Mobile communication terminal provided with handsfree function and controlling method thereof

id="REI-00001" date="20140429"

CROSS-REFERENCE TO RELATED APPLICATIONS

id="REI-00001"

0001This application is a continuation reissue application of U.S. Reissue application Ser. No. 12/102,752, filed Apr. 14, 2008, now U.S. Pat. No. Re. 42,831, which is a reissue application of U.S. Pat. No. 7,177,670 B2, the entirety of which are all incorporated herein by reference. The U.S. Pat. No. 7,177,670 patent also claims the benefit of priority to Korean Application No. 10-2002-0064685, filed on Oct. 22, 2002, the entirety of which is incorporated herein by reference.

BACKGROUND OF THE INVENTION

00021. Field of the Invention

0003The present invention relates to a mobile communication terminal, and more particularly, to a mobile communication terminal provided with a hands-free function capable of originating a call or receiving a call by a user's voice command and a controlling method thereof.

00042. Description of the Related Art

0005Generally, a mobile communication terminal such as a cellular phone and a PCS phone is a communication device for transmitting and receiving a radio signal differently from a wire telephone. Recently, as the mobile communication terminal becomes small and light so as to be convenient for carrying, a user can originate a call or receive a call at any time.

0006However, recently, it is regulated to directly use the mobile communication terminal at the time of driving since it may cause an unexpected accident due to an attention lowering. That is, when the user receives a call at the time of driving, the user has to press a button of the mobile communication terminal or open a folder by using hands, and when the user originates a call, eyes of the user have to be towards the mobile communication terminal with hands thus to lower the user's attention.

0007By reflecting the direct use regulation for the mobile communication terminal, a hands-free function for calling in a predetermined space without directly holding the mobile communication terminal by hands or for charging a battery was developed.

0008A mounting unit of the hands-free is constructed to mount a microphone and a speakerphone to the mobile communication terminal, the microphone is mounted at a position near to the user, and the speakerphone is mounted at a position where the user can easily hear.

0009However, in case of additionally mounting the conventional hands-free, the microphone and the speakerphone have to be mounted and the hands-free has to be mounted by wire after changing an indoor structure, a garnish, and etc. in order to connect a battery power used in a vehicle and etc.

0010Also, in case of additionally mounting the conventional hands-free, the user has a cost burden for installing the hands-free.

SUMMARY OF THE INVENTION

0011Therefore, an object of the present invention is to provide a mobile communication terminal provided with a hands-free function capable of calling without a user's hands using at the time of originating a call or receiving a call while driving and a controlling method thereof.

0012To achieve these and other advantages and in accordance with the purpose of the present invention, as embodied and broadly described herein, there is provided a mobile communication terminal provided with a hands-free function comprising: a key inputting means for inputting an operational command of a mobile communication terminal; a microphone for inputting a user's voice message; a display unit for displaying an operational state of the mobile communication terminal; a speakerphone for outputting a calling party's voice outside in a hands-free mode; and a control means for setting a calling mode according to the user's voice message, searching the calling party's name or telephone number according to the user's voice message and thereby voice-guiding through the speakerphone, and switching a calling path through the speakerphone to an earphone at the time of setting a secret calling.

0013A controlling method of a mobile communication terminal provided with a hands-free function comprises the steps of: setting a hands-free function of a mobile communication terminal; certifying whether an originating calling command or a calling from outside are received; searching information of a calling party inputted by a user's voice or originating party's information from a mounted telephone directory; and voice guiding the calling party's information and connecting a calling.

0014A controlling method of a mobile communication terminal provided with a hands-free function comprises the steps of: setting a hands-free function of a mobile communication terminal; switching a calling path to a speakerphone and certifying whether a user's voice command for originating a calling exists; searching inputted calling party's information and voice-guiding when the user's voice command is inputted; and connecting a calling to the calling party's telephone number and outputting the calling party's voice to the speakerphone.

0015A controlling method of a mobile communication terminal provided with a hands-free function comprises the steps of: setting a hands-free function of a mobile communication terminal; switching a calling path to a speakerphone and certifying whether a calling from an arbitrary originating party is received; voice-guiding by obtaining the calling party's information and certifying whether a calling is allowable when the calling is received; and connecting a calling with the calling party and outputting the calling party's voice to the speakerphone when a user's voice command for a calling allowance is inputted.

