y,//d ϮϭϬϴ
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`IPR2017-00317
`CONDITIONAL MOTION TO AMEND
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`VALENCELL, INC.
`EXHIBIT 2108 - PAGE 1
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`

`

`Attorney Dock at No. 9553—?
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`LIGHT-GUIDING DEVICES AND
`
`MONITORING DEVICES INCORPORATING SAME
`
`RELATED APPLICATIONS
`
`This application claims the benefit of and priority to U.S.
`
`Provisional Patent Application No. 611208567 filed 0325:2009, US. Provisional
`
`Patent Application No. 61f208,574 filed 02f25f2009, US. Provisional Patent
`
`Application No. 61i‘212,444 filed 411 312009, and U.S. Provisional Patent
`
`Application No. 61f274.191 filed 8H4f2009, the disclosures of which are
`
`incorporated herein by reference as if set forth in their entireties.
`
`FIELD OF THE INVENTION
`
`The present invention relates generally to headsets and, more
`
`particularly, to headset earbuds.
`
`BACKGROUND OF THE INVENTION
`
`There is growing market demand for personal health and
`
`environmental monitors, for example, for gauging overall health and metabolism
`
`during exercise, athletic training, dieting, daily life activities, sickness, and
`
`physical therapy. However, traditional health monitors and environmental
`
`monitors may be bulky, rigid, and uncomfortable — generally not suitable for use
`
`during daily physical activity. There is also growing interest in generating and
`
`comparing health and environmental exposure statistics of the general public
`
`and particular demographic groups. For example, collective statistics may enable
`
`the healthcare industry and medical community to direct healthcare resources to
`
`where they are most highly valued. However, methods of collecting these
`
`statistics may be expensive and laborious, often utilizing human-based
`
`recordingi‘analysis steps at multiple sites.
`
`As such. improved ways of collecting, storing and analyzing
`
`1
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`IPR2017-00317
`IPR2017-00317
`CONDITIONAL MOTION TO AMEND
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`VALENCELL, INC.
`VALENCELL, INC.
`EXHIBIT 2108 — PAGE 2
`EXHIBIT 2108 - PAGE 2
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`

`

`Artemey Docket No. 9553-7
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`physiological information are needed. In addition, improved ways of seamlessly
`
`extracting physiological information from a person during everyday life activities,
`
`especially during high activity levels. may be important for enhancing fitness
`
`training and healthcare quality, promoting and facilitating prevention, and
`
`reducing healthcare costs.
`
`SUMMARY
`
`It should be appreciated that this Summary is provided to introduce
`
`a selection of concepts in a simplified form. the concepts being further described
`
`below in the Detailed Description. This Summary is not intended to identify key
`
`features or essential features of this disclosure, nor is it intended to limit the
`
`scope of the invention.
`
`According to some embodiments of the present invention, a
`
`headset configured to be attached to the ear of a person includes a base, an
`
`earbud housing extending outwardly from the base that is configured to be
`
`positioned within an ear of a subject, and a cover surrounding the earbud
`
`housing. The base includes a speaker, an optical emitter, and an optical
`
`detector. The cover includes light transmissive material that is in optical
`
`communication with the optical emitter and the optical detector and serves as a
`
`light guide to deliver light from the optical emitter into the ear canal of the subject
`
`wearing the headset at one or more predetermined locations and to collect light
`
`external to the earbud housing and deliver the collected light to the optical
`
`detector. The optical emitter, via the light—guiding cover, directs optical energy
`
`towards a particular region of ear and the optical detector detects secondary
`
`optical energy emanating from the ear region. In some embodiments, the optical
`
`detector may include an optical filter configured to pass secondary optical energy
`
`at selective wavelengths. In some embodiments, the light transmissive material
`
`of the cover may be configured, for example 'via the use of cladding andfor light
`
`reflective material, such that the cover serves as a light guide that is coupled in
`
`parallel to the optical emitter and detector. In some embodiments, the light
`
`transmissive material of the cover may be configured, for example via the use of
`
`cladding andior light reflective material, such that the cover serves as a light
`
`guide that is coupled perpendicular to the optical emitter and detector.
`
`In some embodiments, the headset may include various electronic
`2
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`IPR2017-00317
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`VALENCELL, INC.
`VALENCELL, INC.
`EXHIBIT 2108 — PAGE 3
`EXHIBIT 2108 - PAGE 3
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`

