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`
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`Samsung Electronics America, Inc.
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`By:
`Steven L. Park (stevenpark@paulhastings.com)
`Naveen Modi (naveenmodi@paulhastings.com)
`Elizabeth L. Brann (elizabethbrann@paulhastings.com)
`Paul Hastings LLP
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________________
`
`SAMSUNG ELECTRONICS CO., LTD. and
`SAMSUNG ELECTRONICS AMERICA, INC.
`Petitioner
`
`v.
`
`E-WATCH, INC.
`Patent Owner
`
`____________________
`
`Patent No. 7,365,871
`____________________
`
`DECLARATION OF DR. ALAN BOVIK
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`Page 1 of 51
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`SAMSUNG EXHIBIT 1005
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`I.
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`TABLE OF CONTENTS
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`Introduction ...................................................................................................... 1
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`II. Qualifications ................................................................................................... 1
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`III. Summary of Opinions ...................................................................................... 5
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`IV. The ’871 Patent ................................................................................................ 6
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`A. Overview of the ’871 Patent .................................................................. 6
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`B.
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`C.
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`Level of Ordinary Skill ......................................................................... 9
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`Claim Construction................................................................................ 9
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`V.
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`The Prior Art Discloses or Suggests All of the Features of Claims 9-
`11 of the ’871 Patent ......................................................................................10
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`A.
`
`Summary of the Prior Art ....................................................................10
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`1. Wilska ........................................................................................10
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`2.
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`3.
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`Yamagishi-114 ..........................................................................12
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`Kurashige ..................................................................................14
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`B.
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`The Combination of Wilska, Yamagishi-114, and Kurashige
`Discloses or Suggests All of the Features of Claims 9-11 ..................15
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`1.
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`2.
`
`3.
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`Claim 9 ......................................................................................16
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`Claim 10 ....................................................................................46
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`Claim 11 ....................................................................................48
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`VI. Conclusion .....................................................................................................48
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`i
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`I, Alan Bovik, declare as follows:
`
`Declaration of Dr. Alan Bovik
`Inter Partes Review - Patent No. 7,365,871
`
`
`I.
`
`Introduction
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`1.
`
`I have been retained by Samsung Electronics Co., Ltd. and Samsung
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`Electronics America, Inc. (collectively “Petitioner”) as an independent expert
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`consultant in this proceeding before the United States Patent and Trademark Office
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`(“PTO”) regarding U.S. Patent No. 7,365,871 (“the ’871 patent”) (Ex. 1001),
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`which I understand is owned by e-Watch, Inc. (“Patent Owner”). I have been
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`asked to consider the ’871 patent and whether certain references disclose or
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`suggest the features recited in claims 9-11 of the ’871 patent. My opinions are set
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`forth below.
`
`2.
`
`Although I am being compensated at my rate of $500 per hour for the
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`time I spend on this matter, no part of my compensation is dependent on the
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`outcome of this proceeding or any other proceeding involving the ’871 patent or
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`any related patent. Nor do I have any other interest in this proceeding or any other
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`proceeding involving the ’871 patent or any related patent.
`
`II. Qualifications
`I received a B.S. degree in Computer Engineering in 1980, a M.S.
`3.
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`degree in Electrical and Computer Engineering in 1982, and a Ph.D. degree in
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`Electrical and Computer Engineering in 1984, all from the University of Illinois,
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`Urbana-Champaign.
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`Declaration of Dr. Alan Bovik
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`I am currently a tenured full Professor and hold the Cockrell Family
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`4.
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`Regents Endowed Chair in Engineering at The University of Texas at Austin. My
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`appointments at The University of Texas are in the Department of Electrical and
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`Computer Engineering, the Department of Computer Sciences, and the Department
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`of Biomedical Engineering. I am also the Director of the Laboratory for Image and
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`Video Engineering (“LIVE”).
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`5. My research is in the general area of image and video processing,
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`computational vision, digital microscopy, and modeling of biological visual
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`perception. I have published over 700 technical articles in these areas and hold
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`four U.S. patents. I am also the author of The Handbook of Image and Video
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`Processing, Second Edition (Elsevier Academic Press, 2005); Modern Image
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`Quality Assessment (Morgan & Claypool, 2006); The Essential Guide to Image
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`Processing (Elsevier Academic Press, 2009); and The Essential Guide to Video
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`Processing (Elsevier Academic Press, 2009); as well as numerous other
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`publications.