0016The foregoing and other objects, features, aspects and advantages of the present invention will become more apparent from the following detailed description of the present invention when taken in conjunction with the accompanying drawings.

BRIEF DESCRIPTION OF THE DRAWINGS

0017The accompanying drawings, which are included to provide a further understanding of the invention and are incorporated in and constitute a part of this specification, illustrate embodiments of the invention and together with the description serve to explain the principles of the invention.

0018In the drawings:

0019<figref idref="DRAWINGS">FIG. 1</figref> is a block diagram of a mobile communication terminal according to an embodiment of the present invention;

0020<figref idref="DRAWINGS">FIG. 2</figref> is an exemplary view showing a mounting position of a speakerphone an embodiment of the present invention;

0021<figref idref="DRAWINGS">FIG. 3</figref> is a flow chart showing a secret call setting process according to an embodiment of the present invention;

0022<figref idref="DRAWINGS">FIG. 4</figref> is a flow chart showing a process for originating a call according to an embodiment of the present invention;

0023<figref idref="DRAWINGS">FIG. 5</figref> is a flow chart showing a voice guiding and a telephone number selecting process at the time of searching a plurality of calling parties in <figref idref="DRAWINGS">FIG. 4</figref>;

0024<figref idref="DRAWINGS">FIG. 6</figref> is a flow chart showing a voice guiding and a telephone number selecting process at the time of searching a plurality of telephone numbers in <figref idref="DRAWINGS">FIG. 4</figref>;

0025<figref idref="DRAWINGS">FIG. 7</figref> is a flow chart showing a process for receiving a call according to an embodiment of the present invention;

0026<figref idref="DRAWINGS">FIG. 8</figref> is a flow chart showing call allowing and refusing processes of <figref idref="DRAWINGS">FIG. 7</figref>; and

0027<figref idref="DRAWINGS">FIG. 9</figref> is a flow chart showing a call finishing process according to an embodiment of the present invention.

DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENTS

0028Reference will now be made in detail to the preferred embodiments of the present invention, examples of which are illustrated in the accompanying drawings.

0029Hereinafter, a mobile communication terminal provided with a hands-free function and a controlling method thereof according to the present invention will be explained.

0030<figref idref="DRAWINGS">FIG. 1</figref> is a block diagram of a mobile communication terminal provided with a hands-free function according to an embodiment of the present invention.

0031As shown, the mobile communication terminal comprises a key inputting unit <b>110</b> for inputting a telephone number, a hands-free function setting, and a calling command; a microphone <b>140</b> for inputting a user's voice; a display unit <b>130</b> for displaying a menu screen, a calling situation, and etc.; a speaker <b>150</b> for outputting a calling party's voice; a speakerphone <b>160</b> for outputting a calling party's voice in a hands-free mode; and a micro computer <b>120</b> for controlling an operation of the mobile communication terminal according to a user's voice inputted to the microphone <b>140</b> in controlling an operation for a calling.

0032The micro computer <b>120</b> is provided with a wireless communication module, a video processing module, a display driving module, an audio processing module, and a calling path switching module for switching a calling path between the speaker <b>150</b> and the speakerphone <b>160</b> or switching a calling path between the speakerphone <b>160</b> and an earphone (not shown).

0033The micro computer <b>120</b> comprises a voice-guiding function for obtaining a calling party's information CID, thereby searching whether the information is registered in a telephone directory mounted in the mobile communication terminal, and guiding the search result by voice when a calling from an arbitrary originating party is received; a voice-dialing function for recognizing calling party's information inputted by the user's voice, thereby searching from the telephone directory, and guiding the search result by voice; a voice command function for recognizing a calling command such as a calling connection, a calling finishing, and etc. by a voice command; and a secret calling function for switching a calling path set as a speakerphone as an earphone according to the user' setting.

0034<figref idref="DRAWINGS">FIG. 2</figref> is an exemplary view showing a mounting position of a speakerphone an embodiment of the present invention, in which the speakerphone <b>160</b> is mounted at an upper side of a back side of the mobile communication terminal. At this time, the speakerphone has to be provided with an enough volume replaying capacity for a driver to hear a calling party's replaying voice while driving even if the mobile communication terminal is positioned at any position in a vehicle.

