UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`Ingenico Inc.,
`
`Petitioner
`
`v.
`
`IOENGINE, LLC,
`
`Patent Owner
`
`____________
`
`Patent No. 9,059,969
`
`Title: APPARATUS, METHOD AND SYSTEM FOR A
`
`TUNNELING CLIENT ACCESS POINT
`
`Inter Partes Review No. IPR2019-XXXXX
`
`____________
`
`DECLARATION OF JAMES T.GEIER
`
`____________
`
`Ingenico Inc. - Ex. 1002
`Page 1
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`TABLE OF CONTENTS
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`Introduction ...............................................................................................................1
`
`Qualifications ............................................................................................................2
`
`Person of Ordinary Skill in the Art............................................................................7
`
`Understanding of the Law .........................................................................................8
`
`The parent ’006 Patent.............................................................................................10
`
`The ’047 Patent........................................................................................................10
`
`The ’969 Patent........................................................................................................11
`
`Terminology ............................................................................................................12
`
`US2003/0020813 (Iida)...........................................................................................14
`
`Fujifilm Software Quick Start Guide ......................................................................16
`
`U.S. Patent No. 5,784,461 (Shaffer)........................................................................18
`
`Secure Electronic Commerce (Ford) .......................................................................18
`
`Claims 1-8, 10-16, 19-21, 24, 25 and 27-29 are anticipated by Iida .......................19
`
`Iida/Fuji Guide combination....................................................................................59
`
`Claims 7, 10 and 11.................................................................................................67
`
`Claim 26 ..................................................................................................................68
`
`Iida and Shaffer .......................................................................................................70
`
`Appendix A: Curriculum Vitae of James T. Geier..................................................75
`
`1
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`James T. Geier Declaration
`
`I, James T. Geier, make this declaration in connection with the proceedings
`
`identified above.
`
`Introduction
`
`1.
`
`I have been retained by counsel for Ingenico, Inc. (“Ingenico”) as a
`
`technical expert in connection with the proceedings identified above. I submit this
`
`declaration on behalf of Ingenico in support of its petition for Inter Partes Review
`
`of United States Patent No. 9,059,969 (“the ’969 patent”).
`
`2.
`
`I base my opinions below on my professional training and experience
`
`and my review of the exhibits discussed herein. My compensation for this
`
`assignment is $350 per hour. My compensation is not dependent on the substance
`
`of my opinions or my testimony or the outcome of the above-identified
`
`proceedings.
`
`3.
`
`I have been asked to provide an opinion on the patentability of the
`
`challenged claims. In my opinion,
`
`• claims 1-8, 10-16, 19-21, 24, 25 and 27-29 of the ’969 patent are
`
`anticipated by U.S. Patent Application Publication No. 2003/0020813
`
`(“Iida”)
`
`1
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`• claims 1-8, 10-16, 19-21 and 24-29 would have been obvious to a
`
`POSITA over Iida in view of the FujiFilm Software Quick Start Guide
`
`(“Fuji Guide”)
`
`• claim 4 would have been obvious to a POSITA over Iida in view of
`
`Shaffer
`
`• claim 4 would have been obvious to a POSITA over Iida in view of Fuji
`
`Guide and Shaffer.
`
`
`
`Qualifications
`
`4.
`
`My qualifications for forming the opinions set forth in this report are
`
`listed in this section and in Appendix A attached, which is my curriculum vitae.
`
`Appendix A also includes a list of my publications.
`
`5.
`
`I received a B.S. degree in Electrical Engineering from California
`
`State University in 1985. In 1990, I received an M.S. degree in Electrical
`
`Engineering from the Air Force Institute of Technology.
`
`6.
`
`I have 40 years of experience in the communications industry
`
`designing, analyzing, and
`
`implementing communications systems, wireless
`
`networks, client/server systems, databases, and mobile devices. I have authored
`
`over a dozen books on mobile and wireless topics, such as Designing and
`
`Deploying 802.11 Wireless Networks (Cisco Press), Implementing 802.1X
`
`2
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`Security Solutions (Wiley), Wireless Networking Handbook (New Riders) and
`
`Network Re-engineering (McGraw-Hill). I have been an active participant within
`
`standards organizations, such as the IEEE 802.11 Working Group and the Wi-Fi
`
`Alliance. I have served as Chairman of the IEEE Computer Society, Dayton
`
`Section, and various conferences.