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`6.
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`Among other awards and honors, I received the 2013 IEEE Signal
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`Processing Society’s “Society Award,” which is the highest honor given by the
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`Society, “[f]or fundamental contributions to digital image processing theory,
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`technology, leadership and education”; the Technical Achievement Award of the
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`IEEE Signal Processing Society in 2005, which is the highest technical honor
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`given by the Society, for “Broad and Lasting Contributions to the Field of Digital
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`Declaration of Dr. Alan Bovik
`Inter Partes Review - Patent No. 7,365,871
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`Image Processing”; and the Education Award of the IEEE Signal Processing
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`Society in 2008, which is the highest education honor given by the Society, for
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`“Broad and Lasting Contributions to Image Processing, including popular and
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`important image processing books, innovative on-line courseware, and for the
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`creation of the leading research and educational journal and conference in the
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`image processing field.”
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`7. My technical articles have been widely recognized as well. For
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`example, I received the 2009 IEEE Signal Processing Society Best Paper Award
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`for a paper titled, “Image quality assessment: From error visibility to structural
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`similarity,” published in IEEE Transactions on Image Processing, volume 13,
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`number 4, April 2004; and the 2013 Best Magazine Paper Award for a paper titled,
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`“Mean squared error: Love it or leave it? ― A new look at signal fidelity
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`measures,” published in IEEE Transactions on Image Processing, volume 26,
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`number 1, January 2009.
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`8.
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`I have also been honored by other technical organizations, including
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`the Society for Photo-optical and Instrumentation Engineers (SPIE), from which I
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`received the Technology Achievement Award in 2013 “[f]or Broad and Lasting
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`Contributions to the Field of Perception-Based Image Processing”; and the Society
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`for Imaging Science and Technology, which accorded me Honorary Membership,
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`which is the highest recognition by that Society given to a single individual, “[f]or
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`Declaration of Dr. Alan Bovik
`Inter Partes Review - Patent No. 7,365,871
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`his impact in shaping the direction and advancement of the field of perceptual
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`image processing.” I was also elected as a Fellow of the Institute of Electrical and
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`Electronics Engineers (IEEE) “[f]or Contributions to Nonlinear Image Processing”
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`in 1995; a Fellow of the Optical Society of America (OSA) for “fundamental
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`research contributions to and technical leadership in digital image and video
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`processing” in 2006; and as a Fellow of the Society of Photo-Optical and
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`Instrumentation Engineers (SPIE) for “pioneering technical, leadership, and
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`educational contributions to the field of image processing” in 2007.
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`9.
`
`Among other relevant research, I have worked with the National
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`Aeronautics and Space Administration (“NASA”) to develop high-compression
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`image sequence coding and animated vision technology for various military
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`projects for the Air Force Office of Scientific Research, Phillips Air Force Base,
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`the Army Research Office, and the Department of Defense. These projects have
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`focused on developing local spatio-temporal analysis in vision systems, scalable
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`processing of multi-sensor and multi-spectral imagery, image processing and data
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`compression tools for satellite imaging, AM-FM analysis of images and video, the
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`scientific foundations of image representation and analysis, computer vision
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`systems for automatic target recognition and automatic recognition of human
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`activities, vehicle structure recovery from a moving air platform, passive optical
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`modeling, and detection of speculated masses and architectural distortions in
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`Declaration of Dr. Alan Bovik
`Inter Partes Review - Patent No. 7,365,871
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`digitized mammograms. My research has also recently been funded by Texas
`
`Instruments, Intel, Cisco, and the National Institute of Standards and Technology
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`(NIST) for research on image and video quality assessment. I have also received
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`numerous grants from the National Science Foundation for research on image and
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`video processing and on computational vision.
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`10.
`
`I understand that my curriculum vitae, which includes a more detailed
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`summary of my background, experience, and publications, is being filed
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`concurrently with this declaration as Exhibit 1006.
