`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`UNITED STATES DEPARTMENT OF COMMERCE
`Unified Slates Eaton! and Trademark Office
`Adan-us: COMMISSIONER FOR PATIENTS
`P0. Bo: I450
`Alexandtia. Virginia lull-use
`m‘usptngnv
`
`10636310
`
`0 ”0312003
`
`David A. Monroe
`
`I2 I 8 I 1.0001042
`
`B448
`
`7590
`
`mm
`
`Robert C Curfiss
`JACKSON WALKER L.L.P.
`112 E. PecanStreet.Suite2100
`San Antonio, TX 78205
`
`pomvwa, JOSEPH R
`
`'
`
`2522
`DATE MAILE D: 081099005
`
`Please find below andfor attached an Office communication concerning this application or proceeding.
`
`PTO-Doc (Rev_1om3)
`
`1
`
`E-Watch, Inc
`Exhibit 2003
`Petitioner - Iron Dome LLC
`
`|PR2014-00439
`
`Patent Owner - E-Watch Inc
`
`

`

`Application/Control Number: 10/336,470
`Art Unit: 2622
`
`Page 2
`
`DETAILED ACTION
`
`Response to Amendment
`
`1.
`
`Applicant's amendments were received on 5/20/05 and SIZIOS, and have been entered and
`
`made of record. Currently, claims 1-4, 7-9, 12, 13, 18-20, 22-30, and 35-62 are pending.
`
`Response to Affidavit under 37 CFR I. 131
`
`2.
`
`The affidavit filed on 1/6/05 under 3'? CFR 1.131 is sufficient to overcome the cited
`
`references of Wertsberger (U.S. Patent Number 6,072,600), Pamlski er al. (U.S. Patent Number
`
`5,666,159), Shibata et a1. (U.S. Patent Number 5,689,300), and Bradley et al. (U.S. Patent
`
`Number 5,995,041).
`
`3.
`
`However, the affidavit is ineffective to overcome the references of Hassan et at. (U.S.
`
`Patent Number 5,550,646) and Ross (U.S. Patent Number 5,546,194).
`
`4.
`
`These two references, as well as the additional references that are noted in this Office
`
`action, are cited under 35 U.S.C. 102(1)), which is a statutory bar under 35 U.S.C. 102(b), and
`
`thus cannot be overcome by an affidavit or declaration under 37 CFR 1.131.
`
`Drawings
`
`5.
`
`The drawings were received on 51201105. These drawings are unacceptable by the
`
`examiner. The replacement sheets that were submitted are unreadable, as many of the lines and
`
`lettering within the drawings are faded and blurred due to numerous copies of the images.
`
`Therefore, the objection to the drawings remains, and will be repeated hereinbelow.
`
`

`

`Application/Control Number: 10l336,470
`Art Unit: 2622
`
`Page 3
`
`6.
`
`The drawings are objected to as failing to comply with 3'? CFR 1.84(p)(4) because
`
`reference character “81” has been used to designate both the hardwired personal computer in Fig.
`
`4 and the data multiplexer circuit in Fig. 5, and reference character "83" has been used to
`
`designate both the communications interface module in Fig. 4 and the sync signal in Fig. 5.
`
`7.
`
`The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they
`
`do not include the following reference sign(s) mentioned in the description: reference numeral
`
`“29”, in paragraph 0049, line 18.
`
`8.
`
`The drawings are objected to because in Fig. 4, PC modem protocol box “66” should read
`
`“68", as read in paragraph 0053, lines 20 and 21.
`
`9.
`
`Corrected drawing sheets in compliance with 3'? CFR 1.121(d) are required in reply to
`
`the Office action to avoid abandonment of the application. Any amended replacement drawing
`
`sheet should include all of the figures appearing on the immediate prior version of the sheet,
`
`even if only one figure is being amended. The figure or figure number of an amended drawing
`
`should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure
`
`must be removed from the replacement sheet, and where necessary, the remaining figures must
`
`be renumbered and appropriate changes made to the brief description of the several views of the
`
`drawings for consistency. Additional replacement sheets may be necessary to show the
`
`renumbering of the remaining figures. The replacement sheet(s) should be labeled “Replacement
`
`Sheet” in the page header (as per 37 CFR l.84(c)) so as not to obstruct any portion of the
`
`drawing figures. If the changes are not accepted by the examiner, the applicant will be notified
`
`and informed of any required corrective action in the next Office action. The objection to the
`
`drawings will not be held in abeyance.
`
`