`
`7.
`
`I have experience designing and developing handheld devices, such as
`
`wireless data collectors and handheld mobile scanner / printers. For example, while
`
`working for Monarch Marking Systems in the late 1990s, I was responsible for the
`
`development of software for Monarch’s line of wireless handheld data collectors
`
`used in inventory management applications and barcode scanners / printers used
`
`for scan-print-and-apply applications (such as price marking and shipping label
`
`production). For these devices, I was involved in the design and implementation of
`
`embedded microcode used to control the devices and application software used to
`
`provide functionality that customers required for specific applications. In addition,
`
`during 2004-2005, I was editor-in-chief of mobiledsoftware.com, a publication
`
`focusing on how to implement mobile applications and embedded software, where
`
`I managed the editorial calendar, edited and approved articles written by freelance
`
`writers, and managed the publication’s blogs.
`
`8.
`
`I have experience designing and implementing portable device
`
`communications protocols, such as parallel ports, serial ports, USB, Bluetooth, and
`
`3
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`WiFi, and corresponding software. For example, at Monarch Marking Systems in
`
`the late 1990s, I developed and implemented wireless and wired interfaces
`
`(protocols and transceivers) that provided communications between bar code
`
`scanners and printers (and servers). For example, I designed and implemented a
`
`wireless dongle that provided short-range wireless communications between
`
`Monarch’s Pathfinder Ultra (handheld scanner / printer) and Monarch’s wearable
`
`printer for use in mobile applications, such as rental car check-in. This project
`
`involved designing and implementing proprietary interface hardware (wireless
`
`transceiver) and proprietary communications protocol used between the Ultra and
`
`the printer. In addition, while working at Monarch Marking Systems, I analyzed
`
`and implemented wired interfaces (serial / parallel ports and USB) for use in
`
`Monarch’s tabletop printers. In addition, while working at Monarch Marking
`
`Systems, I designed and implemented IEEE 802.11 radios in Monarch’s Pathfinder
`
`Ultra to provide communications with 802.11 networks. Also, as a consultant
`
`working with Draeger Medical in the late-2000s, I designed and developed a Wi-Fi
`
`interface (transceiver and protocols) used between patient heart monitors and
`
`servers. This project involved analyzing communication problems in an existing
`
`system used at multiple hospitals and redesigning the communication protocols to
`
`resolve the issues.
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`4
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`9.
`
`I have experience analyzing and designing encryption used in
`
`communications systems. For example, while in the Air Force and assigned to the
`
`AFCC Operational Test and Evaluation Center during the late-1980s, I tested and
`
`analyzed secure digital communications links used by the Air Force. This involved
`
`analyzing and testing encryption used on the communication links and making
`
`recommendations on the type of encryption to use. Also, while working for
`
`Monarch Marking Systems, I analyzed and designed encryption for use in the
`
`external wireless interfaces of Monarch’s products. In addition, as a consultant
`
`during the early and mid-2000 timeframe, I analyzed the security of wireless
`
`networks for various organizations, such as the City of Miami Beach and Eastman
`
`Kodak. For these projects, I performed testing (passive monitoring and active
`
`penetration tests) and made recommendations on the type of encryption to use.
`
`10.
`
`I have experience analyzing and designing security solutions for
`
`networked communication systems. In 2009, I provided consulting services and
`
`recommendations to the City of Portland, OR, for designing a security system
`
`using digital certificates. This included recommendations on the types of
`
`certificates to use and the system architecture needed to implement the distribution
`
`and management of the certificates. In 2001, I provided consulting services and
`
`recommendations to Illuminet, inc., a company developing roaming solutions for
`
`wireless users. This involved the analysis and consideration of using digital
`
`5
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`certificates for authenticating user client devices. In 2006, I authored the book
`
`titled "Implementing 802.1X Security Solutions for Wired and Wireless Networks”
`
`(2008, Wiley) where I discuss the use of digital certificates when implementing
`
`security solutions using the IEEE 802.1x protocols.
`
`11.
