`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`_____________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`_____________________
`
`
`Apple Inc.
`
`Petitioner,
`
`v.
`
`E-Watch, Inc.
`
`Patent Owner.
`
`
`
`
`
`
`
`Case: To Be Assigned
`
`Patent 7,365,871
`
`
`
`
`
`
`
`DECLARATION OF STEVEN J. SASSON
`
`
`
`-1-
`
`
`
`
`
`
`
`MAIL STOP PATENT BOARD
`Patent Trial and Appeal Board
`United States Patent & Trademark Office
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`
`
`
`Apple Ex. 1005
`
`Page 1 of 75
`
`Samsung Exhibit 1005
`
`

`

`
`
`1. My name is Steven J. Sasson. I am over the age of 21 and am
`
`competent to make this declaration. I am a resident of the State of New York and
`
`reside at 12 Carefree Lane, Hilton, New York 14468.
`
`BACKGROUND
`
`2.
`
`I am currently an independent consultant. I have been retained to
`
`evaluate whether a certain publication discloses to a person of ordinary skill in the
`
`art (“POSA”) the subject matter of the claims of United States Patent No.
`
`7,365,871 (“the ‘871 patent” or the “Asserted Patent) prior to the time of filing of
`
`the ‘871 Patent. I am being compensated at my standard rate of $550 per hour.
`
`My compensation does not depend on the outcome of this proceeding. In preparing
`
`this Declaration, I considered the following materials:
`
`U.S. Patent No. 7,365,871 (‘871 patent, Ex. 1001) and its file history;
`
`WO 1999/035818 (‘818 publication, Ex. 1002).
`
`3.
`
`I received a Bachelor’s Degree in electrical engineering from
`
`Rensselaer Polytechnic Institute (“RPI”) in Troy, New York in 1972.
`
`Subsequently I received a Master’s Degree from RPI in 1973.
`
`4.
`
`In June of 1973, I joined Eastman Kodak Company (“Kodak”) as an
`
`electrical engineer working in the applied research laboratory which was referred
`
`to as Kodak Apparatus Division Research Labs (“Applied Labs”). I was a member
`
`
`
`-2-
`
`Apple Ex. 1005
`
`Page 2 of 75
`
`Samsung Exhibit 1005
`
`

`

`of the Electronics Research Group within the Applied Labs and worked primarily
`
`on electronics technology from the period of 1973 until 1980. Around 1980 until
`
`approximately 1990, I worked in the advanced development arm of consumer
`
`engineering for Kodak. My primary work during this time focused on the
`
`development of electronic photography and included research and development on
`
`image compression and transmission of compressed image data using wired and
`
`wireless communication channels. In approximately 1990 through approximately
`
`2004, I took on various management roles at Kodak in which I supervised
`
`numerous engineering and other professionals involved in developing and
`
`commercializing digital imaging products. During this time, from the eighties
`
`through 2004, I was very familiar with the qualifications and levels of skill of
`
`ordinary engineers working on the electronic and mechanical aspects of camera
`
`related products due to my personal experience as an engineer and manager of
`
`engineers in this field of technology.
`
`5.
`
`I am a named inventor on nine (9) United States patents. During my
`
`time working for Kodak, I was primarily responsible for the development of the
`
`first digital camera. My work in developing that digital camera led to the filing
`
`and allowance of United States Patent No. 4,131,919. For my work related to the
`
`development of the digital camera, I was awarded the Eastman Innovation Award,
`
`the Photographic Society of America Innovation Award, the Photographic
`
`
`
`-3-
`
`Apple Ex. 1005
`
`Page 3 of 75
`
`Samsung Exhibit 1005
`
`

