E-Watch, Inc.
`Exhibit 2037
`Petitioner - Iron Dome LLC
`Patent Owner - E-Watch, Inc.
`IPR2014-00439
`
`Page 1 of 12
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`

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`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`10/336,470
`Examine,
`
`MONROE, DAVID A.
`An Uni,
`
`Houshang Safaipour
`
`2625
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE Q MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`- Extensions of time may be available under the provisions of 37 CFR 1.136(3).
`In no event. however. may a reply be timely filed
`.
`after SIX (6) MONTHS from the mailing date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`—
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication. even if timely filed. may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`HE Responsive to communication(s) filed on 29 November 2006.
`
`2b)E] This action is non-final.
`2a)Ij This action is FINAL.
`3)I:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
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`closed in accordance with the practice under Ex parte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims
`
`4)Xl Claim(s) 43-45 48 50-52 54 55 60 and 62 is/are pending in the application.
`
`4a) Of the above c|aim(s) __ is/are withdrawn from consideration.
`
`5)IZ Claim(s) 55 60 and 62 is/are allowed.
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`6) Claim(s) 43-45 48 50-52 and 54 is/are rejected.
`7)[j Claim(s) j is/are objected to.
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`8)I:] Claim(s)
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`are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)I:] The specification is objected to by the Examiner.
`10)I:] The drawing(s) filed on __ is/are:
`a)|___I accepted or b)l:] objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyancef See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`11)Ij The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 u.s.c. § 119
`
`12)[j Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a)I:I All b)l] Some * c)I:] None of:
`‘
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`Certified copies of the priority documents have been received.
`
`Certified copies of the priority documents have been received in Application No. :_
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`Copies of the certified copies of the priority documents have been received in this National Stage
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`application from the International Bureau (PCT Rule 17.2(a)).
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`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) D Notice of References Cited (PTO-892)
`2) C] Notice of Draftsperson’s Patent Drawing Review (PTO—948)
`3) [3 lnforrnation Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mail Date
`.
`U.S. Patent and Trademark Oftice
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`4) D lnterview Summary (PT0-413)
`P3997 N0($)/M3“ Data __ -
`5) CI Notice of Informal Patent Application
`5) C] Other:
`.
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`PTOL-326 (B319 12
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`office Action Summary
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`Part of Paper No./Mail Date 20070303
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`Page 2 of 12
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`

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`Application/Control Number: 10/336,470
`Art Unit: 2625
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`Page 2
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`DETAILED ACTION
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`Continued Examination Under 3 7 CFR 1.114
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`1.
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`A request for continued examination under 37 CFR 1.114, including the fee set forth in
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`37 CFR 1.17(e), was filed in this application after final rejection. Since this application is
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`eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR l.17(e)
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`has been timely paid, the finality of the previous Office action has been withdrawn pursuant to
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`37 CFR 1.114. Applicant's submission filed on 10/02/2006 has been entered.
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`Response to Arguments
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`Applicant argues that Ida does not teach that the selected picture is transmitted to remote
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`station. Examiner respectfully disagrees. Ida’s invention is directed towards “the video phone for
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`transmitting still or moving pictures between one party [transmitting party] and another party
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`[receiving party]” (col. 3, lines 41-43). Ida further discloses that in the conventional art “one
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`party can not select the photographed area arbitrarily while viewing the photographed picture”
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`(col. 4, lines 64-66). Ida overcomes this deficiency and teaches “one party can select the I
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`photographed area while viewing the photographed picture” (col. 5, lines 4-7). Ida discloses that
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`by his invention “both parties are able to talk with each other while viewing each received
`picture” (col. 4, lines 49-56). Col. 4, lines 43-56 describes how the picture received at receiving
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`terminal 5 (storage) is displayed at display unit 12 at one end and transmitted to the display unit
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`12 at the other end (figs. 2 and 3) in order for both parties to view the same picture. For the
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`reason stated the examiner maintains his rejection of the claims over the prior arts.