`
`I have experience analyzing and designing systems supporting the
`
`delivery of voice, video, and images. For example, while working for TASC in the
`
`mid-1990s, I designed and tested an Ethernet network designed to support the
`
`delivery of x-ray images between servers and patient rooms in hospitals. Also, as a
`
`consultant in the mid-2000s, I designed a wireless video surveillance system
`
`installed through the City of Lakewood, Colorado, which involved analyzing and
`
`configuring the network to support delivery of video and image signals between
`
`cameras and centralized servers. Also, as a consultant for Life Fitness in the early
`
`2000s, I analyzed and designed a wireless system supporting delivery of video
`
`signals from servers to exercise equipment. In addition, I’ve designed voice-over-
`
`Wi-Fi systems, comprising mobile Wi-Fi phones, voice telephony servers, and Wi-
`
`Fi networks, for a number of hospitals, such as Lima Memorial Hospital in Ohio.
`
`12.
`
`I have experience designing and implementing client/server systems,
`
`involving servers (hardware, operating system, and storage systems), databases,
`
`and graphical user interfaces (GUIs) for various applications. For example, while
`
`working for Monarch Marking Systems in the late 1990s, I developed a hospital
`
`6
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`narcotics tracking system that comprised a barcode scanner, application software
`
`for the scanner, server, database and associated GUI, and a wireless network. In
`
`addition, while working for TASC in the mid-1990s, I designed and implemented a
`
`training database and associated GUI, which was used by the Air Force to maintain
`
`military and civilian training records. Also, at TASC, I developed a parts tracking
`
`system for Reynolds and Reynolds that was used by car dealerships to track parts.
`
`This project involved design and implementation of GUI and database software.
`
`Person of Ordinary Skill in the Art
`
`13.
`
`In my opinion, a person of ordinary skill in the art (“POSITA”)
`
`pertaining to the '969 patent as of March 23, 2004 would have had a Bachelor of
`
`Science degree
`
`in Electrical Engineering, Computer Science, Computer
`
`Engineering or related discipline, and experience in programming software for
`
`computer peripheral devices and databases / servers and would have had a working
`
`understanding of computer hardware, operating systems, encryption, data storage,
`
`user interfaces, and peripheral and portable device communication protocols (e.g.,
`
`parallel ports, serial ports, RS-232, USB, Bluetooth, WiFi and the like. This
`
`definition of a POSITA characterizes the ordinary skill of persons hired and
`
`employed at Monarch Marking Systems in the late 1990s. For example, I was
`
`employed at Monarch Marking Systems during that time and met all these
`
`requirements of a POSITA. In addition, I was personally involved in hiring people
`
`7
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`at Monarch who met these requirements of a POSITA. Monarch to hire people
`
`with these POSITA attributes because we were designing and implementing
`
`portable handheld devices that communicated over various interfaces to servers
`
`having databases.
`
`Understanding of the Law
`
`14.
`
`I am not an attorney. For the purposes of this report, I have been
`
`informed about certain aspects of the law that are relevant to my analysis and
`
`opinions.
`
`15.
`
`I understand that a patent claim is unpatentable if the claimed
`
`invention would have been obvious to persons having ordinary skill in the art at the
`
`time the invention was made in the field of the technology of the patent.
`
`16.
`
`This means that even if all of the requirements of the claim cannot be
`
`found in a single prior-art reference, the claim can still be unpatentable.
`
`17.
`
`I understand that in determining whether a claimed invention is
`
`obvious, it is necessary to consider the level of ordinary skill in the field of the
`
`invention that someone would have had at the time the claimed invention was
`
`made, the scope and content of the prior art, and any differences between the prior
`
`art and the claimed invention.
`
`18. As part of this inquiry, I have been asked to consider the level of
`
`ordinary skill in the art that someone would have had at the time of the alleged
`
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`invention. In deciding the level of ordinary skill, I considered the levels of
`
`education and experience of persons working in the field; the types of problems
`
`encountered in the field; and the sophistication of the technology.
`
`19.
`
`To obtain a patent, a claimed invention must have been, as of the
`
`priority date, nonobvious in view of the prior art in the field. I understand that an
`
`invention is obvious when the differences between the subject matter sought to be
`
`patented and the prior art are such that the subject matter as a whole would have
`
`been obvious at the time the invention was made to a POSITA.
`
`20.
`
`I understand that to prove that prior art or a combination of prior art
`
`renders a patent obvious, it is necessary to: (1) identify the particular references
`
`that, singly or in combination, make the patent obvious; (2) specifically identify
`
`which elements of the patent claim appear in each of the asserted references; and
`
`(3) explain why a POSITA would have combined the references, and how they
`
`would have done so, to create the inventions claimed in the patent.
