`
`UNITED STATES DEPARTIVIENT OF CONIMERCE
`United States Patent and Trademark Office
`Address: COMIVIISS IONER FOR PATENTS
`P.O Box 1450
`Alexandna, Virgmia 22313-1450
`www.uspto gov
`
`APPLICATION NO.
`
`FILING DATE
`
`
`
`
`FIRST NAM < ) INVENTOR
`
`1 1/61 7,509
`
`1 2/28/2006
`
`David A Monroe
`
`ATTORNEY DOCKET NO.
`——
`06-0719
`4247
`
`12/12/2008
`
`7590
`67589
`MOORELANDREY
`1609 SI IOAL CREEK BLVD
`SUITE 100
`
`AUSTIN, TX 78701
`
`SAFAIPOUR. HOUSHANG
`
`ART UNIT
`tommLA
`
`MAIL DATE
`
`12/12/2008
`
`PAPER NUMBER
`
`DELIVERY MODE
`
`PAPER
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`PTOL-90A (Rev. 04/07)
`
`Page 1 of 12
`
`SAMSUNG EXHIBIT 1014
`
`Page 1 of 12
`
`SAMSUNG EXHIBIT 1014
`
`

`

`
`
`Office Action Summary
`
`Application No.
`
`Applicant(s)
`
`11/617,509
`
`MONROE, DAVID A
`
`
`
`Examiner
`HOUSHANG SAFAIPOUR
`
`Art Unit
`2625
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE 3 MONTH(S) OR THIRTY (30) DAYS,
`WHICHEVER IS LONGER, FROM THE MAILING DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1. 136(a).
`In no event, however, may a reply be timely filed
`after SIX (6) MONTHS from the mailing date of this communication
`If NO period for reply is specified above. the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)IZ| Responsive to communication(s) filed on 04 January 2008.
`
`2a). This action is FINAL.
`
`2b)|:| This action is non-final.
`
`3)I:I Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under EX parte Quayle, 1935 CD. 11, 453 0.6. 213.
`
`Disposition of Claims
`
`4)IZ Claim(s) 43-76 is/are pending in the application.
`4a) Of the above claim(s)
`is/are withdrawn from consideration.
`
`5)I:I Claim(s)_ is/are allowed.
`
`6)IZ Claim(s) M is/are rejected.
`
`7)I:I Claim(s)_ is/are objected to.
`
`8)I:I Claim(s)_ are subject to restriction and/or election requirement.
`
`Application Papers
`
`9)I:I The specification is objected to by the Examiner.
`10)I:I The drawing(s) filed on
`is/are: a)I:I accepted or b)I:I objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`11)I:I The oath or declaration is objected to by the Examiner. Note the attached Office Action or form PTO-152.
`
`Priority under 35 U.S.C. § 119
`
`12)I:I Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)—(d) or (f).
`a)I:I All
`b)I:I Some * c)I:I None of:
`Certified copies of the priority documents have been received.
`
`Certified copies of the priority documents have been received in Application No. _
`
`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)).
`
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attach ment(s)
`
`
`
`1) X Notice of References Cited (PTO—892)
`2) I] Notice of Draftsperson‘s Patent Drawing Review (PTO-948)
`3) IZI Information Disclosure Statement(s) (PTO/SB/08)
`Paper No(s)/Mai| Date
`.
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 08-06)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20081202
`
`Page 2 of 12
`
`SAMSUNG EXHIBIT 1014
`
`4) D Interview Summary (PTO—413)
`Paper N0(3)/M3” Date. _
`5) I:I Notice 01' Informal Patent Application
`6) I] Other:
`
`Page 2 of 12
`
`SAMSUNG EXHIBIT 1014
`
`