`

`Manufacturers Association Award for significant contributions to photography, an
`
`honorary doctorate from the University of Rochester, and in 2009, the National
`
`Medal of Technology and Innovation. A copy of my resume is attached here as
`
`Attachment A.
`
`6.
`
`I have been asked to review the ‘871 patent including the specification
`
`and claims 1-15 (“Asserted Claims”) of the ‘871 Patent, as well as the file history
`
`of the ‘871 patent. In this regard, I understand the ‘871 patent was filed on January
`
`3, 2003, as application serial number 10/336,470. I further understand that the
`
`‘871 patent originated from U.S. Application No. 09/006,073 (“the ‘073
`
`application”), which has an effective filing date of January 12, 1998. For the
`
`purposes of this Declaration, I have been informed that the ‘871 patent should not
`
`be entitled to the effective filing date of the ‘073 application, and I have been
`
`instructed to evaluate the ‘871 patent based on its own January 3, 2003 filing date.
`
`7.
`
`I have also been asked to review the subject matter disclosed by an
`
`international published patent application WO 1999/035818 (“the ‘818
`
`publication). The ‘818 publication was published on July 15, 1999. It names
`
`David A. Monroe as the inventor and indicates that a priority claim is made to the
`
`‘073 application which has a filing date of January 12, 1998.
`
`8.
`
`I am an engineer by training and profession. The opinions I am
`
`expressing in this report involve the application of my engineering knowledge and
`
`
`
`-4-
`
`Apple Ex. 1005
`
`Page 4 of 75
`
`Samsung Exhibit 1005
`
`

`

`experience to the evaluation of certain prior art with respect to the ‘871 patent. My
`
`knowledge of patent law is no different than that of any lay person. Therefore, I
`
`have requested the attorneys from Jones Day, who represent Apple, to provide me
`
`with guidance as to the applicable patent law in this matter. The paragraphs below
`
`express my understanding of how I must apply current principles related to patent
`
`validity to my analysis.
`
`9.
`
`It is my understanding that in determining whether a patent claim is
`
`disclosed by a reference, the Patent Office must construe the claim using the BRI
`
`consistent with the specification as the claim terms and specification would be
`
`understood by a POSA. It is my understanding that the broadest reasonable
`
`interpretation is the plain meaning, i.e., the ordinary and customary meaning, given
`
`to the term by a POSA at the time of the invention, taking into account whatever
`
`guidance, such as through definitions, may be provided by the written description
`
`in the patent, without importing limitations from the specification. For the purposes
`
`of this review, I have construed each claim term in accordance with its plain
`
`meaning, i.e., its ordinary and customary meaning under the required broadest
`
`reasonable interpretation.
`
`10.
`
`It is my understanding that an analysis comparing patent claims to a
`
`reference takes into account the scope and content of the reference and indentifies
`
`any differences between the claimed subject matter and that disclosed by the
`
`
`
`-5-
`
`Apple Ex. 1005
`
`Page 5 of 75
`
`Samsung Exhibit 1005
`
`

`

`reference, based on the level of ordinary skill in the art at the time of the invention.
`
`It is my understanding that when interpreting the claims of the ‘871 patent I must
`
`do so based on the perspective of one of ordinary skill in the art for the applicable
`
`effective filing date of the ‘871 patent. While the earliest claimed priority date of
`
`the ‘871 patent is January 12, 1998 by virtue of a claim to the filing date of the
`
`‘073 patent application, as noted above, I have been instructed to evaluate the ‘871
`
`patent based on its own January 3, 2003 filing date. However, in my opinion, the
`
`qualifications and perspective of a POSA in the subject area of the ‘871 patent
`
`would have been the same in 1998 or 2003.
`
`11. The ‘871 patent generally relates to an apparatus for capturing,
`
`converting and transmitting a visual image signal via a digital transmission system.
`
`Based on my experience as an engineer and a manager of engineers in the field of
`
`digital cameras and associated electronics, I conclude that a person of ordinary
`
`skill in the subject matter of the ‘871 patent as of January 3, 2003 (or January 12,
`
`1998), would have been a person having at least a bachelor’s degree in electrical
`
`engineering or electronics (or equivalent) and at least two years experience
`
`working on digital imaging products. Alternatively, a POSA could have a
`
`Master’s Degree in electrical engineering or electronics (or equivalent) and at least
`
`one year of experience working on digital imaging products.
`
`12. My own training and experience exceeds that of ordinary skill in the
`
`
`
`-6-
`
`Apple Ex. 1005
`
`Page 6 of 75
`
`Samsung Exhibit 1005
`
`