`
`21.
`
`I understand
`
`that certain objective
`
`indicia or “secondary
`
`considerations” can be important evidence regarding whether a patent is obvious.
`
`Such indicia include: commercial success of products covered by the patent claims;
`
`a long-felt need for the invention; failed attempts by others to make the invention;
`
`copying of the invention by others in the field; unexpected results achieved by the
`
`invention as compared to the closest prior art; praise of the invention by an
`
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`infringer or others in the field; the taking of licenses under the patent by others;
`
`expressions of surprise by experts and those skilled in the art at the making of the
`
`invention; and the patentee proceeding contrary to the accepted wisdom of the
`
`prior art.
`
`The parent ’006 Patent
`
`22.
`
`The ’969 patent is the third patent in a family of continuations dating
`
`back to the original parent patent U.S. 7,861,006 (the ’006 patent), Ex. 1015,
`
`which was filed on March 23, 2004, which I therefore understand to be the relevant
`
`priority date for all those claims that find support in the original patent
`
`specification and drawings.
`
`23.
`
`The claims of the ’006 patent confirm that the invention was
`
`understood to be a universal serial bus (USB) conduit for communication with a
`
`computer terminal whose display unit is used to present an interactive user
`
`interface. Ex. 1015, C30:L60-C36:L10. All of the claims of the ’006 patent further
`
`require the storage of encrypted data on the memory of the device. Id.
`
`The ’047 Patent
`
`24. U.S. Patent No. 8,539,047 (“the ’047 patent”), Ex. 1017, is a
`
`continuation of the ’006 patent. During prosecution as seen in Ex. 1016, Applicant
`
`sought protection without the encryption/decryption or the USB limitations.
`
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`Consequently the claims rely on combinations of program code to avoid cited
`
`references.
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`25. After an interview, the examiner advised the applicant to specify in all
`
`the claims the portable device as the source that causes the user interface to be
`
`presented.
`
`26.
`
`The application faced three non-final rejections, but was ultimately
`
`allowed as applicant emphasized the absence in the prior art of the first, second and
`
`third program code as claimed.
`
`The ’969 Patent
`
`27.
`
`The ’969 patent, Ex. 1001, is a further continuation coming in the
`
`chain after the ’047 patent. It was filed August 6, 2013 and issued June 16, 2015.
`
`28.
`
`The application included claim 9, which recites “the upload of
`
`program code”. Ex. 1018, p.82.
`
`29.
`
`Searching for the term “upload” through the prosecutions of the parent
`
`applications leading up to the ’969 patent, the first mention of an “upload of
`
`program code”, was not made until that phrase was included in claim 9 filed
`
`August 6, 2013 in the application 13/960,514, which matured into the ’969 patent.
`
`I could not find any mention or written description of an upload of program code
`
`from the portable device to a communications network node in any of the
`
`specifications or drawings of the parent applications. Exs. 1015, 1017.
`
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`Terminology
`
`30. A POSITA would have understood that a “user interface” is an
`
`interface that enables a user to interact with a computer. The Computer Glossary,
`
`Ninth Edition, 2001, Ex. 1009, p. 3 agrees that a user interface includes a
`
`combination of elements, such as menus, screen design, keyboard commands,
`
`command language, and help screens, which create the way a user interacts with a
`
`computer. The claims of the ’969 patent presents an interactive user interface as a
`
`display on the output component of the terminal. According to one such interface
`
`in the ’969 patent, inputting registration information to the display screen 515 in
`
`Fig. 5, if successful, will produce a follow-up screen 517 and otherwise produces
`
`an error message. Ex. 1001, C9:L52-54, C7:L53-56. The ’969 patent illustrates
`
`other interactive user interfaces, which likewise receive textual inputs for eliciting
`
`a responsive screen from the terminal. For example, the ’969 patent teaches
`
`another login function at screen 519 where the user enters login information. Ex.
`
`1001, C9:L45-64. In addition, screens 563 and 565 call for shipping information
`
`and payment information, which can responsively produce a confirmation interface
`
`allowing for editing of the order. Ex. 1001, C10:L46-53. Interactive has been
`
`defined as “mutually or reciprocally active.” Ex. 1010, Merriam Webster’s
`
`Collegiate Dictionary, Eleventh Edition, 2003, p. 3. Therefore an “interactive user
`
`interface” as used in the ’969 patent claims would have been understood to mean a
`
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`display with which a user may interact to result in the computer taking action
`
`responsively.
