`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMlVHSSIONER FOR PATENTS
`PO. Box 1450
`Alexandria1 Virginia 22313-1450
`www.uspto.gov
`
`APPLICATION NO.
`
`11/617,509
`
`ISSUE DATE
`
`01/05/2010
`
`67589
`
`7590
`
`12/16/2009
`
`MOORE LANDREY
`1609 SHOAL CREEK BLVD
`SUITE 100
`AUSTIN, TX 78701
`
`PATENT NO.
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`7643168
`
`06—0719
`
`4247
`
`The projected patent number and issue date are specified above.
`
`ISSUE NOTIFICATION
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment is 134 day(s). Any patent to issue from the above—identified application will
`include an indication of the adjustment on the front page.
`
`If a Continued Prosecution Application (CPA) was filed in the above—identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information
`Retrieval (PAIR) WEB site (http://pair.uspto. gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the
`Office of Patent Legal Administration at (571)—272—7702. Questions relating to issue and publication fee
`payments should be directed to the Application Assistance Unit (AAU) of the Office of Data Management
`(ODM) at (571)-272-4200.
`
`APPLICANT(S) (Please see PAIR WEB site http://pair.uspto. gov for additional applicants):
`
`David A Monroe, San Antonio, TX;
`
`IR103 (Rev, 10/09)
`
`Kyocera EX. 1004
`p. 1
`
`Kyocera Ex. 1004
`p. 1
`
`

`

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`Kyocera Ex. 1004
`
`Kyocera Ex. 1004
`p. 2
`
`
`
`
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`
`
`
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`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`Electronic Patent Application Fee Transmittal
`
`Application Number:
`
`11617509
`
`Filing Date:
`
`28-Dec-2006
`
`T't'e °f Inventwn‘
`
`APPARATUS FOR CAPTURING, CONVERTING AND TRANSMI'I'I'ING A VISUAL
`IMAGE SIGNAL VIA A DIGITAL TRANSMISSION SYSTEM
`
`First Named Inventor/Applicant Name:
`
`David A Monroe
`
`Attorney Docket Number:
`
`06-0719
`
`Filed as Large Entity
`
`Utility under 35 USC111(a) Filing Fees
`
`Description
`
`Fee Code
`
`Quantity
`
`Sub-Total in
`USD($)
`
`
`
`Basic Filing:
`
`Pages:
`
`Claims:
`
`Miscellaneous-Filing:
`
`Patent-Appeals-and-lnterference:
`
`Post-Al|owance-and-Post-lssuance:
`
`Utility Appl issue fee
`
`Publ. Fee- early, voluntary, or normal
`
`1501
`
`1504
`
`1510
`
`300
`
`1
`
`1510
`
`Kyocera Ex. 1004
`p. 3
`
`

`

`.
`
`.
`
`Miscellaneous:
`
`1810
`
`Total in USD (5)
`
`_
`
`Sub-Total in
`
`Kyocera Ex. 1004
`p. 4
`
`Kyocera Ex. 1004
`p. 4
`
`

`

`Electronic Acknowledgement Receipt
`
`International Application Number: —
`
`
`
`T't'e °f Inventwn‘
`
`APPARATUS FOR CAPTURING, CONVERTING AND TRANSMI'I'I'ING A VISUAL
`IMAGE SIGNAL VIA A DIGITAL TRANSMISSION SYSTEM
`
`First Named Inventor/Applicant Name:
`
`Application Type:
`
`Utility under 35 USC111(a)
`
`Payment information:
`
`Payment Type
`
`DepOSIt Account
`
`Payment was successfully received in RAM
`
`
`
`File Listing:
`
`Document
`Number
`
`Document Descri
`
`tion
`
`p
`
`Pages
`Multi
`File Size(Bytes)/
`Message dfiwac- rEl’E'Xlfip .‘fif appl.)
`p.
`
`Kyocera Ex. 1004
`p. 5
`
`

