Claim 32 (currently amended): A non-transitory computer-readable medium
`
`containing machine executable instructions that, when executed by a processor on a
`
`digital camera device with short-range wireless capability, cause the processor to
`
`perform a method comprising:
`
`acquiring new-media, wherein the new-media is acquired after establishing a
`
`short-range paired wireless connection between the digital camera device and a
`
`cellular phone, and wherein the short range paired wireless connection is one
`
`of a Bluetooth paired vlireless connection, a Vli Fi paired vlireless connection,
`
`and other personal area vlireless net\vorking technologies that use pairing;
`
`creating a new-media file using the acquired new-media;
`
`storing the created new-media file in a first non-volatile memory of the digital
`
`camera device;
`
`receiving a data transfer request initiated by a software application on the
`
`cellular phone, over the established short-range paired wireless connection,
`
`wherein the data transfer request is for the already created new-media file, and
`
`wherein the new-media file was created in the digital camera device before
`
`receiving the data transfer request; and
`
`transferring the new-media file to the cellular phone, over the established
`
`short-range paired wireless connection, wherein the cellular phone is
`
`configured to receive the new-media file, wherein the cellular phone is
`
`configured to store the received new-media file in a second non-volatile
`
`memory device of the cellular phone, and wherein the cellular phone is
`
`configured to use HTTP to upload the received new- media file along with user
`
`information to a user media publishing website.
`
`10
`
`Canon Exhibit 1002, Page 257
`
`

`

`Claim 33 (currently amended): The non-transitory computer-readable medium of
`
`claim 32, further comprising executable instructions that when executed by the
`
`processor of the digital camera device, cause the processor to perform:
`
`creating an associated file, wherein the associated file comprises data
`
`associated with the new-media;
`
`storing the associated file in the first non-volatile memory of the digital camera
`
`device; and
`
`transferring the associated file to the cellular phone, over the established short(cid:173)
`
`range paired wireless connection, wherein the cellular phone is configured to
`
`receive the associated file,_ [[and]] store the received associated file in the
`
`second non volatile memory device of the cellular phone.
`
`Claim 34 (currently amended): The non-transitory computer-readable medium of claim
`
`32, wherein the user information corresponds to user related information used by the
`
`user media publishing website to process publish the new-media file.
`
`Claim 35 (previously presented): The non-transitory computer-readable medium of
`
`claim 32, wherein the new-media comprises one or more of video data and image data.
`
`Claim 36 (previously presented): The non-transitory computer readable medium of
`
`claim 32, wherein establishing the short-range paired wireless connection
`
`comprises, the digital camera device cryptographically authenticating identity of
`
`the cellular phone.
`
`Claim 37 (currently amended): The short-range wireless enabled digital camera device
`
`of claim 10, wherein the short-range wireless enabled digital camera communication
`
`module device cryptographically authenticates identity of the cellular phone.
`
`11
`
`Canon Exhibit 1002, Page 258
`
`

`

`Claim 38 (currently amended): The system of claim 21, wherein the short range vlireless
`
`communication module digital camera device cryptographically authenticates identity of
`
`the cellular phone.
`
`Claim 39 (new): The short-range wireless enabled digital camera device of claim 10,
`
`wherein the short-range paired wireless connection is one of a Bluetooth paired wireless
`
`connection, a Wi-Fi paired wireless connection, and other personal area wireless
`
`networking technologies that use pairing.
`
`Claim 40 (new): The machine-implemented method of claim 1, wherein a graphical user
`
`interface (GUI) is provided in the cellular phone, and wherein the GUI is for the received
`
`new-media file and to delete the created new media file.
`
`Claim 41 (new): The system of claim 21, wherein said software application is further
`
`configured to control the processor of the cellular phone to use HTTP to upload the
`
`received new-media file along with user information to a user media publishing website.
`
`Claim 42 (new): The non-transitory computer readable medium of claim 32, wherein the
`
`short-range paired wireless connection is one of a Bluetooth paired wireless connection, a
`
`Wi-Fi paired wireless connection, and other personal area wireless networking
`
`technologies that use pairing.
`
`Claim 43 (new): The short-range wireless enabled digital camera device of claim 10,
`
`wherein the short-range paired wireless connection is one of a Bluetooth paired wireless
`
`connection, a Wi-Fi paired wireless connection, and other personal area wireless
`
`networking technologies that use pairing.
`
`Claim 44 (new): The system of claim 21, wherein the short-range paired wireless
`
`connection is one of a Bluetooth paired wireless connection, a Wi-Fi paired wireless
`
`connection, and other personal area wireless networking technologies that use pairing.
`
`12
`
`Canon Exhibit 1002, Page 259
`
`