`

`art. My work experience includes more than 35 years at Kodak, and during much
`
`of that time I worked with and supervised numerous engineering and other
`
`professionals involved in developing and commercializing digital imaging
`
`products. Moreover, I have taught, hired, supervised, and trained engineers having
`
`ordinary skill in the art within several years prior to the ‘871 patent’s claimed
`
`priority date. From this experience and training, I have evaluated the level of skill
`
`required for a POSA.
`
`13.
`
`In my evaluation of the Asserted Claims, I have adopted the BRI
`
`based on the plain and ordinary meaning of the claim terms or phrases (unless
`
`otherwise specifically identified) for any claim terms or phrases. I then compared
`
`the applicable disclosure of the ‘818 publication to ascertain whether such
`
`disclosure falls within the bounds of the BRI for any claim terms or phrases-at-
`
`issue.
`
`Disclosure of the ‘871 Patent
`
`14. The ‘871 patent is generally directed to an image capture,
`
`compression and transmission system for sending visual image transmission over
`
`land line or wireless communications. Image capture is accomplished with a
`
`camera, which is integrated with a signal converter such that a converted signal can
`
`be transmitted in real time or stored in memory for later recall and sending. The
`
`patent describes a modular configuration that provides maximum flexibility such
`
`
`
`-7-
`
`Apple Ex. 1005
`
`Page 7 of 75
`
`Samsung Exhibit 1005
`
`

`

`that any or all of the camera, converter and telephone or other transmission device
`
`can be configured as integrated or independent units. ‘871 patent (Ex. 1001) at col.
`
`l:24-36.
`
`15. The configuration illustrated in Fig. 6B, which is shown below for
`
`convenience, is portable system that includes a battery powered portable module
`
`160 with a self-contained power source 162 and integral RAM as well as
`
`removable memory (image card 72). The camera 10 may be integrated into the
`
`portable module 160, or it can be a detachable unit. The cellular telephone 164 is
`
`provided with a data jack 166 and to connect with the output jack 168 of the
`
`module. This permits sending the image data signal via the cellular telephone to a
`
`remote facsimile machine using standard cellular and telephone facilities. Id. at
`
`col. 10:35-48.
`
`16. The components shown in Fig. 6A and 6B (below) of the ‘871 patent
`
`are conventional components that were known to a POSA at the time the ‘871
`
`patent was filed, and these components are arranged in a straightforward,
`
`conventional way. In Figure 6A shown below, the camera and the telephone are
`
`distinct elements that are connected as part of a desktop system. In Figure 6B
`
`shown below, the camera 10 is integrated with the portable system 160 along with
`
`the memory 72 and the battery 162, which is connected to a separate cellular phone
`
`164. The ‘871 patent explains that the modular approach is intended to provide
`
`
`
`-8-
`
`Apple Ex. 1005
`
`Page 8 of 75
`
`Samsung Exhibit 1005
`
`

`

`maximum flexibility so that the components can be integrated or separate as
`
`desired. See id. at col. 1:24-36.
`
`
`
`17. During prosecution of the ‘871 patent, claims directed to a
`
`combination camera, memory, power supply and cell phone were repeatedly
`
`rejected over prior art. For instance, what was independent claim 43 at the time
`
`was rejected as anticipated by Collett (U.S. Patent No. 5,517,683), where the
`
`examiner stated that Collett disclosed a “handheld self-contained cellular telephone
`
`and integrated image processing system” that included i) a housing, ii) an image
`
`capture device, iii) a display, iv) a processor in the housing for generating an image
`
`
`
`-9-
`
`Apple Ex. 1005
`
`Page 9 of 75
`
`Samsung Exhibit 1005
`
`