`

`Issue Fee Payment (PTO-85B)
`
`feetrans.pdf
`
`332913
`
`3f6a1b7d298ed561825a0d84402d4e9b8c
`5b2ff
`
`Fee Worksheet (PTO-875)
`
`fee-info.pdf
`
`2895ed43e36b56673d47cc9ea335def7da6
`7049a
`
`Information:
`
`
`
`New International Application Filed with the USPTO as a Receiving Office
`lfa new international application is being filed and the international application includes the necessary components for
`an international filing date (see PCT Article 11 and MPEP 1810), a Notification of the International Application Number
`and ofthe International Filing Date (Form PCT/RO/105) will be issued in due course, subject to prescriptions concerning
`national security, and the date shown on this Acknowledgement Receipt will establish the international filing date of
`the application.
`
`This Acknowledgement Receipt evidences receipt on the noted date by the USPTO ofthe indicated documents,
`characterized by the applicant, and including page counts, where applicable. It serves as evidence of receipt similar to a
`Post Card, as described in MPEP 503.
`
`New Applications Under 35 U.S.C. 111
`lfa new application is being filed and the application includes the necessary components for a filing date (see 37 CFR
`1.53(b)-(d) and MPEP 506), a Filing Receipt (37 CFR 1.54) will be issued in due course and the date shown on this
`Acknowledgement Receipt will establish the filing date of the application.
`
`National Stage of an International Application under 35 U.S.C. 371
`lfa timely submission to enter the national stage of an international application is compliant with the conditions of 35
`U.S.C. 371 and other applicable requirements a Form PCT/DO/EO/903 indicating acceptance of the application as a
`national stage submission under 35 U.S.C. 371 will be issued in addition to the Filing Receipt, in due course.
`
`Kyocera Ex. 1004
`p. 6
`
`Kyocera Ex. 1004
`p. 6
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 223 1 3- 1450
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`MOORE LANDREY
`1609SH0ALCREEKBLVD
`SUITE 100
`
`AUSTIN, TX 78701
`
`SAFAIPOUR, HOUSHANG
`
`2625
`
`DATE MAILED: 11/16/2009
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`06—0719
`David A Monroe
`12/28/2006
`11/617,509
`TITLE OF INVENTION: APPARATUS FOR CAPTURING, CONVERTING AND TRANSMITTING A VISUAL IMAGE SIGNAL VIA A DIGITAL
`TRANSMISSION SYSTEM
`
`4247
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`nonprovisional
`
`NO
`
`$1510
`
`$300
`
`$0
`
`$1810
`
`DATE DUE
`
`02/16/2010
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`PROSECUTION fl THE MERITS E CLOSED. THIS NOTICE OF ALLOWANCE IS NOT A GRANT OF PATENT RIGHTS.
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
`
`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED.
`THIS
`STATUTORY PERIOD CANNOT fl EXTENDED.
`SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES
`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION.
`IF AN ISSUE FEE HAS
`PREVIOUSLY BEEN PAID IN THIS APPLICATION (AS SHOWN ABOVE), THE RETURN OF PART B OF THIS FORM
`WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`DUE.
`
`HOW TO REPLY TO THIS NOTICE:
`
`I. Review the SMALL ENTITY status shown above.
`
`If the SMALL ENTITY is shown as YES, verify your current
`SMALL ENTITY status:
`
`If the SMALL ENTITY is shown as NO:
`
`A. If the status is the same, pay the TOTAL FEE(S) DUE shown
`above.
`
`A. Pay TOTAL FEE(S) DUE shown above, or
`
`B. If the status above is to be removed, check box 5b on Part B -
`Fee(s) Transmittal and pay the PUBLICATION FEE (if required)
`and twice the amount of the ISSUE FEE shown above, or
`
`B. If applicant claimed SMALL ENTITY status before, or is now
`claiming SMALL ENTITY status, check box 5a on Part B - Fee(s)
`Transmittal and pay the PUBLICATION FEE (if required) and 1/2
`the ISSUE FEE shown above.
`
`II. PART B - FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). If you are charging the fee(s) to your deposit account, section "4b"
`of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a
`request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing
`the paper as an equivalent of Part B.
`
`III. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
`Mail Stop ISSUE FEE unless advised to the contrary.
`
`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
`maintenance fees. It is patentee's responsibility to ensure timely payment of maintenance fees when due.
`
`PTOL—85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`P
`
`age
`
`1
`
`f
`0 3
`
`Kyocera EX. 1004
`p.7
`
`Kyocera Ex. 1004
`p. 7
`
`

