DECLARATION OF ROBERT STEVENSON, Ph.D.
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`I, Robert Stevenson, Ph.D., hereby declare that:
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`1. I reside at 50631 Glenshire Ct., Granger, IN, and I am a citizen of the
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`United States of America.
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`2. My findings, as explained below, are based on my education,
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`experience, and background in the fields discussed above. This declaration relates
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`to U.S. Pat. No. 7,643,168 (Ex. 1001, “the ’168 patent”). As detailed below, I
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`believe the ’168 patent sets forth subject matter that was well known long before
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`the priority date of the ’168 patent.
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`3.
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`I am being compensated at my normal consulting rate of $600 per
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`hour. My compensation is not contingent upon the outcome of this proceeding.
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`I.
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`QUALIFICATIONS
`4.
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`I have a Bachelors degree in Electrical Engineering from the
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`University of Delaware and a Ph.D. degree in Electrical Engineering from Purdue
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`University. My Ph.D. research was on communications and signal processing.
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`5.
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`I am presently a Professor in the Department of Electrical Engineering
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`and in the Department of Computer Science and Engineering at the University of
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`Notre Dame. I first joined the faculty at the University of Notre Dame as an
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`Assistant Professor in the Department of Electrical Engineering in 1990. I was
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`Sony, Ex. 1003, p.1
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`
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`I, Robert Stevenson, Ph.D., hereby declare that:
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`1. I reside at 50631 Glenshire Ct., Granger, IN, and I am a citizen of the
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`United States of America.
`
`2. My findings, as explained below, are based on my education,
`
`experience, and background in the fields discussed above. This declaration relates
`
`to U.S. Pat. No. 7,643,168 (Ex. 1001, “the ’168 patent”). As detailed below, I
`
`believe the ’168 patent sets forth subject matter that was well known long before
`
`the priority date of the ’168 patent.
`
`3.
`
`I am being compensated at my normal consulting rate of $600 per
`
`hour. My compensation is not contingent upon the outcome of this proceeding.
`
`I.
`
`QUALIFICATIONS
`4.
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`I have a Bachelors degree in Electrical Engineering from the
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`University of Delaware and a Ph.D. degree in Electrical Engineering from Purdue
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`University. My Ph.D. research was on communications and signal processing.
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`5.
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`I am presently a Professor in the Department of Electrical Engineering
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`and in the Department of Computer Science and Engineering at the University of
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`Notre Dame. I first joined the faculty at the University of Notre Dame as an
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`Assistant Professor in the Department of Electrical Engineering in 1990. I was
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`Sony, Ex. 1003, p.1
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`
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`granted tenure and promoted to the rank of Associate Professor in August 1996. I
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`attained the rank of Professor in the Department of Electrical Engineering in
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`August 2002, and I continue to serve in that capacity. I have served concurrently
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`as a Professor in the Department of Computer Science and Engineering at the
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`University of Notre Dame since January 2003.
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`6.
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`Since 2013 I have served as an Associate Chair of the Department of
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`Electrical Engineering. I also serve as the Director of Undergraduate Studies in
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`Electrical Engineering. In this role I oversee the department’s undergraduate
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`program in Electrical Engineering.
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`7.
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`For the past 20 years my work has focused on the design of
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`techniques, hardware, and software for the processing of digital signals using
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`digital computing devices. Several leading computing companies, including
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`Intel®, Sun Microsystems®, Apple® Computer, and Microsoft®, have supported
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`my research at Notre Dame.
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`8. As an academic researcher I attempt to develop novel ideas for
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`systems, then publish and present those ideas to the technical community. My
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`success as an academic is directly related to the insights and techniques that
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`provide the basis for new generations of products. My early work on digital
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`techniques for printing and image capture devices led to significant interaction
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`
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`2
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`Sony, Ex. 1003, p.2
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`
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`with companies developing desktop computers products in the early 1990's as they
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`tried to incorporate those ideas into their products.