`

`Application/Control Number: 1 1/617,509
`Art Unit: 2625
`
`Page 2
`
`DETAILED ACTION
`
`Response to Amendment
`
`Applicant’s amendment has been entered. Applicant has canceled claims 1—42 and has
`
`added new claims 43-76.
`
`Claim Rejections - 35 USC § 103
`
`1.
`
`The following is a quotation of 35 USC. 103(a) which forms the basis for all
`
`obviousness rejections set forth in this Office action:
`
`(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in
`section 102 of this title, if the differences between the subject matter sought to be patented and the prior art are
`such that the subject matter as a whole would have been obvious at the time the invention was made to a person
`having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negatived by the
`manner in which the invention was made.
`
`2.
`
`Claims 43-51, 64, 66, 68,69, 71, 72 and 74 are rejected under 35 USC. 103(a) as being
`
`unpatentable over Hassan (US 5,550,646), and further in View of Sizer, II (US 6,036,086).
`
`Regarding claims 43, 64, 66, 68, 69, 71 and 74 Hassan discloses apparatus comprising:
`
`a portable housing, the portable housing being wireless (110, fig. 1);
`
`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 (001. 2, lines 39-49);
`
`a display supported by the portable housing, the display being operable to display for
`
`viewing by a user a perceptible Visual image, the perceptible visual image being generated from
`
`the visual image data (col. 4 lines 18-31);
`
`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 (col. 4 lines 32—64),
`
`Page 3 of 12
`
`SAMSUNG EXHIBIT 1014
`
`Page 3 of 12
`
`SAMSUNG EXHIBIT 1014
`
`

`

`Application]Control Number: 1 1/617,509
`Art Unit: 2625
`
`Page 3
`
`an input device supported by the portable housing, the input device being operable by the
`
`user (col. 4 lines 1-17);
`
`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 (col. 4 lines 54—64);
`
`media supported by the portable housing, the media being suitable to embody at least one
`
`compression algorithm (col. 4 lines 46-48);
`
`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
`
`(col. 3 lines 47—54 and col. 4 lines 43—48); and
`
`Hassan indicates that if image capture device is “provided with a cellular telephone
`
`capability” (col. 3 line 1017) pictures stored in the camera can be transmitted to any conventional
`
`facsimile machine. Sizer, by the same assignee as Hassan, discloses a cellular telephone (110) as
`
`an portable image capture device with scanning capability. Therefore it would have been obvious
`
`to a person of ordinary skill in the art to combine the image capture device 110 as disclosed by
`
`Hassan with the image capture device (cellular telephone 110) as disclosed by Sizer to read and
`
`transmit to a remote recipient a wireless transmission.
`
`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
`
`Page 4 of 12
`
`SAMSUNG EXHIBIT 1014
`
`Page 4 of 12
`
`SAMSUNG EXHIBIT 1014
`
`

`

`Application/Control Number: 1 1/617,509
`Art Unit: 2625
`
`Page 4
`
`combined image capture device (cellular phone 10) includes the display and the image collection
`
`device (cell phone, camera and scanner) .
`
`Regarding claim 44, Hassan discloses the apparatus according to claim 43 and further
`
`comprising:
`
`the processing platform including at least one processor (microcontroller 205, col. 3 lines
`
`25-27).
`
`Regarding claim 45, Hassan discloses the apparatus according to claim 43 and further
`
`comprising:
`
`the portable housing including a handset (cell phone 110).
`
`Regarding claim 46, combination of Hassan and Sizer discloses the apparatus according
`
`to claim 43 and further comprising:
`
`a microphone supported by the portable housing, the microphone being associated with
`
`the mobile phone; a speaker supported by the portable housing, the speaker being associated with
`
`the mobile phone (Sizer, col. 5 lines 21—35).
`
`Regarding claim 47, combination of Hassan and Sizer discloses the apparatus according
`
`to claim 43 and further comprising:
`
`the mobile phone being selectively operable to send to a remote recipient a wireless
`
`transmission, the Wireless transmission conveying a voice transmission (Sizer, col. 5 lines 49-
`
`60).
`
`Regarding claim 48, Hassan discloses the apparatus according to claim 43 and further
`
`comprising:
`
`Page 5 of 12
`
`SAMSUNG EXHIBIT 1014
`
`Page 5 of 12
`
`SAMSUNG EXHIBIT 1014
`
`

`

`Application]Control Number: 1 1/617,509
`Art Unit: 2625
`
`Page 5
`
`the mobile phone being selectively operable to receive from a remote sender an incoming
`
`Wireless transmission, the incoming Wireless transmission conveying at least one of:
`
`incoming compressed digital image data,
`
`an incoming voice transmission (Sizer col. 5 lines 29-35), and
`
`both incoming compressed digital image data and an incoming voice transmission.
`
`Regarding claim 49, Hassan discloses the apparatus according to claim 43 and further
`
`comprising:
`
`a camera supported by the portable housing, the camera including the image collection
`
`device (Hassan, fig. 1, camera 110).
`
`Regarding claim 50, Hassan discloses the apparatus according to claim 43 and further
`
`comprising:
`
`the image collection device being suitable to provide the visual image data in digital
`
`format (abstract).
`
`Regarding claims 51 and 72, Hassan discloses the apparatus according to claim 43 and
`
`further comprising:
`
`the image collection device being suitable to provide the visual image data in analog
`
`format; an analog to digital converter supported by the portable housing, the analog to digital
`
`converter being suitable to receive the visual image data in analog format, the being suitable to
`
`provide the visual image data in digital format (abstract and col. 1 lines 47—52);
`
`the display including an LCD, the LCD being operable to display for viewing by a user a
`
`perceptible visual image, the—perceptible visual image being generated from the visual image
`
`data (col. 4 lines 18-31).
`
`Page 6 of 12
`
`SAMSUNG EXHIBIT 1014
`
`Page 6 of 12
`
`SAMSUNG EXHIBIT 1014
`
`

