‘871 PATENT
`
`Figure 7A depicts “a hand[-]held device for capturing,
`storing, and transmitting an image in accordance with the
`invention.”
`
`Paper 12 (Institution Decision) at 4; Paper 19 (Patent Owner Response) at 2; Exhibit 1001 (‘871 Patent) at
`4:46-48 and FIG. 7A
`
`1
`
`
`
`Figure 7A depicts “a hand[-]held device for capturing,
`storing, and transmitting an image in accordance with the
`invention.”
`
`Paper 12 (Institution Decision) at 4; Paper 19 (Patent Owner Response) at 2; Exhibit 1001 (‘871 Patent) at
`4:46-48 and FIG. 7A
`
`1
`
`
`
`‘871 PATENT
`
`image to be captured at a remote
`“Embodiments permit a still frame visual
`location and sent immediately, over wireless communication systems, to a
`remote location such as, by way of example, a computer system wherein the
`image could be merged directly into newsprint.”
`
`Paper 19 (Patent Owner Response) at 2; Exhibit 1001 (‘871 Patent) at 1:46-50
`
`2
`
`
`
`McNELLEY
`
`McNelley generally discloses a “telecamcorder configured for use as a
`self-contained teleconferencing terminal as well as a camcorder.”
`
`“FIG. 8 illustrates the telecamcorder in teleconferencing mode where
`the camera 102 is pointed in the same direction as the viewing side of
`the display 100 which images the distant conferee from the incoming
`video telephone signal.”
`
`Paper 19 (Patent Owner Response) at 12; Exhibit 1006 (McNelley) at 6:35-41
`
`3
`
`
`
`McNELLEY
`
`Figures 6–8 of McNelley are reproduced below:
`
`Figure 6 illustrates a preferred placement of the camcorder camera in relation to the
`teleconferencing display. Ex. 1006, 3:14–15. Figure 7 illustrates a preferred captured
`image of a conferee. Id. at 3:16–17. Figure 8 illustrates a configuration of a complete
`telecamcorder terminal. Id. at 3:18–19. Figure 8 shows the telecamcorder in
`teleconferencing mode where camera 102 is pointed in the same direction as the
`viewing side of display 100. Id. at 6:37–39.
`
`Paper 12 (Institution Decision) at 9 and Exhibit 1006 (McNelley) at 3:14-19, 6:37-39 and FIG. 8
`
`4
`
`
`
`UMEZAWA
`
`FIG. 1 shows a perspective external view of an
`embodiment of a video telephone according to
`Umezawa.
`
`Paper 12 (Institution Decision) at 10; Paper 19 (Patent Owner Response) at 12; Exhibit 1007 (Umezawa) at
`4:24-26 and FIG. 1
`
`5
`
`
`
`USER INTERFACE
`
`1. 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, the system comprising:
`a manually portable housing;
`an integral image capture device comprising an electronic camera contained within the portable housing;
`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;
`a processor in the housing for generating an image data signal representing the image framed by the camera;
`a memory associated with the processor for receiving and storing the digitized framed image, accessible for
`selectively displaying in the display window and accessible for selectively transmitting over the wireless telephone
`network the digitized framed image;
`a user interface for enabling a user to select the image data signal for viewing and transmission;
`a telephonic system in the housing for sending and receiving digitized audio signals and for sending the image
`data signal;
`alphanumeric input keys in the housing for permitting manually input digitized alphanumeric signals to be input
`to the processor, the telephonic system further used for sending the digitized alphanumeric signals;
`a wireless communications device adapted for transmitting any of the digitized signals to the compatible remote
`receiving station; and
`a power supply for powering the system.
`
`Paper 19 (Patent Owner Response) at 16-21; Paper 2 (Petition) at 10-26; Paper 12 (Institution Decision) at
`4-5; Exhibit 1001 (‘871 Patent) at claim 1
`
`6
`
`
`
`USER INTERFACE
`
`6. 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, the cellular telephone comprising:
`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;
`a cellular telephone in the housing, the cellular telephone further including a transmitter/receiver for
`transmitting and receiving audio telephone messages over a cellular telephone network, a keypad for
`entering manually input alphanumeric signals to be transmitted over the cellular telephone network, and
`a display window for viewing the manually input alphanumeric signals:
`an integral electronic camera in the housing, the camera for visually framing a visual image to be
`captured;
`a processor associated with the electronic camera for capturing and digitizing the framed image in a
`format for transmission over the cellular telephone network via the cellular telephone;
`a memory associated with the processor for receiving and storing the digitized framed image,
`accessible for selectively displaying in the display window and accessible for selectively transmitting over
`the cellular telephone network the digitized framed image;
`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; and
`an integrated power supply for powering both the cellular telephone and the camera.