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`9. My interaction with Apple's Imaging Group focused on various
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`imaging devices such as digital cameras, scanners, and printers and how to best
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`support those devices on desktop computers. At Intel, I worked in Intel's
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`Architecture Lab at the time the MMX multimedia instructions were being
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`incorporated into the Pentium processor. My work there dealt with developing
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`video compression techniques for CD-ROM's and network communications that
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`were well matched to the Pentium architecture. I also gave a series of talks on how
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`advanced communication and video processing techniques could be better
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`supported on the Pentium platform. Similarly, my interaction with Sun
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`Microsystem's group examined how advanced signal processing techniques could
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`be best implemented using Sun's new Visual Instruction Set on the Sparc
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`architecture.
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`10.
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`I have also received significant support for my research from several
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`U.S. Department of Defense Agencies. The Air Force Research Laboratory has
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`funded my work to develop advanced parallel processing algorithms that exploited
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`an ad-hoc network of mixed computers to achieve signification computational
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`advantages over their previously implemented techniques. Other Department of
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`Defense agencies have supported my work in image and video enhancement.
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`
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`3
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`Sony, Ex. 1003, p.3
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`
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`11. During the past 20 years, I have published over 100 technical papers
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`related to the field of image processing and digital systems. In total, I have
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`published over 150 papers in international journals and international conferences.
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`12.
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`I am a member of the Institute of Electronics and Electrical Engineers,
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`The International Society for Optical Engineering, and the Society for Imaging
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`Science and Technology. I am a member of the academic honor societies Eta
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`Kappa Nu, Tau Beta Pi, and Phi Kappa Phi.
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`13.
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`I am an inventor of U.S. Patent No. 6,081,552, “Video Coding Using
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`a Maximum A Posteriori Loop Filter,” June 27, 2000.
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`14. Additional information concerning my background, qualifications,
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`publications, conferences, honors, and awards are described in my Curriculum
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`Vitae, a copy of which is attached with this Report as Exhibit A.
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`II.
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`STATEMENT OF LEGAL PRINCIPLES
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`A. Claim Construction
`I understand that in an inter partes review proceeding, the claims of a
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`15.
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`patent are to be given their broadest reasonable meaning as they would be
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`understood by one of ordinary skill in the art, consistent with the specification of
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`the patent.
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`B. Anticipation
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`
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`4
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`Sony, Ex. 1003, p.4
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`
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`16.
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`I understand that if each and every element of a claim is disclosed in a
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`single prior art reference, then the claimed invention is anticipated and not
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`patentable under pre-AIA 35 U.S.C. § 102. In order for the invention to be
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`anticipated, each element of the claimed invention must be described or embodied,
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`either expressly or inherently, in a single prior art reference. I also understand that
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`a reference inherently discloses a claim limitation when that claim limitation is
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`necessarily present in the reference. I also understand that a prior art reference
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`must be enabling in order to anticipate a patent claim.
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`C. Obviousness
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`17.
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`I have been informed that a patent claim is invalid as “obvious” under
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`pre-AIA 35 U.S.C. § 103 in light of one or more prior art references if it would
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`have been obvious to one of ordinary skill in the art, taking into account (1) the
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`scope and content of the prior art, (2) the differences between the prior art and the
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`claims, (3) the level of ordinary skill in the art, and (4) any so called “secondary
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`considerations” of non-obviousness, which include: (i) “long felt need” for the
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`claimed invention, (ii) commercial success attributable to the claimed invention,
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`(iii) unexpected results of the claimed invention, and (iv) “copying” of the claimed
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`invention by others. For purposes of my analysis above, I have applied a date of
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`January 12, 1998, as the date of invention in my obviousness analyses, although in
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`
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`5
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`Sony, Ex. 1003, p.5
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`
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`many cases the same analysis would hold true even at an earlier time than January
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`12, 1998.
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`18.
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`I have been informed that a claim can be obvious in light of a single
`
`prior art reference or multiple prior art references. To be obvious in light of a
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`single prior art reference or multiple prior art references, there must be a reason to
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`modify the single prior art reference, or combine two or more references, in order
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`to achieve the claimed invention. This reason may come from a teaching,
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`suggestion, or motivation to combine, or may come from the reference or
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`references themselves, the knowledge or “common sense” of one skilled in the art,
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`or from the nature of the problem to be solved, and may be explicit or implicit
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`from the prior art as a whole. I have been informed that the combination of
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`familiar elements according to known methods is likely to be obvious when it does
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`no more than yield predictable results. I also understand it is improper to rely on
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`hindsight in making the obviousness determination.