`

`Application/Control Number: 10,836,470
`Art Unit: 2622
`
`Page 4
`
`Response to Arguments
`
`10.
`
`Applicant's arguments filed 5f2/05, with respect to the reference of Hassan et at, which
`
`was cited in the Ofiice action dated 9i27i’04 as anticipating claim 1, have been fully considered
`
`but they are not persuasive.
`
`In response to applicant’s arguments dated SIZIOS regarding the rejection of independent
`
`claim 1, wherein applicant argues on pages 16 and 17 that Hassan fails to teach of how using a
`
`cellular line is implemented, thus failing to teach of “a self-contained image processing
`
`system. . .for capturing a visual image and transmitting it to a remote receiving station ...a
`
`processor ...a communications device. .
`
`. adapted for transmitting the data signal to the remote
`
`receiving station and a wireless transmission system between the communications device and the
`
`compatible receiving station”.
`
`As read in column 2, lines 49-54, Hassan states that “the image capture device can be
`
`connected or gain access to a telecommunications network, such as by being connected to an
`
`ordinary telephone jack 130 by a telephone line 131, or being connected to a cellular telephone
`
`arranged to establish an over the air communications link.” With this, Hassan teaches that the
`
`image capture device 110, seen in Fig. 1, can be connected to a cellular telephone, instead of the
`
`ordinary telephone line and telephone jack seen in Fig. 1. Thus, an “air communications link” of
`
`the cellular telephone is being interpreted as “a wireless transmission system between the
`
`communication 5 device and the compatible receiving station”, as currently required in claim 1.
`
`Further, as read in column 5, lines 7-9, Hassan teaches that “the output of fax modem 240 may
`
`be applied as an input to the transmitter section of a cellular telephone”. This shows how Hassan
`
`implements the cellular network for the system
`
`

`

`ApplicationfControl Number: 10133 6,470
`
`Art Unit: 2622
`
`'
`
`Page 5
`
`1 1.
`
`Therefore, the rejection of independent claim 1, as well as the corresponding dependent
`
`claims, as cited in the Office action dated 9l27i04, under 35U.S.C.102(b), as being anticipated by
`
`Hassan et (11., is maintained and repeated in this Office action.
`
`Claim Objections
`
`12.
`
`Claims 44 and 56 are objected to because of the following informalities:
`
`In claim 4'4, line 3, “the operator” should read “an operator", as an operator is not
`
`previously introduced;
`
`in claim 56, line 2, “image capture device” should read “electronic camera”; and
`
`in line 3, “the operator” should read “an operator”.
`
`Appropriate correction is required.
`
`Claim Rejea‘ions - 35 USC § 112
`
`13.
`
`The following is a quotation of the first paragraph of 3S U.S.C. 1 12:
`
`The specification shall contain a written description of the invention, and of the manner and process of making
`and using it, in such firll, clear, concise, and exact terms as to enable any person skilled in the art to which it
`penains, or with which it is most nearly connected, to make and use the same and shall set forth the best mode
`contemplated by the inventor of carrying out his invention.
`
`14.
`
`Claims 46, 47, 58, and 59 are rejected under 35 U.S.C. 112, first paragraph, as failing to
`
`comply with the written description requirement. The claim(s) contains subject matter which
`
`was not described in the specification in such a way as to reasonably convey to one skilled in the
`
`relevant art that the inventor(s), at the time the application was filed, had possession of the
`
`claimed invention. Particularly, the newly added limitations requiring “the display is adapted for
`
`viewing such incoming alpha numeric messages” and “the display is adapted for viewing such
`
`