`

`data signal, v) a telephonic system in the housing, vi) alpha numeric input keys in
`
`the housing, vii) a wireless communications device, and viii) a power supply. ‘871
`
`Patent, Office Action dated Aug. 9, 2005, at 13. These were conventional features
`
`at the time the ‘871 patent was filed. While the ‘871 patent was ultimately granted
`
`over the art cited in prosecution, all of the features claimed in the ‘871 patent are
`
`anticipated by the ‘818 publication as explained below.
`
`‘871 Patent Claims 1-15 Are Either Explicitly or Inherently Disclosed
`by the ‘818 Publication
`
`18. The individual components claimed in the claims of the ‘871 patent
`
`were not novel at the time the ‘871 patent was filed. And as mentioned above,
`
`combining into an integrated unit such conventional, well known components
`
`including a housing, a camera, a display, a processor generating an image data
`
`signal, a telephone system, alphanumeric input keys, a wireless communication
`
`device, and a power supply was known in the art. These components had well
`
`understood, predictable functions, and in addition, their combination would have
`
`been understood by a POSA to operate predictably according to those functions.
`
`19.
`
`In addition, all the limitations recited in the Asserted Claims are
`
`disclosed explicitly, or at least inherently, in the ‘818 publication. I understand
`
`inherent disclosure to mean that the claim feature necessarily flows from the
`
`disclosure of the ‘818 publication. The ‘818 publication claims priority back to the
`
`‘073 application. But as mentioned above, I have been informed that the ‘871
`
`
`
`-10-
`
`Apple Ex. 1005
`
`Page 10 of 75
`
`Samsung Exhibit 1005
`
`

`

`patent, should not be entitled to the effective filing date of the ‘073 application. I
`
`have compared the specifications of the ‘871 patent and the ‘818 publication and
`
`have determined that the figures and written descriptions are substantially
`
`identical, with any differences in wording being of no substantive consequence for
`
`purposes of my analysis. Simply stated, the ‘871 patent and the ‘818 publication
`
`disclose the same subject matter. Accordingly, to the extent the claims of the ‘871
`
`patent are supported by the ‘871 patent specification, they are also disclosed by the
`
`‘818 publication.
`
`20. Notwithstanding that comparison, I have been asked to compare the
`
`specific subject matter of the ‘871 claims, as construed under BRI, to the
`
`disclosure in the ‘818 publication. My analysis in that regard follows below and
`
`identifies specific text supporting my opinion that the subject matter of each
`
`limitation of each of the claims 1-15 of the ‘871 patent is disclosed by the ‘818
`
`publication.
`
`Independent Claim 1
`
`a)
`
`claim 1 preamble: “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:”
`
`21. The ‘818 publication generally discloses “[a]n image capture,
`
`conversion, compression, storage and transmission system [that] provides a data
`
`
`
`-11-
`
`Apple Ex. 1005
`
`Page 11 of 75
`
`Samsung Exhibit 1005
`
`