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`III. LEVEL OF ORDINARY SKILL IN THE ART OF THE ’168 PATENT
`19.
`
`I have been asked to opine on the level of ordinary skill in the art in
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`relation to the ’168 patent at the time of the filing of the application thereof, i.e., in
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`January 1998. As the title indicates, the art of the ’168 patent is image capturing
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`and transmitting devices in general, and more specifically, portable communication
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`devices having image capturing capabilities that can receive and transmit captured
`6
`
`
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`Sony, Ex. 1003, p.6
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`
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`images. In my opinion, one of ordinary skill in the art would have had at least
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`either i) a graduate degree in electrical engineering, computer science, or a related
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`field with some experience in digital imaging and/or image transmission or ii) a
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`bachelor’s degree in electrical engineering, computer science, or a related field,
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`and 3-5 years of experience in digital imaging and/or image transmission.
`
`IV. TECHNICAL BACKGROUND
`20. The first handheld cellular phone was introduced by Motorola in
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`1973. See e.g., Ex.1008, Roger Cheng, The First Call from a Cell Phone Was
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`Made 40 Years Ago Today, CNET (April 13, 2013 7:13 AM PDT)
`
`http://www.cnet.com/news/the-first-call-from-a-cell-phone-was-made-40-years-
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`ago-today/. Although initially capable of only simple voice communication, the
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`cellular telephone’s functionalities started to grow thereafter by integrating
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`functions of other portable electronic devices. For instance, in 1992, cellular
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`telephones became capable of sending and receiving text messages, a function
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`previously performed by pagers and beepers. Id. Soon after, in 1993, IBM’s
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`Simon integrated the personal data assistant into the cellular telephone. See e.g.,
`
`Ex. 1009 http://research.microsoft.com/en-
`
`us/um/people/bibuxton/buxtoncollection/a/pdf/press%20release%201993.pdf (last
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`visited Dec. 8, 2014). Not only was the Simon capable of simple text messaging, it
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`also was capable of more complex data exchange, such as email messages and
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`
`
`7
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`Sony, Ex. 1003, p.7
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`
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`hand-drawn graphical data using a touchscreen. Id. Thus, the cellular telephones
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`at this time were already capable of transmitting and receiving different types of
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`data over the cellular network, and it was only a matter of time until these
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`applications were further expanded to convey additional types of data. The
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`influence of the IBM Simon, often dubbed as the “first smartphone,” was
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`tremendous in setting the trend of integrating functionalities of various electronic
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`devices into a single portable machine. See e.g., Ex. 1010, Buxton Collection:
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`Simon, http://research.microsoft.com/en-
`
`us/um/people/bibuxton/buxtoncollection/a/pdf/press%20release%201993.pdf (last
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`visited Dec. 8, 2014)
`
`21. Wireless transmission of data in digital form has been known and
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`standardized since the 1970’s. For example, in 1970, the ALOHANET connected
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`multiple low data rate stations through a single radio channel. See Ex. 1011,
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`Walke, The Roots of GPRS: The first System for Mobile Packet based Global
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`Internet Access, IEEE Wireless Communications, October 2013 at 4. Mobile
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`networks originally were designed for circuit-switched speech communication.
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`With time, these networks began to offer data as an additional feature. Data
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`transmission was accomplished, for example, by using modems over analog
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`cellular telephone links. Id.
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`
`
`8
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`Sony, Ex. 1003, p.8
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`
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`22. Mobile packet-switched networks enable mobile devices to exchange
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`packetized digital data over radio. Id. at 3. In addition to stand-alone packet-
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`switched networks, several packet-switched networks were integrated into circuit-
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`switched networks, which used some of the network’s radio channels. Id. One of
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`the earliest packet switched data networks was the Advanced Radio Data
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`Information Service (ARDIS) released in 1983, which was a packet switched
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`cellular radio service provided by Motorola and IBM that was based on Motorola
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`DataTAC. Id. at 5. In 1986, Telia and Ericsson launched in Sweden the
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`MOBITEX packet data service for digital speech and data communication
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`providing country-wide cellular data services. Id.
