UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`___________________________________________
`
`KYOCERA COMMUNICATIONS, INC.
`Petitioners
`
`v.
`
`E-WATCH, INC.
`Patent Owner
`
`______________________
`
`INTER PARTES REVIEW OF U.S. PATENT NO. 7,643,168
`______________________
`
`
`DECLARATION OF ROBERT MICHAEL GUIDASH IN SUPPORT OF
`INSTITUTION OF INTER PARTES REVIEW OF U.S. PATENT NO.
`7,643,168
`
`
`
`Declaration
`
`I declare that all statements made herein on my own knowledge are true and
`that all statements made on information and belief are believed to be true, and
`further, that these statements were made with the knowledge that willful false
`statements and the like so made are punishable by fine or imprisonment, or both,
`under Section 1001 of Title 18 of the United States Code.
`
`
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`
`
`By:____________________________
`
`
`
`Robert Michael Guidash – 12/10/2014
`
`Kyocera Ex. 1009
`
`

`

`
`
`I.
`
`II.
`
`Contents
`
`Professional Background ................................................................................. 6
`
`Relevant Legal Standards ................................................................................ 9
`
`III. Person of Ordinary Skill in the Art ................................................................ 11
`
`IV. Summary of the ’168 Patent .......................................................................... 12
`
`V. Discussion of the File History ....................................................................... 16
`
`VI. Summary of Toshiba...................................................................................... 17
`
`VII. Summary of Hitachi ....................................................................................... 23
`
`VIII. Summary of Kyocera ’081 ............................................................................ 27
`
`IX. Summary of Longginou ................................................................................. 30
`
`X.
`
`Claim Construction ........................................................................................ 32
`
`XI. Claims 1-15 and 19-31 Are Obvious Based on Toshiba in View of
`Hitachi ............................................................................................................ 32
`
`A.
`
`B.
`
`C.
`
`D.
`
`E.
`
`F.
`
`G.
`
`H.
`
`I.
`
`J.
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`Claim 1 ................................................................................................ 34
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`Claim 2 ................................................................................................ 61
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`Claim 3 ................................................................................................ 62
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`Claim 4 ................................................................................................ 63
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`Claim 5 ................................................................................................ 64
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`Claim 6 ................................................................................................ 65
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`Claim 7 ................................................................................................ 66
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`Claim 8 ................................................................................................ 68
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`Claim 9 ................................................................................................ 69
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`Claim 10 .............................................................................................. 71
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`K.
`
`L.
`
`Claim 11 .............................................................................................. 72
`
`Claim 12 .............................................................................................. 74
`
`M. Claim 13 .............................................................................................. 76
`
`N.
`
`O.
`
`P.
`
`Q.
`
`R.
`
`S.
`
`T.
`
`U.
`
`V.
`
`Claim 14 .............................................................................................. 78
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`Claim 15 .............................................................................................. 80
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`Claim 19 .............................................................................................. 81
`
`Claim 20 .............................................................................................. 83
`
`Claim 21 .............................................................................................. 84
`
`Claims 22, 24, 26, and 29 .................................................................... 85
`
`Claim 27 .............................................................................................. 86
`
`Claims 23, 25, 28, and 31 .................................................................... 87
`
`Claim 30 .............................................................................................. 87
`
`XII. Claims 16-18 Are Obvious Based on Toshiba in View of Hitachi in
`View of Longginou ........................................................................................ 88
`
`A.
`
`B.
`
`C.
`
`Claim 16 .............................................................................................. 90
`
`Claim 17 .............................................................................................. 91
`
`Claim 18 .............................................................................................. 92
`
`XIII. Claims 1, 10, 11, 13-15, 21-26, 28, 29, and 31 Are Obvious Based on
`Kyocera ’081 in View of Hitachi .................................................................. 94
`
`A.
`
`B.
`
`C.
`
`Claim 1 ................................................................................................ 95
`
`Claims 22, 24, 26, and 29 .................................................................. 109
`
`Claims 10, 11, 13-15, 21, 23, 25, 28, and 31 .................................... 110
`
`XIV. Claims 2-9, 12, 19, 20, 27, and 30 Are Obvious Based on Kyocera ’081
`in View of Hitachi in View of Toshiba .......................................................110
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`A.