`

`Claim 45 (new): The short-range wireless enabled digital camera device of claim 12,
`
`wherein the mobile software application that when executed by the processor of the
`
`cellular phone is further configured to control the processor of the cellular phone to
`
`receive input from the GUI to delete the created associated file.
`
`Claim 46 (new): The system of claim 22, wherein the software application that when
`
`executed by the processor of the cellular phone is further configured to control the
`
`processor of the cellular phone to delete the created associated file based on input
`
`received from the GUI.
`
`Claim 47 (new): The non-transitory computer readable medium of claim 32, wherein a
`
`graphical user interface (GUI) is provided in the cellular phone, and wherein the GUI is
`
`for the received new-media file and to delete the created new media file.
`
`13
`
`Canon Exhibit 1002, Page 260
`
`

`

`Remarks
`
`The pending claims
`
`Claims 1, 3, 4, 9, 10, 12, 13, 19,21-26, and 32-47 are currently pending. Reconsideration
`
`and allowance of the pending claims is respectfully requested.
`
`Summary of Office Action
`
`Double Patenting
`
`Claims 31-44 are provisionally rejected on the ground of nonstatutory double patenting as
`
`being unpatentable over claims 1-20 of copending Application No. 13295353.
`
`Claims 31-44 are provisionally rejected on the ground of nonstatutory obviousness-type
`
`double patenting as being unpatentable over claims 1-20 of parent Application No.
`
`13295352.
`
`Claims 1, 3-5, 7-10,12,13,19, 21-27,29 and 31 are provisionally rejected on the ground
`
`of nonstatutory obviousness-type double patenting as being unpatentable over claims 31-
`
`44 of parent Application No. 14533104.
`
`Claim Rejections- 35 USC§ 112
`
`Claims 1, 3-4, 9, 12-13, 19,21-26, 32-38 are rejected under 35 U.S.C. 112, first
`
`paragraph, as failing to comply with the written description requirement.
`
`Specification Objection
`
`The disclosure is objected to because of the following informalities: Examiner has
`
`reviewed the specification of this application under examination and could not find
`
`14
`
`Canon Exhibit 1002, Page 261
`
`

`

`support for the additional limitations as claimed described above. Appropriate correction
`
`is required.
`
`Claim Rejections -35 USC§ 103
`
`Claims 1, 3-4, 9 are rejected under 35 Pre-AlA U.S.C. 103(a) as being unpatentable over
`
`Kennedy US 20030157960 in view of King US 20060029296 in view of Lin US
`
`20050113131 further in view of Pryor US 20050273592.
`
`Claims 10, 12-13, 19,21-26, 32-38 are rejected under 35 Pre-AlA U.S.C. 103(a) as being
`
`unpatentable over Kennedy-King-Lin-Pryor further in view of Ihara US 20120089538.
`
`Claims 3-4, 9, 12-13, 19,21-26, 32-38 are rejected for similar reason as stated above.
`
`Amendments to the claims
`
`Claims 1, 3, 4, 10, 12, 19,21-23,25,26, 32-34, 37 and 38 are currently amended; claims
`
`2, 5-8, 11, 14-18,20 and 27-31 were previously canceled; claims 9, 13, 24, 35 and 36
`
`remain as previously presented; claims 39-47 are new.
`
`Double Patenting
`
`The office action states: "Claims 31-44 are provisionally rejected on the ground of
`
`nonstatutory double patenting as being unpatentable over claims 1-20 of copending
`
`Application No. 13295353."
`
`In response to the above rejection, applicant submits that Application No.
`
`13295353 does not belong to the applicant. Therefore the above rejection is improper.
`
`15
`
`Canon Exhibit 1002, Page 262
`
`