`

`Application]Control Number: 1 1/617,509
`Art Unit: 2625
`
`Page 6
`
`Claims 52—63, 65, 67, 70 and 73 are rejected under 35 U.S.C. l03(a) as being
`
`unpatentable over Hassan (US 5,550,646), in View of Sizer, II (US 6,036,086) and further in
`
`View of Jachimowicz (US 6,243,056).
`
`Regarding claims 52, 65, 67, 70 and 73 combination of Hassan and Sizer does not
`
`explicitly disclose a View finder. Jachimowicz discloses a cell phone with a display including a
`
`viewfinder, the viewfinder being suitable to receive the visual image data, the viewfinder being
`
`operable to display for viewing by a user a perceptible Visual image, the perceptible visual image
`
`being generated from the visual image data (fig. 10, col. 6 lines 30-37). Therefore it would have
`
`been obvious to a person of ordinary skill in the art to include this feature in combined cell phone
`
`of Hassan and Sizer to add capability of viewing images by an operator.
`
`53. The apparatus according to claim 52 and further comprising: the viewfinder being
`
`suitable to receive the visual image data in digital format (Jachimowicz, col. 4 lines 7—l 0).
`
`54. The apparatus according to claim 52 and further comprising: the viewfinder being
`
`suitable to receive the visual image data in analog format (Jachimowicz, col. 4 lines 7—10).
`
`55. The apparatus according to claim 43 and further comprising:
`
`the display including a display screen, the display screen being defined apart from a
`
`viewfinder, the display screen being operable to display for viewing by a user a perceptible
`
`visual image, the perceptible visual image being generated from the visual image data
`
`(Jachimowicz, col. 6 lines 30-37).
`
`56. The apparatus according to claim 55 and further comprising:
`
`Page 7 of 12
`
`SAMSUNG EXHIBIT 1014
`
`Page 7 of 12
`
`SAMSUNG EXHIBIT 1014
`
`

`

`Application]Control Number: 1 1/617,509
`Art Unit: 2625
`
`Page 7
`
`the display including an LCD, the LCD being operable to display for Viewing by a user a
`
`perceptible visual image, the perceptible visual image being generated from the visual image
`
`data (Hassan, col. 5 line 37).
`
`57. The apparatus according to claim 56 and further comprising: the LCD being suitable
`
`to receive the visual image data in digital format (Hassan Abstract).
`
`58. Thc apparatus according to claim 43 and further comprising: at lcast onc transmission
`
`protocol algorithm embodied in suitable media (Hassan col. 4 line 54 to col. 5 line 10);
`
`a processing platform associated With the at least one transmission protocol algorithm,
`
`the associated processing platform being operable to execute the at least one transmission
`
`protocol algorithm, the associated processing platform being provided the compressed visual
`
`image data, execution of the at least one transmission protocol algorithm providing the
`
`compressed visual image data in a transmission format, the visual image data in a transmission
`
`format being compatible with the mobile phone for Wireless transmission by the mobile phone
`
`(please refer to claim 43).
`
`59. Thc apparatus according to claim 58 and further comprising:
`
`the mobile phone being operable according to a specified wireless transmission protocol,
`
`the at least one transmission protocol algorithm providing the visual image data in a compatible
`
`data transmission format, the compatible data transmission format being compatible with the
`
`specified wireless transmission protocol (Hassan col. 4 line 54 to col. 5 line 10).
`
`60. The apparatus according to claim 59 and further comprising:
`
`at least one transmission protocol algorithm embodied in suitable media;
`
`Page 8 of 12
`
`SAMSUNG EXHIBIT 1014
`
`Page 8 of 12
`
`SAMSUNG EXHIBIT 1014
`
`