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`23. Many early packet switched cellular radio data networks assign radio
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`channels to mobile devices based on a demand assigned multiple-access (DAMA
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`or TDMA) protocol, which allows several users to share the same frequency
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`channel by dividing the signal into different time slots. Local Cellular Radio
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`Network (LCRN) was the first of which to integrate circuit-switched digital
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`speech/data and packet-switched services in a mobile radio system using TDMA
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`protocol in the mid 1980’s. Id. at 6. Shortly thereafter, mobile phone standards
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`TIA IS-54 and TIA IS-95 carrying circuit-switched data were introduced. Data
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`services using these standards were offered in the 1993/94 time frame. Id. at 7.
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`
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`9
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`Sony, Ex. 1003, p.9
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`
`
`24.
`
`In the mid 1980’s, the European Telecommunications Standards
`
`Institute (ETSI) started developing GSM (Global System for Mobile
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`Communications, originally Groupe Spécial Mobile) as a standard to describe
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`protocols for second-generation (2G) digital circuit-switched cellular networks.
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`The prior 1G standard operated on analog cellular networks. GSM mobile
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`equipment uses TDMA protocols to transmit and receive information digitally. The
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`digitally transmitted information can include digitized speech and, as GSM could
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`provide general purpose digital connections, virtually any other type of digital data.
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`The first 2G call was made in 1991. Until recently, 2G has been a dominant global
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`digital cellular communication standard, though it is now being replaced by higher
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`speed “3G” and “4G” technologies.
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`25. Early GSM standards and implementations included capabilities for
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`sending of digital circuit switched data (CSD). Initially, GSM CSD allowed
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`sending of data transmission rate of approximately 9.6 kbit/s to other GSM
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`handsets or to computer modems over a dialed connection.
`
`26.
`
`It was well known to use data compression when sending data over
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`cellular connections and cellular standards included command standards for
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`controlling data compression operations. For example, GSM circuit switched data
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`standards also included standardized commands to enable compression and
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`
`
`10
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`Sony, Ex. 1003, p.10
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`
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`decompression of data sent on a circuit switched connection. See, e.g., Ex. 1012,
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`ETSI GSM Technical Specification 7.07, Digital cellular telecommunications
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`system (Phase 2+); AT command set for GSM Mobile Equipment (ME), July 1996
`
`at § 6.14.
`
`27. Over time, GSM has expanded to include GPRS (General Packet
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`Radio Services) and EDGE (Enhanced Data rates for GSM Evolution or EGPRS).
`
`GRPS provided for data transfer over packet-switched networks. Id. at 7.
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`Subsequently the 3GPP (Third Generation Partnership Project) developed third-
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`generation (3G) UMTS standards followed by fourth-generation (4G) LTE
`
`Advanced standards.
`
`28. The development of the electronic camera followed a similar timeline
`
`to the development of the mobile phone. The first ever digital camera was created
`
`by Steven Sasson in 1975, and electronic cameras became available as consumer
`
`products in the second half of 1980s. See Ex. 1013, Dan Richards, The 30 Most
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`Important Digital Cameras of All time, PopPhoto.com (Oct. 22, 2013),
`
`http://www.popphoto.com/gear/2013/10/30-most-important-digital-cameras. The
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`first consumer electronic camera made available in the United States was Canon’s
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`RC-701 released in 1986. See Ex. 1014, Canon Camera Museum: Canon Camera
`
`Story, 1976-1986, http://www.canon.com/camera-
`
`
`
`11
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`Sony, Ex. 1003, p.11
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`
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`museum/history/canon_story/1976_1986/1976_1986.html (last visited Dec.8,
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`2014). Many others including Fuji, Konica, Minolta, Nikon, Olympus, Sony and
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`Panasonic, soon followed Canon’s lead and released their own versions of
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`electronic cameras. See Ex. 1015, Kriss, et al., Critical technologies for electronic
`
`still imaging systems, SPIE vol. 1082, pp. 157-184 at p. 159. Instead of photo-
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`sensitive films, the electronic cameras were equipped with an electronic image
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`sensor and a storage medium. Common examples of electronic image sensors are
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`charge coupled devices (CCDs) and complimentary metal-oxide-semiconductor
`
`(CMOS) sensor chips, having an array of photosites (shown below) each of which
`
`detects light from the subject image and converts the detected light to an electronic
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`signal. These signals generated by the sensor are provided to the image processing
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`circuitry which processes the image signal to electronic data. The processing
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`circuitry typically includes an analog-to-digital converter and at least one
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`processing component such as a microprocessor. The processed image signals are
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`then stored as electronic data on a storage medium such as the 3.5 inch floppy disc,
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`a popular storage device at the time the first consumer electronic camera. See, e.g.,
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`Ex. 1016, NikonWeb.com, http://www.nikonweb.com/rc760/ (last visited Dec. 08,
`
`2014).