`

`The office action further states: "Claims 31-44 are provisionally rejected on the ground
`
`of nonstatutory obviousness-type double patenting as being unpatentable over claims
`
`1-20 of parent Application No. 13295352."
`
`In response to the above rejection, applicant submits that Application No.
`
`13295352 does not belong to the applicant. Therefore the above rejection is improper.
`
`The office action further states: "Claims 1, 3-5, 7-10,12,13,19, 21-27, 29 and 31 are
`
`provisionally rejected on the ground of nonstatutory obviousness-type double patenting
`
`as being unpatentable over claims 31- 44 of parent Application No. 14533104."
`
`In response to the above rejection, applicant submits that the above rejection is
`
`improper since the non-statutory double patenting rejection is being imposed upon itself.
`
`Claim Rejections-35 USC§ 112
`
`The office action further states: "Claims 1, 3-4, 9, 12-13,19, 21-26, 32-38 are rejected
`
`under 35 U.S.C. 112, first paragraph, as failing to comply with the written
`
`description requirement."
`
`The office action states that, in claim 1, the applicant failed to sufficiently
`
`point out or describe: "wherein the data transfer request is for the already created
`
`new-media file": Examiner has reviewed the specification of this application under
`
`examination (and OCR whole document) and could not find support for the
`
`additional limitations as claimed.
`
`In response, applicant submits that the above limitation in Claim 1 is fully
`
`supported in the applicant's original application.
`
`16
`
`Canon Exhibit 1002, Page 263
`
`

`

`~--l;ROVji~f:-A- CLJE!'n Al'PUCATION ON A BLllETOOTH llNABU31) MOlllCE
`!
`DEVICE
`
`101
`[__.,
`
`PROVIDE A BLLJETOOTH COMMUNICATION DEVICE ON A DJGJTAl. DATA
`CAPTURE DEVICE 1N ABSENCE. OF !NBUJLT BLUJ.lTOOTH CAPABILITY
`
`PAlR THE BUJ!lTDOTB COMMt;NJCATlON DEVICE ON THE DlGIT,,L DATA
`CAPTlJRB. DEVICE WITH THE llLUliTOOTH ENA!ll!:"D MOBILE DI>VJCE
`
`103
`
`s~.~pp:::::rt ·f~::r ~~~~Jr~§~J~~t~~-~~--~~~i5~~~-!~~~~~~.N
`~n .~\ppHt<B"::t: 5p~3cH~t:{~tk~n ~ F~g 1
`
`"Captured" : Past Tense the thing
`tfwt has Already happened
`
`"Captured" : Past Tense the thimJ
`thrtt h(ss Already happened
`
`A~'TOMAT!CM,LY PU.SUSB TBE TRANSJ'ERRED D.~TA ANDMULTIMF.D!A
`CONTENT ON WEilSflES uSING THE CLJENT APPLJCA TJON ON THf.
`BlUfTOOTH ENABLED MOBILE DEVICE
`' - - - - - ----------------------------------------------·------.....J
`
`107
`
`FIG. I
`
`In the method steps disclosed in FIG.1 of applicant's original application, the
`
`steps 104, 105 and 106 are performed one after the other in sequence.
`
`Step 104 recites as follows: "THE DIGITAL DATA CAPTURE DEVICE
`
`CAPTURES THE DATA AND THE MULTIMEDIA CONTENT". It is clear that in this
`
`step, the new-media file is captured by the digital camera device.
`
`Only after performing Step 104, Step 105 is performed.
`
`Step 105 recites as follows: "THE CLIENT APPLICATION ON THE
`
`BLUETOOTH ENABLED MOBILE DEVICE DETECTS THE CAPTURED DATA,
`
`THE MULTIMEDIA CONTENT, AND ASSOCIATED FILES". It is clear that the client
`
`application on the cellular phone is detecting the new media file captured in the previous
`
`step. Therefore the data transfer request from the cellular phone to the digital camera
`
`device is for the new-media file captured by the digital camera device before receiving
`
`the data transfer request.
`
`17
`
`Canon Exhibit 1002, Page 264
`
`

