throbber

`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria. Virginia 223134450
`www.uspto.gov
`
`NOTICE OF ALLOWANCE AND FEE(S) DUE
`
`MOORE LANDREY
`1609SH0ALCREEKBLVD
`
`AUSTIN, TX 78701
`
`SAFAIPOUR, HOUSHANG
`
`2625
`DATE MAILED: 12/27/2007
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO
`
`07-0197
`David A. Monroe
`01/03/2003
`10/336,470
`TITLE OF INVENTION: APPARATUS FOR CAPTURING, CONVERTING AND TRANSMITTING A VISUAL IMAGE SIGNAL VIA A DIGITAL
`TRANSMISSION SYSTEM
`
`8448
`
`APPLN. TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`$1440
`
`$300
`
`$1740
`
`03/2 7/2008
`
`THE APPLICATION IDENTIFIED ABOVE HAS BEEN EXAMINED AND IS ALLOWED FOR ISSUANCE AS A PATENT.
`
`THIS APPLICATION IS SUBJECT TO WITHDRAWAL FROM ISSUE AT THE INITIATIVE OF THE OFFICE OR UPON
`PETITION BY THE APPLICANT. SEE 37 CFR 1.313 AND MPEP 1308.
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`THE ISSUE FEE AND PUBLICATION FEE (IF REQUIRED) MUST BE PAID WITHIN THREE MONTHS FROM THE
`MAILING DATE OF THIS NOTICE OR THIS APPLICATION SHALL BE REGARDED AS ABANDONED.
`THIS
`STA! [JTQBXm QAEISQT E.w. SEE 35 U.S.C. 151. THE ISSUE FEE DUE INDICATED ABOVE DOES
`NOT REFLECT A CREDIT FOR ANY PREVIOUSLY PAID ISSUE FEE IN THIS APPLICATION.
`IF AN ISSUE FEE HAS
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`WILL BE CONSIDERED A REQUEST TO REAPPLY THE PREVIOUSLY PAID ISSUE FEE TOWARD THE ISSUE FEE NOW
`DUE.
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`HOW TO REPLY TO THIS NOTICE:
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`1. Review the SMALL ENTITY status shown above.
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`A. If the status is the same, pay the TOTAL FEE(S) DUE shown
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`and- twice the amount of the ISSUE FEE shown above, or
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`Transmittal and pay the PUBLICATION FEE (if required) and l/2
`the ISSUE FEE shown above.
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`11. PART B - FEE(S) TRANSMITTAL, or its equivalent, must be completed and returned to the United States Patent and Trademark Office
`(USPTO) with your ISSUE FEE and PUBLICATION FEE (if required). If you are charging the fee(s) to your deposit account, section "4b"
`of Part B - Fee(s) Transmittal should be completed and an extra copy of the form should be submitted. If an equivalent of Part B is filed, a
`request to reapply a previously paid issue fee must be clearly made, and delays in processing may occur due to the difficulty in recognizing
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`111. All communications regarding this application must give the application number. Please direct all communications prior to issuance to
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`IMPORTANT REMINDER: Utility patents issuing on applications filed on or after Dec. 12, 1980 may require payment of
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`Page 1 0f 11
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`Page 1 of3
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`SAMSUNG EXHIBIT 1011
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`Page 1 of 11
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`SAMSUNG EXHIBIT 1011
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`