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`III. Summary of Opinions
`11. All of the opinions contained in this declaration are based on the
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`documents I reviewed, my experience and background, and my knowledge and
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`professional judgment. In forming the opinions expressed in this declaration, I
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`reviewed the following documents, and other material and information identified in
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`this declaration:
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`• The ’871 patent (Ex. 1001), and its prosecution file history;
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`• U.S. Patent Application No. 09/006,073, and its prosecution file history;
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`• U.S. Patent No. 7,643,168 (“the ’168 patent”), and its prosecution file
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`history;
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`• U.K. Patent Application Pub. No. GB 2289555 to Wilska et al.
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`(“Wilska”) (Ex. 1002);
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`• JP Patent Application Pub. No. H06-176114 to Yamagishi, including an
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`English-language translation and a certificate of translation (“Yamagishi-
`
`114”) (Ex. 1003);1 and
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`• European Patent Application Pub. No. 0734156 to Kurashige et al.
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`(“Kurashige”) (Ex. 1004).
`
`12. My opinions have also been guided by my appreciation of how a
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`person of ordinary skill in the art would have understood claims 9-11 of the ’871
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`patent at the time of the alleged invention, which I have been asked to initially
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`assume is January 12, 1998.
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`13. Based on my experience and expertise, it is my opinion that certain
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`references identified in this declaration, which I occasionally refer to as “prior art,”
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`disclose or suggest all the features recited in claims 9-11 of the ’871 patent.
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`IV. The ’871 Patent
`A. Overview of the ’871 Patent
`14. The ’871 patent is entitled “Apparatus for Capturing, Converting and
`
`Transmitting a Visual Image Signal via a Digital Transmission System.” I
`
`understand that it was filed on January 3, 2003, and issued on April 29, 2008, from
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`1 Citations to Yamagishi-114 are to the English-language translation.
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`U.S. Patent Application No. 10/336,470. I also understand that the ’871 patent
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`Declaration of Dr. Alan Bovik
`Inter Partes Review - Patent No. 7,365,871
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`claims priority as a divisional of U.S. Patent Application No. 09/006,073, filed on
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`January 12, 1998, which is now abandoned.
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`15. The ’871 patent is generally “directed to an image capture,
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`compression and transmission system for use in connection with land line and
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`wireless telephone systems.” Ex. 1001 at 1:16-20. In particular, the ’871 patent
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`describes a device for capturing, converting, and transmitting images. See, e.g., id.
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`at 1:29-36, 5:29-6:45. Images may be captured by one of a number of different
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`types of devices, including “a digital camera, an analog camera, or a video camera
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`such as a camcorder.” See id. at 1:37-39; see also id. at 10:31-35, 11:3-6, Figs.
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`6A-C, 7A-B. The images can then be converted into an appropriate signal for
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`transmission to a remote device using, for example, cellular transmission, radio
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`signal, satellite transmission, or hard line telephonic transmission. See, e.g., id. at
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`1:29-32, 1:64-67, 4:58-5:13, 5:38-6:45. In one configuration, each image is
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`transmitted as it is captured. See, e.g., id. at 5:6-10, 5:29-6:14. In another
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`configuration, images are captured, stored, and selectively recalled for
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`transmission. See, e.g., id. at 5:6-10, 6:15-45.
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`16. An example of a device for capturing, converting, and transmitting
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`images is shown in Figure 6B below. Id. at 10:36-51. The device includes “a
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`battery powered portable module 160 having a self-contained power source 162,”
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`“an integral RAM and/or the removable memory module as indicated by the image
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`card 72,” an “analog camera 10,” a “viewfinder 170,” and “a cellular telephone.”
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`Id. “The camera 10 can be an integral feature of the portable module 160, or can
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`be a detached unit, as desired.” Id. at 10:41-43. “[T]he cellular phone can be used
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`as both an input and an output device.” Id. at 10:48-51. For example, the cellular
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`phone can be used to transmit an image data signal. Id. at 10:43-48. The
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`viewfinder can be used to view incoming data or stored images. Id. at 10:48-51.
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`According to the ’871 patent, such a “modular” configuration (i.e., components can
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`be “integrated or independent units”) provides maximum “flexibility.” Id. at 1:33-
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`36.
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`17. The ’871 patent includes fifteen claims. I have only been asked to
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`analyze claims 9-11, which are generally directed to “[a] combination of handheld
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`cellular telephone and electronic camera.” In my opinion, the features, as well as
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`the specific combination of the features, recited in claims 9-11 were well known at
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`Declaration of Dr. Alan Bovik
`Inter Partes Review - Patent No. 7,365,871
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`the time of the alleged invention, as discussed further below.