0035Operation of the mobile communication terminal provided with a hands-free function according to the present invention will be explained with reference to <figref idref="DRAWINGS">FIGS. 3 to 9</figref> in more detail.

0036In the mobile communication terminal, the user directly inputs a calling party's telephone number by using the key inputting unit <b>110</b> and then presses a calling key to call with the calling party, and when a calling is received from the calling party, the user presses the calling key to call with the calling party. At this time, the user hears the calling party's voice through the speaker <b>150</b> and inputs voice through the microphone <b>140</b>.

0037<figref idref="DRAWINGS">FIG. 3</figref> is a flow chart showing a secret call setting process according to an embodiment of the present invention.

0038The user sets a hands-free function at a menu screen by using the key inputting unit <b>110</b> before driving or by pressing an arbitrary key such as a preset side key (S<b>301</b>). At this time, the micro computer <b>120</b> powers-on the speakerphone <b>160</b>, a NUM key, a voice recognition/voice guiding function, and a voice command function, then sets volume of the speakerphone <b>160</b> and volume of a ring tone as a proper level in the vehicle, and greatly modifies a letter font size of the display unit.

0039Then, a secret calling function is set into the mobile communication terminal in which the hands-free function has been set (S<b>302</b>). The secret calling function is set by pressing an arbitrary key such as a side key installed outside the mobile communication terminal at an arbitrary time point according to the user's necessity after setting the hands-free function. When the secret calling function is set, a calling path set as the speakerphone <b>160</b> is switched into a calling path using an earphone (S<b>304</b>).

0040The secret calling function can be set or released not only through a specific key inputting but also the user's voice command. Also, the hands-free function and the secret calling function can be set not only sequentially but also can be set independently, respectively.

0041<figref idref="DRAWINGS">FIGS. 4 to 9</figref> are flow charts showing a process for connecting a calling by voice in a state that the hands-free function has been set according to the present invention, in which <figref idref="DRAWINGS">FIG. 4</figref> is a flow chart showing a process for originating a call according to an embodiment of the present invention, <figref idref="DRAWINGS">FIG. 5</figref> is a flow chart showing a voice guiding and a telephone number selecting process at the time of searching a plurality of calling parties in <figref idref="DRAWINGS">FIG. 4</figref>, <figref idref="DRAWINGS">FIG. 6</figref> is a flow chart showing a voice guiding and a telephone number selecting process at the time of searching a plurality of telephone numbers in <figref idref="DRAWINGS">FIG. 4</figref>, <figref idref="DRAWINGS">FIG. 7</figref> is a flow chart showing a process for receiving a call according to an embodiment of the present invention, <figref idref="DRAWINGS">FIG. 8</figref> is a flow chart showing call allowing and refusing processes of <figref idref="DRAWINGS">FIG. 7</figref>, and <figref idref="DRAWINGS">FIG. 9</figref> is a flow chart showing a call finishing process according to an embodiment of the present invention.

0042First, when the hands-free function has been set to the mobile communication terminal (S<b>401</b>), the micro computer <b>120</b> checks whether voice relevant to a calling trial has been inputted through an output signal of the microphone <b>140</b> (S<b>402</b>).

0043When the voice relevant to a calling trial has been inputted to the microphone <b>140</b>, the micro computer <b>120</b> outputs a voice guiding through the speakerphone <b>160</b>. That is, if the user inputs voice of a calling connection, a calling trial, a calling, and etc., the micro computer <b>120</b> outputs a voice guiding such as ‘please leave your name after the beep’.

0044When the user of the mobile communication terminal inputs a calling party's name through the microphone <b>140</b> (S<b>403</b>), the micro computer <b>140</b> searches a mounted telephone directory (S<b>404</b>) thus to certify whether the calling party's name inputted by the user's voice exists (S<b>405</b>). At this time, the micro computer <b>140</b> displays the calling party's name inputted by the user's voice at the display unit <b>130</b> and thereby the user can certify the calling party's name has been precisely recognized.

0045When the calling party's name has been certified from the telephone directory, the micro computer <b>120</b> outputs a corresponding name to the speakerphone <b>160</b> thus to guide to the user by voice (S<b>406</b>) and the user checks whether the certified name is consistent with the calling party (S<b>407</b>).

