DECLARATION OF ROBERT STEVENSON, Ph.D.
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`I, Robert Stevenson, Ph.D., hereby declare that:
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`1.
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`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. 7,365,871 (Ex. 1001, “the ’871 patent”). As detailed below, I
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`believe the ’871 patent sets forth subject matter that was well known long before
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`the priority date of the ’871 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 Bachelor’s 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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`
`
`I, Robert Stevenson, Ph.D., hereby declare that:
`
`1.
`
`I reside at 50631 Glenshire Ct., Granger, IN, and I am a citizen of the
`
`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. 7,365,871 (Ex. 1001, “the ’871 patent”). As detailed below, I
`
`believe the ’871 patent sets forth subject matter that was well known long before
`
`the priority date of the ’871 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 Bachelor’s 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
`15.
`I understand that in an inter partes review proceeding, the claims of a
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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
`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
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`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 ’871 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 ’871 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 ’871 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. 1009, Roger Cheng, The First Call from a Cell Phone Was
`
`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. 1010, 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
`
`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. 1011, Buxton Collection:
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`Simon, http://research.microsoft.com/en-
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`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. 1012,
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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.
`
`
`
`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.
`
`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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`
`
`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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`GSM mobile equipment uses TDMA protocols to transmit and receive information
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`digitally. The digitally transmitted information can include digitized speech and, as
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`GSM could provide general purpose digital connections, virtually any other type of
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`digital data. The prior 1G standard operated on analog cellular networks. The first
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`2G call was made in 1991. Until recently, 2G has been a dominant global digital
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`cellular communication standard, though it is now being replaced by higher speed
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`“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. It was well known to
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`use data compression when sending data over cellular connections and cellular
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`standards included command standards for controlling data compression
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`operations. For example, GSM circuit switched data standards also included
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`standardized commands to enable compression and decompression of data sent on
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`a circuit switched connection. See, e.g., Ex. 1013, ETSI GSM Technical
`
`
`
`10
`
`Sony, Ex. 1003, p.10
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`
`
`Specification 7.07, Digital cellular telecommunications system (Phase 2+); AT
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`command set for GSM Mobile Equipment (ME), July 1996 at § 6.14.
`
`26. 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).
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`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.
`
`27. 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. 1014, 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. 1015, Canon Camera Museum: Canon Camera
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`Story, 1976-1986, http://www.canon.com/camera-
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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
`
`
`
`11
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`Sony, Ex. 1003, p.11
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`
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`Panasonic, soon followed Canon’s lead and released their own versions of
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`electronic cameras. See Ex. 1016, Kriss, et al., Critical technologies for electronic
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`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. 1017, 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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`28. 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
`
`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. 1026, 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
`
`Sony, Ex. 1003, p.13
`
`
`
`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,
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`e.g., Ex. 1018, U.S. Patent 5,477,264 (filed in 1994 and issued in 1995).
`
`29. While the sensor and the storage medium replaced the film of the
`
`conventional cameras, other hardware components of the electronic camera
`
`remained similar to the conventional film cameras. For example, for point-and-
`
`shoot cameras, the components for auto-focusing and aperture control remained
`
`identical regardless of whether the camera utilized a traditional films or an
`
`electronic sensor.
`
`30. Because the advent of the electronic camera reduced photographic
`
`images, previously captured in photosensitive films, to electronic data,
`
`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. 1019, 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
`
`Sony, Ex. 1003, p.14
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`
`
`documented in many references that were published well before the priority date of
`
`the ’871 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. 1005,
`
`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. 1020, 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 ’871 patent, portable cellular telephones that had capability of
`
`sending and receiving images over the wireless network had already been
`
`conceived and were well known.
`
`V.
`
`UNDERSTANDING THE CLAIM TERMS OF THE ’871 PATENT
`31. It is my understanding that Petitioner has proposed construction of a
`
`number of claim terms from the ’871 patent. I have applied these constructions in
`
`performing my analysis set forth below.