`

`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: M_ail Mail Stop ISSUE FEE
`Commissioner for Patents
`PO. Box 1450
`Alexandria, Virginia 22313-1450
`or m (571)-273-2885
`through 5 should be completed where
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required). Blocks 1
`propriate. All further correspondence including the Patent, advance orders and notification of maintenance fees will be mailed to the current correspondence address as
`fpdjlcated unless corrected below or directed otherwise in Block 1, by (a) specifying a new correspondence address; and/or (b) indicating a separate "FEE ADDRESS" for
`maintenance fee notifications.
`
`CURRENT CORRESPONDENCE ADDRESS (Note: Use Block 1 for any change ofaddress)
`
`67589
`
`7590
`
`ll/l6/2009
`
`MOORE LANDREY
`1609 SHOAL CREEK BLVD
`SUITE 100
`AUSTIN, TX 78701
`
`Note: A certificate of mailin can only be used for domestic mailings of the
`Fee(()5)Transmittal. This certi icate cannot be used for any other accompanying
`fiapers. Each additional paper such as an assignment or formal drawing, must
`ave lts own certificate of mailing or transmission.
`
`Certificate of Mailing or Transmission
`I hereby cerltify that tllisflFee(fsf) Transmittal isf being deiposited 1with the Uliited
`States Posta Service wi
`su icient postage or
`irst c ass mai
`in an enve ope
`addressed to the Mail Stop ISSUE FEE address above, or being facsimile
`transmitted to the USPTO (571) 273—2885, on the date indicated below.
`(Depositors name)
`
`
`
`(Signature)
`
`(Date)
`
`06-0719
`David A Monroe
`12/28/2006
`11/617,509
`TITLE OF INVENTION: APPARATUS FOR CAPTURING, CONVERTING AND TRANSMITTING A VISUAL IMAGE SIGNAL VIA A DIGITAL
`TRANSMISSION SYSTEM
`
`4247
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`$1510
`
`$300
`
`$1810
`
`02/16/2010
`
`SAFAIPOUR, HOUS HANG
`
`2625
`
`358—474000
`
`1. Change of correspondence address or indication of "Fee Address" (37
`CFR 1.363).
`3 Change of correspondence address (or Change of Correspondence
`Address rom PTO/SB/122) attached.
`3 "Fee Address" indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03—02 or more recent) attached. Use of a Customer
`Vumber is required.
`
`
`
`
`
`2. For printing on the patent front page, list
`(1) the names of up to 3 registered patent attorneys
`1
`or agents OR, alternatively,
`(2) the name of a single firm (having as a member a
`2
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. If no name is
`listed, no name will be printed.
`
`
`
`3
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`If an assignee is identified below, the document has been filed for
`PLEASE NOTE: Unless an assignee is identified below, no assignee data will appear on the patent.
`recordation as set forth in 37 CFR 3.11. Completion of this form is NOT a substitute for filing an assignment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) :
`
`'3 Individual
`
`'3 Corporation or other private group entity '3 Government
`
`4a. The following fee(s) are submitted:
`3 Issue Fee
`
`3 Publication Fee (No small entity discount permitted)
`3 Advance Order — # of Copies
`
`
`
`4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
`3 A check is enclosed.
`
`3 Payment by credit card. Form PTO—2038 is attached.
`3 The Director is hereby authorized to charge the required fee(s), any deficiency, or credit any
`overpayment, to Deposit Account Number
`(enclose an extra copy of this form).
`
`
`
`5. Change in Entity Status (from status indicated above)
`:I b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR 1.27(g)(2).
`:I a. Applicant claims SMALL ENTITY status. See 37 CFR 1.27.
`NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other party in
`interest as shown by the records of the United States Patent and Trademark Office.
`
`Authorized Signature
`
`Typed or printed name
`
`
`Date
`
`Registration No.
`
`This collection of informationls required by 37 CFR 1.311. The informationls re uired to obtain or retain a benefit by the public whichls to file (and by the USPTO to process)
`an application. Confidentialityls governedby 35 U.S.C. 122 and 37 CFR 1d14. T is collectionls estimated to take 12 minutes to complete, including gathering, preparlng, and
`submitting the completed application form to the USPTO. Time will v
`eendin upon_ the individual case. Any comments on the amount of time you require to complete
`this form and/or suggestions for reducillg this burden, should be sent toaltfllfljiCef In ormation Officer, U.S. Patent and Trademark Office, U.S. Department of Commerce, P.O.
`Box 1450, Alexandria, Virginia 22313— 1450. DO NOT SEND FEES OR COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissioner for Patents, PO. Box 1450,
`Alexandria, Virginia 22313—1450.
`Under the Paperwork Reduction Act of 1995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`
`PTOL—85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`OMB 0651—0033
`
`Kyocera Ex. 1004
`U.S. Patent and Trademark Office;.S. DEPARTMENTp-Og COMMERCE
`
`Kyocera Ex. 1004
`p. 8
`
`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 223 1 3- 1450
`www.uspto.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`11/617,509
`
`12/28/2006
`
`David A Monroe
`
`06—07 19
`
`4247
`
`MOORE LANDREY
`1609SH0ALCREEKBLVD
`
`SUITE 100
`AUSTIN’ TX 78701
`
`SAFAIPOUR, HOUSHANG
`
`2625
`DATE MAILED: 11/16/2009
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment to date is 134 day(s). If the issue fee is paid on the date that is three months after the
`mailing date of this notice and the patent issues on the Tuesday before the date that is 28 weeks (six and a half
`months) after the mailing date of this notice, the Patent Term Adjustment will be 134 day(s).
`
`If a Continued Prosecution Application (CPA) was filed in the above—identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information Retrieval
`(PAIR) WEB site (http://pair.uspto.gov).
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571)—272—7702. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of
`the Office of Patent Publication at
`1—(888)—786—0101
`or
`(571)-272-4200.
`
`PTOL—85 (Rev. 08/07) Approved for use through 08/31/2010.
`
`P
`
`f
`age3° 3
`
`Kyocera EX. 1004
`p.9
`
`Kyocera Ex. 1004
`p. 9
`
`