`

`Attorney Docket No. 9553—?
`
`components secured to the base. For example, the headset may include one or
`
`more environmental sensors configured to detect andi’or measure environmental
`
`conditions in a vicinity of the headset. The headset may include a signal
`
`processor configured to receive and process signals produced by the optical
`
`detector. For example, in some embodiments. a signal processor may be
`
`configured to extract secondary optical energy and remove optical noise or
`
`environmental noise. The headset may include a signal processor configured to
`
`receive and process signals produced by the one or more environmental
`
`sensors. In addition. the headset may include a transmitter configured to transmit
`
`signals processed by the signal processor to a remote device in real time.
`
`Headsets according to embodiments of the present invention may utilize, for
`
`example, Bluetooth®, Wi-Fi, ZigBee, or other wireless transmitters.
`
`ln some embodiments, a housing is secured to and overlies the
`
`base so as to enclose and protect the speaker, optical emitter and optical
`
`detector, as well as other electronic components secured to the base (e.g.,
`
`sensors, processor, transmitter etc).
`
`The earbud housing is in acoustical communication with the
`
`speaker and has at least one aperture through which sound from the speaker
`
`can pass. The light-guiding cover surrounding the earbud housing also includes
`
`at least one aperture through which sound from the speaker can pass. The cover
`
`may be formed from a soft, resilient material, such as silicone which deforms
`
`when inserted within an ear canal of a subject. In some embodiments, the cover
`
`includes an alignment member that facilitates alignment of the earbud housing
`
`within an ear canal of a subject.
`
`Light directed into the ear of a subject from a light emitter and the
`
`subsequent collection of light at a light detector, according to embodiments of
`
`the present invention, may be utilized for detecting andior measuring, among
`
`other things. body temperature, skin temperature, blood gas levels, muscle
`
`tension, heart rate, blood flow, cardiopulmonary functions, etc.
`
`In some embodiments of the present invention, the light-guiding
`
`cover may include a lens that is in optical communication with the optical emitter
`
`andfor optical detector. The lens may be configured to focus light emitted by the
`
`Optical emitter andfor to focus collected light toward the optical detector. In some
`
`embodiments, multiple lenses may be incorporated into a light-guiding cover.
`3
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`IPR2017-00317
`IPR2017-00317
`CONDITIONAL MOTION TO AMEND
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`VALENCELL, INC.
`VALENCELL, INC.
`EXHIBIT 2108 — PAGE 4
`EXHIBIT 2108 - PAGE 4
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`

`

`Attorney Docket ND. 9653—?
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`In some embodiments, the light-guiding cover may include a light
`
`diffusion region in optical communication with the light transmissive material that
`
`diffuses light emitted by the optical detector.
`
`In some embodiments, the light-guiding cover may include a
`
`luminescence-generating region. such as a phosphor-containing region. that is in
`
`optical communication with the light transmissive material. The luminescence-
`
`generating region may be embedded within the light-guiding cover andior on a
`
`surface of the light-guiding cover. The luminescence-generating region is
`
`configured to receive light emitted by the optical emitter and convert at least a
`
`portion of the received light to light having a different wavelength fr0m that of the
`
`received light.
`
`in some embodiments, the light-guiding cover includes one or more
`
`grooves formed therein. Each groove is configured to direct external light to the
`
`Optical detector.
`
`In some embodiments, the light transmissive material of the light-
`
`guiding cover is configured to direct light from the optical emitter to a plurality of
`
`locations at an outer surface of the cover for delivery into an ear canal of a
`
`subject.
`
`In some embodiments, the light transmissive material of the light-
`
`guiding cover is a translucent material or includes translucent material in
`
`selected iocations.
`
`In some embodiments, a light reflective material is on at least a
`
`portion of one or both of the inner and outer surfaces of the light-guiding cover.
`
`According to some embodiments of the present invention, a light-
`
`guiding earbud for a headset includes light transmissive material that is in optical
`
`communication with an optical emitter and opticai detector associated with the
`
`headset. The light transmissive material is configured to deliver light from the
`
`optical emitter into the ear canal of a subject at one or more predetermined
`
`locations and to collect light external to the earbud housing and deliver the
`
`collected light to the optical detector. In some embodiments, the light emitter and
`
`light detector may be integral with the earbud. For example, in some
`
`embodiments. a flexible optical emitter is incorporated within the earbud and is in
`
`optical communication with the light transmissive materiai.
`
`In some embodiments, an earbud includes at least one lens in
`4
`
`IPR2017-00317
`IPR2017-00317
`CONDITIONAL MOTION TO AMEND
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`
`VALENCELL, INC.
`VALENCELL, INC.
`EXHIBIT 2108 — PAGE 5
`EXHIBIT 2108 - PAGE 5
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`