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`B.
`18.
`
`Level of Ordinary Skill
`
`In my opinion, based on the materials and information I have
`
`reviewed, and on my extensive experience working in the technical areas relevant
`
`to the ’871 patent, a person of ordinary skill in the art at the time of the alleged
`
`invention would have had at least a B.S. degree in electrical engineering, computer
`
`science, or equivalent thereof, and at least 3-5 years of experience in the field of
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`digital imaging devices. More education could substitute for experience, and
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`experience, especially when combined with training, could substitute for formal
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`college education.
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`C. Claim Construction
`I understand that a claim subject to inter partes review receives the
`19.
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`broadest reasonable interpretation in light of the specification of the patent in
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`which it appears. I also understand that any term that is not construed should be
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`given its plain and ordinary meaning under the broadest reasonable interpretation.
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`I have followed these principles in my analysis.
`
`20.
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`In IPR2014-00987, I understand that the Patent Trial and Appeal
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`Board (“Board”), applying the broadest reasonable interpretation standard,
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`construed “framing the image to be captured,” which appears in claim 9, as
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`“establishing the boundaries of the image to be captured.” Ex. 1008 at 6-7. I have
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`Declaration of Dr. Alan Bovik
`Inter Partes Review - Patent No. 7,365,871
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`been asked to and use this construction and understanding in my analysis.
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`21.
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`I have used the plain and ordinary meaning, under the broadest
`
`reasonable interpretation, of the remaining claim terms in the ’871 patent in my
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`analysis.
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`V. The Prior Art Discloses or Suggests All of the Features of Claims 9-11 of
`the ’871 Patent
`
`22.
`
`In forming my opinions, I have reviewed, among other materials, the
`
`following references: Wilska (Ex. 1002), Yamagishi-114 (Ex. 1003),2 and
`
`Kurashige (Ex. 1004). In my opinion, these references disclose or suggest each
`
`feature recited in claims 9-11 of the ’871 patent.
`
`A.
`
`Summary of the Prior Art
`1. Wilska
`23. Wilska is a U.K. Patent Application Publication (GB 2289555)
`
`entitled “Device for Personal Communications, Data Collection and Data
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`Processing and a Circuit Card.” I understand it is prior art because it was
`
`published on November 22, 1995, which is before the assumed earliest priority
`
`date of January 12, 1998.
`
`24. Wilska describes a portable “device for personal communication, data
`
`collection, and data processing.” Ex. 1002 at Abstract. As shown in Figures 1-3,
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`2 Citations to Yamagishi-114 are to the English-language translation.
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`the device, referred to as “a notebook computer,” includes, for example, “a data
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`processing unit (2)”; “a display (9)”; “a user interface (10, 11)”; “a camera unit
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`(14)”; a “cellular mobile phone unit (17)”; “at least one memory unit (13)”; “a
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`power source, preferably a battery (3)”; and “application software.” See, e.g., id. at
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`Abstract, 3:17-6:23, Figs. 1-3. The device described in Wilska includes software
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`that provides various functionalities including “telephone services which are based
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`on the cellular mobile phone (data transmission and/or speech transmission
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`properties), facsimile services, electronic mail, short message service/SMS, . . .
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`camera functions to record images and paper documents,” etc. Id. at 6:4-12.
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`25. Wilska explains that the device’s camera unit is a “data collection unit
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`[that] can be used to transfer data presented on paper or the like as well as an
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`image taken of the surroundings, for instance of a person, to the notebook
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`computer to be processed further.” Id. at 5:5-7. The camera unit can be “fixedly
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`integrated to the notebook computer or connectable to the card slot of the notebook
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`computer as camera card 15.” Id. at 7:21-23; see also id. at Abstract, 4:27-30, 5:9-
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`10, Figs. 4-6. Preferably, the camera unit is “implemented as a CCD camera
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`comprising a two-dimensional light-sensitive CCD sensor.” Id. at 7:9-11, Fig. 5.
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`Once data is collected using the camera unit (i.e., an image), it can be displayed
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`and/or transmitted to a receiver “via cellular mobile phone unit 17.” Id. at 7:26-
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`8:2, 8:21-24, 9:28-10:7.
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`Yamagishi-114
`2.