`

`Application/Control Number: 10!336,470
`Art Unit: 2622
`
`Page 6
`
`incoming data signals”, whereby the incoming alphanumeric messages and the incoming data
`
`signals are received from a remote station, are features that were not described in the
`
`specification, as originally written.
`
`15.
`
`The following is a quotation of the second paragraph of 35 U.S.C. 112:
`
`The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the
`subject matter which the applicant regards as his invention.
`
`16.
`
`Claims 49 and 61 are rejected under 35 U.S.C. 112, second paragraph, as being
`
`indefinite for failing to particularly point out and distinctly claim the subject matter which
`
`applicant regards as the invention.
`
`17.
`
`Regarding claims 49 and 61, the phrase "such as" in line 4 of both claims renders the
`
`claims indefinite because it is unclear whether the limitations following the phrase are part of the
`
`claimed invention. See MPEP § 2173.05(d).
`
`Claim Rejections - 35 USC § 1'02
`
`18.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the
`
`basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(b) the invention was patented or described in a printed publication in this or a foreign country or in public use or on
`sale in this country, more than one year prior to the date of application for patent in the United States.
`
`19.
`
`Claims 1, 2, 4, 7-9, 12, 23-27, 30, 35, and 36 are rejected under 35 U.S.C. 102(b) as
`
`being anticipated by Hassan et al. (US. Patent Number 5,550,646, cited in the Office action
`
`dated 9:27:04).
`
`

`

`ApplicationfControl Number: 10836370
`Art Unit: 2622
`
`Page 7
`
`Regarding daim I, Hassan discloses a self-contained image processing system (device
`
`110 in Figs. I and 2) for capturing a visual image and transmitting it to a remote receiving station
`
`(see abstract, column 1, lines 47 through 52, column 2, lines 43 through 61, and column 3, lines
`
`10 through 20), with the system comprising an image capture device (CCD 203, column 3, lines
`
`21 through 67), a processor (microcontroller 205) for generating a data signal representing the
`
`image (column 3, lines 21 through 67), a communications device (facsimile interface 219)
`
`adapted for transmitting the data signal to the remote receiving station (column 4, line 65 through
`
`column 5, line 9), and a wireless transmission system between the communications device and
`
`the compatible receiving station (column 2, lines 4 through 54, and column 3, lines 10 through
`
`20, with the fax modem 240, being “applied as an input to the transmitter section of a cellular
`
`telephone”, as read in column 5, lines 7 through 9).
`
`Regarding claim 2, Hassan discloses the system discussed above in claim 1, and further
`
`teaches of a memory for receiving and storing the data signal (RAM 207), and wherein the
`
`communications device is adapted for recalling the stored data signal from memory (column 4,
`lines 24 through 64).
`
`Regarding claim 4, Hassan discloses the system discussed above in claim I, and further
`
`teaches of the image capture device is an analog camera (lens assembly 201 on a CCD 203) for
`
`generating an analog image signal (column 3, lines 21 through 67), and there is finther included
`
`an analog to digital converter for converting the analog image signal to a digital signal (column
`
`3, line 47 through column 4, line 67).
`
`