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`
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`12
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`Sony, Ex. 1003, p.12
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`
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`
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`29. To maximize the limited storage space found in the conventional
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`storage media back in the timeframe of the ’871 patent priority date, captured
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`image data was typically compressed. This also facilitated transmission of the
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`image data as the data size is substantially reduced. Various methods to compress
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`electronic data were already in place and well-practiced, and image data
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`compression techniques such as the JPEG standard was also publicly available in
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`1994, well before the earliest priority date of the ’871 patent. In fact, I conducted
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`significant work in the area of transmission of compressed images over low
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`bandwidth channels. See, e.g., Ex. 1027, O’Rourke et al., Robust Transmission of
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`Compressed Images Over Noisy Guassian Channels, IEEE (1995). My work
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`concentrated specifically on specific error correction techniques that were
`
`employed to reconstruct images compressed using the JPEG still image
`
`
`
`13
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`Sony, Ex. 1003, p.13
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`
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`compression standard. In order to implement such data compression, the required
`
`algorithm such as JPEG were stored in the memory of the electronic camera. See,
`
`e.g., Ex. 1017, U.S. Patent 5,477,264 (filed in 1994 and issued in 1995).
`
`30. While the sensor and the storage medium replaced the film of the
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`conventional cameras, other hardware components of the electronic camera
`
`remained similar to the conventional film cameras. For example, for point-and-
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`shoot cameras, the components for auto-focusing and aperture control remained
`
`identical regardless of whether the camera utilized a traditional films or an
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`electronic sensor.
`
`31. Because the advent of the electronic camera reduced photographic
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`images, previously captured in photosensitive films, to electronic data,
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`photographic images could now be transmitted and received in the same manner as
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`text or voice data. In fact, transmission of graphical images over the telephone
`
`network had already been implemented with Kodak’s SV9600 Still Video
`
`Transceiver. Kodak’s system was capable of storing, compressing, sending and
`
`receiving digital images using a standard telephone line. See e.g., Ex. 1018, Keith
`
`A. Hadley, Kodak SV9600 Still Video Transceiver, Proc. SPIE 1071, Optical
`
`Sensors and Electronic Photography, 238 (1989). This made the electronic camera
`
`an obvious target of integration into the cellular telephone. Such integration is
`
`
`
`14
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`Sony, Ex. 1003, p.14
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`
`
`documented in many references that were published well before the priority date of
`
`the ’168 patent. For example, U.S. Patent No. 4,485,400 to Lemelson
`
`(“Lemelson”), patented on November 27, 1984, discloses a portable
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`communication device comprising a TV camera. See generally Ex. 1028,
`
`Lemelson. Japanese Patent Application H03-107891 to Abe (“Abe”), published on
`
`May 9, 1991, also discloses a cellular telephone equipped with an image capturing
`
`device. See generally Ex. 1019, Abe. Unlike images stored on a photosensitive
`
`films, images stored as electronic data in a storage medium could be accessed at a
`
`user’s will in the same manner that text data in a cellular telephone could be
`
`selectively retrieved, reviewed, and transmitted using the interface keys. So it is
`
`not a surprise to see selective retrieval of captured images from the storage
`
`medium, displaying the retrieved images, and transmitting the image. See e.g.,
`
`Lemelson at 2:66-3:5, 11:3-15, 11:44-51, 15:25-40. Therefore, by the earliest
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`priority date of the ’168 patent, portable cellular telephones that had capability of
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`sending and receiving images over the wireless network had already been
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`conceived and were well known.