`

`

`

`Attorney Docket No. 9653‘?
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`information and motion-related information. The processing method may include
`
`signal processing techniques such as ore-adaptive signal conditioning. adaptive
`
`filtering, and parameter extraction.
`
`In some embodiments, an earbud includes one or more sensor
`
`modules that includes one or more sensors for sensing physiological information
`
`and environmental information. such as noise, for example. As such, the earbud
`
`may function as a physiological monitor as well as an environmental monitor. In
`
`some embodiments, the earbud may include a microprocessor that is in
`
`electrical communication with the sensor module(s). For example, a
`
`microprocessor incorporated into an earbud may be configured to execute an
`
`adaptive filter algorithm to remove noise from at least one signal generated by a
`
`sensor module in the earbud. A microprocessor may also be configured to
`
`process information from the one or more sensors to generate a digital output
`
`string, wherein the digital output string includes a plurality of physiological and
`
`motion-related information.
`
`Physiological sensors that may be incorporated into headsets
`
`andlor earbuds, according to some embodiments of the present invention, may
`
`be configured to detect andior measure one or more of the following types of
`
`physiological information: heart rate, pulse rate, breathing rate, blood flow, V02,
`
`VOgmax, heartbeat signatures, cardio-pulmonary health, organ health,
`
`metabolism, electrolyte type andlor concentration, physical activity, caloric
`
`intake. caloric metabolism, blood metabolite levels or ratios, blood pH level,
`
`physical andi’or psychological stress levels andlor stress level indicators. drug
`
`dosage andior dosimetry, physiological drug reactions, drug chemistry,
`
`biochemistry, position andi‘or balance, body strain, neurological functioning, brain
`
`activity, brain waves, blood pressure, cranial pressure, hydration level,
`
`auscultatory information, auscultatory signals associated with pregnancy,
`
`physiological response to infection, skin andlor core body temperature, eye
`
`muscle movement, blood volume, inhaled andi’or exhaled breath volume,
`
`physical exertion, exhaled breath physical andlor chemical composition, the
`
`presence andlor identity and/or concentration of viruses andior bacteria, foreign
`
`matter in the body, internal toxins, heavy metals in the body, anxiety, fertility,
`
`ovulation, sex hormones, psychological mood, sleep patterns, hunger andior
`
`thirst, hormone type andior concentration, cholesterol, lipids, blood panel, bone
`6
`
`IPR2017-00317
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`CONDITIONAL MOTION TO AMEND
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`VALENCELL, INC.
`VALENCELL, INC.
`EXHIBIT 2108 — PAGE 7
`EXHIBIT 2108 - PAGE 7
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`