`

`
`
`Notice of Allowability
`
`Application No.
`
`Applicant(s)
`
`11/617,509
`Examiner
`
`MONROE, DAVID A
`Art Unit
`
`HOUSHANG SAFAIPOUR
`
`2625
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address--
`All claims being allowable, PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from issue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. IXI This communication is responsive to RCE filed on 10/20/2009.
`
`2. IZI The allowed claim(s) is/are 43—73.
`
`3. El Acknowledgment is made ofa claim forforeign priority under 35 U.S.C. § 119(a)—(d) or (f).
`a) D All
`b) D Some*
`0) El None
`of the:
`
`1. El Certified copies of the priority documents have been received.
`
`2. El Certified copies of the priority documents have been received in Application No.
`
`3. I] Copies of the certified copies of the priority documents have been received in this national stage application from the
`
`International Bureau (PCT Rule 17.2(a)).
`
`* Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE” of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`4. D A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER’S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`
`5. El CORRECTED DRAWINGS (as “replacement sheets”) must be submitted.
`(a) I] including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO-948) attached
`
`
`1) D hereto or 2) I] to Paper No./Mai| Date
`
`(b) I] including changes required by the attached Examiner’s Amendment / Comment or in the Office action of
`
`Paper No./Mai| Date
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6. El DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must be submitted. Note the
`attached Examiner’s comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. IX Notice of References Cited (PTO-892)
`
`2. El Notice of Draftperson's Patent Drawing Review (PTO-948)
`
`3. IX Information Disclosure Statements (PTO/SB/O8),
`Paper No./Mai| Date
`4. I] Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. El Notice of Informal Patent Application
`
`6. El Interview Summary (PTO-413),
`Paper No./Mai| Date
`.
`7. IX Examiner's Amendment/Comment
`
`8. X Examiner's Statement of Reasons for Allowance
`
`9. D Other
`
`.
`
`/Houshang Safaipour/
`
`Primary Examiner, Art Unit 2625 U.S. Patent and Trademark Office
`
`PTOL-37 (Rev. 08-06)
`
`Notice of Allowability
`
`Part of Paper No./Mai| Date 20091107
`Kyocera Ex. 1004
`p. 10
`
`
`
`Kyocera Ex. 1004
`p. 10
`
`