`
`Paper 19 (Patent Owner Response) at 16-21; Paper 2 (Petition) at 26-37; Exhibit 1001 (‘871 Patent) at claim
`6
`
`7
`
`
`
`USER INTERFACE
`
`We are not persuaded sufficiently, however, by Apple’s contention that
`McNelley discloses limitation 1(j) (“a user interface for enabling a user to
`select the image data signal for viewing and transmission”). Although it
`appears that McNelley’s combination video camera and video-conferencing
`should or may have such a feature, Apple has not provided a sufficient
`explanation. Specifically, Apple simply notes that McNelley’s display 100 can
`be used both as a teleconferencing display and viewfinder, in a camcorder
`mode and a teleconferencing mode, and then concludes that limitation 1(j)
`is met. Pet. 22. Nevertheless, Apple presents an alternative contention, that
`Umezawa’s video telephone includes such a user interface. Id. Apple notes
`that “Umezawa’s user interface includes buttons for changing-over picture
`frames, scrolling the picture frame, inputting telephone numbers, and
`starting/stopping a video phone transmission.” Id. e-Watch in its Preliminary
`Response does not dispute this substantive contention about Umezawa’s
`disclosure.
`
`Paper 12 (Institution Decision) at 13-14; Paper 19 (Patent Owner Response) at 17
`
`8
`
`
`
`USER INTERFACE
`
`Regarding independent claim 6, we are persuaded similarly by Apple’s
`arguments and evidence as in the case of claim 1. For instance, limitation 6(h)
`as identified by Apple is similar to limitation 1(l), limitation 6(k) as identified by
`Apple is similar to limitation 1(g), limitation 6(m) as identified by Apple is
`similar to limitation 1(i), and limitation 6(n) as identified by Apple is similar to
`limitation 1(j).
`
`Paper 12 (Institution Decision) at 14
`
`9
`
`
`
`USER INTERFACE
`
`Claim 1 (j) recites “a user interface for enabling a user to select the image
`data signal for viewing and transmission.”
`
`Umezawa discloses that the video phone equipment has a display panel 11, a
`transmission/reception key 12, a termination key 13, a control panel 14, and
`function keys 15, and that the control panel 14 can be a liquid-crystal panel with a
`touch panel, and which displays ten-keys and several operation keys in a
`rectangular compartment. Ex. 1007, Umezawa, 5:46-49; 8:23-26. Umezawa’s user
`interface includes buttons for changing-over picture frames, scrolling the picture
`frame, inputting telephone numbers, and starting/stopping a video phone
`transmission. Id. at Fig. 7, 8:30-35; 8:6-12; 10:3-22; 10:35-39. Thus, Umezawa
`discloses the ability to select the image signal for viewing and transmission. Ex.
`1008, Sasson Decl., ¶ 52.
`
`Paper 2 (Petition) at 21-22
`
`10
`
`
`
`USER INTERFACE
`
`In particular, Umezawa only discusses changing the display on the control panel 14
`from a user interface screen showing a phone keypad with numbers used for dialing a
`phone to another user interface screen displaying a telephone number list that can
`be displayed on the control panel 14 by manipulating the change-over button 15b. Id.
`The display of the telephone number list can then be scrolled through by using the
`frame scroll buttons 15c and 15d. Id. The control panel 14 display is separate and
`apart from the display 11 that would be utilized to show incoming images from
`another conference participant and, in any event, would only be used to show user
`interface screens programmed into the device as opposed to selectively display and
`transmit a digitized framed image captured by the device. Id. at 8:23-26 and 11:25-27
`(“The control panel 14 in this embodiment is made of a liquid-crystal panel which is
`furnished with a touch panel, and which displays ten-keys and several operations keys
`within a rectangular compartment.” “[T]he control panel 14 being the liquid-crystal
`panel may well be replaced with a conventional button type panel or a numerical-key
`pad of sheet form”).