`

`Attorney Docket No. 9553‘?
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`density, organ andfor body weight, reflex response, sexual arousal. mental
`
`andtor physical alertness, sleepiness. auscultatory information, response to
`
`external stimuli, swallowing volume, swallowing rate, sickness, voice
`
`characteristics, voice tone. voice pitch, voice volume, vital signs, head tilt,
`
`allergic reactions, inflammation response, auto—immune response, mutagenic
`
`response, DNA, proteins. protein levels in the blood, water content of the blood,
`
`pheromones, internal body sounds, digestive system functioning, cellular
`
`regeneration response, healing response, stem cell regeneration response, etc.
`
`Environmental sensors that may be incorporated into headsets
`
`andi’or earbuds, according to some embodiments of the present invention, may
`
`be configured to detect andi’or measure one or more of the following types of
`
`environmental information: climate, humidity, temperature, pressure, barometric
`
`pressure, soot density, airborne particle density, airborne particle size, airborne
`
`particle shape, airborne particle identity, volatile organic chemicals (VOCs),
`
`hydrocarbons, polycyclic aromatic hydrocarbons (PAHs), carcinogens, toxins,
`
`electromagnetic energy, optical radiation, X-rays, gamma rays, microwave
`
`radiation, terahertz radiation, ultraviolet radiation, infrared radiation, radio waves.
`
`atomic energy alpha particles, atomic energy beta-particles, gravity, light
`
`intensity, light frequency, light flicker, light phase, ozone, carbon monoxide,
`
`carbon dioxide, nitrous oxide. sulfides, airborne pollution. foreign material in the
`
`air, viruses, bacteria, signatures from chemical weapons, wind, air turbulence,
`
`sound andtor acoustical energy, ultrasonic energy, noise pollution, human
`
`voices, animal sounds, diseases expelled from others, exhaled breath and/or
`
`breath constituents of others, toxins from others, pheromones from others,
`
`industrial andfor transportation sounds, allergens, animal hair, pollen, exhaust
`
`from engines, vapors and/or fumes, fuel, signatures for mineral deposits and/or
`
`oil deposits, snow, rain, thermal energy, hot surfaces, hot gases, solar energy,
`
`hail, ice, vibrations, traffic, the number of people in a vicinity of the person,
`
`coughing andfor sneezing sounds from people in the vicinity of the person,
`
`loudness andfor pitch from those speaking in the vicinity of the person.
`
`According to some embodiments of the present invention. earbuds
`
`for headsets may include a chipset having at least one sensor element. noise
`
`source element, signal processor, inputloutput line, digital control, and power
`
`regulator.
`
`IPR2017-00317
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`CONDITIONAL MOTION TO AMEND
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`VALENCELL, INC.
`VALENCELL, INC.
`EXHIBIT 2108 — PAGE 8
`EXHIBIT 2108 - PAGE 8
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`

`

`Attorney Docket No 9553—7
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`Light-guiding earbuds according to the various embodiments of the
`
`present invention may be utiiized with mono headsets (i.e.. headsets having one
`
`earbud) as well as stereo headsets (i.e., headsets having two earbuds).
`
`Additionally, the light-guiding region of earbuds, according to embodiments of
`
`the present invention, may be integrated not only into an earbud cover and
`
`earbud housing, but also into each or all components of an earbud. Moreover,
`
`light—guiding earbuds according to the various embodiments of the present
`
`invention may be utilized with hearing aids. body jewelry, or any other
`
`attachment that can be placed near the head region, such as eye glasses or
`
`shades, a headband, a cap, helmet, visor, or the like.
`
`According to some embodiments of the present invention, a
`
`monitoring device includes a circular band capable of encircling a finger of a
`
`subject, and a base having an optical emitter and an optical detector attached to
`
`the circular band. The circular band includes light transmissive material in optical
`
`communication with the optical emitter and optical detector that is configured to
`
`deliver light from the optical emitter to one or more portions of the finger of the
`
`subject and to collect light from one or more portions of the finger of the subject
`
`and deliver the collected light to the optical detector. In some embodiments, the
`
`circular band includes first and second concentric body portions.
`
`In some embodiments, the circular band includes a lens region in
`
`optical communication with the optical emitter that focuses light emitted by the
`
`optical emitter andfor that collects light reflected from a finger. In some
`
`embodiments the circular band includes a phosphoncontaining region in optical
`
`communication with the light transmissive material, wherein the phosphor-
`
`containing region receives light emitted by the optical emitter and converts at
`
`least a portion of the received light to light having a different wavelength from the
`
`received light.
`
`In some embodiments, the light transmissive material of the
`
`circular band has an outer surface and an inner surface, and a cladding material.
`
`such as light reflective material, is on (or near) at least a portion of one or both of
`
`the inner and outer surfaces.
`
`In some embodiments, the base includes one or more of the
`
`following: a signal processor configured to receive and process signals produced
`
`by the optical detector, a transmitter configured to transmit signals processed by
`8
`
`IPR2017-00317
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`CONDITIONAL MOTION TO AMEND
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`VALENCELL, INC.
`VALENCELL, INC.
`EXHIBIT 2108 — PAGE 9
`EXHIBIT 2108 - PAGE 9
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`