`

`signal representing the image in a format and protocol capable of being transmitted
`
`over any of a plurality of readily available transmission systems and received by
`
`readily available, standard equipment receiving stations. In its most
`
`comprehensive form, the system is capable of sending and receiving audio,
`
`documentary and visual image data to and from standard remote stations readily
`
`available throughout the world.” ‘818 publication (Ex. 1002) at Abstract.
`
`22. Figures 7A and 7B disclose a “camera body 190 [that] is similar to a
`
`standard 35 millimeter camera housing and is adapted to receive a standard lens
`
`192 with a viewfinder 194.” Id. at page 15:22-23. “[A]n integral cellular phone
`
`can be incorporated in the camera housing and transmission can be sent directly
`
`from the camera housing to a remote receiving station.” Id. at page 15:29-31. See
`
`also id. at Figs. 7A, 7B.
`
`23. The ‘818 publication discloses, “The amplifiers 122, 124 [of the
`
`cellular phone] amplify the input of the modem 104 and are controlled by the FETs
`
`126, 128, respectively. The FETs are controlled by the control register 102 and
`
`allow selection of the audio either coming in from the cellular interface 130 or
`
`from the telephone line 104 to the modem. This permits the cellular phone to be
`
`used for three distinct functions: (I) as an audio telephone, (2) as a transmitting
`
`system for transmitting the captured image and related signals via a cellular
`
`system, and (3) for receiving incoming transmissions to the processor such as
`
`
`
`-12-
`
`Apple Ex. 1005
`
`Page 12 of 75
`
`Samsung Exhibit 1005
`
`

`

`remote control, remote configuration, or images.” Id. at page 13:22-29 (referring
`
`to Fig. 5).
`
`claim 1 (b): “a manually portable housing”
`
`b)
`24. As disclosed by the ‘818 publication, “[t]he configuration shown in
`
`Fig. 6B is a basic portable system . . . .” Id. at page 15:1. “Figs. 7A and 7B
`
`illustrate the subject invention as incorporated in a standard 35 millimeter type
`
`camera housing.” Id. at page 14:27-28.
`
`c)
`
`claim 1 (c): “an integral image capture device comprising an
`electronic camera contained within the portable housing”
`
`25. The ‘818 publication discloses an image capture device that
`
`“incorporates a camera.” Id. at page 2:24-27. The ‘818 publication discloses, “The
`
`camera 10 may be an integral feature of the portable module 160….” Id. at page
`
`15:4 (referring to Fig. 6B) The “preferred embodiment permits capture of a video
`
`image using a digital camera, an analog camera, or a video camera such as a
`
`camcorder.” Id. at page 3:1-2. See also id. at Figs. 7A, 7B.
`
`d)
`
`claim 1 (d): “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”
`
`26. The ‘818 publication discloses, “Turning now to Figs. 7A and 7B, the
`
`camera body 190 is similar to a standard 35 millimeter camera housing and is
`
`adapted to receive a standard lens 192 with a viewfinder 194…. The LCD unit may
`
`be positioned to be visible through the viewfinder 194 or may be in a separate back
`
`
`
`-13-
`
`Apple Ex. 1005
`
`Page 13 of 75
`
`Samsung Exhibit 1005
`
`

`

`window 198.” Id. at page 15:22-27. The ‘818 publication also discloses, “When
`
`incorporating the circuitry of Fig. 5, the cellular phone may be used as both an
`
`input and an output device, and incoming data or stored images may be viewed
`
`through the viewfinder 170.” Id. at page 15:8-10. See also Fig. 8A-1 (“VIEW
`
`FINDER” schematic with “CRT DRIVER”).
`
`e)
`
`claim 1 (e): “a processor in the housing for generating an image
`data signal representing the image framed by the camera”
`
`27. The ‘818 publication discloses, “[W]hen the camera is activated either
`
`by the operator or by automation, the system processor 86 detects the initiation of
`
`the camera and capture sequence and sends a signal via line 88 to the read/write
`
`control 84. The read/write control then monitors the incoming video signal 83 to
`
`find the horizontal and vertical sync pulse to identify the beginning of a frame. The
`
`read/write control then initiates writing to memory at the RAM devices to initiate
`
`capture of the frame. The read/write control continues to ‘write’ to memory until
`
`the appropriate sync signal is received, indicating the end of the frame. At this
`
`point a single frame is captured in RAM 71 and/or on the portable medium RAM
`
`72.” Id. page 11: 28-12:4 (referring to Fig. 5).
`
`f)
`
`claim 1 (f): “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”
`
`28. The ‘818 publication discloses, “Once the image is captured by the
`
`
`
`-14-
`
`Apple Ex. 1005
`
`Page 14 of 75
`
`Samsung Exhibit 1005
`
`