`

`Only after performing Steps 104 and 105, Step 106 is performed.
`
`Step 106 recites as follows: "TRANSFER THE CAPTURED DATA, THE
`
`MULTIMEDIA CONTENT, AND THE ASSOCIATED FILES TO THE CLIENT
`
`APPLICATION ON THE BLUETOOTH ENABLED MOBILE DEVICE". It is clear
`
`that the digital camera device is transferring the new-media file to the cellular
`
`phone after receiving the data transfer request from the cellular phone. The new(cid:173)
`
`media file that is transferred to the mobile phone is the new-media file that was
`
`created in the digital camera device "before" receiving the data transfer request
`
`from the mobile phone.
`
`Furthermore, applicant has amended the limitation to remove the word "already"
`
`so that there is no ambiguity in the cited limitation.
`
`Therefore, the limitation: "receiving a data transfer request initiated by a mobile
`
`software application on the cellular phone, over the established short-range paired
`
`wireless connection, wherein the data transfer request is for the new-media file, and
`
`wherein the new-media file was created in the digital camera device before receiving the
`
`data transfer request" in claim 1 is fully supported in the applicant's original application
`
`(see also the description in page 7, lines 1-12 of applicant's original application).
`
`Applicant therefore respectfully requests that the rejection of claim 1 under 35
`
`U.S.C. 112, first paragraph be reconsidered and withdrawn.
`
`Claims 10, 21 and 32 are synonymous with claim 1. Applicant therefore
`
`respectfully requests that the rejection of claims 10, 21 and 32 under 35 U.S.C. 112, first
`
`paragraph be reconsidered and withdrawn.
`
`Claims 3, 4 and 9 are dependent on claim 1. Claims 12, 13, 19 and 37 are
`
`dependent on claim 10. Claims 22, 23, 24, 25, 26 and 38 are dependent on claim 21.
`
`Claims 33-36 are dependent on claim 32. Applicant therefore respectfully requests that
`
`18
`
`Canon Exhibit 1002, Page 265
`
`

`

`the rejection of claims 3, 4, 9, 12, 13, 19, 22-26, and 33-38 under 35 U.S.C. 112, first
`
`paragraph be reconsidered and withdrawn.
`
`Specification Objection
`
`The office action further states: "The disclosure is objected to because of the following
`
`informalities: Examiner has reviewed the specification of this application under
`
`examination and could not find support for the additional/imitations as claimed
`
`described above. Appropriate correction is required."
`
`In response, applicant submits that he has illustrated in the previous section that
`
`the limitation: "receiving a data transfer request initiated by a mobile software
`
`application on the cellular phone, over the established short-range paired wireless
`
`connection, wherein the data transfer request is for the new-media file, and wherein the
`
`new-media file was created in the digital camera device before receiving the data
`
`transfer request" in claim 1 is fully supported in the applicant's original application (see
`
`also the description in page 7, lines 1-12 of applicant's original application).
`
`Applicant therefore respectfully requests that the specification objection be
`
`reconsidered and withdrawn.
`
`Claim Rejections 35 USC § 103
`
`The office action further states: "Claims 1, 3-4, 9 are rejected under 35 Pre-AlA
`
`U.S.C. 103(a) as being unpatentable over Kennedy US 20030157960 in view of King
`
`US 20060029296 in view of Lin US 20050113131 further in view of Pryor US
`
`20050273592."
`
`In response to the above rejection, applicant submits that Kennedy, in view of
`
`King, in view of Lin, further in view of Pryor does not teach all the limitations of claim 1.
`
`19
`
`Canon Exhibit 1002, Page 266
`
`

`

`Cryptagraphically
`authenticate the
`identity of cellular
`phone
`
`NO
`
`NO
`
`Siomertic
`
`=
`i
`‘ Cryprogranhically
`
`
`
`
`
`
`
`wherein the new-media|NO NO RG RG
`
`
`
`file was createdinthe
`|
`‘
`digital cameradevice
`(BERLEAEE
`before receiving the
`i
`x
`data transfer request
`
`i
`i
`
`Bow fronsiey of
`already existing data |
`
`20
`20
`
`Canon Exhibit 1002, Page 267
`
`Canon Exhibit 1002, Page 267
`
`