`

`Attorney Docket No. 9653—?
`
`the signal processor to a remote device.
`
`According to some embodiments of the present invention. a
`
`monitoring device configured to be attached to the body of a subject includes a
`
`base having an optical emitter and an optical detector, and light transmissive
`
`material attached to the base. The light transmissive material is in optical
`
`communication with the optical emitter and optical detector and is configured to
`
`deliver light from the optical emitter to one or more portions of the body of the
`
`subject and to collect tight from one or more portions of the body of the subject
`
`and deliver the collected light to the optical detector. The light transmissive
`
`material may include adhesive material in one or more locations that is
`
`configUred to adhesively secure the device to the body of the subject.
`
`In some embodiments, an outer body portion is attached to the
`
`base and to the light transmissive material. The outer body portion may include
`
`adhesive material in one or more locations that is configured to adhesi'vely
`
`secure the device to the body of the subject.
`
`In some embodiments. the light transmissive material includes a
`
`lens region that is in optical communication with the optical emitter and that
`
`focuses light emitted by the optical emitter andfor that collects light reflected from
`
`a finger- In some embodiments, the light transmissive material includes a
`
`phosphor-containing region that receives light emitted by the optical emitter and
`
`converts at least a portion of the received light to light having a different
`
`wavelength from the received light. in some embodiments. the light transmissive
`
`material has an outer surface and an inner surface. and a light reflective material
`
`is disposed on or near at least a portion of one or both of the inner and outer
`
`surfaces.
`
`In some embodiments. the base includes one or more of the
`
`following: a signal processor configured to receive and process signals produced
`
`by the optical detector: a transmitter configured to transmit signals processed by
`
`the signal processor to a remote device.
`
`It is noted that aSpects of the invention described with respect to
`
`one embodiment may be incorporated in a different embodiment although not
`
`specifically described relative thereto. That is. all embodiments andfor features
`
`of any embodiment can be combined in any way andlor combination. Applicant
`
`reserves the right to change any originally filed claim or file any new claim
`9
`
`IPR2017-00317
`IPR2017-00317
`CONDITIONAL MOTION TO AMEND
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`VALENCELL, INC.
`VALENCELL, INC.
`EXHIBIT 2108 — PAGE 10
`EXHIBIT 2108 - PAGE 10
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`

`

`Attorney Docket No 9553-?-
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`accordingly, including the right. to be able to amend any originally filed claim to
`
`depend from andi'or incorporate any feature of any other claim although not
`
`originally claimed in that manner. These and other objects andlor aspects of the
`
`present invention are explained in detail below.
`
`BRIEF DESCRIPTION OF THE DRAWINGS
`
`The accompanying drawings, which form a part of the specification,
`
`illustrate various embodiments of the present invention. The drawings and
`
`description together serve to fully eXplain embodiments of the present invention.
`
`Fig. 1 is an exploded perspective view of a headset with a light
`
`guiding earbud, according to some embodiments of the present invention.
`
`Fig. 2 is a perSpective view of a stereo headset incorporating light-
`
`guiding earbuds. according to some embodiments of the present invention.
`
`Fig. 3 is a side section view of a light—guiding earbud for a headset.
`
`according to some embodiments of the present invention.
`
`Figs. 4A—4D are side section views of light-guiding earbuds for a
`
`headset, according to some embodiments of the present invention.
`
`Fig. 5 is a side section view of a |ight«guiding earbud for a headset,
`
`according to some embodiments of the present invention.
`
`Fig. 6 is a side section view of a light-guiding earbud for a headset.
`
`according to some embodiments of the present invention.
`
`Fig. 7A is a side section view of a light-guiding earbud for a
`
`headset, according to some embodiments of the present invention.
`
`Fig. 7B is a perspective view of a flexible optical emitter utilized in
`
`the earbud of Fig. 7A, according to some embodiments of the present invention.
`
`Fig. 8A is a side section view of a light-guiding earbud for a
`
`headset, according to some embodiments of the present invention.
`
`Fig. BB is a cross-sectional view of the earbud of Fig. 8A taken
`
`along lines 8868.
`
`Fig. 8C is a side section view of a light-guiding earbud for a
`
`headset, according to 50me embodiments of the present invention.
`
`Fig. 8D is a side section view of a light—guiding earbud for a
`
`headset, according to some embodiments of the present invention-
`
`Fig. 9A is a side section view of a light-guiding earbud for a
`10
`
`IPR2017-00317
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`CONDITIONAL MOTION TO AMEND
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`VALENCELL, INC.
`VALENCELL, INC.
`EXHIBIT 2108 — PAGE 11
`EXHIBIT 2108 - PAGE 11
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`