`

`ApplicationfControl Number: 10f336,470
`Art Unit: 2622
`
`Page 8
`
`Regarding claim 7, Hassan discloses the system discussed above in claim I, and further
`
`teaches of an integrated wireless telephone associated with the communications device (column
`
`2, lines 4 through 54).
`
`Regarding claim 8, Hassan discloses the system discussed above in claim 1, and further
`
`teaches of a housing for housing all of the elements of the system in an integrated body (column
`
`2, lines 39 through 66).
`
`Regarding claim 9, Hassan discloses the system discussed above in claim 1, and fiirther
`
`teaches that the image capture device is a digital camera (column 2, lines 39 through 6?, and
`
`column 3, lines 21 through 46).
`
`Regarding claim 12, Hassan discloses the system discussed above in claim 1, and further
`
`teaches that the processor is adapted for generating a signal in any of a plurality of selected
`
`protocols and wherein the communications device is adapted for transmitting the signal in the
`
`proper protocol to a remote, compatible receiving station (column 4, line 65 through column 5,
`
`line 10).
`
`Regarding claim 23, Hassan discloses the system discussed above in claim 1, and further
`
`teaches of a data processor for creating a text data signal associated with the image data signal
`
`(column 4, lines 19 through 64).
`
`Regarding claim 24, Hassan discloses the system discussed above in claim 23, and
`
`further teaches of an input device for providing text data to the data processor (keypad 211,
`
`column 4, lines I through 64).
`
`Regarding claim 25, Hassan discloses the system discussed above in claim 24, and
`
`further teaches that the input device is user controlled (column 4, lines 1 through 64).
`
`

`

`Application/Control Number: 10i336,470
`
`Art Unit: 2622
`
`Page 9
`
`Regarding claim 26, Hassan discloses the system discussed above in claim 25, and
`
`further teaches that the user controlled input device is an integral keyboard (keypad 21 1, column
`
`4, lines 1 through 18).
`
`Regarding claim 27, Hassan discloses the system discussed above in claim 24, and
`
`further teaches that the input device comprises a real time clock (column 4, lines 24 through 42).
`
`Regarding claim 30, Hassan discloses the system discussed above in claim 2, and further
`
`teaches that the image data signal is stored in a compressed format (column 3, lines 47 through
`
`54).
`
`Regarding claim 35, Hassan discloses the system discussed above in claim 1, and further
`
`teaches that the remote receiving station is a digital device and the image data is digital (column
`
`2, line 45 through column 3, line 33, and column 4, line 65 through column 5, line 9).
`
`Regarding ciaim 36, Hassan discloses the system discussed above in claim 1, and further
`
`teaches of a self-contained power source for powering the system (column 5, lines 23 through
`
`25).
`
`20.
`
`Claims 1, 22, and 36-42 are rejected under 35 U.S.C. 102(b) as being anticipated by
`
`Hannorl et al. (US. Patent Number 4,688,244).
`
`Regarding claim 1, Harmon discloses a self-contained image processing system (security
`
`module 30, seen in Figs. 1 and 2) for capturing a visual image and transmitting it to a remote
`
`receiving station (column 6, lines 14-58), with the system comprising an image capture device
`
`(camera unit 84, column 7, lines 45-68), a processor for generating a data signal representing the
`
`image (column 7, lines 3-68), a communications device (real-time automatic dial cellular
`
`

`

`ApplicatiomControl Number: 10f336,470
`
`Art Unit: 2622
`
`Page 10
`
`telephone/modem unit 68) adapted for transmitting the data signal to the remote receiving station
`
`(column 6, lines 28-58, and column 10, lines 52-56), and a wireless transmission system between
`
`the communications device and the compatible receiving station (column 6, lines 28-58, and
`
`column 9, lines 60-66).
`
`Regarding claim 22, Harmon discloses the system discussed above in claim 1, and fiirther
`
`teaches of an audio signal capture device adapted for capturing an audio signal in correlation
`
`with the captured video signal (column 7, lines 45-68, and column 9, lines 5-24).
`
`Regarding claim 36, Hannon discloses the system discussed above in claim 1, and fitrther
`
`teaches of a self-contained power source for powering the system (see Fig. 2, column 5, line 59-
`
`column 6, line 14).
`
`Regarding claim 37, Harmon discloses the system discussed above in claim 36, and
`
`further teaches that the communications device is adapted to be used independently of the image
`
`capture device and the processor (column 5, line 59-column 6, line 14), and wherein the power
`
`supply is adapted for isolating the power to the communications device from the power to the
`
`image capture device and processor (column 5, line 59—column 6, line 14).
`
`Regarding claim 38, Harmon discloses the system discussed above in claim 37, and
`
`further teaches of a power initiation device associated with the image capture device and the
`
`processor (column 5, line 59-column 6, line 2), wherein the power to the image capture device
`
`and the processor is off when the initiation device is not activated (column 5, line 59-column 6,
`
`line 2, and column 9, lines 5-24).
`
`