`
`B.
`
`Claims 2-9, 12, 19, 20, and 30 .......................................................... 112
`
`Claim 27 ............................................................................................ 112
`
`XV. Claims 2-9, 12, 19, 20, 27, and 30 Are Obvious Based on Kyocera ’081
`in View of Hitachi in View of Toshiba in View of Longginou ..................113
`
`A.
`
`Claims 16, 17, and 18 ........................................................................ 115 
`
`
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`
`I, R. Michael Guidash, do hereby declare:
`
`1.
`
`I am making
`
`this declaration at
`
`the
`
`request of Kyocera
`
`Communications, Inc. in the matter of the Inter Partes Review of U.S. Patent No.
`
`7,643,168 (“the ’168 patent.”)
`
`2.
`
`I am being compensated for my work in this matter at my standard
`
`hourly rate of $400 for consulting services. My compensation in no way depends
`
`on the outcome of this proceeding.
`
`3.
`
`In preparing this Declaration, I considered the following materials:
`
`
`
`
`
`(a) U.S. Patent No. 7,643,168 to Monroe (Exhibit 1001);
`
`(b) The ’168 patent file history, including the selected portions
`
`identified in Exhibit 1004;
`
`
`
`(c)
`
`Japanese Application Publication No. JP H06-133081A
`
`(“Kyocera ’081”) (Exhibit 1003);
`
`
`
`(d) Japanese Application Publication No. JP H8-65647A (“Toshiba”)
`
`(Exhibit 1005);
`
`
`
`(e)
`
`Japanese
`
`Patent No. Hei8(1996)-315106
`
`(“Hitachi”)
`
`(Exhibit 1006); and
`
`
`
`(f) PCT Publication No. WO 95/23485 (“Longginou”) (Exhibit 1007).
`
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`I.
`
`
`
`4.
`
`Professional Background
`
`Information concerning my professional qualifications, experience,
`
`publications and presentations in the field of display technology in which I have
`
`served as an expert are set forth in my current Curriculum Vitae, attached as
`
`Exhibit A.
`
`5.
`
`I started my career with Eastman Kodak as a product engineer for
`
`Photometer ASIC’s for Kodak film cameras after graduating with a Bachelor of
`
`Science in Electrical Engineering from the University of Delaware in 1981. In
`
`1986, I transferred to the Kodak Research Laboratories and CCD wafer fabrication
`
`facility. During my time with the Kodak Research Laboratories and CCD wafer
`
`fabrication facility, I developed 2µm and 1µm CMOS processes, and a 30V 4µm
`
`BiCMOS process. These processes were used for gate arrays for many Kodak
`
`products and output driver ASICs for all of Kodak’s copiers. During this time, I
`
`was also awarded entrance into the Special Opportunity Graduate Program that
`
`allowed me to obtain a Master’s of Science in Electrical Engineering from the
`
`Rochester Institute of Technology.
`
`6.
`
`In 1989, I transferred to the Smart Sensor Group which developed
`
`BiCMOS-CCD processes to provide fully integrated CCD systems on a chip. I also
`
`served as product engineer and yield enhancement engineer for Kodak’s high
`
`volume CCD’s that were used in digital cameras. During this time, I led product
`
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`delivery and technology development of all ASIC and smart sensor products. I
`
`developed a number of products during this time to include an interline CCD
`
`integrated with 2µm CMOS on the same chip, the world’s 1st pinned photodiode
`
`Active Pixel CMOS Sensor, and linear CCD image sensor with on-chip timing and
`
`control. I also led & directed the CCD dark current and point defect reduction
`
`team.
`
`7.
`
`In 1996, I formally started the CMOS Image Sensor group at Kodak.
`
`From 1996 to 2009, I managed the R&D and product development of CMOS
`
`Image Sensor (CIS) programs. As is further shown in my curriculum vitae, I was
`
`the inventor or co-inventor inventor of many key patents in the field of CMOS
`
`Image
`
`sensors
`
`including Pinned Photodiode Pixels, Camera-on-a-Chip
`
`architecture, and shared amplifier pixel architectures. The technologies and
`
`resulting products were directed at high volume consumer digital cameras, and cell
`
`phone cameras.