`
`
`
`15
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`Sony, Ex. 1003, p.15
`
`
`
`(a)
`
`Selectively Displaying (claims 1, 6, 9, 12)
`
`32.
`
`I agree with Petitioner that the broadest reasonable meaning of the
`
`term “selectively displaying” is “choosing from one or more for display.” This
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`meaning is supported by the specification, for example, at columns 5:6-10 and
`
`6:37-45, which discuss choosing from one or more images for display.
`
`(b)
`
`Selectively Transmitting (claims 1, 6, 9, 12)
`
`33.
`
`I agree with Petitioner that the broadest reasonable meaning of the
`
`term “selectively transmitting” is “choosing from one or more for transmission.”
`
`This meaning is supported by the specification, for example, at columns 5:6-10 and
`
`6:37-45, which discuss choosing from one or more images for transmission.
`
`VI. CLAIMED SUBJECT MATTER OF THE ’871 PATENT ARE
`DISCLOSED BY PRIOR ART
`34. In this section, I will compare the ’871 patent claims with certain prior
`
`art references that disclose the subject matter claimed by the ’871 patent. In
`
`preparing for this declaration, I have reviewed the ’871 patent, relevant portions of
`
`its file history, and the following prior art documents: English translation of JP
`
`Application Publication Number 09-037129 (Ex. 1004, “Nagai”); U.S. Patent No.
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`4,485,400 (Ex. 1005, “Lemelson”); U.S. Patent No. 5,485,504 (Ex. 1006,
`
`“Ohnsorge”); U.S. Patent No. 5,018,017 (Ex. 1007, “Sasaki”); and U.S. Patent No.
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`6,564,070 (Ex. 1008, “Nagamine”).
`
`
`
`16
`
`Sony, Ex. 1003, p.16
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`
`
`A. Nagai (Ex. 1004) in view of Lemelson (Ex. 1005)
`35. As shown in Fig. 3 below, Nagai teaches a cellular telephone having
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`an integrated camera. Nagai at Fig. 3. The camera telephone of Nagai allows users
`
`to preview an image to be captured on a monitor and capture images, which are
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`stored in a removable storage medium. The camera telephone of Nagai also allows
`
`a user to transmit and receive images as well as voice data over a wireless digital
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`telephone network.
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`
`
`
`
`17
`
`Sony, Ex. 1003, p.17
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`
`
`Nagai at Fig. 3
`
`36. While Nagai does not specifically describe the power supply that is
`
`used to power the camera telephone, one of skill in the art would readily
`
`understand that the camera telephone of Nagai would include an internal power
`
`supply such as a battery. Indeed, Nagai is directed to “equipping the mobile
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`telephone function on the electronic still camera, in a situation such as when the
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`electronic still camera is used to shoot a commemorative photo on a vacation or the
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`like.” Nagai at pg. 6, ll. 6-8. At the time of the invention, it was common for
`
`mobile devices such as mobile phones and digital cameras to include internal
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`power supplies such as a battery. See e.g., Lemelson at 2:34-39. In addition,
`
`requiring the device to be plugged into an external power source would
`
`significantly reduce the mobility featured by Nagai’s camera telephone.
`
`37. Moreover, the teaching of an internal power supply can be found in
`
`Lemelson, which is also directed to a portable imaging device. Thus, as explained
`
`in further detail below, it is my opinion that Nagai, either alone or in combination
`
`with Lemelson, teaches all claimed features of the ’871 patent.
`
`1.
`
`Claims 1, 6, 12
`
`(a)
`
`Preamble (Claim elements 1pre, 6pre, and 12pre)
`
`
`
`18
`
`Sony, Ex. 1003, p.18
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`
`
`38. The preambles of claims 1, 6, and 12 generally describe a handheld
`
`device in which telephone and electronic camera functionalities are integrated.