`

`Application/Control Number: 10l336,470
`
`Art Unit: 2622
`
`Page 11
`
`Regarding claim 39, Hannon discloses the system discussed above in claim 38, and
`
`further teaches that the power initiation device is user controlled (column 5, line 48-column 6,
`
`line 58, column 7, lines 1-68, and column 9, lines 5-24).
`
`Regarding claim 40, Hannon discloses the system discussed above in claim 38, and
`
`further teaches of a trigger device for activating the power initiation device (see Fig. 2, column 5,
`
`lines 48-58, column 7, lines 1-11, and column 9, line l-column 10, line 3).
`
`Regarding claim 41‘, Hannon discloses the system discussed above in claim 40, and
`
`further teaches that the trigger device is a timer (column 6, line 66-column 7, line 2, and column
`
`9, lines 5—24).
`
`Regarding claim 42, Harmon discloses the system discussed above in claim 40, and
`
`further teaches that the trigger device is triggered by the presence of an image to be captured
`
`(column 5, lines 48-58, column 7, lines 1—1 1, and column 9, lines 5—24).
`
`21.
`
`Claims 1-3, 23, 24, 28, and 43-62 are rejected under 35 U.S.C. 102(b) as being
`
`anticipated by Collett et al. (US. Patent Number 5,517,683).
`
`Regarding claim I, Collett discloses a self-contained image processing system (see Figs.
`
`1a, 1b, Ta, and 7b) for capturing a visual image and transmitting it to a remote receiving station
`
`(column 8, lines 1-34), with the system comprising an image capture device (micro-camera 126,
`
`column 8, lines 1-19), a processor for generating a data signal representing the image (printed
`
`circuit board 38, column 5, line 25-column 6, line 61,— and column 8, lines 1-19), a
`
`communications device adapted for transmitting the data signal to the remote receiving station
`
`

`

`ApplicationiControl Number: 10i336,470
`
`Art Unit: 2622
`
`Page 12
`
`(column 8, lines 1-34), and a wireless transmission system between the communications device
`
`and the compatible receiving station (column 4, lines 7—3 2, and column 8, lines 1-59).
`
`Regarding claim 2, Collett discloses the system discussed above in claim 1, and further
`
`teaches of a memory for receiving and storing the data signal (column 7, lines 36-67), and
`
`wherein the communications device is adapted for recalling the stored data signal from memory
`
`(column 7, lines EEG-column 8, line 19).
`
`Regarding claim 3, Collett discloses the system discussed above in claim 2, and further
`
`teaches that the memory is a removable RAM (see Fig. 6, PCMCIA card, column 7, line 36-
`
`column 8, line 19) and wherein the system is adapted for selectively charging and discharging
`
`the memory (column 1, line 30-column 2, line 15, and column 4, lines 19-58).
`
`Regarding claim 23, Collett discloses the system discussed above in claim 1, and further
`
`teaches of a data processor for creating a text data signal associated with the image data signal
`
`(column 3, lines 54-column 4, line 32, and column 8, lines 1-11).
`
`Regarding claim 24, Collett discloses the system discussed above in claim 23, and further
`
`teaches of an input device for providing text data to the data processor (column 3, lines 54-
`
`column 4, line 32).
`
`Regarding claim 28, Collett discloses the system discussed above in claim 24, and further
`
`teaches that the input device comprises a global positioning system (column 8, lines 1-11).
`
`Regarding claim 43, Collett discloses a handheld self-contained cellular telephone and
`
`integrated image processing system (see abstract and Figs. 1a, 1b, 7a, and 7b) for both sending
`
`and receiving telephonic audio signals and for capturing a visual image and transmitting it to a
`
`remote receiving station (column 8, lines 1-25), the system comprising a housing (see Figs. la,
`
`