`
`Paper 19 (Patent Owner Response) at 19-20
`
`11
`
`
`
`USER INTERFACE
`
`19 Q. But are those pictures programmed into the
`20 device or are they captured by the device?
`21 A. Well, the images they are referring to are
`22 captured.
`23 Q. The control panels are captured?
`24 A. No, no, the control panel -- the control
`25 panel are images of button patterns that are stored in
`1 the device.
`2 Q. But they -- they're not a picture that were
`3 taken; they were just programmed into the device,
`4 correct?
`5 A. They were not captured by electro-optical
`6 means, no.
`
`25 Q. Is the user interface, just the user
`1 interface, not the concept of selective
`display, is
`2 the user interface that shows the ability to
`display
`3 captured images shown in Umezawa?
`4 A. Let me review here. Doesn't talk about
`the
`5 user interface to enabling display.
`
`Paper 41 (Motion for Observation) at 7; Exhibit 2014 (Sasson Deposition Transcript) at 87:19-88:6 and
`90:25-91:5
`
`12
`
`
`
`USER INTERFACE
`
`7 Q. Do you agree that the control panels that
`8 are scrolled through in Umezawa are not transmitted
`9 from the device?
`10 A. The screens are not transmitted from the
`11 device, no.
`
`Paper 41 (Motion for Observation) at 7; Exhibit 2014 (Sasson Deposition Transcript) at 88:7-11
`
`13
`
`
`
`USER INTERFACE
`
`Similarly, Umezawa discloses capture, and then selective display and
`transmission of an image: “[A] camera which takes a picture to-be-
`transmitted for the visual communication” and “the transmission of a
`photographed picture.” Umezawa at 1:61-2:5, 2:34-36, 3:5-7, 8:6-12
`(emphases added). The user interface in Umezawa also includes buttons for
`changing-over picture frames and scrolling the picture frame (selective
`display) that a POSA would know could be used to change-over and scroll
`through stored images in McNelley just as they are used for the control
`panels in Umezawa. Ex. 1014 ¶¶ 67-69.
`
`Paper 30 (Petitioner Reply Brief) at 14
`
`14
`
`
`
`SELECTIVE DISPLAY AND TRANSMISSION
`
`1. 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, the system comprising:
`a manually portable housing;
`an integral image capture device comprising an electronic camera contained within the portable housing;
`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;
`a processor in the housing for generating an image data signal representing the image framed by the camera;
`a memory associated with the processor for receiving and storing the digitized framed image, accessible for
`selectively displaying in the display window and accessible for selectively transmitting over the wireless telephone
`network the digitized framed image;
`a user interface for enabling a user to select the image data signal for viewing and transmission;
`a telephonic system in the housing for sending and receiving digitized audio signals and for sending the image
`data signal;
`alphanumeric input keys in the housing for permitting manually input digitized alphanumeric signals to be input
`to the processor, the telephonic system further used for sending the digitized alphanumeric signals;
`a wireless communications device adapted for transmitting any of the digitized signals to the compatible remote
`receiving station; and
`a power supply for powering the system.
`
`Paper 19 (Patent Owner Response) at 16-21; Paper 2 (Petition) at 10-26; Paper 12 (Institution Decision) at
`4-5; Exhibit 1001 (‘871 Patent) at claim 1
`
`15
`
`
`
`SELECTIVE DISPLAY AND TRANSMISSION
`
`6. 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, the cellular telephone comprising:
`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;
`a cellular telephone in the housing, the cellular telephone further including a transmitter/receiver for
`transmitting and receiving audio telephone messages over a cellular telephone network, a keypad for
`entering manually input alphanumeric signals to be transmitted over the cellular telephone network, and
`a display window for viewing the manually input alphanumeric signals:
`an integral electronic camera in the housing, the camera for visually framing a visual image to be
`captured;
`a processor associated with the electronic camera for capturing and digitizing the framed image in a
`format for transmission over the cellular telephone network via the cellular telephone;
`a memory associated with the processor for receiving and storing the digitized framed image,
`accessible for selectively displaying in the display window and accessible for selectively transmitting over
`the cellular telephone network the digitized framed image;
`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; and
`an integrated power supply for powering both the cellular telephone and the camera.