`

`Attorney Docket ND. 9353—?
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`headset, according to some embodiments of the present invention.
`
`Fig. BB» is a cross~sectional view of the earbud of Fig. 9A taken
`
`along lines 98-98.
`
`Fig. 90 illustrates luminescent particles within the earbud cover of
`
`Figs. QA-QB, according to some embodiments of the present invention.
`
`Fig. 9D is a side section view of a light—guiding earbud for a
`
`headset, according to some embodiments of the present invention.
`
`Fig. 9E is a cross-sectional view of the earbud of Fig. 9D taken
`
`along lines 9E-9E.
`
`Fig. 10 ilIUStrates various anatomy of a human ear.
`
`Fig. 11A is a side section view of a light-guiding earbud for a
`
`headset, according to some embodiments of the present invention.
`
`Fig. 118 is a cross-sectional View of the earbud of Fig. 11A taken
`
`along lines 118—118.
`
`Figs. 12A«12l3 illustrate respective opposite sides of a sensor
`
`module that may be located near the periphery of an earbud. according to some
`
`embodiments of the present invention.
`
`Fig. 13 illustrates an adaptive filter and noise source for removing
`
`noise from a noisy physiological signal, according to some embodiments of the
`
`present invention.
`
`Figs. 14A-14D are respective graphs of time-dependent data
`
`collected from a light-guiding earbud worn by a person! according to some
`
`embodiments of the present invention.
`
`Fig. 15 is a graph of processed physiological signal data from a
`
`headset having one or more light-guiding earbuds. according to some
`
`embodiments of the present invention.
`
`Fig. 16 is a flow chart of operations for extracting physiological
`
`information from headset sensor signals, according to some embodiments of the
`
`present invention.
`
`Fig. 17 is a block diagram that illustrates sensor signals being
`
`processed into a digital data string including activity data and physiological data,
`
`according to some embodiments of the present invention.
`
`Fig. 18 illustrates a digitai data string. according to some
`
`embodiments of the present invention.
`
`1 1
`
`IPR2017-00317
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`VALENCELL, INC.
`VALENCELL, INC.
`EXHIBIT 2108 — PAGE 12
`EXHIBIT 2108 - PAGE 12
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`

`

`Attorney Docket No 9653-?
`
`Fig. 19 illustrates the optical interaction between the sensor
`
`module of Figs, 12A-12E3 and the skin of a subject.
`
`Fig. 20 illustrates a chipset for use in a headset, according to some
`
`embodiments of the present invention.
`
`Fig. 21 illustrates a chipset for use in a stereo headset= according
`
`to some embodiments of the present invention.
`
`Fig. 22A is step plan View of a monitoring device configured to be
`
`attached to finger of a subject, according to some embodiments of the present
`
`invention.
`
`Fig. 228 is a cross—sectional view of the monitoring device of Fig.
`
`22A taken along lines 228-228.
`
`Fig. 23 is a side view of a monitoring device configured to be
`
`attached to the body of a subject, according to some embodiments of the
`
`present invention.
`
`DETAILED DESCRIPTION
`
`The present invention will now be described more fully hereinafter
`
`with reference to the accompanying figures, in which embodiments of the
`
`invention are shown. This invention may, however, be embodied in many
`
`different forms and should not be construed as limited to the embodiments set
`
`forth herein. Like numbers refer to like elements throughout. In the figures.
`
`certain layers, components or features may be exaggerated for ciarity. and
`
`broken lines illustrate optional features or operations unless specified otherwise.
`
`in addition. the sequence of operations (or steps) is not limited to the order
`
`presented in the figures andi'or claims unless specifically indicated otherwise.
`
`Features described with respect to one figure or embodiment can be associated
`
`with another embodiment or figure although not specifically described or shown
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`as such.
`
`It will be understood that when a feature or element is referred to
`
`as being "on" another feature or element. it can be directly on the other feature
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`or element or intervening features andi'or elements may also be present. In
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`contrast. when a feature or element is referred to as being "directly on" another
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`feature or element, there are no intervening features or elements present. it will
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`also be understood that, when a feature or element is referred to as being
`12
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`IPR2017-00317
`IPR2017-00317
`CONDITIONAL MOTION TO AMEND
`CONDITIONAL MOTION TO AMEND
`
`VALENCELL, INC.
`VALENCELL, INC.
`EXHIBIT 2108 — PAGE 13
`EXHIBIT 2108 - PAGE 13
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`