`

`Application]Control Number: 1 1/617,509
`Art Unit: 2625
`
`Page 8
`
`a processing platform associated with the at least one transmission protocol algorithm, the
`
`associated processing platform being operable to execute the at least one transmission protocol
`
`algorithm, execution of the at least one transmission protocol algorithm providing compressed
`
`visual image data in a compatible format, the compatible format being compatible with at least
`
`one transmission protocol, the compressed visual image data in a compatible format being
`
`suitable for transmission by the mobile phone according to at least one wireless transmission
`
`protocol (please refer to claim 43 and also (Hassan col. 4 line 54 to col. 5 line 10 and col. 4 lines
`
`43 -64).
`
`61. The apparatus according to claim 43 and further comprising:
`
`the portable housing including a first housing section, the image collection device being
`
`supported by the first housing section,
`
`the portable housing including a second housing section, the display being supported by
`
`the second housing section,
`
`the first housing section being adjoined to the second housing section (fig. 1),
`
`the second housing section being movable in common with the first housing section when
`
`the first, housing section, is moved by the user (fig. 1),
`
`the first housing section being movable in common with the second housing section when
`
`the second housing section is moved by the user (fig. 1),
`
`the first housing section being supported for movement relative to the second housing
`
`section (fig. 1),
`
`the image collection device being movable in common with the first housing section
`
`relative to the display when the first housing section is moved relative to the second housing
`
`Page 9 of 12
`
`SAMSUNG EXHIBIT 1014
`
`Page 9 of 12
`
`SAMSUNG EXHIBIT 1014
`
`

`

`Application]Control Number: 1 1/617,509
`Art Unit: 2625
`
`Page 9
`
`section (Jachimowicz discloses the structure of the cell phone as shown in fi g.
`
`l with reference
`
`to bodies 11 and 12 being hingably or pivotally attached. Col. 2 lines 43 to col. 3 line 24).
`
`62. The apparatus according to claim 62 and further comprising:
`
`the first housing section being supported for pivotal movement relative to the second
`
`housing section about a pivot axis (Jachimowicz, fig. 1).
`
`63. Thc apparatus according to claim 43 and furthcr comprising:
`
`the image collection device being supported by the portable housing in fixed relation to
`
`the display (combination of Hassan, Sizer and Jachimowicz) .
`
`Claims 75 and 76 are rejected under 35 U.S.C. 103(a) as being unpatentable over Hassan
`
`(US 5,550,646), in view of Sizer, II (US 6,036,086) and further in view of Rostoker (US
`
`6,035,212).
`
`Regarding claim 75, combination of Hassan and Sizer does not disclose a removable
`
`memory. Rostoker discloses such feature (col. 9, lines 17-35). Therefore it would have been
`
`obvious to a person of ordinary skill in the art to include this feature in combination cell phone of
`
`Hassan and Sizcr to provide additional memory.
`
`Regarding claim 76, the combination of Hassan and Sizer disclose a display as discussed
`
`previously.
`
`Conclusion
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in this
`
`Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a).
`
`Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
`
`Page 10 of 12
`
`SAMSUNG EXHIBIT 1014
`
`Page 10 of 12
`
`SAMSUNG EXHIBIT 1014
`
`

`

`Application]Control Number: 11/617,509
`Art Unit: 2625
`
`Page 10
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHS from the mailing date of this action. In the event a first reply is filed Within TWO
`
`MONTHS of the mailing date of this final action and the advisory action is not mailed until after
`
`the end of the THREE-MONTH shortened statutory period, then the shortened statutory period
`
`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
`
`CFR 1.136(a) Will be calculated from the mailing date of the advisory action. In no event,
`
`however, will the statutory period for reply expire later than SIX MONTHS from the date of this
`
`final action.
`
`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 5 71-273-8300.
`
`Page 11 of 12
`
`SAMSUNG EXHIBIT 1014
`
`Page 11 of 12
`
`SAMSUNG EXHIBIT 1014
`
`

`

`Application/Control Number: 11/617,509
`Art Unit: 2625
`
`Page 11
`
`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 PA1R or Public PA1R. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`
`system, see http://pair—directuspto. 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.
`
`/H0ushang Safaipour/
`Primary Examiner, Art Unit 2625
`
`Page 12 of 12
`
`SAMSUNG EXHIBIT 1014
`
`Page 12 of 12
`
`SAMSUNG EXHIBIT 1014
`
`