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`Page 3 of12
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`Page 3 of 12
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`Application/Control Number: 10/336,470
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`Page 3
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`Art Unit: 2625
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`Claim Rejections - 35 USC § 103
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`2.
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`The following is a quotation of 35 U.S.C. 103(a) which forms the basis for all
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`obviousness rejections set forth in this Office action:
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`(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
`. manner in which the invention was made.
`
`3.
`
`Claims 43-45, 48, 50-52, and 54 are rejected under 35 U.S.C. 103(a) as being
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`unpatentable over Kawazu et al. (Japanese Patent Application JP 06-268582, with an English
`
`Abstract, and an English machine translation) in view of Ida et al. (U.S. Patent Number‘
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`5,191,601, cited in the Office action dated 12/16/05).
`
`Regarding claim 43, Kawazu discloses a handheld self-contained cellular telephone and
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`integrated image processing systemboth of which are carried in a common case (see Figs. 2, 5,
`
`and 7-12) for both sending and receiving telephonic audio signals and for capturing a visual
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`image and transmitting it to a compatible remote receiving station (see abstract, and paragraphs
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`0008-0020 of the Detailed Description), the system comprising a housing defining the common
`case (see Figs. 2, 5, and 7-12), an integral image capture device comprising an electronic camera
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`contained within the housing (lens 5, paragraphs 0039-0045 in the Detailed Description), a
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`display (displays 4, paragraph 0011 in the Example), a processor in the housing for_ generating an
`image data signal representing the image framed by the camera (paragraphs 0011-0021), a
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`memory associated with the processor for collecting and storing the image data signal (memory
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`card 17, paragraph 0016-0025 in the Detailed Description), the processor for recalling the image
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`data signal for viewing and transmission (paragraph 0016-0034 in the Detailed Description), a
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`telephonic system in the housing for sending and receiving digitized audio signals and for
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`Page 4 of12
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`Page 4 of 12
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`

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`Application/Control Number: 10/336,470
`Art Unit: 2625
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`-
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`Page 4
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`sending the image data signal (paragraphs 0015-0016 in the Detailed Description), alphanumeric
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`input keys in the housing for pennitting manually input digitized alphanumeric signals to be
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`input to the processor (key group 3, paragraphs 0011, and 0042-0045 in the Detailed
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`Description), the telephonic system further used for sending the digitized alphanumeric signals
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`(paragraphs 0008-0020 of the Detailed Description), a wireless communications device for
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`transmitting any of the digitized signals to a compatible remote receiving station (paragraphs
`0008-0020 ofthe Detailed Description), and a power supply in the housing for powering the
`
`system (cell 9, paragraphs 0041-0048 in the Example).
`
`However Kawazu fails to expressly disclose if the display displays an image framed by
`
`the camera.
`
`Ida discloses a self-contained telephone and integrated image processing system both of
`
`which are carried in a common case (see Fig. 2) for both sending and receiving telephonic audio
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`signals and for capturing a visual image and transmitting it to a compatible remote receiving
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`station (column 3, line 41-colurnn 4, line 19), the system comprising a housing defining a
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`common case (video phone body 20, colunm 5, lines 14-66), an image capture device comprising
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`a electronic camera contained (camera 21, being attached to the video phone unit, as seen in Fig.
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`2, a display for displaying an image framed by the camera (image display 12, colunm 4, lines 5-
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`56), a processor (changeover switch 25) in the housing for generating an image data signal
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`representing the image framed by the camera (column 5, line 36-column 6, line 18), a memory
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`associated with the processor for collecting and storing the image data signal (memory section
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`24, column 5, line 36-column 6, line 30), the processor for recalling the image data signal for
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`viewing and transmission (column 4, lines 5-56, and column 5, lines 50—column 6, line 30), a
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`Page 5 of12
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`Page 5 of 12
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`

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`Application/Control Number: 10/336,470
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`Art Unit: 2625
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`Page 5
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`telephonic system in the housing for sending and receiving digitized audio signals and for
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`sending the image data signal (column 3, line 41-column 4, line 10), and alphanumeric input
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`keys in the housing for permitting manually input digitized alphanumeric signals to be input to
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`the processor (operating keyboard 13, column 5, lines 44-56).