`
` Such
`
`technologies and
`
`resulting products
`
`included
`
`implementations of compression and encoding algorithms for images to be
`
`transmitted to remote locations, such as wirelessly via cell phone cameras. During
`
`this time, I led the development of the world’s 1st pinned photodiode CIS,
`
`Megapixel CIS device, and Shared amplifier CIS pixel product and the world’s
`
`first ½ inch optical format 1.3 megapixel CMOS image sensor into mass
`
`production, providing successful delivery to several compact digital camera
`
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`products. I also initiated and directed a cross-functional team including resources
`
`from Motorola and other Kodak organizations to develop a small, low cost image
`
`module for cell phone applications. This effort won the 1997 Team Achievement
`
`Award at Kodak through development of a CIS cell phone camera module.
`
`8.
`
`From 2001 – 2009, I led the development of a 5 megapixel 1.4µm
`
`pixel sensor for improved low light cell phone camera imaging. This included
`
`development of a 3D hybrid stacked BSI CIS architecture directed to reducing the
`
`size and cost of cell phone camera modules. I also initiated and led a cross-
`
`functional camera R&D team directed at CIS and other Kodak technologies for
`
`novel co-optimized cameras and camera sub-systems for cell phones, and digital
`
`cameras.
`
`9.
`
`In 2009, when Kodak closed its CMOS Image Sensor Business, I
`
`transitioned into a role as an intellectual property technologist and coordinator.
`
`This role included patent generation for digital cameras and cell phone cameras,
`
`managing remaining image sensor patent applications and office actions, managing
`
`broad electronic components patent applications and office actions, and providing
`
`technical support for intellectual property sales and licensing teams.
`
`10.
`
`I have since left Kodak and transitioned into a role of providing
`
`technical consulting services for CMOS image sensors. In this role I provide
`
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`consulting services for process, pixels, circuits, sensor architectures, systems and
`
`intellectual property to companies and clients.
`
`II. Relevant Legal Standards
`
`11.
`
`I have been asked to provide my opinion as to whether claims 1-31 of
`
`the ’168 Patent are anticipated or would have been obvious to a person of ordinary
`
`skill in the art at the time of the alleged invention, in view of the prior art.
`
`12.
`
`I am an engineer by training and profession. The opinions I am
`
`expressing in this report involve the application of my engineering knowledge and
`
`experience to the evaluation of certain prior art with respect to the ’168 patent. My
`
`knowledge of patent law is no different than that of any lay person. Therefore, I
`
`have requested the attorneys from Jones Day, who represent Kyocera, to provide
`
`me with guidance as to the applicable patent law in this matter. The paragraphs
`
`below express my understanding of how I must apply current principles related to
`
`patent validity to my analysis.
`
`13.
`
`It is my understanding that in determining whether a patent claim is
`
`anticipated or obvious in view of the prior art, the Patent Office must construe the
`
`claim by giving the claim its broadest reasonable interpretation consistent with the
`
`specification. For the purposes of this review, I have construed each claim term in
`
`accordance with its plain and ordinary meaning under the required broadest
`
`reasonable interpretation.
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`14.
`
`It is my understanding that a claim is anticipated under 35 U.S.C.
`
`§ 102 if each and every element and limitation of the claim is found either
`
`expressly or inherently in a single prior art reference.
`
`15.
`
`It is my understanding that a claim is unpatentable under 35 U.S.C.
`
`§ 103 if the claimed subject matter as a whole would have been obvious to a
`
`person of ordinary skill in the art at the time of the alleged invention. I also
`
`understand that an obviousness analysis takes into account the scope and content of
`
`the prior art, the differences between the claimed subject matter and the prior art,
`
`and the level of ordinary skill in the art at the time of the invention.
`
`16.
`
`In determining the scope and content of the prior art, it is my
`
`understanding that a reference is considered appropriate prior art if it falls within
`
`the field of the inventor’s endeavor. In addition, a reference is prior art if it is
`
`reasonably pertinent to the particular problem with which the inventor was
`
`involved. A reference is reasonably pertinent if it logically would have
`
`commended itself to an inventor’s attention in considering his problem. If a
`
`reference relates to the same problem as the claimed invention, that supports use of
`
`the reference as prior art in an obviousness analysis.
