Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 1002

Declaration of Sam Stake in Support of #1005 Samsung's Opposition to Apple's Motion for Summary Judgment filed by Samsung Electronics America, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14)(Maroulis, Victoria) (Filed on 6/1/2012) Modified on 6/4/2012 linking entry to document #1005 and correcting filing date. counsel posted document on 6/1/2012 (dhm, COURT STAFF).

EXHIBIT 9

PATE.NT APPLICATION
Attorney Docket No.: 678-430 0a885 l)

IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
APPLICANT(S):

Jae-Min KIM, et al.

¯
g(AkT/!~LICATION NO.:

~
¯ .~

FILING DATE:

GROUP ART UNIT: 2643

09/540,830

EXAMINER: Eng, George

March 31, 2000

DATED: March 17, 2004

FOR: PORTABLE COMPOSITE COMMUNICATION TERMINAL FOR
TRANSMITTING/RECEIVING VOICE AND IMAGES, AND OPERATION
METHOD AND COMMUNICATION SYSTEM THEREOF
MAIL STOP NON-FEE AMENDMENT
Commissioner for Patents
P.O. Box 1450
Alexandria, VA 22313-1450

RECEIVED
MAR 2, g 2004

RESPONSE

Technology Oente, r 2600

Sir:
In response to the Office Action of the United States Patent and Trademark Office dated
December 17, 2003, please consider the following amendments and remarks.

CERTIFICATE OF MAILING UNDER 37 C.F.R. § 1.8 (a)

I hereby certify that this correspondence is being deposited with the United Statei Postal Service as first
class mail, postpaid in an envelope, addressed to the: Mail Stop Non-Fee Amendment, Commissioner of Patents,
P.O. Box 1450, Alexandria, VA 22313-1450 on the date set forth below..
Dated: March 17, 2004

APLNDC-WH-A 0000014115

Attomey Docket No.: 678-430 (P8851)

AMENDMENTS TO THE CLAIMS
1.

(Currently Amended) A portable composite communication terminal for voice

communi(ation and image transmission/reception, comprising:
a camera unit that digitally captures an image of an object, constructs the image in a
predetermined format, compresses the formatted image, and stores the compressed image in the
camera memory under a predetermined camera control;
a portable phone unit having a controller that provides overall control to the portable
composite communication terminal and selectively performs voice communication and image
transmission/reception of at least one image included in an e-mail according to a selected
transm’ission mode among predetermined modes;
a display that displays external images produced by the camera unit images and characters
produced by the portable phone unit for an on screen display (OSD) under the control of the
portable phone unit; and
an interface between the portable phone unit and the display to display images and
charactei’s on the display under the control of the portable phone unit, the inter~’ace comprising:
an OSD controller that controls the overlay display of characters and background
images, said background images received from the portable phone unit or prev.iously
downloaded, at a specific position of a currently-displayed external images on ihe display in
synchronization with one of an external color sync signal received from the camera unit when the
background image is received from the portable phone unit or in synchronizati~n with an internal
color sync signal when the background image is previously downloaded; and
a selector that selectively outputs an external image signal received from the
camera Unit and an OSD image signal received from the OSD controller to be composed of one
image on the display under the control of the OSD controller.
2. (Original) The portable composite communication terminal of claim 1, further
compri.sing a.key pad having a plurality of keys that interface with the portable phone unit and a
plurality of k.eys that interface with the camera unit, for use in photographing and reproducing an
image.
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Attorney Docket No.: 678-430 (P8851)

3. (Original) The portable composite communication terminal of claim 2, wherein the
keys related with the camera unit include a photography/play key, a mode key for selecting a
camera environment, a shutter key for capturing an object image, an enter key for setting a
camera environment selected by the mode key, and a camera on/off switch.
4. (O~ginal) The portable composite communication terminal of claim 3, wherein the
mode key, the shutter key, and the enter key are located on the frontal surface of the portable
composite communication terminal.
5. (Original) The portable composite communication terminal .of claim 3, wherein
modes selected by the mode key includes a delete function mode, a data function mode, a display
function mode, and a sensitivity function mode.
6. (Original) The portable composite communication terminal of claim 3, wherein the
photography/play key and the Camera on/off switch are provided on a Side of’the portable
composite communication terminal.
7. (Original) The portable composite communication terminal of claim 4, wherein the
mode lkey, the shutter key, and the enter key are exposed when a flip is folded in the portable
composite cdmmunication t~rminal.
8. (Original) The portable composite communication terminal of claim 1, wherein the
camera unit tias a lens at an upper portion of the rear surface of the pdrtable composite
commtinicati0n terminal.
9. (Original) The portable composite communication terminal of claim 1, wherein the
portable phone controller controls a battery power voltage to be supplied to tl’ii~ camera unit when
a userturns on the camera on/off switch.