`

`State Machine taught by "Kennedy"
`and affirmed by PTA.B
`Portable Electronic De,Jice F5JI Data
`intermediate
`Capture Device
`E1ectronic Device
`{50}/ Mabile Device
`
`108!
`
`.
`
`('~*
`~
`.
`connection to the
`~
`f.eH phone, transfers·""''!~
`~~~
`data ""d then
`disconnect" {0032]
`""""""
`
`Kennedy State Machine
`
`Establishing a short-range {H!k?.ftwireless
`
`Mobile
`Device
`
`short-range
`'N~ re!ess
`capability
`
`Rece$ve request to
`tra,sfer the already
`created New Med'a
`FUeo·v·erthe palred
`connectior:s.
`
`tron: paked Dota
`Capture De .. iice and
`St.oret.he New
`Me<liafile
`
`21
`
`Canon Exhibit 1002, Page 268
`
`

`

`Data Capture
`
`~~~~~,;~ge [ili'H] Device
`
`Mobile
`Device
`
`short -rar:ge
`\."~.ikele-ss
`cap"b;lit;•
`
`Timing of Acquiring media
`i•; Boofore
`Data Transfer request is received
`
`Rece~ve request to
`transfer the aiready
`cre·atedNew Media
`fBe over the pa~red
`cc.nnect~ons.
`
`Capture Devk::.e and
`Store the Ne\iv
`Media File
`
`Earphone
`, , Devke
`
`short -range
`\Nireless
`c?.pab~~itv
`
`Un State Machine
`
`Mobile
`Device
`
`short-range
`\.'.iireless
`cap"b;lit;'
`
`Timing fur Acquiring
`data is Afte~·
`
`"Start Command"
`
`22
`
`Canon Exhibit 1002, Page 269
`
`

`

`Argument 1: Establishing a short-range paired wireless connection between the
`
`digital camera device and the cellular phone (Applicant) vs NO Pairing (Kennedy)
`
`Claim 1 discloses that a "short-range paired wireless connection" is established
`
`between the digital camera device and the cellular phone before acquiring "new-media".
`
`The office action on page 6 states that FIG. 1 and paragraphs [0009] and [0021]
`
`of Kennedy teach: "establishing a short-range paired wireless connection between the
`
`digital camera device and the cellular phone". Applicant respectfully disagrees with the
`
`above statement for the following reasons.
`
`Kennedy does NOT teach or suggest "establishing pairing" between two devices.
`
`The word "pairing" is not disclosed by Kennedy.
`
`Paragraph [0009] of Kennedy cited in the office action discloses: "One preferred
`
`embodiment of the portable electronic device is a Bluetooth-enabled camera that
`
`communicates to a cellular telephone via a Bluetooth wireless link."
`
`Paragraph [0021] of Kennedy cited in the office action discloses: "Preferably, the
`
`intermediate electronic device 50 communicates with portable electronic device 75 via a
`
`wireless connection such as Bluetooth."
`
`Further, FIG.1 elements 75 and 50 show a portable electronic device and an
`
`intermediate electronic device linked via the Bluetooth wireless connection.
`
`The above two paragraphs and FIG.1 of Kennedy cited in the office action does
`
`not teach or suggest that the short-range paired wireless connection is established
`
`between the camera and the cellular phone before acquiring new images.
`
`Argument 2: Digital camera device cryptographically authenticating the cellular
`
`phone (Applicant) vs NO cryptographic authentication (Kennedy)
`
`23
`
`Canon Exhibit 1002, Page 270
`
`