`
`17. To assess the differences between prior art and the claimed subject
`
`matter, it is my understanding that 35 U.S.C. § 103 requires the claimed invention
`
`to be considered as a whole. This “as a whole” assessment requires showing that
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`one of ordinary skill in the art at the time of invention, confronted by the same
`
`problems as the inventor and with no knowledge of the claimed invention, would
`
`have selected the elements from the prior art and combined them in the claimed
`
`manner.
`
`18.
`
`It is my further understanding that the Supreme Court has recognized
`
`several rationales for combining references or modifying a reference to show
`
`obviousness of claimed subject matter. Some of these rationales include:
`
`combining prior art elements according to known methods to yield predictable
`
`results; simple substitution of one known element for another to obtain predictable
`
`results; a predictable use of prior art elements according to their established
`
`functions; applying a known technique to a known device (method or product)
`
`ready for improvement to yield predictable results; choosing from a finite number
`
`of identified, predictable solutions, with a reasonable expectation of success; and
`
`some teaching, suggestion, or motivation in the prior art that would have led one of
`
`ordinary skill to modify the prior art reference or to combine prior art reference
`
`teachings to arrive at the claimed invention.
`
`III. Person of Ordinary Skill in the Art
`
`19.
`
`It is my understanding that when interpreting the claims of the ’168
`
`patent I must do so based on the perspective of one of ordinary skill in the art at the
`
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`relevant priority date. My understanding is that the earliest claimed priority date of
`
`the ’168 patent is January 12, 1998.
`
`20. All of the opinions I express in this Declaration have been made from
`
`the standpoint of a person of ordinary skill in the field of solid state imaging
`
`cameras, also referred to as electronic cameras. This would include so-called
`
`digital still cameras, video cameras, and cell-phone cameras. I have assumed that
`
`the person of ordinary skill in the art would have a bachelor’s degree in electrical
`
`engineering, physics or an equivalent degree, with courses in image capture
`
`devices, image processing, and camera systems technologies, with at least two
`
`years of experience with design and development of electronic cameras.
`
`Alternatively, the person of ordinary skill in the art could have a master’s degree in
`
`electrical engineering, physics or an equivalent degree with at least one year of
`
`experience with design and development of electronic cameras.
`
`21. As of the earliest claimed priority date of the ’168 patent, I met these
`
`criteria and was a person of ordinary skill in the art.
`
`IV. Summary of the ’168 Patent
`
`22. The application for the ’168 Patent was filed on December 28, 2006,
`
`as a continuation of Appl. No. 10/336,470, which was a divisional of Appl. No.
`
`09/006,073 (“the ’073 application”) filed January 12, 1998. The priority date of
`
`the claims of the ’168 Patent is no earlier than January 12, 1998.
`
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`23. Although not explicitly stated in the specification, it is evident from
`
`the ’168 patent that it is directed to solving the problem of transmitting and
`
`receiving image data to/from a remote location using a portable image capture
`
`device.
`
`24. The ’168 Patent describes an image capture, conversion, compression,
`
`storage and transmission system. (Ex. 1001 at Abstract.) The system includes a
`
`camera and a transmission interface, where the camera captures an image that can
`
`be transmitted to another device using cellular transmission, radio signal, satellite
`
`transmission, or hard line telephonic transmission. (Id. 4:58-5:2.) Captured
`
`images can be from a digital camera, an analog camera, or a video camera (e.g., a
`
`camcorder). (Id. 1:37-39.)
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`25. Figure 4 of the ’168 Patent is a block diagram of the image capture,
`
`conversion, compression, storage and transmission system, and illustrates the data
`
`path after an image is captured by the camera 10 and conditioned by the gray scale
`
`bit map 16. (Id. 7:3-48.) That data path includes a memory 46, an optional viewer
`
`48, and a format select interface switch 60 that permits either automated or manual
`
`selection of the image conversion such as half-tone conversion or wavelet
`
`compression and attendant transmitting protocol such as a Group-III facsimile
`
`format, or a PC modem protocol. (Id.) Depending on the selected protocol, the
`
`appropriate signal output is generated and provided to a communications interface
`
`module 83 for transmission. (Id.)