`
`Claims 1 and 6 also require that the device be capable of communicating voice and
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`image data over wireless network. Nagai discloses a cellular telephone that is
`
`shaped to be held by hand and equipped with a CCD camera that captures and
`
`transmits images over the cellular network. Nagai at pg. 6, ll. 33-40; pg. 7, ll. 13-
`
`16; pg. 7, ll. 25-37, pg. 8, ll. 9-30, Figs. 3, 4. As Fig. 3 (reproduced above)
`
`illustrates, all of the components of Nagai are contained in a common housing.
`
`Therefore, it is my opinion that Nagai discloses “a handheld self-contained cellular
`
`telephone and integrated image processing system for both sending and receiving
`
`telephonic audio signals and for capturing a visual image and transmitting it to a
`
`compatible remote receiving station of a wireless telephone network” as required
`
`by claim 1, “a handheld cellular telephone having an integrated electronic camera
`
`for both sending and receiving telephonic audio signals and for capturing a visual
`
`image, converting the visual image to a digitized image data signal and
`
`transmitting digitized image data signal via a cellular telephone network” as
`
`required by claim 6, and a “combination of handheld wireless telephone and digital
`
`camera” as required by claim 12.
`
`(b) Housing (Claim elements 1a, 6a, and 12a)
`
`
`
`19
`
`Sony, Ex. 1003, p.19
`
`
`
`39. Claims 1, 6, and 12 require that the device have a housing which
`
`supports the telephone and the camera so as to be commonly movable. As shown
`
`in Fig. 3 (reproduced above), the camera of Nagai is physically integrated into the
`
`housing of the cellular phone, forming a single physical unit that is commonly
`
`movable. Therefore, it is my opinion that Nagai discloses “a manually portable
`
`housing” as required by claim 1, “a manually portable housing supporting the
`
`cellular telephone and the integrated electronic camera, the cellular telephone and
`
`the integrated electronic camera being movable in common with the housing” as
`
`required by claim 6, and “a handheld housing which supports both the wireless
`
`telephone and the digital camera, the wireless telephone and electronic camera
`
`being commonly movable with the housing” as required by claim 12.
`
`(c)
`Image Capturing Device (Claim elements 1b, 6e, and
`12pre)
`
`40. Claims 1, 6, and 12 describe an image capturing device as part of the
`
`claimed subject matter. The device of Nagai includes a lens 1 and an “imaging
`
`device such as a CCD 2” contained in the housing. Nagai at pg. 6 at ll. 36-40, Fig.
`
`4. Nagai discloses a “through-screen display state” in which the imaging device is
`
`used for framing an image to be captured. Id. at pg. 3, ll. 37-44, pg. 8, ll. 39-44;
`
`pg. 9, ll. 6-13; Fig. 7. Therefore, it is my opinion that Nagai discloses “an integral
`
`image capture device comprising an electronic camera contained within the
`
`portable housing” as required by claim 1, “an integral electronic camera in the
`20
`
`
`
`Sony, Ex. 1003, p.20
`
`
`
`housing, the camera for visually framing a visual image to be captured” as required
`
`by claim 6, and “digital/electronic camera” as required by claim 12.
`
`(d) Display/User Interface (Claim elements 1c, 6d, and
`12b)/User Interface (Claim elements 1f and 6h)
`
`41. Claims 1, 6, and 12 require that the claimed system include a display
`
`for displaying captured images selected by the user through a user interface. The
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`integrated camera telephone of Nagai is equipped with a liquid crystal monitor 14,
`
`Nagai at pg. 7, ll. 7-11. The liquid crystal monitor 14 in combination with the
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`touch panel interface 11 and touch panel 12A allows selective viewing and
`
`transmission of image data. Id. at pg. 7, ll. 38 – pg. 8, ll. 4; pg. 9, ll. 30 - pg. 10, ll.
`
`36. Particularly, Nagai describes that selection of image data for viewing and
`
`transmission is made by a user via a touch panel interface, which then leads to
`
`retrieval of the selected image from the memory 23. Id. at pg. 9, ll. 30 – pg. 10, ll.
