My opinions reflect how one of ordinary skill in the art would have
`understood the ’906 patent, the prior art to the patent, and the state of the art at the
`time of the alleged invention.
`20. Based on my experience and expertise, it is my opinion that certain
`references disclose and/or suggest all the features recited in claims 1-20 (“challenged
`claims”) of the ’906 patent, as I discuss in detail below.
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`IV. LEVEL OF ORDINARY SKILL IN THE ART
`21. I have been informed and understand that, in the context of an invalidity
`analysis, a person having ordinary skill in the art is a hypothetical person who looks
`to prior art at the time of the invention. I further understand that the factors that may
`be considered in determining the level of ordinary skill include: (1) the problems
`encountered in the art; (2) the prior art solutions to the problems encountered in the
`art; (3) the rapidity of innovation; (4) the sophistication of the technology; and (5)
`the education level of active workers in the field. I understand that these factors need
`not all be considered for the analysis and that one or more of these factors may
`control.
`22. I was asked to provide my opinion on the level of one of ordinary skill
`in the art with respect to the alleged invention of the ’906 patent as of September 23,
`2014. Based on my consideration of the f actors above, I believ e a person having
`ordinary skill in the art would have had a Bachelor of Science (or equivalent) in
`electrical engineering, computer science, audio engineering, or a similar field and at
`least two years of experience in the design of digital audio systems and associated
`signal processing in hearing instruments such as earphones, hearing aids, and/or
`hearing protectors. Persons of ordinary skill in the art could have also obtained
`similar knowledge and experience through other means.
`Exhibit 1002
`Page 019 of 131
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`IPR2026-00083
`U.S. Patent No. 10,656,906
`11
`23. As of September 23, 2014, I met, and in fact exceeded, the
`qualifications of a person of ordinary skill in the art. To be clear, all of my opinions
`in this declaration are from the perspective of one of ordinary skill in the art as I
`have defined it here during the relevant timeframe.
`V. RELEVANT LEGAL STANDARDS
`24. I am not an attorney and offer no le gal opinions, but in the course of
`my work, I have had experi ence studying and analyzing patents and patent claims
`from the perspective of a person skilled in the art.
`25. For the purposes of this declaration, I have been informed about certain
`aspects of the law that are relevant to forming my opinions. My understanding of the
`law is as follows.
`26. Petitioners’ counsel has informed me that a published nonprovisional
`application is entitled to claim priority to the filing date of its provisional application
`(as opposed to the filing date of the published non-provisional application) if (1) the
`provisional application discloses the portions of the published non-provisional
`application relied upon as prior art, and (2) at least one claim of the published non-
`provisional claim is supported by the prov isional application, i.e., the provisional
`application must disclose the subject ma tter of the claim and enable a person of
`ordinary skill in the art to make and use the claim.
`Exhibit 1002
`Page 020 of 131
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`IPR2026-00083
`U.S. Patent No. 10,656,906
`12
`27. Petitioners’ counsel has informed me that for the prior art to inherently
`disclose a claimed limitation, the prior art need not expressly disclose the limitation,
`so long as the claimed limitation necessarily flows from a disclosure in the prior art.
`I also understand that it is acceptable to examine evidence outside the prior art
`reference (extrinsic evidence) in determining whether a feature, while not expressly
`discussed in the reference, is necessarily present in that reference.
`28. Petitioners’ counsel has informed me that a patent claim can be
`considered t