`
`V.
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`UNDERSTANDING THE CLAIM TERMS OF THE ’168 PATENT
`32.
`
`It is my understanding that Petitioner has proposed construction of a
`
`number of claim terms from the ’168 patent. I have applied these constructions in
`
`performing my analysis set forth below.
`
`
`
`15
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`Sony, Ex. 1003, p.15
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`
`
`(a)
`
`“Transmission Protocol” (claim 16-18)
`
`33.
`
`I agree with Petitioner that the broadest reasonable meaning of the
`
`term “transmission protocol” is “one or more rules governing transmission.” The
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`’168 patent defines transmission protocols very broadly and attaches no specific
`
`meaning to this term. ’168 patent at 2:44-45 (“transmission protocols are virtually
`
`endless”).
`
`(b)
`“Media being suitable to embody … algorithm” (claims
`1, 22, 24, 26, 27)
`
`34.
`
`I agree with Petitioner that the broadest reasonable meaning of the
`
`term “media being suitable to embody … algorithm” should be construed as
`
`“media having an algorithm in the form of hardware, software or a combination of
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`hardware and software.” This meaning is supported by the specification, for
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`example, at columns 7:58-62 and 11:3-10, which disclose storage of an algorithm
`
`in floppy disks or portable PCMCIA card and storage of software in memory that
`
`can be used by a processor.
`
`VI. CLAIMED SUBJECT MATTER OF THE ’168 PATENT ARE
`DISCLOSED BY PRIOR ART
`35.
`
`In this section, I will compare the ’168 patent claims with certain prior
`
`art references that disclose the subject matter claimed by the ’168 patent. In
`
`preparing for this declaration, I have reviewed the ’168 patent, relevant portions of
`
`its file history, and the following prior art documents: U.S. Patent No. 5,550,754
`
`
`
`16
`
`Sony, Ex. 1003, p.16
`
`
`
`(Ex. 1004, “McNelley”); English translation of JP Application Publication Number
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`09-037129 (Ex. 1005, “Nagai”); and Japanese Patent No. H8-191435 (Ex. 1006,
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`“Sakata”).
`
`A. McNelley (Ex. 1004)
`36. McNelley teaches an integral video phone capable of receiving and
`
`sending image and audio signals over a cellular or other wireless network.
`
`McNelley’s telecamcorder includes built-in displays to view an incoming image or
`
`an image captured by an integrated camera; for example, McNelley’s camera can
`
`be used to capture an image of the operator for transmission during
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`teleconferencing. The telecamcorder operates selectively as either as a
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`conventional camcorder or a teleconferencing terminal allowing one single device
`
`to have multiple uses. McNelley at 5:1-9; see also e.g., id. at 1:6-11; 6:61-62;
`
`14:28-31; Figs. 8, 12. McNelley’s telecamcorder allows users to preview an image
`
`to be captured on a display and to capture images, which are stored in a storage
`
`medium. Both removable and non-removable storage medium are disclosed.
`
`McNelley discloses that this device may be implemented using a wide variety of
`
`portable and hand-held physical form factors. Fig. 12 (reproduced below) is an
`
`example of one portable embodiment. Other examples can be seen at, for example,
`
`Figs. 8-20, 23-29. While my analysis draws from the embodiment disclosed in
`
`Figs. 8-10, 30, and slight variations in 11-12, one of skill in the art would
`
`
`
`17
`
`Sony, Ex. 1003, p.17
`
`
`
`understand that the various configurations disclosed in McNelley are a matter of
`
`design choice and that the various components and their attendant functionality can
`
`be added or removed as needed. Indeed, McNelley discloses “modular” devices in
`
`Figs. 15 and 16 demonstrating that the user may pick and choose the necessary
`
`components dependent on the required functionality. Id. at 10:28 – 11:11.