`
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`26.
`
` The ’168 patent discloses three basic physical implementations of the
`
`image capture, conversion, compression, storage and transmission system. The
`
`first is a non-integrated system comprised of a separate camera 10, a separate
`
`conversion-compression-storage system 172, with connections 182, 186 and 188
`
`to separate transmission systems. This is shown in Figure 6C.
`
`27. The second physical implementation is shown in Figure 6B. In this
`
`embodiment the camera 10 and the conversion-compression-storage system are
`
`integrated as a single unit 160.
`
`
`
`
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`28. The third physical implementation is shown in Figure 7A. In this
`
`integrated system embodiment the camera and the conversion-compression-storage
`
`system and transmission system are integrated as a single unit 190, “In addition,
`
`where desired, an integral cellular phone can be incorporated in the camera
`
`housing and transmission can be sent directly from the camera housing to a remote
`
`receiving station. The keypad for the telephone is indicated at 202, (Id. 11:16-20.)
`
`
`
`V. Discussion of the File History
`
`29.
`
`I have reviewed the file history of U.S. Patent Application No.
`
`10/336,470 (the ’470 application), from which the ’168 patent originated.
`
`30. The original examination of the ’168 Patent was brief, with little
`
`substantive remarks by the applicant or Office. A first Office Action response on
`
`January 4, 2008, cancelled all of the filed claims, replacing them with the claims
`
`that correspond to the issued claims. The claims were rejected by the Examiner.
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`Applicant argued that the cited references should be disqualified based on the
`
`declaration provided in the parent application that has since been found to be
`
`deficient. The Examiner then allowed the application. (See Ex. 1004.)
`
`VI. Summary of Toshiba
`
`31. The Toshiba reference is a Japanese Application Publication No. JP
`
`H8-65647A, titled “Mobile Videophone Device”. This patent application was filed
`
`on August 22, 1994 and published on March 8, 1996.
`
`32. Toshiba discloses a series of mobile videophone devices that embody
`
`different ergonomic, battery
`
`life,
`
`image
`
`transmission, and compression
`
`improvements on the traditional cell phone video conferencing and general video
`
`capture use and experience. For example, an embodiment of Figure 14 provides a
`
`mobile videophone device where a camera 302 captures an image of a user’s face
`
`and displays that image in a user display area 301b at the lower right corner of the
`
`display screen 301. (Ex. 1005 at ¶ 0069.) An image of the other party as decoded
`
`from an image signal received by antenna 308 is displayed in display area 301a.
`
`(Id.) The embodiment of Figure 14 includes magnification/adjustment dials 303,
`
`304 on either side of the device for zooming the user’s image at 301b in or out.
`
`The two dials 303, 304 provide easy zooming by a right- or left-handed person.
`
`(Id. at ¶ 0070.)
`
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`33. Figure 19 is a block diagram depicting certain components of a
`
`mobile videophone. Camera 315 takes an image of a user’s face. (Id. at ¶ 0078.)
`
`A pickup image signal output from camera 315 is converted into a digital signal by
`
`A/D converter 316 with preprocessing being performed at 317 and encoding at
`
`318. (Id. at ¶ 0079.)
`
`34. The encoded signal of a face image is transmitted to a videophone of
`
`the other party through multiplexer 319. (Id.) The encoded face image signal also
`
`is sent to decoder 323, post processing is performed at 322, and the image signal is
`
`
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`converted to an analog signal by D/A converter 321 prior to display at 320 for
`
`viewing in display area 301b. (Id. at ¶ 0080.)
`
`35. An encoded face image sent from the other party also is decoded by
`
`decoder 323, processed at 322, converted to an analog format at 321, and sent to
`
`display 320 for viewing in display area 301a. (Id. at ¶ 0081.) A voice produced by
`
`a user is picked up by microphone 319, encoded by voice codec 326, and
`
`transmitted to the other party via multiplexer 319. (Id. at ¶ 0082.) An encoded
`
`voice from the other party is received at 319, decoded at 326, and output through
`
`speaker 328. (Id.) The videophone further includes a battery 324 and an out of
`
`battery detector 325. (Id. at ¶ 0083.)