`

`ApplicationfControl Number: 10f336,470
`Art Unit: 2622
`
`Page 13
`
`1b, 7a, and 7b), an image capture device comprising a electronic camera contained within the
`
`housing (column 8, lines 1-2 5), a display for displaying an image framed by the camera (display
`
`panel 14 and LCD screen 124, column 3, lines 54-57, column 8, lines 21-25), a processor
`
`(printed circuit board 38, seen in Figs. 1b-4) in the housing for generating an image data signal
`
`representing the image framed by the camera (video display control electronics, column 8, lines
`
`20-25), a telephonic system in the housing for sending and receiving digitized audio signals and
`
`adapted for sending the image data signal (column 3, lines S4—column 4, line 32, and column 8,
`
`lines 1-25), alphanumeric input keys in the housing for permitting manually input digitized
`
`alphanumeric signals to be input to the processor (column 3, lines S4—column 4, line 32), the
`
`telephonic system being fiirther adapted for sending the digitized alphanumeric signals (column
`
`8, lines 1-1 1), a wireless communications device adapted for transmitting any of the digitized
`
`signals to a compatible remote receiving station (column 8, line 26-column 9, line 55), and a
`
`power supply in the housing for powering the system (column 4, lines 7-18, and column 5, lines
`
`13—25).
`
`Regarding claim 44, Collett discloses the system discussed above in claim 43, and further
`
`teaches of a display for framing the image to be captured by the image capture device and for
`
`displaying the image at the system whereby the operator can view and frame the image prior to
`
`capture (column 8, lines 1-25).
`
`Regarding ctm'm 45, Collett discloses the system dis cussed above in claim 43, and further
`
`teaches that the display is adapted for viewing alphanumeric messages input at the alphanumeric
`
`keys (column 8, lines 1-25).
`
`

`

`ApplicationfControl Number: 10836370
`Art Unit: 2622
`
`Page 14
`
`Regarding claim 46, Collett discloses the system discussed above in claim 43, and further
`
`teaches that the communications system is adapted for receiving incoming alphanumeric
`
`messages from a remote station and wherein the display is adapted for viewing such incoming
`
`alphanumeric messages (column 8, lines 1—25).
`
`Regarding daim 47, Collett discloses the system discussed above in claim 43, and further
`
`teaches that the communications system is adapted for receiving incoming image data signals
`
`and wherein the display is adapted for viewing such incoming image data signals (column 8,
`
`lines 1-25).
`
`Regarding claim 48, Collett discloses the system discussed above in claim 43, and timber
`
`teaches of a removable memory module adapted to be removably housed in the housing for
`
`storing captured image data signals (see Fig. 6, column 7, lines 36-67).
`
`Regarding claim 49, Collett discloses the system discussed above in claim 43, and flirther
`
`teaches that the system is adapted for operating in any combination of three distinct fimctions,
`
`being an audio telephone, a transmitting system for transmitting captured image data signals via
`
`a cellular telephone, and for receiving incoming transmissions such as configuration signals or
`
`incoming image data signals (column 8, lines 1-25).
`
`Regarding claim 50, Collett discloses the system discussed above in claim 49, and further
`
`teaches that the display is adapted for viewing incoming image data signals (column 8, lines 1-
`
`25).
`
`Regarding claim 51, Collett discloses a handheld cellular telephone having an integrated
`
`electronic camera for both sending and receiving telephonic audio signals and for capturing a
`
`visual image (see abstract, Figs. la, lb, 7a, and 7b, and column 8, lines 1-25), converting the
`
`