`

`Attorney Docket No 9553'?
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`II
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`II
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`"connected . attached" or "coupled" to another feature or element, it can be
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`directly connected, attached or coupled to the other feature or element or
`
`intervening features or eiements may be present. In contrast, when a feature or
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`element is referred to as being "directly connected", “directly attached" or
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`l‘directly coupled" to another feature or element, there are no intervening
`
`features or elements present. Although described or shown with respect to one
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`embodiment, the features and elements so described or shown can apply to
`
`other embodiments. it will also be appreciated by those of skill in the art that
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`references to a structure or feature that is disposed "adjacent" another feature
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`may have portions that overlap or underlie the adjacent feature.
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`The terminology used herein is for the purpose of describing
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`particular embodiments only and is not intended to be limiting of the invention.
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`As used herein. the singular forms "a", "an" and “the" are intended to include the
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`plural forms as well, unless the context clearly indicates othenNise. it will be
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`further understood that the terms "comprises" andfor "comprising," when used in
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`this specification, specify the presence of stated features, steps, operations,
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`elements, andfor components, but do not preclude the presence or addition of
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`one or more other features, steps, operations, elements, components, and/or
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`groups thereof. As used herein, the term "andlor" includes any and all
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`combinations of one or more of the associated listed items.
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`Spatialiy relative terms, such as "under", "below", "lower", "over".
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`"upper" and the like, may be used herein for ease of description to describe one
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`element or feature‘s relationship to another element(s) or feature(s) as illustrated
`
`in the figures. It wilt be understood that the spatially relative terms are intended
`
`to encompass different orientations of the device in use or operation in addition
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`to the orientation depicted in the figures. For example, if a device in the figures is
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`inVerted, elements described as "under" or "beneath" other elements or features
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`would then be oriented "over" the other elements or features. Thus, the
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`exemplary term "under" can encompass both an orientation of over and under.
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`The device may be otherwise oriented (rotated 90 degrees or at other
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`orientations) and the spatially relative descriptors used herein interpreted
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`accordingly. Similarly, the terms "upwardly“. "downwardly", "vertical", "horizontal"
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`and the like are used herein for the purpose of explanation only unless
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`specifically indicated otherwise.
`
`13
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`IPR2017-00317
`IPR2017-00317
`CONDITIONAL MOTION TO AMEND
`CONDITIONAL MOTION TO AMEND
`
`VALENCELL, INC.
`VALENCELL, INC.
`EXHIBIT 2108 — PAGE 14
`EXHIBIT 2108 - PAGE 14
`
`

`

`Attorney Docket No 5653-?
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`It will be understood that although the terms first and second are
`
`used herein to describe various featuresielements, these featureslelements
`
`should not be limited by these terms. These terms are only used to distinguish
`
`one featureielement from another featurelelement. Thus, a first featurefelement
`
`discussed below could be termed a second featureielement, and similarly, a
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`second featureielement discussed below could be termed a first featurelelement
`
`without departing from the teachings of the present invention. Like numbers refer
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`to like elements throughout.
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`Unless otherwise defined, all terms (including technical and
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`scientific terms; used herein have the same meaning as commonly understood
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`by one of ordinary skill in the art to which this invention belongs. It will be further
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`understood that terms, such as those defined in commonly used dictionaries
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`should be interpreted as having a meaning that is consistent with their meaning
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`in the context of the specification and relevant art and should not. be interpreted
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`in an idealized or overly format sense unless expressly so defined herein. Well—
`
`known functions or constructions may not be described in detail for brevity
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`andior clarity.
`
`The term "headset" includes any type of device or earpiece that
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`may be attached to or near the ear (or ears) of a user and may have various
`
`configurations, without limitation. Headsets incorporating light—guiding earbuds
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`as described herein may include mono headsets (one earbud) and stereo
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`headsets (two earbuds). earbuds, hearing aids, earjewelry, face masks,
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`headbands. and the like.
`
`The term “real-time" is used to describe a process of sensing,
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`processing, or transmitting information in a time frame which is equal to or
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`shorter than the minimum timescale at which the information is needed. For
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`example, the reai-time monitoring of pulse rate may result in a single average
`
`pulse-rate measurement every minute, averaged over 30 seconds, because an
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`instantaneous pulse rate is often useless to the end user. Typically, averaged
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`physiological and environmental information is more relevant than instantaneous
`
`changes. Thus, in the context of the present invention, signals may sometimes
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`be processed over several seconds, or even minutes= in order to generate a
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`"real-time“ response.
`
`The term “monitoring" refers to the act of measuring, quantifying.
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`IPR2017-00317
`IPR2017-00317
`CO