`
`Moreover, laptops, phones, and other consumer devices at the time of the invention
`
`were also generally configured for expandability by, for example, PCMIA cards.
`
`As one example, McNelley discloses the use of ASICs for image compression. See
`
`claim element 1[g] below. While that disclosure is not explicitly tied to the
`
`embodiment disclosed in Figs. 8-10, McNelley discloses that such compression is
`
`required to allow for wireless transmission. Thus, one of skill in the art would
`
`readily understand that such ASICs would be included in the embodiment shown
`
`in Figs. 8-10. Moreover, one of skill in the art would include such ASICs in order
`
`to reduce the size of the image data to facilitate transmission over low bandwidth
`
`networks, which were common at the time of the invention. Moreover, one of skill
`
`in the art would have included such ASICs as the use of an ASIC was a common
`
`implementation choice for cellular modem functionality and such cellular modems
`
`could include compression as discussed in Section IV, above.
`
`
`
`18
`
`Sony, Ex. 1003, p.18
`
`
`
`An example Telecamcorder Embodiment of McNelley Fig. 12
`
`
`
`
`
`1.
`
`Claims 1, 22, 24, 26, 27, 29
`
`(a) Apparatus (Claim elements 1pre, 22pre, 24pre, 26pre,
`27pre, and 29pre)/Portable Housing (Claim elements 1a, 22a,
`24a, 26a, 27a, and 29a)
`
`37. McNelley discloses a portable wireless “telecamcorder” (McNelley at
`
`2:44-48) that can be implemented in a common housing. See, e.g., id. at 6:59-61,
`
`7:24-38; 14:28-31. Therefore, it is my opinion that McNelley discloses an
`
`apparatus as well as a wireless portable housing as required by claims 1, 22, 24, 26,
`
`27, and 29.
`
`(b)
`Image Collection Device (Claim elements 1b, 22b, 24b,
`26b, 27b, and 29b)
`
`
`
`19
`
`Sony, Ex. 1003, p.19
`
`
`
`38. The telecamcorder of McNelley includes an image collection device,
`
`i.e., camera 102, supported by the telecamcorder housing. McNelley discloses that
`
`the telecamcorder may include a “microphone 114, an optional light 152, and a
`
`remote sensor 154, along with the camera 102, are contained on a camera boom
`
`156 that can rotate a full 360 degrees on a pivot 158. In camcorder mode, the
`
`camera boom 156 is turned 180 degrees, allowing the camera 102, the microphone
`
`114, the light 152, and the sensor 154 to be directed toward the action to be
`
`videographed while using the display 100 as a camera viewfinder. The camera
`
`boom 156 may be pointed in any direction in either teleconferencing mode or
`
`camcorder mode, thus allowing recording of the operator's own image while in
`
`camcorder mode or capturing other images besides the local conferee for
`
`transmission to the distant conferee while in teleconferencing mode.” McNelley at
`
`6:45-58 (emphasis added); see also id. at 6:35-4; 8:46-67; 12:66-13:7; Fig. 12,
`
`element 102; Fig. 30, element 406. Therefore, it is my opinion that McNelley
`
`discloses “an image collection device supported by the portable housing, the image
`
`collection device being operable to provide visual image data of a field of view” as
`
`required by claims 1, 22, 24, 26, and 27. Claim 29 additionally requires that the
`
`visual image data of a field of view be in digital format. McNelley further
`
`discloses that, to avoid expense and quality loss, “it is advantageous to start digital
`
`and stay digital all the way. To this end, digital video cameras employ circuit
`
`
`
`20
`
`Sony, Ex. 1003, p.20
`
`
`
`boards that include a charged coupled device (CCD) optical pickup. As electrical
`
`values area read from the CCD the values are immediately converted into digital
`
`values and remain digital through all subsequent processing.” Id. at 12:66-13:7.
`
`Thus, McNelley discloses that the visual image data from the camera can be in
`
`digital format. Therefore, it is my opinion that McNelley discloses “an image
`
`collection device supported by the portable housing, the image collection device
`
`being operable to provide in digital format visual image data of a field of view” as
`
`required by claim 29.