`

`Claim 1 discloses that as part of establishing the short-range paired wireless
`
`connection between the digital camera device and the cellular phone, the digital camera
`
`device cryptographically authenticates the cellular phone.
`
`The office action on page 8 states as follows: "King further teaches wherein
`
`establishing the short-range paired wireless connection comprises, the digital camera
`
`device cryptographically authenticating identity of the cellular phone (the portable data
`
`capture device is paired to a host machine). The host machine is preferably a computer,
`
`personal digital assistant (PDA) device, or a mobile communication device such as a
`
`mobile phone or Blackberry™ text messaging device ... The portable device will perform
`
`authentication and security procedures prior to interacting with host devices to which it is
`
`not currently paired [0735] (incorrectly identified as paragraph [0375] in the office
`
`action)".
`
`In response, applicant submits that King does not teach or suggest "the scanner
`
`cryptographically authenticating identity of the cellular phone".
`
`Paragraph [0735] of King recites as follows: "An exchange of authentication and
`
`security information is part of the pairing process between the portable device and the
`
`host device. The portable device will perform authentication and security procedures
`
`prior to interacting with host devices to which it is not currently paired. The security
`
`procedures can optionally include user identification procedures, such as biometric
`
`identification."
`
`Further, paragraph [0817] of King recites as follows: "If anyone tries to use the
`
`scanner with another device the system (or the scanner itself) requires user to
`
`verify/authenticate his identity before the new communication pairing will operate."
`
`From the above two paragraphs, the following becomes apparent:
`
`24
`
`Canon Exhibit 1002, Page 271
`
`

`

`1. What is being Authenticated in King vs Applicant :
`
`King is performing "user" authentication.
`
`Applicant is performing "cellular phone" authentication.
`
`Authenticating an User -::j:. Digital Camera Device authenticating a Cellular Phone
`
`2. How is authentication performed :
`
`King is performing authentication by "requiring user to verify" OR
`
`"biometric identification".
`
`Applicant is cryptographically authenticating the cellular phone.
`
`Biometric identification -::j:. Cryptographic authentication
`
`Requiring user to verify -::j:. Cryptographic authentication
`
`In contrast, applicant discloses that the digital camera device cryptographically
`
`authenticates the cellular phone before establishing a paired short-range paired wireless
`
`connection with the cellular phone. As illustrated in detail in page 6, lines 5-29 of
`
`applicant's original application, the digital camera device and the cellular phone
`
`exchange a passkey between each other to cryptographically authenticate each other. This
`
`is done in order to establish a secure short-range paired wireless connection between the
`
`digital camera device and the cellular phone. There is no evidence in King that the
`
`scanner cryptographically authenticates the cellular phone before establishing a short(cid:173)
`
`range paired wireless connection.
`
`Applicant therefore submits that both "What" and "How" is different in
`
`King's authentication teaching.
`
`25
`
`Canon Exhibit 1002, Page 272
`
`

`

`Applicant therefore respectfully submits that Kennedy, in view of King, in view
`
`of Lin, further in view of Pryor does not teach or suggest the following limitation in
`
`claim 1:
`
`"establishing a short-range paired wireless connection between the digital camera
`
`device and the cellular phone, wherein establishing the short-range paired
`
`wireless connection comprises, the digital camera device cryptographically
`
`authenticating identity of the cellular phone;"
`
`Argument 3: Acquiring new-media by the digital camera device after establishing a
`
`short-range paired wireless connection with the cellular phone (Applicant) vs NOT
`
`checking for the establishment of a short-range paired wireless connection before
`
`acquiring new images (Kennedy)
`
`Claim 1 discloses that the new-media is acquired by the digital camera device
`
`after the short-range paired wireless connection is established between the digital camera
`
`device and the cellular phone,
`
`The office action on page 6 states that paragraphs [0010], [0032] and [0034] of
`
`Kennedy teach: "acquiring new-media, wherein the new-media is acquired after
`
`establishing the short-range paired wireless connection between the digital camera
`
`device and the cellular phone." Applicant respectfully disagrees with the above statement
`
`for the following reasons.
`
`Paragraph [0010] of Kennedy discloses: "The camera can be configured for any
`
`one of a plurality of operational modes such as real-time upload, automatic upload or
`
`manual upload. In real-time mode the portable electronic device generally transfers its
`
`data as the data is acquired and as quickly as the wireless connections will allow.
`
`Automatic mode senses when the camera's memory is nearly full, or otherwise reaches a
`
`predetermined or programmable threshold and initiates a connection, transfers data and
`
`26
`
`Canon Exhibit 1002, Page 273
`
`