0046If the searched calling party is not the calling party inputted by the user, the user inputs voice such as ‘He is not a corresponding calling party.’ to the microphone <b>140</b> and the micro computer <b>120</b> returns the mobile communication terminal to the process for inputting a calling party's name (S<b>403</b>).

0047If the searched calling party is a desired calling party, the user inputs a voice message for admitting the search result such as ‘OK’, ‘He is a calling party.’, ‘He is a right calling party.’, and etc. to the microphone <b>140</b>.

0048In case that the searched calling party's registration telephone number is one, the micro computer <b>120</b> originates a calling with a corresponding telephone number thus to perform a calling connection (S<b>410</b>). However, in case that registered telephone numbers are more than two, the micro computer <b>120</b> sequentially guides the telephone numbers by voice through the speakerphone <b>160</b> (S<b>409</b>), and when the user selects a desired telephone number, the micro computer <b>120</b> originates a calling with the selected telephone number thus to perform a calling connection (S<b>410</b>).

0049A case that the searched telephone numbers are plural will be explained in more detail with reference to <figref idref="DRAWINGS">FIG. 6</figref>.

0050If telephone numbers registered for the calling party are plural (S<b>601</b>), the micro computer <b>120</b> outputs a voice message such as ‘Plural telephone numbers are searched.’ to the speakerphone <b>160</b>, and outputs a voice message such as ‘Where do you want to call among home, office, or cellular phone?’ to the speakerphone <b>160</b> (S<b>602</b>).

0051When the user selects one to which a calling will be connected and inputs by voice to the microphone <b>140</b>, the micro computer <b>120</b> guides a corresponding telephone number by voice (S<b>603</b>) and then tries a calling connection (S<b>604</b>). Herein, even if the plural telephone numbers were aforementioned by being divided into home, office, and cellular phone, more telephone numbers can be registered if necessary.

0052When the calling party has not been searched from the mounted telephone directory, the micro computer <b>120</b> outputs a voice message such as ‘No corresponding calling party's name’ to the speakerphone <b>160</b> (S<b>411</b>), and outputs a voice message such as ‘Would you input the calling party's telephone number by voice?’ to the speakerphone <b>160</b> (S<b>412</b>).

0053Then, the user inputs a certification message such as ‘Yes’ or ‘OK’ that he will input the calling party's telephone number by voice to the microphone <b>140</b> and then inputs the calling party's telephone number by voice (S<b>413</b>), the micro computer <b>120</b> originates a calling to the telephone number thus to perform a calling connection (S<b>410</b>).

0054However, when the user inputs a voice message for finishing a calling trial such as ‘Calling finish’, ‘Calling refusal’, or ‘NO’ to the microphone <b>140</b> for a voice message such as ‘Would you input the calling party's telephone number by voice?’ or presses an arbitrary key such as a side key or a finishing key (S<b>414</b>), the micro computer <b>140</b> outputs a voice message such as ‘A calling trial has been finished.’ to the speakerphone <b>160</b> and then finishes the calling trial process (S<b>415</b>). At this time, the user does not input a calling finish command within a certain time, the micro computer <b>120</b> returns to a calling waiting state for receiving the calling party's name.

0055A case that several same calling party's names are searched during the process (S<b>404</b>) for searching the calling party's name inputted by the user will be explained in more detail with reference to <figref idref="DRAWINGS">FIG. 5</figref>.

0056When the same calling party's names more than two as the calling party inputted by the user's voice are searched (S<b>501</b>, S<b>502</b>), the micro computer <b>120</b> outputs a voice message such as ‘The same plural calling parties have been searched.’ to the speakerphone <b>160</b> (S<b>503</b>), and guides telephone numbers of the searched respective calling parties to the user by voice (S<b>504</b>).

0057If the user certifies whether the guided telephone number is the calling party's telephone number (S<b>505</b>) and then inputs a voice message such as ‘NO’, ‘Calling refusal’, and ‘He is not a corresponding calling party.’ to the microphone <b>140</b>, the micro computer <b>120</b> guides a next calling party's telephone number by voice (S<b>504</b>), and if the user inputs a voice message for allowing the search result such as ‘OK’, or ‘He is the calling party.’ to the microphone <b>140</b>, the micro computer <b>120</b> originates a calling to the corresponding telephone number thus to perform a calling connection (S<b>506</b>).