`
`(c) Display (Claim elements 1c, 22h, 24h, 26c, 27h, 29h)
`
`39. The telecamcorder of McNelley is equipped with one or more displays
`
`such as a viewfinder display 166 and a larger display 100 which operate in
`
`combination with the display electronics 418. See, e.g., McNelley at 7:4-23;
`
`21:36-40 and Fig. 30. The displays 100, 166 may be liquid crystal displays
`
`(LCDs). Id. at 6:41-43. In some configurations, McNelley’s telecamcorder can use
`
`the display 166 as a viewfinder for the camera 102 while also using display 100 for
`
`a received teleconference image. Id. at 7:4-23; 10:15-27. In this scenario, the
`
`display 166 would display a perceptible visual image to the user. Therefore, it is
`
`my opinion that McNelley discloses “a display supported by the portable housing,
`
`the display being operable to display for viewing by a user a perceptible visual
`
`image, the perceptible visual image being generated from the visual image data” as
`
`
`
`21
`
`Sony, Ex. 1003, p.21
`
`
`
`required by claims 1, 22, 24, 26, and 27. Claim 29 additionally requires that the
`
`displayed image be generated “from at least one of the visual image data in digital
`
`format, and the retained visual image data in digital format. As discussed in 1(b),
`
`above, McNelley further discloses it is desirable for signals to be in digital form as
`
`they are read from the CCD and “through all subsequent processing.” Id. at 12:66-
`
`13:7. Accordingly, one of skill in the art would understand that the “subsequent
`
`processing” would include the processing required for display on a typical LCD
`
`display such that the image generated on the display would in fact be generated
`
`from visual image data in digital format. Therefore, it is my opinion that
`
`McNelley discloses “at least one display supported by the portable housing, the at
`
`least one display being operable to display for viewing by a user a perceptible
`
`visual image of the field of view, the perceptible visual image being generated
`
`from at least one of: the visual image data in digital format, and the retained visual
`
`image data in digital format” as required by claim 29.
`
`(d) Memory (Claim elements 1d, 22c, 24c, 26d, 27c, and
`29c)
`
`40. McNelley discloses storing the generated image in an internal image
`
`memory and that both removable and internal memory can be included. For
`
`example, McNelley discloses that in some embodiments “[a] removable recording
`
`medium 209 is placed into the telecamcorder 209 through a door 212 which is
`
`released by a latch 214 and then closed for recording.” McNelley at 8:37-41; Fig.
`22
`
`
`
`Sony, Ex. 1003, p.22
`
`
`
`10. McNelley’s memory can be used to retain images captured by the camera. For
`
`example, McNelley discloses the use of the telecamcorder in a “camcorder” mode
`
`wherein “[i]f the telecamcorder is being used to make a recording, the controller
`
`400 conditions the audio and video signals, if necessary, and routes them to a
`
`recording/playback electronics package 420. The recording electronics processes
`
`the signals for storage in memory 422. The memory 422 actually comprises any
`
`type of data recording medium ranging from tape and disks to solid state
`
`microelectronic memory.” Id. at 21:19-26; see also id. at 21:41-56; Fig. 30
`
`element 422; Fig. 31 elements 424, 426. Therefore, it is my opinion that McNelley
`
`discloses “memory supported by the portable housing, the memory being suitable
`
`to receive visual image data in digital format, the memory being suitable to retain
`
`the visual image data in digital format” as required by claims 1, 22, 24, 26, 27, and
`
`29.
`
`Input Device (Claim elements 1e, 2d, 24d, 26e, 27d, and
`
`(e)
`29d)
`
`41. McNelley discloses that a number different types of input devices can
`
`be used to control the telecamcorder functions such as a touch screen, McNelley at
`
`20:48-53, or dialing controls 186 and telecamcorder controls 188. These controls
`
`are illustrated in McNelley Figs. 8 and 9, reproduced below.
`
`
`
`23
`
`Sony, Ex. 1003, p.23
`
`
`
`
`
`
`
`42. As McNelley explains, “Fig. 9 shows a left side view of the
`
`telecamcorder embodiment illustrated in Fig. 8. This figure shows th
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