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APLNDC-WH-A 0000014117

Attorney Docket No.: 678-430 (P8851)

"10. (Original) The portable composite communication terminal of claim 1, wherein the
portable phone controller controls an LCD power supply to the display unit when a user turns on
the camera on/off ~witch.
11. (Original) The portable composite communication terminal of claim 9, wherein the
portable phone controller controls an operational voltage supplied to the camera controller when
the terminal is in a portable phone mode by turning off the camera on/off switch.

12. (Cancelled)
¯ 13. (Original) The portable composite communication terminal of claim 1, wherein the
portable phone unit comprises a memory having an operation program, an application program, a
data function, and a user interface function, an Internet protocol inclusive of a protocol to
connect the portable composite communication terminal to a point to point.(PPP) protocol server
and a protocol needed over an Internet, a radio link protocol for establishing a radio link, and a
communication protocol.
14. (Original) The portable composite communication terminal of claim 13, wherein the
applic~’tion program includes the additional functions of a voice dialing, chai’acter recognition,
game ~nformation management, and game function, the data functioff includes a browsing, Email, and facsimile function, and the user interface function includes a graphics user interface.
15. (Original) The portable composite communication terminal of claim 1, wherein the
camera unit comprises means for converting the digitally captured image to a JPEG format,
compressing the formatted image data, storing the compressed image data in the camera memory,
and decompressing the stored compressed image data under a predetermined’read control.

16. (Currently Amended) A communication system for transmission ~in’d reception of
voice ~?nd images, comprising:
a portable composite communication terminal having a camera unit that digitally captures
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APLNDC-WH-A 0000014118

Attomey Docket No.: 678-430 (P8851)

an image of an object, constructs the image in a predetermined format, compresses the formatted
image, .and stores the compressed image in the camera memory under a predetermined camera
control, a portable phone unit that provides overall control to the portable composite
communication terminal and selectively performs voice communication and image transmission
and reception according to a selected transmission mode among predetermined modes, a display
that .displays external images produced by the camera unit images and characters produced by the
portable phone unit for an on screen display (OSD) under the control of the portable phone unit,
and an interface between the portable phone unit and the display that displays images and
characters on the display under the control of the portable phone unit, the interface comprising:
- an OSD controller that controls the simultaneous display of one-o-f a downloaded
background image and characters; and
a selector that selectively outputs an extemal image signal received from one of the
camera unit and an OSD image signal received from the OSD controller under the control of the
OSD controller;
¯ a mobile communication network for transmission and reception of voice and images to
and from the portable composite communichtion terminal; and
a ~erver connected to the mobile communication network, for providing transmission and
reception service of image data over the mobile communication network.
:17. (currently Amended) A method of operating a portable composite communication
terminal, having one controller, said portable composite communication tefi’ninal which
functi0nsas both a portable phone and a camera, comprising the steps of:
setting a portable phone mode by turning on the portable composite co~tmunication
terminal, regulating voltage supporting components of the portable phone mode, and performing
a general portable phone function;
setting a camera mode by turning on the camera during in said portable phone mode upon
user request for camera operation, said user request being input through a camera mode switch
and processed by the controller, regulating voltage supporting components’ of the camera mode,
and performing a camera function;

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APLNDC-WH-A 0000014119

Attomey Docket No.: 678-430 (P8851)

-.capturing the image of an object upon user request for a photograph in the camera mode~
while performing; portable phone mode operations; and
displaying a captured image stored in a camera memory of the portable composite
communication terminal on a display of the portable composite communication terminal upon
user request for displaying the image.
18. (Original) The method of claim 17, wherein a first voltage is supplied to a portable
phone unit of portable composite communication terminal when the portable phone mode is set.
19. (Previously Amended) The method of claim 17, wherein a second power voltage is
supplied to a camera unit of portable composite communication terminal when the camera mode
is set.
20. (Previously Amended) A data transmitting method for a portable Composite
communication terminal which functions as both a portable phone and a camera, comprising the
steps Qf:
entering a first E-mail transmission sub-mode upon user request for E-mail transmission
while operating in a portable phone mode, the first e-mail transmission sub-mode performing a
portable phone function;
entering a second E-mail transmission sub-mode upon user request for E-mail
transmission:while operating in a display sub-mode, the second e-mail transmissirn sub-mode
displaying an image most recently captured in a camera mode;
sequentially displaying other images stored in a memory through the use of scroll keys;
¯ transmitting the address of the other party and a message received throUgh a user interface
in the first E~mail transmission sub-mode; and
.. transmitting the address of the other party and the message received through the user
interface and the image displayed on the display as an E-mail in the second’E:-mail transmission
sub-mode.