`
`36. Figure 44 discloses components of a video encoder, such as encoder
`
`318 of Figure 19. One frame of a pickup image signal from a camera is written to
`
`and read from frame memory 501. (Id. at ¶ 0121.) The image signal from the
`
`frame memory 501 is input to encoder 504 through spatiotemporal filter 503. (Id.
`
`at ¶ 0123.) The encoder 504 uses a predictive error technique, informed by a
`
`spatiotemporal filter 503 to generate an encoded signal 505. (Id. at ¶ 0122.)
`
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`37. Another embodiment for improved battery life is disclosed. (Id. at
`
`¶ 0076-0077.) Battery 324 is a rechargeable type and supplies electric power to
`
`each portion of Fig. 19. Out-of-battery detecting portion 325 constantly detects the
`
`remaining power level of this battery 324. And when a remaining power reaches a
`
`predetermined value or lower, out-of-battery portion 325 outputs an interrupt
`
`instruction signal to portions to perform processes related to an image, namely,
`
`display 320, D/A converter 321, postprocessor 322 and decoder 323. Upon
`
`receiving this, decoder 323 stops decoding an encoded image signal from the other
`
`end and an encoded image of its own, and also post processor 322, D/A converter
`
`321 and display 320 stop processing. As a result, display 320 transitions to
`
`displaying nothing. Therefore, power is saved as the image related processes are
`
`interrupted, and thus a call can be maintained as long as possible. (Id. at ¶ 0083.)
`
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`
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`38. Another embodiment is directed to improved transmission and
`
`reception of voice and images. Control of each portion in Figure 27 is performed
`
`by control device 109. Antenna switching/combining circuit 101 detects receiving
`
`status (receiving electric field intensity for example) of each of antennas 100a and
`
`100b and controls switching or combination of antennae based on the result of the
`
`detection. When transmitting a signal, a particular antenna may be used, or an
`
`antenna for transmission may be selected based on the result of the detection of the
`
`above receiving status. (Id. at ¶ 0097.)
`
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`
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`39. Toshiba also discloses an embodiment where the amount of
`
`compression is set for various portions of the image to improve image quality of
`
`specific desired regions of the image. Thus, the area designation signal output from
`
`area designation portion 508 is input to important area address memory 509. This
`
`important area address memory 509 stores a read address corresponding to the area
`
`designation signal, and transmits a control signal to at least either one of filter
`
`control portion 506 and quantization width control portion 507 when the stored
`
`read address is output from address control portion 502 thereafter. This control
`
`signal acts to decrease a filtering amount of a low pass spatiotemporal filter 503 for
`
`filter control portion 506 and acts to decrease a quantization width by encoding
`
`portion 507 for quantization width control portion 506. (Id. at ¶ 0125.)
`
`40. Now, as shown in Figure 45(a), supposing that a user determines a
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`desire to see finely and designates important area 601 within a decoded image on
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`22
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`the receiving side, a pickup image on the transmitting side, or a local decoded
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`image (hereinafter simply referred to as image) 600, is adjusted. A quantization
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`width is made smaller in this important area 601 than in other areas or a low pass
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`filter is applied. In this manner, the image quality of important area 601 is
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`improved over other areas. (Id. at ¶ 0126.)
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`
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`VII. Summary of Hitachi
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`41. The Hitachi reference is Japanese Patent No. Hei8(1996)-315106
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`titled “Digital Camera and Image Data Distribution System.” This patent
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`application was filed on May 12, 1995 and published on November 29, 1996.
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`42. Hitachi discloses a cell phone enabled digital camera that attaches
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`attribution metadata to a user’s photographs. Figure 1 depicts a front, side, and
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`rear view of a digital camera. The front panel includes a power switch 11, a
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`photographing unit 12 consisting of a photographing element (e.g., a CCD) and a
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`23
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`Kyocera Ex. 1009
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`lens, and a microphone 13. (Ex. 1006 at ¶ 0018.) The rear panel includes a stylus
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`18 enabled display device 14. (Id.) The side panel includes a headphone terminal
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`15, a wired communication connection terminal 16, and a portable memory
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`connection terminal 17. (Id.)