`
`Paper 19 (Patent Owner Response) at 16-21; Paper 2 (Petition) at 26-37; Exhibit 1001 (‘871 Patent) at claim
`6
`
`16
`
`
`
`SELECTIVE DISPLAY AND TRANSMISSION
`
`12. A combination of handheld wireless telephone and digital camera comprising:
`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;
`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;
`a processor for processing the image framed by the camera for generating a digitized framed image as
`displayed in the display;
`a memory associated with the processor for receiving and storing the digitized framed image, for selectively
`displaying in the display window and for selectively transmitting over a wireless telephone network the digitized
`framed image;
`the wireless telephone being selectively operable to accept and digitize audio signals to be transmitted, the
`wireless telephone being selectively operable to convert received digitized audio signals into acoustic audio, the
`wireless telephone being selectively operable to transmit and receive non-audio digital signals, the non-audio
`digital signals including a selected digitized framed image;
`a set of input keys supported by the housing to permit alphanumeric signals to be manually input by an operator
`into the wireless telephone, the alphanumeric signals being presented in the display for viewing by the operator;
`a power supply supported by the housing;
`the wireless telephone including a wireless transmitter/ receiver for transmitting digital signals sent from and
`receiving digital signals sent to the wireless telephone; and
`at least one camera control circuit connected to an input device for controlling at least one of the following
`functions: gain, pedestal, setup, white clip, lens focus, white balance, lens iris, lens zoom.
`
`Paper 19 (Patent Owner Response) at 16-21; Paper 2 (Petition) at 37-45; Exhibit 1001 (‘871 Patent) at claim
`12
`
`17
`
`
`
`SELECTIVE DISPLAY AND TRANSMISSION
`
`The memory may selectively capture images, as indicated by the operator
`interface/capture interface 52, or may be programmed to selectively capture
`periodic images or all images. In the embodiment shown in FIG. 2, an optional
`viewer device 48 is provided. This permits the operator to recall and view all
`or selective images before transmission, as indicated by the operator
`interface/recall interface 54. This permits the operator to review all images
`retained in the memory 46 and transmit selective images…
`
`Paper 19 (Patent Owner Response) at 5; Exhibit 1001 (‘871 Patent) at 6:34-43
`
`18
`
`
`
`SELECTIVE DISPLAY AND TRANSMISSION
`
`Applicant submitted that the present invention provides “the ability for the user to
`selectively transmit and display images from memory” and that “Ida teaches
`transmitting a stored image from memory 24, but it is clearly shown in the same Fig.
`4 and Fig. 5 to clearly lack the ability to display stored images on the device display of
`the apparatus which collects the image.”
`
`Paper 19 (Patent Owner Response) at 6; Exhibit 2005 (Response to Non-Final Office Action) at 60
`
`19
`
`
`
`SELECTIVE DISPLAY AND TRANSMISSION
`
`Applicant further asserted with respect to Ida that “there is no teaching
`that the ‘prescribed picture’ stored in memory is selectively displayed by
`the local user so that he can determine whether to transmit it to the
`remote station” and that “…the Ida reference, properly understood,
`does not disclose selectively displaying or transmitting a framed image
`that has been stored in memory…”
`
`Paper 19 (Patent Owner Response) at 6-7; Exhibit 2005 (Response to Non-Final Office Action) at 61
`
`20
`
`
`
`SELECTIVE DISPLAY AND TRANSMISSION
`
`Paper 19 (Patent Owner Response) at 7; Exhibit 2006 (Notice of Allowance) at 9-10
`
`21
`
`
`
`SELECTIVE DISPLAY AND TRANSMISSION
`
`9 Q. Do you agree that a captured image must be
`10 stored to memory, recalled from memory, displayed, and
`11 then transmitted to satisfy that limitation I just
`12 read?
`
`14 THE WITNESS: Yes, I believe that's true.
`15 All those terms are mentioned in the claim.