`

`Application/Control Number: 1 1/617,509
`
`Page 2
`
`Art Unit: 2625
`
`EXAMINER ’S AMENDMENT
`
`1.
`
`An examiner’s amendment to the record appears below. Should the changes
`
`and/or additions be unacceptable to applicant, an amendment may be filed as provided by CFR
`
`1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the
`
`payment of issue fee.
`
`Authorization to amend the claims was given in telephone interview with Jeffrey D. Hunt
`
`(Registration No. 38,189) on August 12, 2009.
`
`In the claims:
`
`62. (currently amended) The apparatus according to claim 62 fl and fiarther comprising:
`
`the first housing section being supported for pivotal movement relative to the second housing
`
`section about a pivot axis.
`
`74.
`
`Canceled
`
`75.
`
`Canceled
`
`76.
`
`Canceled
`
`/Houshang Safaipour/
`Primary Examiner, Art Unit 2625
`
`Kyocera Ex. 1004
`p. 11
`
`Kyocera Ex. 1004
`p. 11
`
`

`

`Application/Control Number: 1 l/6l7,509
`
`Page 3
`
`Art Unit: 2625
`
`DETAILED ACTION
`
`Continued Examination Under 3 7 CFR 1.114
`
`1.
`
`A request for continued examination under 37 CFR 1.1 14, including the fee set forth in
`
`37 CFR l.l7(e), was filed in this application after allowance or after an Office action under Ex
`
`Parte Quayle, 25 USPQ 74, 453 O.G. 2l3 (Comm'r Pat. 1935). Since this application is eligible
`
`for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR l.l7(e) has been
`
`timely paid, prosecution in this application has been reopened pursuant to 37 CFR l.ll4.
`
`Applicant's submission filed on 10/20/2009 has been entered.
`
`Reasons or Allowance
`
`2.
`
`3.
`
`4.
`
`Claims 1-42 and 74-76 are canceled.
`
`Claims 43-73 are allowed.
`
`This is examiner’s statement of reasons for allowance.
`
`Regarding claims 43-73, the prior art, either singularly or in combination, does not teach
`
`or suggest an apparatus comprising:
`
`a portable housing, the portable housing being wireless:
`
`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;
`
`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,
`
`Kyocera Ex. 1004
`p. 12
`
`Kyocera Ex. 1004
`p. 12
`
`

`

`Application/Control Number: 1 l/6l7,509
`
`Page 4
`
`Art Unit: 2625
`
`an input device supported by the portable housing, the input device being operable by the
`
`user;
`
`operation of the input device by the user enabling the memory to retain the visual image
`
`data in digital format, the memory being suitable to provide retained visual image data in digital
`
`format;
`
`media supported by the portable housing, the media being suitable to embody at least one
`
`compression algorithm;
`
`at least one processing platform supported by the portable housing, the at least one
`
`processing platform being operable to execute the at least one compression algorithm, the at least
`
`one processing platform being provided the retained visual image data in digital format,
`
`execution of the at least one compression algorithm providing compressed visual image data;
`
`a display supported by tile portable housing, the 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 the visual image data in digital format;
`
`a mobile phone supported by the portable housing, the mobile phone being operable to
`
`send to a remote recipient a wireless transmission, the wireless transmission conveying the
`
`compressed digital image data; and
`
`movement by the user of the portable housing commonly moving the image collection
`
`device,
`
`movement by the user of the portable housing commonly moving the display.
`
`The features identified, in combination with other claim limitations, are neither suggested
`
`nor discussed by the prior art of record.
`
`Kyocera Ex. 1004
`p. 13
`
`Kyocera Ex. 1004
`p. 13
`
`