`

`camera 10 and is presented at 44 to the memory device 46, it is stored for later
`
`recall and transmission.” Id. at page 9:19-20. “In the embodiment shown in Fig.
`
`2, an optional viewer device 48 is provided. This permits the operator to recall and
`
`view all or selective images before transmission, as indicated by the operator
`
`interface/recall interface 54.” Id. at page 9:25-27. See also id. at Figs. 3-4.
`
`g)
`
`claim 1 (g): “a user interface for enabling a user to select the
`image data signal for viewing and transmission”
`
`29. The ‘818 publication discloses, “In the embodiment shown in Fig. 2,
`
`an optional viewer device 48 is provided. This permits the operator to recall and
`
`view all or selective images before transmission, as indicated by the operator
`
`interface/recall interface 54. This permits the operator to review all images retained
`
`in the memory 46 and transmit selective images, as desired, to the Group-III
`
`transmission system.” Id. at page 9:25-29. See also id. at Figs. 3-4. Furthermore:
`
`“Fig. 4 illustrates the use of the image capture and/or retention configured in any of
`
`the optional embodiments of Figs. 1-3 and adapted for use in combination with any
`
`of a variety of transmitting and receiving schemes such as, by way of example, the
`
`Group-III system shown in Figs. 1-3, a modem, direct connection to a personal
`
`computer, serial or parallel transmission, or any selected transmitting/receiving
`
`protocol.” Id. at page 10:14-18.
`
`
`
`-15-
`
`Apple Ex. 1005
`
`Page 15 of 75
`
`Samsung Exhibit 1005
`
`

`

`h)
`
`claim 1 (h): “a telephonic system in the housing for sending and
`receiving digitized audio signals and for sending the image data
`signal”
`
`30. The ‘818 publication discloses, “The system of the present invention
`
`[] contemplates wireless transmission over a cellular telephone, radio frequency,
`
`satellite transmission or the like.” Id. at page 13:20-21. “In its most
`
`comprehensive form, the system is capable of sending and receiving audio,
`
`documentary and visual image data to and from standard remote stations readily
`
`available throughout the world.” Id. at Abstract. “In the exemplary embodiment,
`
`the specific configuration for a cellular telephone interface is shown in detail. The
`
`amplifiers 122, 124 amplify the input of the modem 104 and are controlled by the
`
`FETs 126, 128, respectively. The FETs are controlled by the control register 102
`
`and allow selection of the audio either coming in from the cellular interface 130 or
`
`from the telephone line 104 to the modem. This permits the cellular phone to be
`
`used for three distinct functions: (1) as an audio telephone, (2) as a transmitting
`
`system for transmitting the captured image and related signals via a cellular
`
`system, and (3) for receiving incoming transmissions to the processor such as
`
`remote control, remote configuration, or images.” Id. at page 13:21-29 (referring to
`
`Fig. 5).
`
`31.
`
`In the preferred embodiment, “the system includes a video camera and
`
`an integral cellular telephone, wherein the telephone using the standard audio
`
`
`
`-16-
`
`Apple Ex. 1005
`
`Page 16 of 75
`
`Samsung Exhibit 1005
`
`