`
`Paper 41 (Motion for Observation) at 3; Exhibit 2014 (Sasson Deposition Transcript) at 28:9-12 and 28:14-
`15
`
`22
`
`
`
`SELECTIVE DISPLAY AND TRANSMISSION
`
`Claim 1 (i) recites “accessible for selectively displaying in the display window and accessible for
`selectively transmitting over the wireless telephone network the digitized framed image’’ McNelley
`discloses the memory for storing and receiving the digitized framed image as described immediately
`above in element claim 1 (h). McNelley also discloses the telecamcorder is applicable to any type of
`network such as a wireless, cellular telephone network. Ex. 1006, McNelley, 14:16-18; 28-31. McNelley
`discloses that when “the telecamcorder is being used to make a recording, the controller 400
`conditions the audio and video signals, if necessary, and … the recording electronics 420 processes the
`signals for storage in memory 422,” and that later “the messages can be played back through the
`speaker and display 416.” Id. at 21:19-23; 22: 1-3. Also, the logic can order “the recording electronics
`420 to play the outgoing message [which was stored in memory] which is sent out [over] connection
`104 to a remote terminal.” Id. at 21: 64-67. Also, “[m]ultiple greetings may be accessed through a menu
`system with multiple message ‘boxes’ designated for receiving incoming messages.” Id. at 13:49-52.
`Thus, McNelley discloses the memory being accessible for selectively displaying and transmitting
`framed images over a wireless telephone network. Ex. 1008, Sasson Decl., ¶ 45.
`
`Paper 2 (Petition) at 19-20
`
`23
`
`
`
`SELECTIVE DISPLAY AND TRANSMISSION
`
`Umezawa discloses video telephone equipment comprising signal processing means for
`permitting visual communication, a display panel which displays a received picture for the
`visual communication, a camera which takes a picture to be-transmitted for the visual
`communication, and a control panel through which a user of the video telephone
`equipment gives an operation command to the signal processing means, and discloses
`that the main circuit board 17 includes a processor and a memory Ex. 1007, Umezawa,
`1:61-2:5; 5:55-62. Because image frames in Umezawa can be recorded and played back
`(buttons are provided for changing over the picture frames and scrolling the picture frame
`(Id. at 8:30-35), and the memory operates with the processor on the stored messages, the
`memory is accessible for transmitting and displaying selected messages. Ex. 1008, Sasson
`Decl., ¶¶ 47-48.
`
`Paper 2 (Petition) at 20-21
`
`24
`
`
`
`SELECTIVE DISPLAY AND TRANSMISSION
`
`McNelley contemplates two primary modes of operation, neither of which involve
`selective display and transmission of an image. McNelley at 7:14-23 and 6:35-58. In
`the first mode, camcorder mode, videos can be taken, stored and presumably
`retrieved for viewing and playback, but there is no disclosure of transmission of the
`selected and recalled/displayed video in video camera mode. Id. at 11:13-15. In the
`second mode, teleconferencing mode, the captured images are streamed in real time
`and no selective display or transmission occurs. Id. at 6:35-58. Indeed, the framed
`image from one device is transmitted and the incoming image from the other
`teleconference participant/device is traditionally shown on the display. Id.
`
`Paper 19 (Patent Owner Response) at 17-18
`
`25
`
`
`
`SELECTIVE DISPLAY AND TRANSMISSION
`
`Petitioner’s citations to the use of a telecamcorder as a video answering machine (a
`possible third mode of operation discussed only briefly in McNelley) in McNelley are
`also unavailing for disclosing the Selective Display and Transmission Limitation for
`multiple reasons. The video answering machine operation of McNelley involves
`sending a specially recorded video message upon detection of a “ring.” Id. at 21:57-
`67. Upon detecting the “ring,” the video answering machine automatically transmits
`the video message from memory and does not display the video message on the
`display screen prior to transmission. See also [EXH. 2003] at 23-27. The video
`message is not being selected from the display screen for transmission but instead is
`a prerecorded video message created for a specific purpose, meaning there is no
`need to select it from among a group of other videos.
`
`Paper 19 (Patent Owner Response) at 18
`
`26
`
`
`
`SELECTIVE DISPLAY AND TRANSMISSION
`
`Petitioner’s citations to Umezawa related to the Selective Display and Transmission
`Limitation are equally ineffective. Umezawa discloses the ability to scroll through user
`interface screens on the control panel display of a device (e.g. as shown in FIG. 1,
`changing over the picture frames of the control panel 14 to show a telephone number
`list on the control panel 14 by manipulating the change-over button 15b), to pause live
`transmission of video from the device (e.g. pause transmission of a video conference
`creating potentially a blue screen in place of whatever images would ordinarily be
`transmitted) and to send real-time images of a scene (usually an image of the
`conference participant utilizing the device), but fails to disclose the ability to select a
`video or image from a group of images or videos for display and subsequent
`transmission of the displayed image or video. Umezawa at 8:30-35; 8:6-12; 10:3-39; FIG.