`
`13. Nagai also discloses a “through-screen display state” in which the monitor 14
`
`is used to frame an image to be captured. Id. at pg. 3, ll. 37-44, pg. 8, ll. 39-44; pg.
`
`9, ll. 6-13; Fig. 7. Therefore, it is my opinion that Nagai discloses “a display for
`
`displaying an image framed by the camera, the display being supported by the
`
`housing, the display and the electronic camera being commonly movable in the
`
`housing when the housing is moved by hand” and “a user interface for enabling a
`
`user to select the image data signal for viewing and transmission” as required by
`
`claim 1. Claim 6 additionally requires that the display allows viewing of
`21
`
`
`
`Sony, Ex. 1003, p.21
`
`
`
`alphanumeric signals. As explained with regard to claim 3 below (which I
`
`incorporate herein by reference), Nagai meets this limitation either alone or in
`
`combination with Lemelson. See id. at pg. 7, ll. 3-8, pg. 7, ll. 3; pg. 8, ll. 43-44;
`
`pg. 11, ll. 39-40, Fig. 10; Lemelson at 9:23-37, 14:55-15:6. Therefore, it is my
`
`opinion that Nagai, either alone or in combination with Lemelson, discloses “a
`
`display window for viewing the manually input alphanumeric signals” and “a user
`
`interface for enabling a user to selectively display the digitized framed image in the
`
`display window and subsequently transmit the digitized framed image over the
`
`cellular telephone network” as required by claim 6. Claim 12 additionally requires
`
`that the display enable viewing of captured images prior to storage in the memory.
`
`As explained with relation to claim 2 (which I incorporate herein by reference),
`
`Nagai discloses this limitation. Nagai at pg. 3, ll. 37-44, pg. 8, ll. 39-44; pg. 9, ll.
`
`6-13; Fig. 7. Therefore, it is my opinion that Nagai discloses “a display supported
`
`in the housing for framing an image to be captured and for viewing the image,
`
`whereby an operator can view and frame the image prior to capture” as required by
`
`claim 12.
`
`(e)
`
`Processor (Claim elements 1d, 6f, and 12c)
`
`42. Claims 1, 6, 12 describe a processor which generates an image data
`
`signal representing the image framed by the camera. Nagai discloses that the
`
`microcomputer 10 “performs system management of the entire electronic still
`
`
`
`22
`
`Sony, Ex. 1003, p.22
`
`
`
`camera.” Nagai at pg. 7, ll. 2-4. Therefore, the microcomputer 10 controls the
`
`operation of image capturing, processing, and generation. Nagai also discloses a
`
`signal processing circuit 4 and an A/D converter 3. The A/D converter converts
`
`analog signals from the CCD and sends the corresponding digital signal to
`
`processing circuit 4 to create a digital image signal. Id. at pg. 2, ll. 20-23; pg. 3, ll.
`
`33-37; pp. 6, ll. 33-42, pg. 7, ll. 24-31. While either microcomputer 10 or
`
`processing circuit 4 satisfy the processor limitation of claim 1, one of skill in the
`
`art would also understand that these two components could be integrated into a
`
`single processor. Indeed, the trend in digital electronics over the last thirty years
`
`has been the replacement of discrete components initially built for speed with a
`
`single general purpose processor. Because a general purpose processor is
`
`programmable, it was well known at the time of the invention that a processor
`
`could be programmed to perform several functions that years prior would have
`
`been performed by discrete components. Because the function of a general
`
`purpose processor could be modified in software, the programmability feature of
`
`the general purpose processor eliminated the extra costs associated with designing
`
`function-specific hardware while maintaining operational flexibility. Such
`
`processors also took up less space on the circuit board as compared to several
`
`discrete circuits that performed the same set of functions. By the time of the
`
`invention, the significant increase in speed offered by general purpose processors
`
`
`
`23
`
`Sony, Ex. 1003, p.23
`
`
`
`eliminated the benefit traditionally offered by the discrete components. Thus, one
`
`of skill in the art would have appreciate
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