`

`then disconnects. Manual mode lets the user decide when to perform the upload by
`
`activating a control on the portable electronic device."
`
`In real-time mode, the camera disclosed by Kennedy transfers its data to a home(cid:173)
`
`based server as soon as the data is acquired and as quickly as the wireless connections
`
`allow (see Kennedy FIG. 2, element 100, home-based server, and paragraph [0031]). In
`
`the real-time mode, the camera does not check if a paired connection is pre-established
`
`with the cellular phone. For example, in the Kennedy reference, when a non-paired BT
`
`connection to the cellular phone is unavailable, to make sure the pictures are sent "as
`
`quickly as the wireless connections allow", the camera in Kennedy will have to save the
`
`pictures in its local memory until the non-paired connection between the cellular phone
`
`and the camera is established and then send the pictures when "the wireless connection
`
`allows". Therefore, in Kennedy, there is no pre-check to ascertain that the paired BT
`
`connection to the cellular phone is available.
`
`Paragraph [0032] explains the automatic mode as follows: "\Vhen operating in
`
`automatic mode, the camera senses when the memory is full or nearly full based upon a
`
`thr..~,~J!~2lELY.':!A1d~- The user can set the threshold to any desired percentage of rnemory
`
`using the user inte1face 210. Accordingly, when the camera detects the memory to be full
`~~Ln~~~xb: __ fg!l,j_Lirrit!~:~:t~,~--_g--~gnn,~-~-~jgg__tg __ th~ .. f.~_UJ!-h~~n~, ___ tr-1lrr~f~r§ __ ft_gt~L_gngJ1I~n
`disconnects." It is obvious that in this mode also the camera is acquiring images until the
`
`size of the acquired images reaches a threshold value. Only then the camera initiates a
`
`connection to the cellular phone and transfers the images to the server through the
`
`cellular phone.
`
`Paragraph [0033] explains the manual mode as follows: "In manual mode the
`
`1!~~L~l~flcQ~~--).Y-h~!L!:9 .. IL~rE?DILthL~r_gmf~X. The Tit~Im?!:Y .. £11P.~1~ttY.I~!Tl_gjx!iDZ.I!!.':!Y .. h~
`
`displayed on display 250. The user may then arbitrarily decide to transfer data using the
`
`user interface 210. The camera would then fulfill the user's request by making a
`
`connection to the cell phone, transferring the data. and then disconnecting." It is obvious
`
`that the user continues to acquire images until he notices that the memory capacity of the
`
`27
`
`Canon Exhibit 1002, Page 274
`
`

`

`device is very low. He then initiates a connection to the cellular phone and transfers the
`
`images to the server through the cellular phone.
`
`Paragraph [0034] explains the hybrid mode as follows: "In another hybrid mode,
`
`the camera 75 may he set in manual data transfer mode, hut the camera 75 may also
`
`initiate an automatic transfer if the buffer is gettin!! full in the event that the user hasn't
`
`started a data transfer in time." It is obvious that the user continues to acquire images
`
`until the camera automatically detects that the memory capacity of the device is very low.
`
`The camera then initiates a connection to the cellular phone and transfers the images to
`
`the server through the cellular phone.
`
`Therefore, applicant submits that in NONE of the four modes (real-time,
`
`automatic, manual and hybrid), the camera first establishes a cryptographically
`
`authenticated short-range paired wireless connection with the cellular phone and then
`
`starts acquiring the images.
`
`Applicant therefore respectfully submits that Kennedy, in view of King, in view
`
`of Lin, further in view of Pryor does not teach or suggest the following limitation in
`
`claim 1:
`
`"acquiring new-media, wherein the new-media is acquired after establishing the
`
`short-range paired wireless connection between the digital camera device and
`
`the cellular phone;"
`
`Argument 4: Digital camera device receiving a data transfer request from the
`
`cellular phone for the transfer of the new-media file created in the digital camera
`
`device before the receipt of the data transfer request (Applicant) vs NO data
`
`transfer request (Kennedy and Lin)
`
`Claim 1 discloses that the digital camera device receives the data transfer request
`
`from the cellular phone for transferring the new-media file created in the digital camera
`
`28
`
`Canon Exhibit 1002, Page 275
`
`