`
`31.
`
`The ’969 patent includes the unique phrase “graphic user interface.” It
`
`appears that the inventor is acting as his own lexicographer to present a new term
`
`to broadly define his alleged invention. The patent identifies examples of graphic
`
`user interfaces, specifically calling out graphical user interfaces as provided by,
`
`with or atop “Apple Macintosh OS, e.g., Aqua, Microsoft Windows (NT/XP), Unix
`
`X Windows (KDS, Gnome, and/or the like).” Ex. 1001, C26:11-13. It goes on to
`
`say the user interface “may allow for the display, execution, interaction,
`
`manipulation, and/or operation of program modules and/or system facilities
`
`through textual and/or graphical facilities.” Ex. 1001, C26:L16-19. These
`
`descriptions in the patent differ from text-based interfaces. The early DOS
`
`operating systems were entirely text-based and had no capacity for graphic
`
`elements. It is my opinion that a POSITA would understand that to distinguish a
`
`graphic user interface from a non-graphic user interface, a graphic user interface
`
`would include display of a graphic element. As used in the claims, “graphic user
`
`interface” builds on the construction of an interactive user interface. Therefore, in
`
`my opinion, as used in the ’969 patent “graphic user interface” would be
`
`understood to mean “a display with which a user may interact, facilitated by a
`
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`graphic element displayed thereon, to result in the computer taking action
`
`responsively.”
`
`US2003/0020813 (Iida)
`
`32.
`
`Iida, Ex.1003, published January 30, 2003, more than a year before
`
`the ’969 patent’s earliest priority date, is prior art to the ’969 patent. I understand
`
`that Iida was not in front of the examiner during prosecution.
`
`33.
`
`Iida’s portable device is digital camera 12, which interacts via
`
`wireless communication with terminal 14. The terminal can be a portable
`
`telephone, or alternatively, “a PDA [Personal Digital Assistant], a wearable
`
`computer, or a mobile computer” and is referred to in the detailed description as
`
`“portable terminal 14.” Ex. 1003, Iida [00144].
`
`34.
`
`To keep the cost of camera 12 low, “the capacity of the [camera’s]
`
`built-in memory 48 is set comparatively low” and it uses the terminal 14 to allow
`
`the user to transfer image data over the Internet 16 to an image server 18, which
`
`stores the image data on-line in storage medium 88. Id. at [0101] and Fig. 1C. A
`
`personal computer (“PC”) can also or alternatively be used to provide local long-
`
`term storage for image data. Also, to lower cost, the camera has no display, and
`
`instead uses display unit 62 of the terminal 14 to show images and provide
`
`interactive user interfaces. See for example id. at [0059], [0082], [0095], [0099],
`
`and Figs. 6A, 6E and 6F.
`
`14
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`35.
`
`Iida provides the camera with both the program code and the
`
`processing capability to control the terminal’s display unit 62 and to cause the
`
`transfer of image data from the camera, through the terminal, through the Internet
`
`to an image server, and back again. See Ex. 1003 at [0054] (camera’s processor
`
`executes the algorithms shown in Figs. 4A-4D), [0065] (the program code is stored
`
`in ROM in the camera), and [0079], [0128].
`
`36. Camera 12 has a control unit 52 connected over a bus 50 with two
`
`communication interfaces for communicating with terminals and networks. Iida
`
`explained that either wireless or contact-type communication methods could be
`
`used. Ex. 1003, Iida [0066]. The wireless communication may be via a Bluetooth
`
`or HomeRF network with the portable terminal 14 and further via the Internet with
`
`an image server 18. The external I/F (“interface”) unit 55 communicates with
`
`another terminal, the PC, for example. Id.
`
`37.
`
`Terminal 14 also has two communication interfaces, a first wireless
`
`communication unit 66 to communicate with internet 16 through telephone
`
`network 82, and a second wireless communication unit 68 to communicate with
`
`camera 12. See Ex. 1003 at Figs. 1B and 1C, as well as [0068]-[0070] and [0110]-
`
`[0113].
`
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`
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`Fujifilm Software Quick Start Guide
`
`38.
`
`Iida discloses an example of a camera that could be employed as the
`
`image photographing device is the Fuji FinePix6800Z. Ex. 1003, [0153]. This
`
`camera was on sale to the public at least as early as 2001. Exs. 1008, 1011.