`

`PART B - FEE(S) TRANSMITTAL
`
`Complete and send this form, together with applicable fee(s), to: Mail Mail Stop ISSUE FEE
`Commissioner for Patents
`PO. Box 1450
`Alexandria, Virginia 22313-1450
`(571)-273-2885
`
`or E3;
`
`7590
`67589
`MOORE LANDREY
`1609 SHOAL CREEK BLVD
`AUSTIN, TX 78701
`
`I2/Z7/2007
`
`through 5 should be completed where
`INSTRUCTIONS: This form should be used for transmitting the ISSUE FEE and PUBLICATION FEE (if required% Blocks I
`appropriate. All fithher correspondence including the Patent, advance orders and notification of maintenance fees will
`e mailed to the current corres ondence address as
`maintenance ee noti ications.
`in icated unlpss corrfected below or directed otherwise in Block I, by (a) specifying a new correspondence address; and/or (b) indicating a separate " EE ADDRESS" for
`CURRENT CORRESPONDENCE ADDRESS (Notc:Usc Block I forany change ofaddress)
`NOW: A certificate 0i maliln can only 56 11563 iOT 301116500 mailings oi the
`Fee(s) Transmittal. This certi icate cannot be used for any other accompanying
`papers. Each additional paper, such as an asSignment or formal drawmg, must
`ave its own certificate of mailing or transmiSSion.
`C
`fi
`I'M ili
`T
`i
`I
`rig or
`erti cate o
`a
`ransm $5 on
`that this IFee s Transmittal isf be%ng depositedllwith the Unlited
`IShereb cerfif
`erVice wrt
`su iCient osta e or irst cass mai
`in an enve o e
`tates osta
`addressed to the Mail Sto
`ISSUEpFEEgaddress above, or bein
`facsimiie
`transmitted to the USPTO ( 7]) 273-2885, on the date indicated be ow,
`(Dcpositor's name)
`
`
`
`
`(Signature)
`
`
`
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`07-0 I 97
`David A. Monroe
`OI /03/2003
`10/3 36,470
`TITLE OF INVENTION: APPARATUS FOR CAPTURING, CONVERTING AND TRANSMITTING A VISUAL IMAGE SIGNAL VIA A DIGITAL
`TRANSMISSION SYSTEM
`
`8448
`
`APPLN, TYPE
`
`SMALL ENTITY
`
`ISSUE FEE DUE
`
`PUBLICATION FEE DUE
`
`PREV. PAID ISSUE FEE
`
`TOTAL FEE(S) DUE
`
`DATE DUE
`
`nonprovisional
`
`NO
`
`SAFAIPOUR, HOUSI-IANG
`
`$1440
`
`2625
`
`1. Chan e of correspondence address or indication of "Fee Address" (37
`CFR I. 63).
`D Chan e of corres ondence address (or Change of Correspondence
`Address orm PTO/ 8/122) attached.
`
`D "Fee Address" indication (or "Fee Address" Indication form
`PTO/SB/47; Rev 03-02 or more recent) attached. Use of a Customer
`Number is required.
`
`$300
`
`$0
`
`$1740
`
`03/27/2008
`
`358-474000
`
`2. For printing on the patent front page, list
`(I) the names of up to 3 registered patent attorneys
`or agents OR, alternatively,
`(2) the name ofa single firm (having as a member a
`registered attorney or agent) and the names of up to
`2 registered patent attorneys or agents. If no name is
`listed, no name Will be printed.
`
`
`
`l
`
`2
`
`3
`
`3. ASSIGNEE NAME AND RESIDENCE DATA TO BE PRINTED ON THE PATENT (print or type)
`If an assignee is identified below, the document has been filed for
`PLEASE NOTE: Unless an assi
`ee is identified below, no assignee data will appear on the patent.
`recordation as set forth in 37 CF 3.I I. Completion of this form is NOT a substitute for filing an aSSIgnment.
`(A) NAME OF ASSIGNEE
`(B) RESIDENCE: (CITY and STATE OR COUNTRY)
`
`Please check the appropriate assignee category or categories (will not be printed on the patent) : D Individual D Corporation or other private group entity D Government
`
`4a. The following fee(s) are submitted:
`E] Issue Fee
`
`.
`
`4b. Payment of Fee(s): (Please first reapply any previously paid issue fee shown above)
`D A check is enclosed.
`
`D Payment by credit card. Form PTO-2038 is attached.
`D Publication Fee (No small entity discount permitted)
`D Advance Order - # of Copies
`D The Director is hereby authorized to charge the required fee(s), any deficiency, or credit. any
`
`overpayment, to Deposn Account Number enclose an extra copy of this form).
`5. Change in Entity Status (from status indicated above)
`D b. Applicant is no longer claiming SMALL ENTITY status. See 37 CFR |.27(g)(2).
`D a. Applicant claims SMALL ENTITY status. See 37 CFR l.27.
`NOTE: The Issue Fee and Publication Fee (if required) will not be accepted from anyone other than the applicant; a registered attorney or agent; or the assignee or other party in
`interest as shown b the records of the United States Patent and Trademark Office.
`
`’
`
`Authorized Signature
`
`Typed or printed name
`
`Date
`
`Registration No.
`
`This collection ofinformation is required by 37 CFR l.3l I. The information is re uired to obtain or retain a benefit by the public which is to file (and by the USPTO to process)
`-an application. Confidentiality is governed by 35 U.S.C. I22 and 37 CFR l.l4. T is collection is estimated to take I minutes to complete, including gathering, preparing, and
`submitting the completed application form to the USPTO. Time will va
`de endin upon the individual case. Any comments on the amount of time you require to com lete
`this form and/or stfgestions for reducmg this burden, should be sent to t e Ciiief Infiormation Officer, US. Patent and Trademark Office, US. Department ofCommerce,
`.0.
`Box I450, Alexan na, Vir inia 22313-1450. DO NOT SEND FEES 0R COMPLETED FORMS TO THIS ADDRESS. SEND TO: Commissroner for Patents, PO. Box I450,
`Alexandria, Virginia 223 If-MSO.
`
`Under the Paperwork Reduction Act of I995, no persons are required to respond to a collection of information unless it displays a valid OMB control number.
`
`Page 2 of 11
`PTOL-85 (Rev. 08/07) Approved for use through 08/3I/2010.
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`OMB 0651-0033
`
`SAMSUNG EXHIBIT 1011
`US. Patent and Trademark Office; US. DEPARTMENT OF COMMERCE
`
`Page 2 of 11
`
`SAMSUNG EXHIBIT 1011
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`