`

`device before receiving the data transfer request from the cellular phone. Applicant
`
`discloses that after a paired connection is established between the cellular phone and the
`
`digital camera device, "new-media" is acquired by the digital camera device and the
`
`"new-media file" is created. After that, the cellular phone initiates a data transfer
`
`process by sending a data transfer request to the digital camera device. The digital
`
`camera device receives the_data transfer request from the cellular phone that initiates
`
`the transfer of the new-media file to the cellular phone (see page 7, lines 5-7 of
`
`applicant's original application: "The client application 203 then initiates the transfer of
`
`the captured data, the multimedia content, and the associated files."). The new-media
`
`file that is requested by the cellular phone is the new-media file created in the digital
`
`camera device before it receives the data transfer request from the cellular phone.
`
`The office action on page 6 states that Kennedy teaches: "receiving a data transfer
`
`request initiated by a software application on the cellular phone, over the established
`
`short-range paired wireless connection, wherein the data transfer request is for the created
`
`new-media file". Applicant respectfully disagrees with the above statement for the
`
`following reasons.
`
`Paragraph [0010] of Kennedy discloses: "The camera can be configured for any
`
`one of a plurality of operational modes such as real-time upload, automatic upload or
`
`manual upload."
`
`Paragraph [0010] of Kennedy further discloses that "Manual mode lets the user
`
`decide when to perform the upload by activating a control on the portable electronic
`
`device." It is therefore clear that in the manual mode in Kennedy, data transfer is
`
`initiated by the camera user and NOT by the Cellular Phone (see Kennedy FIG. 2
`
`reproduced below).
`
`29
`
`Canon Exhibit 1002, Page 276
`
`

`

`As you can see in Manual
`Mode [0033]
`
`"The user may then
`arbitrari ly decide to transfer
`data using the user interface
`210."
`
`The 210 User Interface
`Element is on the Digital
`Camera and NOT
`the
`
`_ .. ·
`
`I
`
`Th::l:re ~s NO d;;~h:~ tfaH:S:f~~r r)~-:l~H~st[
`n'~nn H~:~ (:~~§~t~t:~:r r·!~Q~~e t{) th~~
`DigAal CBmera
`l~·fa:tu..;ai l~tcdf"J.
`
`-~~~~~ ........................ <~-:--r.r}~RNr-r~~ ........ ·-· -------
`>"r···/··
`
`~ · ··· ·· ··· · · ··· · ··
`
`m-··· .. l
`
`}.:~{)
`
`...._-..._A~
`
`'
`
`tH.:.otAl<.
`. rmTWORK:
`
`'·!'<<·, ~-·l
`"-:"i~/
`'
`~ ......... _._ .. _ ... _._._._.
`"•+··
`
`l S~' -.
`
`Kennedy Fig. 2
`
`Further, Kennedy paragraph [0033] discloses as follows: "In manual mode, the
`
`user decides when to perform the transfer. The memory capacity remaining may be
`
`displayed on display 250." As illustrated in FIG. 2 of Kennedy, reproduced above, the
`
`user may then arbitrarily decide to transfer data using the user interface 210. The camera
`
`would then fulfill the user's request by making a connection to the cellular phone,
`
`transferring the data, and then disconnecting." It is clear that in Kennedy, the User
`
`Interface Element 210 is on the Digital Camera and NOT on the Cellular Phone. There
`
`is NO data transfer request from the Cellular Phone to the Camera in the Manual Mode
`
`that initiates the transfer of captured images.
`
`Kennedy, paragraph [0034] discloses: "In another hybrid mode, the camera 75
`
`may be set in manual data transfer mode, but the camera 75 may also initiate an
`
`automatic transfer if the buffer is getting full in the event that the user hasn't started a
`
`data transfer in time." Therefore, it is clear that even in the hybrid mode, there is NO data
`
`30
`
`Canon Exhibit 1002, Page 277
`
`

`

`transfer request from the Cellular Phone to the Camera that initiates the transfer of
`
`captured images.
`
`Kennedy further discloses a real-time mode of data transfer. However, even in
`
`real-time mode, the camera transfers its data to a home-based server as soon as the data is
`
`acquired and as quickly as the wi