`
`39.
`
`Information about the Fuji FinePix6800Z was published in magazines
`
`published in 2001. For example, the Nov 27, 2001 edition of PC Magazine focused
`
`on digital cameras and included a review of the FinePix6800Z. See page 109 at
`
`https://books.google.com/books?id=B2GNM84P3YwC&pg=PA109&dq=Fuji+Fin
`
`epix+6800+zoom+digital+camera&hl=en&sa=X&ved=2ahUKEwim-
`
`6m957bgAhVrja0KHV15BDUQ6AEwAXoECAYQAg#v=onepage&q=Fuji%20F
`
`inepix%206800%20zoom%20digital%20camera&f=false . Ex. 1008.
`
`
`
`40.
`
`In addition, the May-June, 2001 edition of American Photo magazine
`
`also included the Fuji FinePix6800Z. See page 31 at
`
`https://books.google.com/books?id=oxAW7ngnbxwC&pg=PA31&dq=Fuji+Finepi
`
`x+6800+zoom+digital+camera&hl=en&sa=X&ved=2ahUKEwim-
`
`6m957bgAhVrja0KHV15BDUQ6AEwBXoECAIQAg#v=onepage&q=Fuji%20Fi
`
`nepix%206800%20zoom%20digital%20camera&f=false . Ex. 1011.
`
`41.
`
`I found a Fujifilm Software Quick Start Guide on the Internet at
`
`https://www.fujifilmusa.com/support/ServiceSupportProductContent.do?dbid=670
`
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`783&prodcat=235228&sscucatid=664271. Ex. 1012.The guide is identified on the
`
`web page as FinePix Exif Viewer Software Installation Manual for Windows and
`
`Mac (Finepix models: 2600, 2300, 4800, 6800 and 6900). Using the metadata
`
`analyzer at www.get-metadata.com, I learned that the metadata for this guide
`
`indicates a create date of February 19, 2001 and a modify date of February 20,
`
`2001. I understand that the modify date indicates the last time that the pdf file was
`
`updated, and that there should not have be any modifications to the document since
`
`that date. This assumes that no specialized tools were used to modify the document
`
`in a way that doesn’t update the modified date. I was unable to determine when the
`
`Fuji web page with the guide was made publicly available. The online version Ex.
`
`1012 of the guide is substantially similar to the Fuji Guide of Ex. 1004.
`
`42.
`
` The Fuji Guide of Ex. 1004 shows that the camera may be attached
`
`to a terminal by a USB cable. Ex. 1004, p. 7. The Fuji Guide further shows that
`
`software (Exif Launcher and FinePixViewer) may be loaded from a CD-ROM onto
`
`the terminal. The Exif Launcher code launches the FinePixViewer startup window,
`
`which displays thumbnail images communicated from the camera in a clickable
`
`interactive user interface. Ex. 1004, p. 17. The FinePixViewer further includes
`
`code for establishing communications over the Internet with a FinePix Internet
`
`Service. Id. p. 20.
`
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`U.S. Patent No. 5,784,461 (Shaffer)
`
`43.
`
` U.S. Patent No. 5,784,461 (Shaffer), Ex. 1006, issued July 21, 1998,
`
`making it prior art against the ’969 patent. Shaffer is directed to providing
`
`customer access to images and image related services. Shaffer discusses placing
`
`orders for photographs over a publicly accessed network such as the Internet. Ex.
`
`1006, C1:L39-41.
`
`44.
`
` Given the use of public networks, Shaffer addresses concerns about
`
`hackers. According to methods disclosed by Shaffer, even “if the high resolution
`
`images were to be intercepted by a third party, the third party would not be able to
`
`use the images to provide services relating to the images.” Ex. 1006, C6:L2-5.
`
`According to the method of Shaffer, after an order is placed over a telephone line
`
`or the Internet, “the processing of a request for delivery for this high resolution
`
`image will involve encrypting and sending only the difference between the low
`
`resolution and high resolution versions of the image.” Ex. 1006, C6:L11-14.
`
`Shaffer demonstrates that encrypting communications and encrypting data related
`
`to photographs or the like for transmission over the Internet was well known in the
`
`art.
`
`Secure Electronic Commerce (Ford)
`
`45.