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`
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`43. Figure 7 depicts a finder screen 72 displayed on back panel display
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`device 14. In finder mode, finder screen 72 constantly displays the image input by
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`the photographing unit 12. (Id. at ¶ 0035.) Motion picture button 73 starts and
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`stops motion picture capturing. (Id.)
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`
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`44. When the stationary picture button 74 is pressed, one frame of the
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`displayed image at 72 is captured. (Id.) Various pieces of information, such as the
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`photographer’s ID, location, date, and time, are stored together with the
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`24
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`Kyocera Ex. 1009
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`corresponding image data. (Id.) When the registration screen button 71 is
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`selected, the screen shifts to the registration screen shown in Figure 8. (Id.)
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`45. The registration screen includes an image display 86 and photograph
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`data selecting buttons 80. (Id. at ¶ 0036.) When the photograph data selecting
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`buttons 80 are selected, a next set of photograph data 31 is accessed and displayed.
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`(Id. at ¶ 0037.) Photograph data includes image data and associated metadata such
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`as the photographer’s ID, a photograph location, a photograph date and time, and a
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`memo. (Id. at ¶ 0028.)
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`
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`46. The registration screen enables editing of certain metadata associated
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`with a displayed image. (Id. at ¶ 0039.) When a photograph data transmitting
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`button 81 is selected, the photograph data 31 which is currently displayed is
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`encrypted and transmitted to the network through wireless communication
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`interface 27, such as a cellular phone handset. (Id. at ¶¶ 0022, 0041.)
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`47. Figure 2 is a block view explaining the circuit structure of the digital
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`camera. (Id. at ¶ 0020.) A first CODEC at 6 encodes image signals in the
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`25
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`Kyocera Ex. 1009
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`photographing unit (CCD) 12 to render them into image data, and a second
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`CODEC at 7 operates on sound signals. Microprocessor (CPU) 20 controls
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`operation of the camera. (Id.) A data memory (hard disk) that stores the image
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`data is depicted at 21. (Id.) A program memory 22 stores programs executed by
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`CPU 20. (Id.)
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`
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`48. A work memory (RAM) 23 is utilized by CPU 20 for its operations.
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`(Id.) A wireless communication interface is represented at 27, where the wireless
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`communication interface 27 may be a cellular phone handset. (Id. at ¶¶ 0020, 22.)
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`49. Responding to commands sent from CPU 20, the display device 14
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`displays three screens. (Id. at ¶ 0024.) The first screen, shown in Figure 6, accepts
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`a photographer’s ID and authentication information via a soft keyboard 62. (Id.)
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`26
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`Kyocera Ex. 1009
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`The second screen is the finder screen shown at the time of photography, depicted
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`and discussed above with reference to Figure 7. (Id.) The third screen is the
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`registration screen shown at the time of photo transmission, discussed above with
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`reference to Figure 8. (Id.)
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`
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`VIII. Summary of Kyocera ’081
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`50. The Kyocera ’081 reference is a JP patent publication, HO6-133081,
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`titled “ELECTRONIC STILL CAMERA WITH PORTABLE TELEPHONE
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`FUNCTION”. This patent application was filed on October 25, 1992 and
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`published on May 13, 1994.
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`51. Kyocera ’081 discloses camera phone systems which capture, store,
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`process, and wirelessly transmit pictures. (Ex. 1003 at Abstract.) The camera
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`includes a display for confirming the taken picture. (Id.)
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`52. Figures 2a and 2b of Kyocera ’081 depict an exterior view of the
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`camera phone that includes cellular phone technology as described in paragraph
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`0005, including a user taking a camera phone picture via lens 1. Figure 2(a) “is the
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`27
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`diagrammatic perspective view of the said camera, (b) depicts the camera being
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`used in several ways by the speaker.” (Id. at ¶ 0009.) A surface speaker 13 and
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`microphone 15 are positioned on an upper and lower portion of the main body 25,
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`respectively, where antenna 23 and lens 1 are also arranged on the top portion.
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`(Id.)
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`
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`53. A display 8 is positioned around the mid-section of the device, with a
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`release button 12 placed below the display and a dial 14 being positioned below
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`the release button 12. (Id.) “When taking a picture, the device i