`26. Yamagishi-114 is a Japanese Patent Application Publication (H06-
`
`176114) entitled “Image Processing System and Information Processor.” I
`
`understand it is prior art because it was published on June 24, 1994, which is
`
`before the assumed earliest priority date of January 12, 1998.
`
`27. Yamagishi-114 describes a device that includes “an image pickup
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`apparatus” and “an information processing apparatus.” See, e.g., Ex. 1003 at 3:32-
`
`37, 4:11-6:5, 9:48-10:17, 12:16-46, 15:3-31, 18:11-20:2, Figs. 1A-B, 6A-B, 8A-B,
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`13, 14. Referring to Figure 1A, an image pickup apparatus may include, for
`
`example, “image pickup means 202, program storage means 50, an interface 52,
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`and a connector 54.” Id. at 4:14-5:2. As shown in Figure 1B, an information
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`processing apparatus may include “control means 60” for controlling the whole
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`information processing apparatus, “memory means [62]” for storing programs and
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`variables for performing the operations of the control means, “display means [64]”
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`for displaying characters and images, “operating means [66]” for use in entering a
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`variety of operational commands (e.g., a pen, a mouse, a trackball, a touch-
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`sensitive panel, a line-of-sight sensor, keys, switches), “recording medium 90”
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`such as a hard disk or a memory card, and “communication means [100]” for
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`communicating with external equipment. See, e.g., id. at 5:4-6:5, 7:16-18, 18:29-
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`34.
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`28. The display means can operate in “through mode,” “monitor mode,”
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`or both modes in a side-by-side orientation. See, e.g., id. at 7:18-20, 18:25-29. In
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`through mode, the display screen operates as a viewfinder to continuously show
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`images that can be captured by an image pickup apparatus. Id. In monitor mode,
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`the display screen is used to select and display an image stored in memory. Id. at
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`7:18-21.
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`29. Figures 13 and 14 illustrate embodiments of the device described in
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`Yamagishi-114. Id. at 18:11-45. The embodiment of Figure 14 below illustrates a
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`device with an image pickup means and a portable wireless telephone as the
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`information processing apparatus. Id. at 18:23-45. The device in Figure 14 can be
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`used for telephoning or imaging. Id. at 36-45. And the device’s communication
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`means can be used to communicate with external equipment. Id. at 5:38-47.
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`Kurashige
`3.
`30. Kurashige is a European Patent Application Publication (No.
`
`0734156) entitled “Video Camera and Its Setup Method.” I understand it is prior
`
`art because it was published on September 25, 1996, which is before the assumed
`
`earliest priority date of January 12, 1998.
`
`31. Kurashige discloses a video camera and a video camera setup method.
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`See, e.g., Ex. 1004 at 2:5-9, 3:46-4:18, 19:3-6. Kurashige explains that the video
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`camera “has memory means for storing setup data for setting up the video camera,
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`and the video camera body has a control means for setting up the video camera
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`based on the setup data stored in the memory means.” Id. at 3:48-50. For
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`example, Kurashige describes an embodiment comprising a camera with setup data
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`stored in an EEPROM (electrically erasable programmable read-only memory),
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`which is connected to a microcomputer. See, e.g., id. at 5:42-51, 6:23-28. When
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`the camera is powered on, the setup data is read by the microcomputer and used to
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`automatically “setup . . . the circuits of the picture pickup block 12 in the optical
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`head body 1 and the camera body 2.” See, e.g., id. at 6:23-28. Kurashige discloses
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`various camera features that can be controlled during the setup process, including
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`gain (id. at 5:10-16, 7:9-25), setup (id. at 3:48-52, 5:42-51, 6:23-28), white clip (id.
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`at 7:55-8:4), white balance (id. at 7:9-21, 8:2-4, 17:58-18:7), and lens iris (id. at
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`17:58-18:7). Kurashige also discloses a camera control unit (CCU) that controls
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`camera “pedestal level.” Id. at 2:50-51.
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`32. One object of the camera and setup method described in Kurashige is
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`to eliminate or reduce “adjustments to the camera body side when the picture
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`pickup block is replaced and the reassembly of circuit boards formerly required
`
`when the signal-use location was changed.” Id. at 4:9-11.
`
`B.
`
`33.