`
`Kawazu & Ida are combinable because they are from the same field of endeavor, being
`
`telephones having cameras for transmitting images over a telephone network. At the time of the
`
`invention, it would have been obvious to a person of ordinary skill in the art to include a display
`
`for displaying an image framed by the camera, as taught by Ida, in the system of Kawazu. The
`
`suggestion/motivation for doing so would have been that Kawazu's system would become more
`
`user-friendly with the addition of Ida's teachings, as a user would be able to view images that
`
`were taken by the camera, as recognized by Ida in column 1, lines 9-column 2, line 39.
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`Therefore, it would have been obvious to combine the teachings of Ida with the system of
`
`Kawazu to obtain the invention as specified in claim 43.
`
`Regarding claim 44, Kawazu and Ida disclose the system discussed above in claim 43,
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`and Ida further teaches that the display for framing the image to be captured bythe image
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`capture device displays the image at the system whereby the image can be viewed and framed
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`prior to capture in the memory (column 4, lines 5-56).
`
`As discussed above, Kawazu & Ida are combinable because they are from the same field
`
`of endeavor, being telephones having cameras for transmitting images. over a telephone network.
`
`At the time of the invention, it would have been obvious to a person of ordinary skill in the art to
`
`include a display for displaying an image framed by the camera, as taught by Ida, in the system
`
`of Kawazu. The suggestion/motivation for doing so would have been that Kawazu's system
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`Page 6 of 12
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`Application/Control Number: 10/336,470
`Art Unit: 2625
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`Page 6
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`would become more user-fiiendly with the addition of Ida's teachings, as a user would be able to
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`view images that were taken by the camera, as recognized by Ida in column 1, lines 9-colurrm 2,
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`line 39. Therefore, it would have been obvious to combine the teachings of Ida with the system
`
`of Kawazu to obtain the invention as specified in claim 44.
`
`Regarding claim 45, Kawazu and Ida disclose the system discussed above in claim 43,
`
`and Ida further teaches that the display is used for viewing alphanumeric messages input at
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`the
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`alphanumerickeys (column 8, lines 1-25).
`As discussed above, Kawazu & Ida are combinable because they are from the same field
`
`of endeavor, being telephones having cameras for transmitting images over a telephone network.
`
`At the time of the invention, it would have been obvious to a person of ordinary skill in the art to
`
`include a display for displaying an image framed by the camera, as taught by Ida, in the system
`
`of Kawazu. The suggestion/motivation for doing so would have been that Kawazu's system
`
`would become more user-friendly with the addition of Ida's teachings, as a user would be able to
`
`view images that were taken by the camera, as recognized by Ida in colunm 1, lines 9-column 2,
`
`line 39. Therefore, it would have been obvious to combine the teachings of Ida with the system
`
`of Kawazu to obtain the invention as specified in claim 45.
`
`Regarding claim 48, Kawazu and Ida disclose the system discussed above in claim 43,
`
`and Kawazu further teaches of a removable memory module in addition to the memory, the
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`removable memory adapted to be removably housed in the housing for storing captured image
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`data signals (memory card 17, paragraph 0016-0025 in the Detailed Description).
`
`Regarding claim 50, Kawazu and Ida disclose the system discussed above in claim 43,
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`Application/Control Number: 10/336,470
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`Art Unit: 2625
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`Page 7
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`‘ and Ida _further teaches that the display is adapted for viewing incoming image data signals
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`(column 4, lines 5-_56).