`

`ApplicationfControl Number: 10f336,470
`
`Art Unit: 2622
`
`Page 15
`
`visual image to a digitized image data signal and transmitting digitized image data signal via a
`
`cellular telephone network, the cellular telephone comprising a housing (see Figs. 1a, 11), 7a, and
`
`7b), a cellular telephone in the housing, the cellular telephone further including a
`
`transmitterfreceiver for transmitting and receiving audio telephone messages over a cellular
`
`network (column 3, lines 54-column 4, line 32, and column 8, lines 1-25), a keypad for entering
`
`manually input alphanumeric signals to be transmitted over the cellular telephone network
`
`(column 3, lines S4-column 4, line 32), and a display window for viewing the manually input
`
`alphanumeric signals (LCD screen 124, column 8, lines 21-25), an electronic camera in the
`
`housing (column 8, lines 1-25), the digitized camera adapted for visually framing a visual image
`
`to be captured and for capturing and digitizing the framed image in a format adapted for
`
`transmission over the cellular network via the cellular telephone (column 8, lines 1-25), an
`
`integrated power supply for powering both the cellular telephone and the camera (column 4,
`
`lines 7-18, and column 5, lines 13-25).
`
`Regarding claim 52, Collett discloses the telephone discussed above in claim 51, and
`
`further teaches of a display window for viewing the alphanumeric signals within the display for
`
`framing the visual image (column 8, lines 1-25).
`
`Regarding claim 53, Collett discloses the telephone discussed above in claim 51, and
`
`further teaches of a memory in the housing for storing the captured framed image (see Fig. 6,
`
`column 7, lines 36-67).
`
`Regarding claim 54', Collett discloses the telephone discussed above in claim 53, and
`
`further teaches that the memory is selectively removable from the housing (see Fig. 6, column 7,
`
`lines 36-67).
`
`

`

`Application/Control Number: 102336370
`Art Unit: 2622
`
`Page 16
`
`Regarding claim 55, Collett discloses a combination of handheld cellular telephone and
`
`electronic camera (see Figs. 1a, lb, 72!, and 7b, column 8, lines 1-25) comprising a housing (see
`
`Figs. la, 1b, 7a, and 7b), a electronic camera in the housing (column 8, lines 1-25), a display in
`
`the housing (LCD screen 124, column 8, lines 21-25), a processor for processing the image
`
`framed by the camera (printed circuit board 38, seen in Figs.
`
`lb—4, via the Video display control
`
`electronics, column 8, lines 20-25), a cellular telephone in the housing and adapted for accepting
`
`and digitizing audio signals to be transmitted and for converting received digitized audio signals
`
`into acoustic audio (column 3, lines S4-column 4, line 32), the cellular telephone further adapted
`
`for transrnitting and receiving non-audio digital signals including digitized image signals
`
`(column 3, lines 54-column 4, line 32, and column 8, lines 1-25), alphanumeric input keys in the
`
`housing for permitting manually input alphanumeric signals to be input into the cellular
`
`telephone (column 3, lines 54-column 4, line 32), the manually input alphanumeric signals being
`
`presented in a display (column 8, lines 1—25), a power supply in the housing for powering the
`
`processor, the cellular telephone, the display and the camera (column 4, lines 7-18, and column
`
`5, lines 13—25), a wireless transmitteri’receiver in the housing for transmitting digital signals sent
`
`from and receiving digital signals sent to the cellular telephone (column 8, line 26—column 9, line
`
`55).
`
`Regarding claim 56, Collett discloses the combination discussed above in claim 55, and
`
`further teaches of a display for framing the image to be captured by the image capture device and
`
`for displaying the image at the system whereby the operator can View and frame the image prior
`
`to capture (column 8, lines 1-25).
`
`