0058In case that plural calling parties having the same name as the calling party are searched, the searched calling parties' telephone numbers were sequentially guided by voice in the above process. However, identification names such as home, a company address, and a company name for identifying each calling party can be inputted by the user's voice just at the time of searching the plural calling parties, thereby certifying the calling party right now and performing a calling connection to the telephone number.

0059When a calling is connected by said process, the user hears the calling party's voice through the speakerphone <b>160</b>, then inputs a calling voice to the microphone <b>140</b> thus to perform a calling with his desired calling party, and finishes a calling.

0060As shown in <figref idref="DRAWINGS">FIG. 9</figref>, when a calling finishing signal is received from the calling party (S<b>901</b>) or when the user presses a side key or a finishing key preset to recognize a calling finishing if the user presses during a calling (S<b>902</b>), the micro computer <b>120</b> judges that a calling finishing has been requested from the user (S<b>903</b>) thus to finish a calling and to return to a calling waiting state.

0061<figref idref="DRAWINGS">FIGS. 7 and 8</figref> are flow charts showing a process for receiving a calling in a state that the hands-free function has been set according to the present invention, in which <figref idref="DRAWINGS">FIG. 7</figref> is a flow chart showing a process for receiving a call according to an embodiment of the present invention and <figref idref="DRAWINGS">FIG. 8</figref> is a flow chart showing call allowing and refusing processes of <figref idref="DRAWINGS">FIG. 7</figref>.

0062When the hands-free function of the mobile communication terminal has been set (S<b>701</b>), the micro computer <b>120</b> checks whether a calling request message is received from an arbitrary originating party (S<b>702</b>).

0063When the calling request message has been received, the micro computer <b>120</b> temporarily stores an originating party's call identifier (CID) and a telephone number and searches a mounted telephone directory (S<b>703</b>) thus to certify whether a telephone number consistent with the telephone number exists (S<b>704</b>). At this time, it can be constructed for the micro computer <b>120</b> to guide the calling request message reception to the user by voice and then search the telephone directory.

0064If the calling party's telephone number exists in the mounted telephone directory (S<b>704</b>), the micro computer guides a calling party's name corresponding to the telephone number by voice by using a text to speech function (S<b>705</b>). At this time, it can be constructed for the micro computer <b>120</b> to display searched names at the display unit <b>130</b> so that the user can precisely recognize the originating party's name.

0065In case that the micro computer has not searched the originating party's telephone number from the mounted telephone number directory, a received telephone number is voice-guided through the speakerphone <b>160</b> (S<b>706</b>).

0066After guiding the originating party's name or telephone number by voice, the micro computer <b>120</b> outputs a voice message such as ‘Would you call?’ to the speaker <b>160</b> and certifies the user's voice received through the microphone <b>140</b> thus to determine a calling allowance with the originating party or not. (S<b>707</b>). That is, when the user inputs voice for a calling allowance such as ‘OK’, ‘Calling allowance’, or ‘Calling connection’ to the microphone <b>140</b>, the microphone <b>120</b> outputs the calling party's voice to the speakerphone <b>160</b> and transmits the user's voice inputted to the microphone <b>140</b> to the calling party by a wireless communication, thereby performing a calling between the user and the calling party (S<b>709</b>).

0067When the calling between the user and the calling party has been finished (S<b>709</b>), the micro computer <b>120</b> switches the mobile communication terminal into a calling waiting state for sensing a calling request message and outputs a voice message that the calling has been finished to the speakerphone <b>160</b> (S<b>710</b>). Said calling finishing process is performed as the same process as a process shown in <figref idref="DRAWINGS">FIG. 9</figref>, thereby omitting its detail explanations.

0068If the user inputs a voice message such as ‘NO’, ‘Calling refusal’, or ‘Calling finish’ to the microphone <b>140</b> when the calling party's name or telephone number are guided by voice, the micro computer <b>120</b> transmits a response message for an impossible calling to the originating party through a base station or a wireless switching center and returns to a calling waiting state (S<b>711</b>). At this time, the user can select a calling refusal by pressing an arbitrary key such as a side key or a finishing key instead of a voice input, and the micro computer <b>120</b> informs the user that the calling has been refused by flickering a mute lamp or by using a voice message.

0069The process for a calling allowance or a calling finish S<b>707</b> of <figref idref="DRAWINGS">FIG. 7</figref> will be explained with reference to <figref idref="DRAWINGS">FIG. 8</figref>.