`

`
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box I450
`Alexandria. Virginia 223I3-I450
`www.usp|o.gov
`
`APPLICATION NO.
`
`FILING DATE
`
`FIRST NAMED TNVENTOR
`
`ATTORNEY DOCKET NO.
`
`CONFIRMATION NO.
`
`10/336,470
`
`OI/03/2003
`
`David A. Monroe
`
`07-0197
`
`8448
`
`MOORE LANDREY
`I609 SHOAL CREEK BLVD
`
`AUSTIN, TX 78701
`
`SAFAIPOUR, HOUSHANG
`PAPER NUMBER
`
`2625
`DATE MAILED: 12/27/2007
`
`Determination of Patent Term Adjustment under 35 U.S.C. 154 (b)
`(application filed on or after May 29, 2000)
`
`The Patent Term Adjustment to date is 0 day(s). If the issue fee is paid on the date that is three months after the
`mailing date of this notice and the patent issues on the Tuesday before the date thatis 28 weeks (six and a half
`months) after the mailing date of this notice, the Patent Term Adjustment will be 0 day(s).
`
`If a Continued Prosecution Application (CPA) was filed in the above-identified application, the filing date that
`determines Patent Term Adjustment is the filing date of the most recent CPA.
`
`Applicant will be able to obtain more detailed information by accessing the Patent Application Information Retrieval
`(PAIR) WEB site (http://pair.uspto. gov).
`.
`
`Any questions regarding the Patent Term Extension or Adjustment determination should be directed to the Office of
`Patent Legal Administration at (571)-272-7702. Questions relating to issue and publication fee payments should be
`directed to the Customer Service Center of the Office of Patent Publication at
`l-(888)-786-0101
`or
`
`(571)-272-4200.
`
`Page 3 of 11
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`SAMSUNG EXHIBIT 1011
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`