`
`The Combination of Wilska, Yamagishi-114, and Kurashige
`Discloses or Suggests All of the Features of Claims 9-11
`In my opinion, the combination of Wilska, Yamagishi-114, and
`
`Kurashige discloses or suggests each feature recited in claims 9-11 of the ’871
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`patent.
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`Declaration of Dr. Alan Bovik
`Inter Partes Review - Patent No. 7,365,871
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`Claim 9
`1.
`In my opinion, Wilska discloses or suggests “[a] combination of
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`34.
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`handheld cellular telephone and electronic camera comprising,” as recited in
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`claim 9.
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`35. For example, as illustrated in Figure 1 below, Wilska describes a
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`small-sized, portable, and hand-held device (referred to as a “notebook computer”)
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`for personal communication, data collection, and data processing. See, e.g., Ex.
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`1002 at Abstract, 1:4-9, 3:22-26, 10:20-24, claims 1, 9, Figs. 1, 2, 6-9.
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`36. The device includes “a radiotelephone, i.e., cellular mobile phone unit
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`17, preferably as an integrated part thereof.” Id. at 5:22-23; see also id. at 5:23-
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`6:2, claim 4, Fig. 3 (element 17). The mobile phone unit “is based on the standard
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`cellular mobile phone technology,” and can transmit both data and speech over a
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`digital cellular network using, for example, the GSM (Global System for Mobile
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`Declaration of Dr. Alan Bovik
`Inter Partes Review - Patent No. 7,365,871
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`Communications) standard. Id. at 5:22-23, 6:6-12.
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`37. The device also includes “a data collection device which is
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`implemented by means of a camera unit.” Id. at 4:27-28; see also id. at 4:28-5:20,
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`6:14-9:30, 13:22-25, Figs. 1, 3-5. The camera may be fixedly integrated into the
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`device, or it may be provided in the form of a circuit card (e.g., a PCMCIA card).
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`See, e.g., id. at 4:28-32, 5:9-14, 7:1-23, Figs. 1, 3-5. The camera includes “camera
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`14a” (e.g., CCD), “optics 14b,” and “image processing unit 14c,” which comprises
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`a “microprocessor 23 and a number of memory units 24.” Id. at 7:2-15; see also
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`id. at 5:2-5, Figs. 1, 3-5. The camera captures images, which can then be
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`transmitted to another device using, for example, fax or email. See, e.g., id. at 5:2-
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`7, 5:22-6:2, 6:6-12, 7:21-26, 9:23-10:2, 13:2-18, 13:20-27.
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`38.
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`In my opinion, Wilska discloses or suggests “a housing,” as recited in
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`claim 9.
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`39. As illustrated in Figure 1 above, Wilska discloses a small-sized,
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`portable, and hand-held device with dimensions of “170 mm x 85 mm x 30 mm
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`(length x width x height) and the weight 1000 g at the most, preferably 800 g or
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`less.”3 Id. at 3:22-26; see also id. at Abstract, 1:5-9, 10:20-24, Figs. 1, 2, 6-9.
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`3 In inches, the dimensions of the device are 6.7 x 3.3 x 1.2 inches.
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`Declaration of Dr. Alan Bovik
`Inter Partes Review - Patent No. 7,365,871
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`In my opinion, Wilska discloses or suggests “an electronic camera
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`40.
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`integral within the housing,” as recited in claim 9.
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`41. As discussed above, Wilska describes a device with an integrated
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`electronic camera. For example, Wilska describes a data collection unit which is
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`implemented by means of a camera unit that is “fitted in housing 1 of the notebook
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`computer as a stationary part thereof.” Id. at 4:27-32; see also id. at 7:1-23, Figs.
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`1, 3. The camera includes “camera 14a” (e.g., CCD), “optics 14b,” and “image
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`processing unit 14c,” which comprises a “microprocessor 23 and a number of
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`memory units 24.” Id. at 7:2-15; see also id. at 5:2-5, Figs. 1, 3-5. The camera
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`captures images, which can then be transmitted to another device using, for
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`example, fax or email. See, e.g., id. at 5:2-7, 5:22-6:2, 6:6-12, 7:21-26, 9:23-10:2,
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`13:2-18, 13:20-27.
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`42.
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`In my opinion, the combination of Wilska and Yamagishi-114
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`discloses or suggests “a display in the housing for framing the image to be
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`captured by an image capture device and for viewing the image, whereby an
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`operator can view and frame the image prior to capture,” as recited in claim 9.