0070When an originating party's name or a telephone number of an originating calling are guided by voice (S<b>705</b>, S<b>706</b>), if the user inputs a voice message for a calling allowance to the microphone <b>140</b> (S<b>801</b>) or inputs a preset arbitrary key such as a calling key (S<b>802</b>), the micro computer <b>120</b> judges as a calling allowance (S<b>803</b>). However, if the user inputs a voice message relevant to a calling finish to the microphone <b>140</b> (S<b>804</b>) or inputs a preset arbitrary key such as a finishing key (S<b>805</b>), the micro computer <b>120</b> judges as a calling refusal (S<b>806</b>).

0071A calling connection process in a secret calling according to the present invention will be explained as follows. Herein, the secret calling is performed by processes shown in <figref idref="DRAWINGS">FIGS. 4 to 7</figref> for convenience while driving, and when there is a car occupant next the user, the user can hear the calling party's voice only by an earphone.

0072First of all, at the time of calling with an arbitrary originating party in the secret calling setting state, the user inputs a telephone number by using a key pad provided at the key inputting unit <b>110</b>, then presses a calling key thus to connect a calling, and inputs voice to a microphone provided at an earphone while hearing the calling party's voice by the earphone under a state that calling has been connected.

0073When the secret calling is not necessary even if there is a car occupant, as shown in <figref idref="DRAWINGS">FIG. 3</figref>, the user inputs a calling party's name or telephone name to the microphone <b>140</b> by voice and the micro computer <b>120</b> searches a mounted telephone directory thus to guide the search result by voice. When the user inputs a calling allowance for the searched result to the microphone <b>140</b> by voice, the micro computer <b>120</b> connects a calling with the calling party by a wireless communication. At this time, the user can switch a calling path in order to hear the calling party's voice by the speakerphone <b>160</b> or the earphone.

0074Also, when a calling from an arbitrary originating party is generated under a state that the secret calling has been set, as shown in <figref idref="DRAWINGS">FIG. 7</figref>, the micro computer <b>120</b> temporarily stores the calling party's call identifier (CID) and telephone number, then informs the user that there is a calling reception through the speakerphone <b>160</b>, and searches a mounted telephone directory thus to certify whether the corresponding telephone number exists. Then, the micro computer <b>120</b> guides the calling party's name or telephone number to the user through an earphone. When the user inputs voice for a calling allowance to a mike provided at the earphone or presses an arbitrary key such as a calling key or a side key, the micro computer <b>120</b> judges as a calling allowance state thus to output the calling party's voice to the user through the earphone and transmits the user's voice inputted to the microphone to the calling party.

0075If it doesn't matter for a car occupant to hear calling contents or the car occupant need not a calling when a calling from an arbitrary originating party is generated, the user releases the set secret calling by pressing an arbitrary key. Then, the micro computer <b>12</b> switches a calling path from the earphone to the speakerphone <b>160</b> and inputs the user's voice to the microphone <b>140</b>. That is, even if the secret calling has been set, if the user releases the secret calling setting by pressing an arbitrary key such as a side key, the micro computer <b>120</b> outputs the calling party's voice to the speakerphone <b>160</b> and recognizes voice through the microphone <b>140</b> or a mike provided at the earphone, thereby enabling for not only the user but also the car occupant to call with the calling party.

0076As aforementioned, in the mobile communication terminal provided with a hands-free function and the controlling method thereof according to the present invention, the user can connect a calling with a calling party by voice or can allow a calling by voice for a calling from an arbitrary originating party. Accordingly, a risk factor that the user has to press an arbitrary key or certify a display unit while driving can be removed and an operation relevant to a calling can be controlled by voice, thereby enhancing the user's convenience.

0077Also, in the mobile communication terminal provided with a hands-free function and the controlling method thereof according to the present invention, a secret calling can be set according to the user's need thereby to prevent an invasion of privacy.

0078As the present invention may be embodied in several forms without departing from the spirit or essential characteristics thereof, it should also be understood that the above-described embodiments are not limited by any of the details of the foregoing description, unless otherwise specified, but rather should be construed broadly within its spirit and scope as defined in the appended claims, and therefore all changes and modifications that fall within the metes and bounds of the claims, or equivalence of such metes and bounds are therefore intended to be embraced by the appended claims.