`
`iAs discussed above, Kawazu & Ida are combinable because they are from the same field
`
`of endeavor, being telephones having cameras for transmitting images over a telephone network.
`
`At the time of the invention, it would have been obvious to a person of ordinary skill in the art to
`
`include a display for displaying an image framed by the camera, as taught by Ida, in the system
`
`of Kawazu. The suggestion/motivation for doing so would have been that Kawazu's system
`
`would become more user-friendly with the addition of Ida's teachings, as a user would be able to
`
`view images that were taken by the camera, as recognized by Ida in column 1, lines 9-colurnn 2,
`
`line 39. Therefore, it would have been obvious to combine the teachings of Ida with the system
`
`of Kawazu to obtain the invention as specified in claim 50.
`
`Regarding claim 51, Kawazu discloses a handheld cellular telephone having an
`
`integrated electronic camera in a common case for both sending and receiving telephonic
`
`audio signals and for capturing a visual image (paragraphs 0008-0020 of the Detailed
`
`Description), converting the visual image to a digitized image data signal and transmitting
`
`digitized image data signal via a cellular telephone network (paragraphs 0008-0045 of the
`
`Detailed Description), the cellular
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`telephone comprising a housing defining the common case (see Figs. 2, 5, and 7-12), a cellular.
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`telephone in the housing, the cellular telephone further including a transmitter/receiver for
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`transmitting and receiving audio telephone messages over a cellular telephone network
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`(paragraphs 0008-0020 of the Detailed Description), a keypad for entering manually input ,
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`alphanumeric signals to be transmitted over the cellular telephone network (key group 3,
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`Application/Control Number: 10/336,470
`Art Unit: 2625
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`Page 8
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`paragraphs 0011, and 0042-0045 in the Detailed Description), and a display window for viewing
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`the manually input alphanumeric signals (displays 4, paragraph 0011 in the Example), an integral
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`electronic camera in the housing ((lens 5, paragraphs 0039-0045 in the Detailed Description), the
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`camera for visually framing a visual image to be captured (paragraphs 0039-0045 in the Detailed
`
`Description), a processor associated with the electronic camera for capturing and digitizing the
`framed image in a format for transmission over the cellular telephone network via the cellular
`
`telephone (paragraphs 0008-0020 of the Detailed Description), a memory associated with the
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`processor for receiving and storing the digitized framed image (memory card 17, paragraph
`
`0016-0025 in the Detailed Description) and transmitting it over a cellular telephone network
`
`(paragraphs 0008-0020 of the Detailed Description), and an integrated power supply for
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`powering both the cellular telephone and the camera (cell 9, paragraphs 0041-0048 in the
`
`Example).
`
`However, Kawazu fails to expressly disclose if the framed image is selectively displayed
`
`in the display window. Ida discloses a telephone having an integrated electronic camera in a
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`common case for both sending and receiving telephonic audio signals and for capturing a visual
`
`image (see Fig. 2), converting the visual image to a digitized image data signal and transmitting
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`digitized image data signal via a telephone network (column 3, line 41-column 4, line 19)," the
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`telephone comprising a housing defining the common case (video phone body 20, column 5,
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`lines 14-66), a keypad for entering manually input alphanumeric signals to be transmitted over
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`the cellular telephone network (operating keyboard 13, column 5, lines 44-56), and a display
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`window for viewing the manually input alphanumeric signals (image display 12, column 4, lines
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`5-56), an electronic camera in the housing, the camera for visually framing avisual image to be
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`Application/Control Number: 10/336,470
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`Page 9
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`Art Unit: 2625
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`captured (camera 21, being attached to the video phone unit, as seen in Fig. 2), a processor
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`associated with the electronic camera for capturing and digitizing the framed image in a format
`
`for transmission over the cellular telephone network via the cellular telephone (column 5, line
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`36-column 6, line 18), and a memory associated with the processor for receiving and storing the
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`digitized framed image for selectively displaying it in the display window and transmitting it
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`over the telephone network ‘(column 4, lines 5-56, and column 5, lines 50-column 6, line 30).