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`43. As illustrated in Figures 1-3 and 6-8, the device described in Wilska
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`includes a display. Referring to Figures 1 and 2, for example, Wilska explains that
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`“[t]he notebook computer further comprises display 9 which is arranged . . .
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`fixedly in connection with housing 1.” Id. at 4:6-8. The display may be “a liquid
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`crystal display, the resolution of which is at least 640 x 200 pixels and the
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`Declaration of Dr. Alan Bovik
`Inter Partes Review - Patent No. 7,365,871
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`dimensions in the order of 130 mm x 70 mm.” Id. at 4:8-11. Images captured by
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`the device can be viewed on the display. See, e.g., id. at 7:26-8:2, 8:21-24, 10:4-7.
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`Therefore, in my opinion, Wilska discloses a display in the housing for viewing the
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`image, as recited in claim 9.
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`44. Wilska does not explicitly disclose a display in the housing for
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`framing the image to be captured (i.e., establishing the boundaries of the image to
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`be captured) by an image capture device, whereby an operator can view and frame
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`the image prior to capture, as recited in claim 9. Yamagishi-114, however,
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`discloses all of the features of claim 9. See, e.g., Ex. 1003 at 5:8-10, 7:6-23, 8:18-
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`23, 18:25-34, 20:24-27, Figs. 1A-B, 2B, 6A-B, 8A-B, 9B, 10B, 13, 14. For
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`example, Yamagishi-114’s display can operate in a “monitor mode,” in which the
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`display is used to select and display an image stored in memory. See, e.g., id. at
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`7:18-21, 20:29-32. Yamagishi-114’s display can also operate in a “through mode,”
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`in which the display operates as a viewfinder to continuously show images that can
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`be captured by the integrated camera. See, e.g., id. at 7:18-20, 8:18-23, 18:25-29,
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`Figs. 2B, 9B, 10B, 13, 14. For instance, Figure 14 below (annotated) shows an
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`embodiment of the portable wireless telephone and integrated camera disclosed in
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`Yamagishi-114 with a display having “the viewfinder display screen . . . in the
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`upper window.” Id. at 18:26-28.
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`Declaration of Dr. Alan Bovik
`Inter Partes Review - Patent No. 7,365,871
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`Therefore, Yamagishi-114 describes a display for viewing images (i.e., monitor-
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`mode display), and for establishing the boundaries of the image to be captured,
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`whereby an operator can view and establish the boundaries of the image prior to
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`capture (i.e., through-mode display).
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`45.
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`In my opinion, a person of ordinary skill in the art at the time of the
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`alleged invention would have been motivated to modify the display disclosed in
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`Wilska based on the above disclosure of Yamagishi-114 to display images to-be-
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`captured by the camera unit, similar to that disclosed by Yamagishi-114, because it
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`would have provided another well-known means for establishing the boundaries of
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`an image to be captured. Also, as shown in Yamagishi-114, using a display as a
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`Declaration of Dr. Alan Bovik
`Inter Partes Review - Patent No. 7,365,871
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`viewfinder would eliminate the need for a separate optical or digital viewfinder,
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`which would have reduced the size and cost of Wilska’s device. In addition, a
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`person of ordinary skill in the art at the time of the alleged invention would have
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`recognized that having a single display for viewing both stored images and images-
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`to-be captured would have simplified and improved overall user experience of
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`Wilska’s device. One skilled in the art would have been motivated to look to
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`Yamagishi-114 to compliment the features of the device and processes of Wilska
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`given both references describe portable digital imaging devices with displays, and
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`various methods to capture, store, process, display, and transmit images. See
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`discussions above in paragraphs 23-29. Therefore, a person of ordinary skill
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`would have recognized that such a modification would have been nothing more
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`than a commonsense combination of known elements in a predictable way to
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`produce predictable results.
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`46.
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`In my opinion, the combination of Wilska and Yamagishi-114
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`discloses or suggests “a processor for processing the image framed by the camera
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`for generating a digitized framed image as displayed in the display,” as recited in
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`claim 9.
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`47. For example, Wilska describes processing units (e.g., “processing unit
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`14c,” which includes “microprocessor 23”) for generating digitized images (e.g., a
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`bitmap) for display, transmission, etc. Ex. 1002 at