`

`mode or future digital modes, can be used to transmit and receive visual image
`
`signals.” Id. at page 3:18-20.
`
`i)
`
`claim 1 (i): “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”
`
`32. The ‘818 publication discloses that “[i]n its most comprehensive form,
`
`the system is capable of sending and receiving audio, documentary and visual
`
`image data to and from standard remote stations readily available throughout the
`
`world.” Id. at Abstract. The ‘818 publication discloses, “In the preferred
`
`embodiment, the system is adapted for tagging a collected image, video, audio, and
`
`other data such as a GPS signal, with a real time clock and added text. This permits
`
`the complete historical data to be transmitted simultaneously with the image
`
`signal.” Id. at page 18:19-21. The text “may be input from an integrated keyboard
`
`or from a remote device.” Id. at page 4:9.
`
`j)
`
`claim 1 (j): “a wireless communications device adapted for
`transmitting any of the digitized signals to the compatible
`remote receiving station”
`
`33. The ‘818 publication discloses that “[i]n its most comprehensive form,
`
`the system is capable of sending and receiving audio, documentary and visual
`
`image data to and from standard remote stations readily available throughout the
`
`world.” Id. at Abstract. “In the preferred embodiment of the invention, the system
`
`includes a video camera and an integral cellular telephone, wherein the telephone
`
`
`
`-17-
`
`Apple Ex. 1005
`
`Page 17 of 75
`
`Samsung Exhibit 1005
`
`

`

`using the standard audio mode or future digital modes, can be used to transmit and
`
`receive visual image signals.” Id. at page 3:18-20. The ‘818 publication discloses,
`
`“The system of the present invention … permits the cellular phone to be used for
`
`three distinct functions: (1) as an audio telephone, (2) as a transmitting system for
`
`transmitting the captured image and related signals via a cellular system, and (3)
`
`for receiving incoming transmissions to the processor such as remote control,
`
`remote configuration, or images.” Id. at page 13:20-29 (referring to Fig. 5).
`
`claim 1 (k): “a power supply for powering the system”
`
`k)
`34. The ‘818 patent discloses, “It is contemplated that the system of the
`
`invention would be self-contained with an integral power unit such as a disposable
`
`battery, rechargeable battery source or the like.” Id. at page 4:24-25. For example,
`
`“[t]he configuration shown in Fig. 6B is a basic portable system, with a battery
`
`powered portable module 160 having a self-contained power source 162.” Id. at
`
`page 15:1-2.
`
`35.
`
`In summary, the ‘818 publication discloses the limitations of claim 1
`
`to a POSA, as summarized in the table below:
`
`claim 1 preamble (a): “A
`handheld self-contained
`cellular telephone and
`integrated image
`processing system for
`both sending and
`receiving telephonic
`audio signals and for
`
`“An image capture, conversion, compression, storage
`and transmission system provides a data signal
`representing the image in a format and protocol capable
`of being transmitted over any of a plurality of readily
`available transmission systems and received by readily
`available, standard equipment receiving stations. In its
`most comprehensive form, the system is capable of
`sending and receiving audio, documentary and visual
`
`
`
`-18-
`
`Apple Ex. 1005
`
`Page 18 of 75
`
`Samsung Exhibit 1005
`
`

`

`capturing a visual image
`and transmitting it to a
`compatible remote
`receiving station of a
`wireless telephone
`network, the system
`comprising:”
`
`image data to and from standard remote stations readily
`available throughout the world.” ‘818 publication (Ex.
`1002) at Abstract.
`
`“Turning now to Figs. 7A and 7B, the camera body 190
`is similar to a standard 35 millimeter camera housing
`….” Id. at page 15:22-23.
`
`“In addition, where desired, an integral cellular phone
`can be incorporated in the camera housing and
`transmission can be sent directly from the camera
`housing to a remote receiving station. The keypad for
`the telephone is indicated at 202.” Id. at page 15:29-31.
`See also Figs. 7A, 7B.
`
`“The amplifiers 122, 124 [of the cellular phone]
`amplify the input of the modem 104 and are controlled
`by the FETs 126, 128, respectively. The FETs are
`controlled by the control register 102 and allow
`selection of the audio either coming in from the cellular
`interface 130 or from the telephone line 104 to the
`modem. This permits the cellular phone to be used for
`three distinct functions: (I) as an audio telephone, (2) as
`a transmitting system for transmitting the captured
`image and related signals via a cellular system, and (3)
`for receiving incoming transmissions to the processor
`such as remote control, remote configuration, or
`images.” Id. at page 13:22-29 (referring to Fig. 5).
`
`“The configuration shown in Fig. 6B is a basic portable
`system, with a battery powered portable module 160
`having a self-contained power source 162. The system
`may include an integral RAM and/or the removable
`memory module as indicated by the image card 72. The
`camera 10 may be an integral feature of the portable
`module 160.” Id. at page 15:1-4.
`
` “Figs. 7A and 7B illustrate the subject invention as
`incorporated in a standard 35 millimeter type camera
`housing.” Id. at page 14:27-28.
`
`claim 1 (b) “a manually
`portable housing;”
`
`
`
`-19-
`
`Apple Ex. 1005
`
`Page 19 of 75
`
`Samsung Exhibit 1005
`
`