`1 and Petition at 20-22. See also [EXH. 2003] at 23-27.
`
`Paper 19 (Patent Owner Response) at 19
`
`27
`
`
`
`SELECTIVE DISPLAY AND TRANSMISSION
`
`Prior to transmission, multiple greetings are prerecorded and a user designates
`(selects) one of those prerecorded greetings for his message box: “Multiple
`greetings may be accessed through a menu system with multiple message
`‘boxes’ designated for receiving incoming messages.” Id. at 13:49-53 (“each
`user” may have “their own box”).
`
`Paper 30 (Petitioner Reply Brief) at 13
`
`28
`
`
`
`SELECTIVE DISPLAY AND TRANSMISSION
`
`25 Q. One of the sentences there on the top of
`1 page 20 says, "Thus, McNelley discloses the memory --
`2 excuse me -- the memory being accessible for
`3 selectively displaying and transmitting framed images
`4 over a wireless telephone network." So that's saying
`5 McNelley discloses it explicitly, correct?
`6 A. McNelley discloses the memory being
`7 accessible ... yes, that's what it says.
`8 Q. Okay. But in paragraph 62 of your reply
`9 declaration you no longer say it explicitly discloses
`10 selectively displaying and transmitting, but just that
`11 one skilled in the art would understand and expect
`12 that, to make the selection of a greeting, you would
`13 play it back, right?
`
`15 THE WITNESS: Yes, that's what that
`16 paragraph says
`
`Paper 41 (Motion for Observation) at 8; Exhibit 2014 (Sasson Deposition Transcript) at 92:25-93:13 and
`93:15-16
`
`29
`
`
`
`SELECTIVE DISPLAY AND TRANSMISSION
`
`14 Q. Well, irrespective of what McNelley says,
`15 do you agree with me that a user could at the time of
`16 creating the greeting give it a name and then it
`17 wouldn't need to play it back because the name would
`18 allow them to know what the greeting was?
`
`21 THE WITNESS: They would typically play it
`22 back the first time they do it to make sure the
`23 greeting was what they intended it to be.
`
`25 Q. Again, that's not coming from McNelley;
`1 that's just what you think, right?
`2 A. Yes, yes, that's right.
`
`Paper 41 (Motion for Observation) at 8; Exhibit 2014 (Sasson Deposition Transcript) at 94:14-18, 94:21-23,
`and 94:25-95:2
`
`30
`
`
`
`SELECTIVE DISPLAY AND TRANSMISSION
`
`Selective transmission of an image occurs in Umezawa when the user
`“selects the visual telephone function,” “enters the telephone No. of the
`opposite party,” and “depresses the transmission/reception key.” Ex. 1007
`at 10:3-22, 10:35-39; Ex. 1014 ¶¶ 67-69. This is consistent with ’871
`patents equating dialing with selecting. Ex. 1001 at 3:14-16, 13:64-65.
`Selective transmission also occurs when pausing/unpausing: “[T]he
`photographing operation of the camera” and “the transmission of a
`photographed picture” can be temporarily stopped using the pause
`button. Ex. 1007 at 8:6-19. When paused, a “specified display picture” is
`transmitted instead. Id. As PO’s expert admitted, this “predetermined
`and/or designated” photograph results in two different pictures being
`transmitted. Ex. 1013 at 224:19-22, 226:5-6, 229:5-9. Pausing/unpausing
`selects between these two pictures for transmission. Ex. 1014 ¶ 69.