`
`
`_
`,
`_
`Notice of Allowability
`
`10/336,470
`Examiner
`
`- Houshang Safaipour
`
`Application No.
`
`Applicant(s)
`
`MONROE. DAVID A.
`An Unit
`
`2625
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address--
`All claims being allowable. PROSECUTION ON THE MERITS IS (OR REMAINS) CLOSED in this application.
`If not included
`herewith (or previously mailed), a Notice of Allowance (PTOL-85) or other appropriate communication will be mailed in due course. THIS
`NOTICE OF ALLOWABILITY IS NOT A GRANT OF PATENT RIGHTS. This application is subject to withdrawal from iSSue at the initiative
`of the Office or upon petition by the applicant. See 37 CFR 1.313 and MPEP 1308.
`
`1. IE This communication is responsive to an amendment filed on 10/13/2007.
`
`
`2. IE The allowed claim(s) is/are 43-45 48 50-52 54 55 60 and 62-66.
`
`3. [:1 Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`a) I] All
`b) I] Some‘
`c) I] None
`of the:
`
`1. E] Certified copies of the priority documents have been received.
`
`2. C] Certified copies of the priority documents have been received in Application No. _
`
`3. [:1 Copies of the certified copies of the priority documents have been received in this national stage application from the
`
`International Bureau (PCT Rule 17.2(a)).
`
`* Certified copies not received:
`
`Applicant has THREE MONTHS FROM THE “MAILING DATE" of this communication to file a reply complying with the requirements
`noted below. Failure to timely comply will result in ABANDONMENT of this application.
`THIS THREE-MONTH PERIOD IS NOT EXTENDABLE.
`
`4. E] A SUBSTITUTE OATH OR DECLARATION must be submitted. Note the attached EXAMINER'S AMENDMENT or NOTICE OF
`INFORMAL PATENT APPLICATION (PTO-152) which gives reason(s) why the oath or declaration is deficient.
`
`5. E] CORRECTED DRAWINGS ( as "replacement sheets") must be submitted.
`(a) {:1 including changes required by the Notice of Draftsperson’s Patent Drawing Review ( PTO-948) attached
`
`1) I] hereto or 2) [:1 to Paper No./MaiI Date
`
`.
`
`(b) [:1 including changes required by the attached Examiner's Amendment / Comment or in the Office action of
`Paper No./Mail Date
`.
`
`Identifying indicia such as the application number (see 37 CFR 1.84(c)) should be written on the drawings in the front (not the back) of
`each sheet. Replacement sheet(s) should be labeled as such in the header according to 37 CFR 1.121(d).
`
`6. [:1 DEPOSIT OF and/or INFORMATION about the deposit of BIOLOGICAL MATERIAL must besubmitted. Note the
`attached Examiner’s comment regarding REQUIREMENT FOR THE DEPOSIT OF BIOLOGICAL MATERIAL.
`
`Attachment(s)
`1. 8 Notice of References Cited (PTO-892)
`2. El Notice of Draftperson's Patent Drawing Review (PTO-948)
`
`3. [:1 Information Disclosure Statements (PTO/SB/O8).
`Paper No./Mai| Date
`4. CI Examiner's Comment Regarding Requirement for Deposit
`of Biological Material
`
`5. El Notice of Informal Patent Application
`6. E] Interview Summary (PTO—413),
`Paper No./Mail Date
`.
`Examiner's Amendment/Comment
`'
`8. IXI Examiner's Statement of Reasons for Allowance
`
`7.
`
`9. El Other ___..
`
`US. Patent and Trademark Office
`
`PTOL-37 (Repgfig 4 Of 1 1
`
`Notice of Allowability
`
`SAMSU NGPEwlffiErlhterrfiqfite 20071126
`
`
`
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`