`

`claim 1 (c): “an integral
`image capture device
`comprising an electronic
`camera contained within
`the portable housing;”
`
`claim 1 (d): “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”
`
`claim 1 (e): “a processor
`in the housing for
`generating an image data
`signal representing the
`image framed by the
`camera;”
`
`“The subject invention is an image capture,
`compression and transmission system that …
`incorporates a camera ….” Id. at page 2:24-27.
`
`“The camera 10 may be an integral feature of the
`portable module 160….” Id. at page 15:4 (referring to
`Fig. 6B)
`
` “The preferred embodiment permits capture of a video
`image using a digital camera, an analog camera, or a
`video camera such as a camcorder.” Id. at page 3:1-2.
`
` “Turning now to Figs. 7A and 7B, the camera body
`190 is similar to a standard 35 millimeter camera
`housing and is adapted to receive a standard lens 192
`with a viewfinder 194…. The LCD unit may be
`positioned to be visible through the viewfinder 194 or
`may be in a separate back window 198.” Id. at page
`15:22-27. See also id. at Fig. 8A-1.
`
`“[W]hen the camera is activated either by the operator
`or by automation, the system processor 86 detects the
`initiation of the camera and capture sequence and sends
`a signal via line 88 to the read/write control 84. The
`read/write control then monitors the incoming video
`signal 83 to find the horizontal and vertical sync pulse
`to identify the beginning of a frame. The read/write
`control then initiates writing to memory at the RAM
`devices to initiate capture of the frame. The read/write
`control continues to ‘write’ to memory until the
`appropriate sync signal is received, indicating the end
`of the frame. At this point a single frame is captured in
`RAM 71 and/or on the portable medium RAM 72.” Id.
`page 11: 28-12:4 (referring to Fig. 5).
`
`
`
`-20-
`
`Apple Ex. 1005
`
`Page 20 of 75
`
`Samsung Exhibit 1005
`
`

`

`claim 1 (f): “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;”
`
`claim 1 (g): “a user
`interface for enabling a
`user to select the image
`data signal for viewing
`and transmission;”
`
`claim 1 (h): “a telephonic
`system in the housing for
`sending and receiving
`digitized audio signals
`and for sending the
`image data signal;”
`
`“Once the image is captured by the camera 10 and is
`presented at 44 to the memory device 46, it is stored for
`later recall and transmission.” Id. at page 9:19-20.
`
`“In the embodiment shown in Fig. 2, an optional viewer
`device 48 is provided. This permits the operator to
`recall and view all or selective images before
`transmission, as indicated by the operator
`interface/recall interface 54.” Id. at page 9:25-27.
`
`See also id. at Figs. 3-4.
`
`“In the embodiment shown in Fig. 2, an optional viewer
`device 48 is provided. This permits the operator to
`recall and view all or selective images before
`transmission, as indicated by the operator
`interface/recall interface 54. This permits the operator
`to review all images retained in the memory 46 and
`transmit selective images, as desired, to the Group-III
`transmission system.” Id