`

`Application/Control Number: 1 l/6l7,509
`
`Page 5
`
`Art Unit: 2625
`
`Any comments considered necessary by applicant must be submitted no later than the
`
`payment of the issue fee and, to avoid processing delays, should preferably accompany the issue
`
`fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for
`
`Allowance.”
`
`Contact Information
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to HOUSHANG SAFAIPOUR whose telephone number is
`
`(571)272-7412. The examiner can normally be reached on Mon-Fri. from 6:00am to 2:30pm.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Edward Coles can be reached on (571)272-7402. The fax phone number for the
`
`organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair-direct.uspto. gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would
`
`like assistance from a USPTO Customer Service Representative or access to the automated
`
`information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/Houshang Safaipour/
`Primary Examiner, Art Unit 2625
`
`Kyocera Ex. 1004
`p. 14
`
`Kyocera Ex. 1004
`p. 14
`
`

`

`
`
`Application/Control No.
`
`11/617,509
`Examiner
`
`HOUSHANG SAFAIPOUR
`U.S. PATENT DOCUMENTS
`
`Applicant(s)/Patent Under
`Reexamination
`MONROE, DAVID A
`Art Unit
`
`2625
`
`Page 1 0“
`
`Notice of References Cited
`
`Document Number
`Country Code-Number-Kind Code
`
`Date
`MM-YYYY
`
`Classification
`
`
`cccccccccccc‘P‘P‘P‘P‘P‘P‘P‘P‘P
`
`
`
`NON-PATENT DOCUMENTS
`
`Include as applicable: Author, Title Date, Publisher, Edition or Volume, Pertinent Pages)
`
`- U
`
`S—6,035,212
`
`S—6,243,056
`
`S—6,036,086
`
`US—5,550,646
`
`03-2000
`
`06-2001
`
`03-2000
`
`08-1996
`
`Rostoker et aI.
`
`Jachimowicz et aI.
`
`Sizer et aI.
`
`Hassan et aI.
`
`455/5521
`
`345/82
`
`235/375
`
`358/442
`
`Document Number
`Country Code-Number-Kind Code
`
`Um,_..(D
`MM-YYYY
`
`Country
`
`FOREIGN PATENT DOCUMENTS
`
`Classification
`
`
`
`
`
`*A copy of this reference is not being furnished with this Office action. (See MPEP § 707.05(a).)
`Dates in MM-YYYY format are publication dates. Classifications may be US or foreign.
`U.S. Patent and Trademark Office
`
`PTO-892 (Rev. 01-2001)
`
`Notice of References Cited
`
`Part of Paper No. 20091107
`
`Kyocera Ex. 1004
`p. 15
`
`Kyocera Ex. 1004
`p. 15
`
`

`

`Application/Control No.
`
`2625
`HOUSHANG SAFAIPOUR
`
`
`
`
`
`Applicant(s)lPatent Under
`Reexamination
`
`Index of Claims
`MONROE, DAVID A
`11617509
`
`
`
`Art Unit
` Examiner
`
`
`
`
`
`
`
`Appeal II— a
`
`Rejected I Cancelled
`Allowed
`fl Restricted
`
`fl
`
`n Non-Elected
`
`El Claims renumbered in the same order as presented by applicant
`
`El CPA
`
`El T.D.
`
`El R.1.47
`
`DATE
`CLAIM
`
`
`Final
`
`1
`
`
`
`
`
`_
`
`_
`
`_
`
`12/06/2008 08/15/2009 11/07/2009I...-
`
` N
`
`01-50:
`
`_———_____
`_———_____
`_———_____
`n————————
`_———_____
`
`
`
`8 9 1
`
`0 _
`
`———_____
`_———_____
`_———_____
`_———_____
`_———_____
`
`16
`
`17
`18
`
`_———_____
`_———_____
`_———_____
`_———_____
`_———_____
`
`24
`
`25
`26
`
`_———_____
`_———_____
`_———_____
`_———_____
`_———_____
`
`32
`33
`34
`
`_———_____
`_———_____
`U.S. Patent and Trademark Office
`Part of Paper No. : 20091107
`
`Kyocera Ex. 1004
`p. 16
`
`Kyocera Ex. 1004
`p. 16
`
`