`

`Application/Control Number:
`10/3 36,470
`Art Unit: 2625
`
`Page 5
`
`Reasons for Allowance
`
`,
`
`1.
`
`Claims 1-42, 46, 47, 49, 53, 56-59 and 61 are canceled.
`
`2.
`
`3.
`
`Claims 43-45, 48, 50-52, 54, 55, 60 and 62-66 are allowed.
`
`This is examiner’s statement of reasons for allowance.
`
`Regarding claims 43-45, 48 and 50, the prior art, either singularly or in combination, does
`
`not teach or suggest 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:
`
`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 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;
`
`Regarding claims 51, 52, and 54, the prior art, either singularly or in combination, does
`
`not teach or suggest a handheld cellular telephone having an integrated electronic camera for
`
`both sending and receiving telephonic audio signals and for capturing a visual image, converting
`
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`Application/Control Number:
`10/336,470
`Art Unit: 2625
`
`Page 6
`
`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; 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;
`
`Regarding claims 55, 60, and 62-66, the prior art, either singularly or in combination,
`
`does not teach or suggest a combination of handheld cellular telephone and electronic camera
`
`comprising:
`
`an electronic camera integral within the housing; a display in the housing for framing the ,
`
`image to be captured by an image capture device and for viewing the image whereby an operator
`
`can view and frame the image prior to capture; a memory associated with the processor for
`
`receiving and storing the digitized framed image for selectively displaying the digitized framed
`
`image in the display window and for selectively transmitting the digitized framed image over a
`
`cellular-telephone network; a cellular telephone in the housing for accepting and digitizing audio
`
`signals to be transmitted and for converting received digitized audio signals into acoustic audio,
`
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`Application/Control Number:
`10/336,470
`Art Unit: 2625
`
`Page 7
`
`the cellular telephone further for transmitting and receiving non-audio digital signals including
`
`digitized image signals;
`
`The features identified, in combination with other claim limitations, are neither suggested
`
`nor discussed by the prior art of record.
`
`Any comments considered necessary by applicant must be submitted no later than the
`
`payment of the issue fee and, to avoid processing delays, should preferably accompany the issue
`
`fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for
`Allowance.”
`‘
`
`4.
`
`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-Thurs. from 6:30am to 3:00pm.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, David Moore whose telephone number is (571)272-7437. The fax phone number for
`
`the organization where this application or proceeding is assigned is (571)273-8300.
`
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`

`Application/Control Number:
`10/336,470
`Art Unit: 2625
`
`Page 8
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
`
`may be obtained from either Private PAIR or Public PAIR. Status information for unpublished
`
`applications is available through Private PAIR only. For more information about the PAIR
`system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR
`
`system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll~free).
`
`Houshang Safaipour
`
`Patent Examiner
`
`November 26, 2007
`
`' /
`
`._/
`
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`

`Application/Control Number:
`10/336,470
`Art Unit: 2625
`
`Page 2
`
`DETAILED ACTION
`
`EXAMINER ’S AMENDMENT
`
`1.
`
`An examiner’s amendment to the record appears below. Should the changes
`
`and/or additions be unacceptable to applicant, an amendment may be filed as provided by CFR
`
`1.312. To ensure consideration of such an amendment, it MUST be submitted no later than the
`
`payment of issue fee.
`
`Authorization to amend the claims was given in telephone interview with Jeffery D. Hunt
`
`(Registration No. 38,189) on November 26, 2007.
`
`2.
`
`In the Claims:
`
`43. (currently amended) 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 E
`
`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;
`
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`Application/Control Number:
`10/336,470
`Art Unit: 2625
`
`Page 3
`
`a memory associated with the processor for receiving and storing the digitized framed
`
`image, accessible for selectively displau'ng 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.
`
`51. (currently amended) 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;
`
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`Application/Control Number:
`10/336,470
`Art Unit: 2625
`
`I
`
`Page 4
`
`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.
`
`.Houhang Safaipour
`Patent Examiner
`
`Page 11 of 11
`
`SAMSUNG EXHIBIT 1011
`
`Page 11 of 11
`
`SAMSUNG EXHIBIT 1011
`
`

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