`
` The textbook Secure Electronic Commerce, written by Warwick Ford
`
`& Michael S. Baum (“Ford”) (Ex. 1007) was published by Prentice-Hall, Inc. in
`
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`1997 and bears ISBN 0-13-476342-4. Ford is prior art to the ’969 patent. Ford
`
`presents the extensive knowledge in the art with regard to protecting the security of
`
`electronic communications, including encryption and the use of digital certificates.
`
`Claims 1-8, 10-16, 19-21, 24, 25 and 27-29 are anticipated by Iida
`
`46.
`
`Iida’s portable digital camera 12 corresponds to the portable device of
`
`claim 1 and includes all of the recited elements of that device.
`
`a. Camera 12 has an external communication interface (“wireless
`
`communication unit 56”) configured to enable communications
`
`between the camera and the portable terminal 14 and any number of
`
`nodes on a network including base station 84, access points 86,
`
`routers on the Internet and image server 18. The camera’s “wireless
`
`communication unit 56” may interface with a wireless network, such
`
`as HomeRF. Ex. 1003, [0066]. Wireless communication unit 56 also
`
`communicates with image server 18 with communications that also
`
`pass through terminal 14, its first wireless communication unit 66, a
`
`“telephone network 82” and “Internet 16”. Ex. 1003, [0066]-[0070].
`
`b. Camera 12 has its own processor (“control unit 52, which includes a
`
`CPU)—separate from the processor of terminal 14. CPU stands for
`
`central processing unit, which is a processor. Ex. 1003, [0065].
`
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`c. Camera 12 also has its own memory (“control unit 52, which includes
`
`… a ROM”) which stores the digital camera control processing
`
`illustrated by the flow charts of Figs. 4A-4D. ROM is an acronym for
`
`read-only memory. Ex. 1003, [0065]. Memory on camera 12 further
`
`includes RAM in control unit 52 and built-in memory 48. RAM is an
`
`acronym for random access memory.
`
`47.
`
`Iida’s “portable terminal 14” corresponds to the terminal recited in
`
`claim 1 and includes the recited elements of the terminal.
`
`a. The terminal processor corresponds to “control unit 60 which
`
`comprises a CPU.” Ex. 1003, [0068].
`
`b. The input component corresponds to “operating unit 64 comprising a
`
`ten-keys, touch pad or the like.” Ex. 1003, [0068]
`
`c. The terminal output component corresponds to “display unit 62.” Ex.
`
`1003, [0068].
`
`d. The network communication interface corresponds to “first wireless
`
`communication unit 66.” Ex. 1003, [0068].
`
`e. The memory corresponds to ROM and RAM associated with control
`
`unit 60. Ex. 1003, [0068].
`
`48. All of the elements of claim 1 are disclosed in Iida as shown in the
`
`claim chart below:
`
`20
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`CLAIM 1
`
`IIDA, Ex. 1003
`
`1. A portable device
`configured to communicate
`with
`
`a terminal comprising
`
`[0111] "digital still camera 12 … [is] equipment
`carried by the user." See Figs. 1A, 2A and 2B
`
`[0047] “any of the portable telephone, PDA, wearable
`computer and mobile computer which the user
`possesses.” Fig. 1B, portable terminal 14
`
` [0068]-[0069]“terminal 14" has
`
`a processor,
`
`"control unit 60 which comprises a CPU, a ROM and
`a RAM,”
`
`an input component,
`
`[0068] "operating unit 64 comprising a ten-keys,
`touch pad or the like,"
`
`an output component,
`
`[0068]"display unit 62,"
`
`a network communication
`interface, and
`
`[0068] "first wireless communication unit 66" and
`
`[0068] “a ROM and a RAM.”
`
`a memory configured to
`store executable
`program code,
`including
`
`first program code
`which, when executed
`by the terminal
`
`[0083] “the control unit 60 of the portable
`terminal 14 analyzes the contents of the received
`information and executes a process corresponding to
`
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`processor, is configured
`to present an interactive
`user interface on the
`terminal output
`component, and
`
`a result of the analysis. In this case, the control
`unit 60 judges the received information to be
`information for displaying a screen on the display
`unit 62, and it displays the menu screen on the display
`unit 62 by using the received information….the menu
`screen…displays as choices…which the user can
`select to be executed.”
`
`second program code
`which, when executed
`by the terminal
`processor, is configured
`to prov