`
`Paper 30 (Petitioner Reply Brief) at 14-15
`
`31
`
`
`
`SELECTIVE DISPLAY AND TRANSMISSION
`
`69. Umezawa also provides for selective transmission when it provides
`for a pausing and unpausing of transmission. In Umezawa, the user
`presses a pause button, and “the photographing operation of the
`camera” and “the transmission of a photographed picture” are
`temporarily stopped. Ex. 1007 at 8:6-12. When the pause is in effect, a
`“specified display picture,” such as a blue screen, is transmitted
`instead. Id. This means that the pause button effectively permits the
`user to choose between one of two images—the image captured by
`the “photographing operation of the camera” and the “specified
`display picture” or blue screen—to be transmitted. A person of
`ordinary skill in the art would have understood this sequence of events
`to be the selective transmission of an image within the meaning of the
`instituted claims of the ’871 patent.
`
`Paper 30 (Petitioner Reply Brief) at 14; Exhibit 1014 (Sasson Reply Declaration) at 29-30
`
`32
`
`
`
`SELECTIVE DISPLAY AND TRANSMISSION
`
`24 Q. Is it fair to say, then, that the blue
`25 screen is a new argument inserted in your reply
`1 declaration that wasn't in the petition?
`
`3 THE WITNESS: I would say sort of a new
`4 variant on the argument.
`
`Paper 41 (Motion for Observation) at 9; Exhibit 2014 (Sasson Deposition Transcript) at 104:24-105:1 and
`105:3-4
`
`33
`
`
`
`SELECTIVE DISPLAY AND TRANSMISSION
`
`1 Q. Okay. Is the blue screen displayed locally
`2 on a device prior to being transmitted based on this
`3 disclosure of Umezawa?
`4 A. It's unclear from this paragraph that it
`5 is.
`6 Q. So it says, for example, a picture which is
`7 blue over the whole area thereof may well be
`8 transmitted instead of the photographed picture. So
`9 it doesn't say anything about displaying, correct?
`10 A. In this particular paragraph it does not,
`11 no.
`
`Paper 41 (Motion for Observation) at 9; Exhibit 2014 (Sasson Deposition Transcript) at 110:1-11
`
`34
`
`
`
`INTEGRATED HOUSING
`
`1. 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, the system comprising:
`a manually portable housing;
`an integral image capture device comprising an electronic camera contained within the portable housing;
`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;
`a processor in the housing for generating an image data signal representing the image framed by the camera;
`a memory associated with the processor for receiving and storing the digitized framed image, accessible for
`selectively displaying in the display window and accessible for selectively transmitting over the wireless
`telephone network the digitized framed image;
`a user interface for enabling a user to select the image data signal for viewing and transmission;
`a telephonic system in the housing for sending and receiving digitized audio signals and for sending the image
`data signal;
`alphanumeric input keys in the housing for permitting manually input digitized alphanumeric signals to be input
`to the processor, the telephonic system further used for sending the digitized alphanumeric signals;
`a wireless communications device adapted for transmitting any of the digitized signals to the compatible remote
`receiving station; and
`a power supply for powering the system.
`
`Paper 19 (Patent Owner Response) at 21; Paper 2 (Petition) at 10-26; Paper 12 (Institution Decision) at 4-5;
`Exhibit 1001 (‘871 Patent) at claim 1
`
`35
`
`
`
`INTEGRATED HOUSING
`
`The specification and drawings of
`the ‘871 Patent further clarify that
`one of the key features of the ‘871
`Patent involves integrating the
`camera and cellular phone into a
`single handheld housing. FIG. 7A
`depicts just such an arrangement
`wherein the housing/body 190
`holds both of these components. In
`discussing FIG. 7A, the specification
`states, “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.” ‘871 Patent at 11:16-19.
`
`Paper 19 (Patent Owner Response) at 22-23; Paper 12 (Institution Decision) at 4; Exhibit 1001 (‘871 Patent)
`at FIG. 7A
`
`36
`
`
`
`INTEGRATED HOUSING
`
`Claim 1 (d) recites “the system comprising: a manually portable housing.”
`McNelley’s telecamcorder is both handheld and manually portable, as
`shown in Figs. 8 and 9 (housing 148). The operator can hold the entire unit in
`front of him. Ex. 1006, McNelley, 6:35-37, 10:16-18; Ex. 1008, Sasson Decl., ¶ 37.
`
`Claim 1(e) recites “an integral image capture device comprising an electronic
`camera contained within the portable housing.” The telecamcorder includes an
`electronic video camera 102 within portable housing 148 (Figs. 8 and 9), also
`shown as video camera 406 associated with system controller 400 and camera
`ele
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