`

`Application/Control No.
`
`2625
`HOUSHANG SAFAIPOUR
`
`
`
`
`
`Applicant(s)lPatent Under
`Reexamination
`
`Index of Claims
`MONROE, DAVID A
`11617509
`
`
`
`Art Unit
` Examiner
`
`
`
`
`
`
`
`Appeal II— a
`
`Rejected I Cancelled
`Allowed
`fl Restricted
`
`fl
`
`n Non-Elected
`
`El Claims renumbered in the same order as presented by applicant
`
`El CPA
`
`El T.D.
`
`El R.1.47
`
`DATE
`CLAIM
`
`Final
`Original
`12/06/2008 08/15/2009 11/07/2009
`
`37
`-
`-
`_
`38
`—
`—
`—
`
`_———_____
`_———_____
`_———_____
`_———_____
`<\
`__——_____
`
`44
`45
`46
`
`xxx
`xx
`
`\ x
`
`13 __——_____
`14 __——_____
`\
`a
`__——_____
`is —————————
`17—————————
`
`18
`60
`‘/
`
`19
`61
`‘/
`20
`62
`‘/
`
`21—————————
`<\
`NN
`__——_____
`23 __——_____
`24 n————————
`2s —————————
`
`26
`68
`‘/
`
`27
`69
`‘/
`28
`70
`‘/
`
`29 —————————
`<\
`30 __——_____
`U.S. Patent and Trademark Office
`Part of Paper No. : 20091107
`
`Kyocera Ex. 1004
`p. 17
`
`
`
`©GDNO'JU‘l-thA
`
`8
`
`A N
`
`__——_____
`__——_____
`xx
`__——_____
`__——_____
`__——_____
`52
`53
`54
`
`xx
`
`
`
`Kyocera Ex. 1004
`p. 17
`
`

`

`Application/Control No.
`
`2625
`HOUSHANG SAFAIPOUR
`
`
`
`
`Applicant(s)lPatent Under
`Reexamination
`
`
`Index of Claims
`11617509
`MONROE, DAVID A
`
`
`
`Examiner
`Art Unit
`
`
`
`
`
`
`
`Appeal
`
`
`
`Rejected I Cancelled n Non-Elected
`Allowed
`fl Restricted _ a Objected
`
`fl
`
`El Claims renumbered in the same order as presented by applicant
`
`El CPA
`
`El T.D.
`
`El R.1.47
`
`
`Original
`12/06/2008 08/15/2009 11/07/2009
`73
`\/
`:
`:
`74
`-
`-
`
`__——_____
`__——_____
`
`U.S. Patent and Trademark Office
`
`Part of Paper No. : 20091107
`
`Kyocera Ex. 1004
`p. 18
`
`Kyocera Ex. 1004
`p. 18
`
`

`

`Issue Classrflcatlon 11617509
`
`MONROE, DAVID A
`
`Application/Control No.
`
`Applicant(s)/Patent Under Reexamination
`
`"ml"
`
`||
`
`||
`
`Examiner
`
`HOUSHANG SAFAIPOUR
`
`Art Unit
`
`2625
`
`ORIGINAL
`
`INTERNATIONAL CLASSIFICATION
`
`SUBCLASS
`
`I.Z a mD
`
`NON-CLAIMED
`
`1.15
`
`1 /00 (2006.01.01)
`3/ 12 (2006.01.01)
`CROSS REFERENCE(S)
`
`358
`
`SUBCLASS (ONE SUBCLASS PER BLOCK)
`4
`O0)
`407
`
`ON
`
`El
`
`Claims renumbered in the same order as presented by applicant
`
`[I
`
`[I
`
`T.D.
`
`El
`
`R.1.47
`
`
`
`
`
`
`
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`Original
`Final
`
`497_\ 23 65
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`_\ O3
`
`
`
` LOmeU‘I-fiwN
`
`_\ U‘l
`
`
`
`
`
`_\ O
`_\ _\
`_\ N
`_\ OJ
`_\ .3;
`
`(Assistant Examiner)
`/HOUSHANG SAFAIPOUR/
`Primary Examiner.Art Unit 2625
`
`Total Claims Allowed:
`
`31
`
`11/7/2009
`
`O.G. Print Claim(s)
`
`O.G. Print Figure
`
`(Primary Examiner)
`U.S. Patent and Trademark Office
`
`(Date)
`
`1
`
`6A & BB
`Part of Paper No. 20091107
`
`Kyocera Ex. 1004
`p. 19
`
`Kyocera Ex. 1004
`p. 19
`
`