`Kawazu & Ida are combinable because they are from the same field of endeavor, being
`
`telephones having cameras for transmitting images over a telephone network. At the time of the
`
`invention, it would have been obvious to a person of ordinary skill in the art to include a display
`
`for displaying an image framed by the camera, as taught by Ida, in the system of Kawazu. The
`
`suggestion/motivation for doing so would have been that Kawazu's system would become more
`
`user-friendly with the addition of Ida's teachings, as a user would be able to view images that
`
`were taken by the camera, as recognized by Ida in column 1, lines 9-column 2, line 39.‘
`
`Therefore, it would have been obvious to combine theteachings of Ida with the system of
`
`Kawazu to obtain the invention as specified in claim 51.
`
`Regarding claim 52, Kawazu and Ida disclose the telephone discussed above in claim 51,
`and Ida further teaches ofavdisplay window for viewing the alphanumeric signals within the
`
`display window for framing the visual image (column 4, lines 5-56).
`
`As discussed above, Kawazu & Ida are combinable because they are from the same field
`
`of endeavor, being telephones having cameras for transmitting images over a telephone
`
`network. At the time of the invention, it would have been obvious to a person of ordinary skill in
`
`the art to include a display for displaying an image framed by the camera, as taught by Ida, in the
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`Page 10 of 12
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`Application/Control Number: 10/336,470
`Art Unit: 2625
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`Page 10
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`system of Kawazu. The suggestion/motivation for doing so would have been that Kawazu's
`
`system would become more user-friendly with the addition of Ida's teachings, as a user would be
`
`able to view images that were taken by the camera, as recognized by Ida in column 1, lines 9-
`
`column 2, line 39. Therefore, it would have been obvious to combine the teachings of Ida with
`
`the system of Kawazu to obtain the invention as specified in claim 52.
`
`Regarding claim 54, Kawazu and Ida disclose the telephone discussed above in claim 51,
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`and Kawazu further teaches that of a second memory selectively removable from the housing
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`(memory card 17, paragraph 0016-0025 in the Detailed Description).
`
`Allowable Subject Matter
`
`4.
`5.
`
`Claims 55, 60, and 62 are allowed.
`The following is a statement ofreasons for the indication of allowable subject matter:
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`Regarding claim 55, in the examiner's opinion, it would not have been obvious to have
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`the system, as claimed, include the features of having a camera operation control capability
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`through the use of digital/analog circuits for converting digital commands to analog signals for
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`controlling gain, pedestal setup, white clip, lens focus, white balance, lens iris, lens zoom and
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`other functions of the camera from a local input device, a remote device, or as automatic or '
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`programmed fimctions.
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`Citation ofPertinent Prior Art
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`6.
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`The prior art made of record and not relied upon is considered pertinent to applicant's
`
`disclosure:
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`Page 11 of 12
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`Application/Control Number: 10/336,470
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`Page 11
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`Art Unit: 2625
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`Katz (U.S. Patent Number 5,412,708) discloses a videophone system.
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`Contact Information
`
`Any inquiry concerning this communication or earlier communications from the
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`examiner should -be directed to Houshang Safaipour whose telephone number is (571)272-7412.
`
`The examiner can nonnally be reached on Mon.-F11’. from 6:00am to 2:30pm.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
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`supervisor, David Moore can be reached on (571)272-7437. The fax phone number for the
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`organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtained from either Private PAIR or Public PAIR. Status infonnation for unpublished
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`applications is available through Private PAIR only. For more information about the PAIR
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`system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR
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`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would
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`like assistance from a USPTO Customer Service Representative or access to the automated
`
`infonnation system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`oushang Safaipour
`Patent Examiner
`
`‘
`_
`
`March 3, 2007
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`I
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`I
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