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APLNDC-WH-A 0000014120

Attorney Docket No.: 678430 (P8851)

REMARKS
Claims 1-11 and 13-20 are pending in the application. The Examiner has rejected Claims
1-8, 13, 15 and 16 under 35 U.S.C. §103(a) as being unpatentable over Harris et al. (U.S. Patent
6,009,336) in view of Hull et al. "(U.S. Patent 5,806,005). The Examiner has rejected Claims 9-11
under 35 U.S.C. §103(a) as being unpatentable over Harris et al. in view of Hull et al., and
further in view of Oiwa (JP 06233295A). The Examiner has rejected Claim 14 under 35 U.S.C.
§103(a) as being unpatentable over Harris et al. in view of Hull et al., and further in view of
Gerszberg et al. (U.S. Patent 6,044,403). The Examiner has rejected Claims 17-19 under 35
U.S.C. § 103(a) as being unpatentable over Harris et al. in view of Oiwa. The Examiner has
rejected Claim 20 under 35 U.S.C. § 103(a) as being unpatentable over Harris et al. in view of
Hull et al. and Sugiyama e~ al. (U.S. Patent 5,696,315).
Regarding independent Claim 1, the claim has been amended to more clear.ly define the
OSD dontrollerin that the OSD controller controls the overlay display of characters and
background images, said background images received from the portable phone unit or previously
downloaded, at a specific position of a currently-displayed external images on the display in
synchronization with one of an external color sync signal received from the camera unit when the
background image is received from the portable phone unit or in synchronization with an internal
color gync signal when the background image is previously downloaded. The fiinendments are
based on the fact that neither Harris et al. nor Hull et al. teaches or discloses, alone or in
combination, that characters and background images, which are received by theportable phone or
previously downloaded, are displayed simultaneously and in an overlay manne~;. Based on at least
the foregoing amendment and remarks, withdrawal of the rejection of Claim 1 is respectfully
requested.

."

Regarding independent Claim 16, the claim has been amended to ft~rther clarify the
simultaneous display of the characters and the background image under control of the OSD
controller. The remarks outlined above with respect to Claim 1 also apply tO Claim 16. Based on
at least the foregoing amendment and remarks, withdrawal of the rejection of Claim 16 is
respectfully requested.

. ’"

Regarding independent Claim 17, the claim has been amended to rdcite that the camera
mode is performed during the portable phone mode. This simultaneous operation is neither
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APLNDC-WH-A 0000014121

Attorney Docl~et No.: 678-430 (P8851)

taught nor disclosed by the cited references. Based on at least the foregoing amendment and
remarks, withdrawal of the rejection of Claim 17 is respectfully requested.
Finally, regarding independent Claim 20, neither Harris et al, Hull et al. nor Sugiyama et
al., either alone or in combination, discloses a portable composite communication terminal
capable of operating in a first and a second E-mail transmission sub-mode. Each of the references
can only operate in one of the two modes, not both. Based on at least the foregoing argument,
withdrawal of the rejection of Claim 20 is warranted.
Independent Claims 1, 16, 17 and 20 are believed to be in condition for allowance.
Without conceding the patentability per se of dependent Claims 2-11, 13-15, 18 and 19, these are
likewise believed to be allowable by virtue of their dependence on their respective amended
independent claims. Accordingly, reconsideration and withdrawal of the rejections of dependent
Claims 2-1 l, 13-15, 18 and 19 is respectfully requested.
Accordingly, all of the claims pending in the Application, namely, Claims 1-11 and 1320, are’believed to be in condition for allowance. Should the Examiner believ6"that a telephone
conference o~: personal interview would facilitate resolution of any remaining matters, the
Examiner may contact Applicants’ attorney at the number given below.
~ectfully su6mil

Peter G. Dilworth .
Reg. No. 26,450
Attomey for Applicant
DILW~ )RTH & BARRESE
333 Earle Ovington Blvd.
Uniondale, New York 11553
Tel: ,[phone]
Fax: [phone]

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APLNDC-WH-A 0000014122