`

`
`
`Application/Control No.
`
`Search Notes
`
`111617509
`
`Applicant(s)lPatent Under
`Reexamination
`
`MONROE, DAVID A
`
`
`
`
`
`
`
`ExamIner
`
`Art UnIt
`
`HOUSHANG SAFAIPOUR
`
`2625
`
`
`
`SEARCHED
`
`
`Examiner
`
`Date
`Subclass
`Class
`
`358
`1.15, 402, 403, 407, 442, 468, 474
`12/5/08
`HS
`
`SEARCH NOTES
`
`
`
`
`Search Notes
`
`12/5/08
`
`Examiner
`
`HS
`8/15/09
`Inventor search performed
`HS
`8/15/09
`Interference search performed
`
`
`INTERFERENCE SEARCH
`
` _ 1 15 402 403 407
`
`—_ma_-m_-m
`8/15/09
`
`U.S. Patent and Trademark Office
`
`Kydtgépfi’fix _Nclr 061490718
`p. 20
`
`Kyocera Ex. 1004
`p. 20
`
`

`

`3 3617599 "Wiggfigg
`Doc code: IDS
`Approved for use through 07131/2012. OMB 0651-0031
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`
`
`Application Number
`11617509
`
`IN FORMATION DISCLOSU RE
`STATEMENT BY APPLICANT
`
`( Not for submission under 37 CFR 1.99)
`
`
`Filing Date
`2006-12-28
`First Named Inventor
`David A Monroe
`
`Art Unit
`|2625
`
`
`
`
`
`
`
`
`Examiner Name
`Houshang Safaipour
`Attorney Docket Number
`|06-0719
`
`
`
`
`U.S.PATENTS
`_
`
`.
`Pages,Columns,Lines where
`.
`.
`.
`Name Of Patentee or Applicant Relevant Passages or Relevant
`Issue Date
`Kmd
`ENamJner C'te Patent Number
`Initial
`No
`Code1
`of Cited Document
`.
`Figures Appear
`
`
`1
`
`5136628
`
`1992-08-04
`
`Araki et al.
`
`
`
`2
`
`5164979
`
`1992-11-17
`
`Choi et al.
`
`
`
`3
`
`5400068
`
`1995-03-21
`
`Ishida et al.
`
`
`
`4
`
`7372447
`
`2008-05-13
`
`Jacobson et al.
`
`
`
`5
`
`5042061
`
`1991-08-20
`
`Kaneke et al.
`
`
`
`6
`
`7
`
`5465504
`
`1996-01-16
`
`Ohnsorge
`
`7310072
`
`2007-12-18
`
`Ronzani
`
`
`
`If you wish to add additional US. Patent citation information please click the Add button.
`Add
`U.S.PATENT APPLICATION PUBLICATIONS _
`
`EFSWeb2.1.16
`
`ALI. REFERENCES CONSIDERED EXCEPT WHERE WEéBa’EfiRWGH.
`p. 21
`
`/I—-I.$./'
`
`Kyocera Ex. 1004
`p. 21
`
`

`

`
`
`
`Application Number
`11617509
`I 3617599 ~ GAUZ 2625
`
`
`Filing Date
`2006-12-28
`
`David A Monroe
`First Named Inventor
`
`
`
`
`INFORMATION DISCLOSURE
`
`STATEMENT BY APPLICANT
`
`( Not for submission under 37 CFR 1.99)
`
`Art Unit
`| 2625
`Examiner Name
`Houshang Safaipour
`Attorney Docket Number
`I 06-0719
`
`
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`Name of Patentee or Applicant
`of cited Document
`
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`Pages,Columns,Lines where
`Relevant Passages or Relevant
`Figures Appear
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