`

`Application/Control Number: 10f336,470
`
`Art Unit: 2622
`
`Page 17
`
`Regarding claim 5 7, Collett discloses the combination discussed above in claim 55, and
`
`further teaches that the display is adapted for viewing alphanumeric messages input at the
`
`alphanumeric input keys (column 8, lines 1-25).
`
`Regarding daim 58, Collett discloses the combination discussed above in claim 55, and
`
`further teaches that the telephone is adapted for receiving incoming alphanumeric messages from
`
`a remote station and wherein the display is adapted for viewing such incoming alphanumeric
`
`messages (column 8, lines 1-25).
`
`Regarding claim 59, Collett discloses the combination discussed above in claim 55, and
`
`further teaches that the telephone is adapted for receiving incoming image data signals and
`
`wherein the display is adapted for viewing such incoming image data signals (column 8, lines 1-
`
`25).
`
`Regarding claim 60, Collett discloses the combination discussed above in claim 55, and
`
`further teaches of a removable memory module adapted to be removably housed in the housing
`
`for storing captured image data signals (see Fig. 6, column 7, lines 36-67).
`
`Regarding claim 61, Collett discloses the combination discussed above in claim 60, and
`
`further teaches of being adapted for operating in any Combination of three distinct functions,
`
`being an audio telephone, a transmitting system for transmitting captured image data signals via
`
`a cellular telephone, and for receiving incoming transmissions such as configuration signals or
`
`incoming image data signals (column 8, lines 1-25).
`
`Regarding claim 62, Collett discloses the combination discussed above in claim 60, and
`
`further teaches that the di5play is adapted for viewing incoming image data signals (column 8,
`
`lines 1-25).
`
`

`

`ApplicationfControl Number: 10f336,470
`Art Unit: 2622
`
`Page 18
`
`Claim Rejedions - 35 USC § 103
`
`22.
`
`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in
`section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are
`such that the subject matter as a whole would have been obvious at the time the invention was made to a person
`having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the
`marmer in which the invention was made.
`
`23.
`
`Claims 13, 18, and 29 are rejected under 35 U.S.C. 103(a) as being unpatentable over
`
`Hassan et at. (US. Patent Number 5,550,646, cited in the Office action dated 9/27f04) in view of
`
`Ross (US. Patent Number 5,546,194, cited in the Office action dated 9f27f04).
`
`Regarding claim 13, Hassan discloses the system discussed above in claim 1, but fails to
`
`expressly disclose if the image capture device is an analog video camera for generating a video
`
`signal.
`
`Ross discloses a self-contained image processing system (see Fig. l) for capturing a
`
`visual image and transmitting it to a remote receiving station, with the system comprising an
`
`image capture device (video camera 10, column 3, lines 4 thrOugh 5), a processor (control system
`
`22 in Fig. 1, or CPU 44 in Fig. 2) for generating a data signal representing the image (column 3,
`
`lines 20 through 29, and column 3, line 63 through column 4, line 20), a communications device
`
`(Group [[1 fax transmitter 20 in Fig. 1, and fax modem 50 in Fig. 2) adapted for transmitting the
`
`data signal to the remote receiving station (column 2, lines 15 through 29, wherein the remote
`
`receiving station is inherently included in the system), and a subprocessor (Group 1]] formatter
`
`18) for generating a Group-111 facsimile compatible signal representing the data signal (column
`
`3, lines 30 through 52). Continuing, Ross teaches that the image capture device is an analog
`
`video camera for generating a video signal (column 3, lines 4 through 9). Further Ross teaches
`
`

`

`Applicationx‘Control Number: 10!336,470
`Art Unit: 2622
`
`Page 19
`
`that the processor comprises a sync detector (sync separator 24, column 3, lines 53 through 62)
`
`and a video address generator (address multiplexer 43, column 4, lines 6 through 11) for
`
`synchronizing the digital signal with the analog signal for defining the beginning and end of the
`
`signal to define a still frame (column 3, lines 20 through 62), a random access memory (RAM
`
`38) for receiving and storing the converted, synchronized signal frame-by—frarne (column 4, lines
`
`3 through 22), a processor routine for converting the signals stored in the memory to a protocol
`
`adapted for transmission (column 4, lines 22 through 36) to a remote, compatible protocol
`
`receiving station (inherently included), and a communications device (FAX modem 50) for
`
`transmitting the signal in the proper protocol to the compatible receiving station (column 5, lines
`
`7 through 16).
`
`Hassan & Ross are combinable because they are from the same field of endeavor, that
`
`being systems that transmit images from a camera to a destination via facsimile transmission. At
`
`the time of the invention, it would have been obvious to a pe