Apple Inc. and Fitbit, Inc. v.
`Valencell, Inc.
`
`P.T.A.B. Proceeding No. IPR2017-003191
`U.S. Patent No. 8,923,941
` February 27, 2018
`
`1 Case IPR2017-01555 has been joined with this proceeding.
`
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`
`
`Valencell, Inc.
`
`P.T.A.B. Proceeding No. IPR2017-003191
`U.S. Patent No. 8,923,941
` February 27, 2018
`
`1 Case IPR2017-01555 has been joined with this proceeding.
`
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`
`
`
`Instituted Grounds (’941 Patent)
`
`Ground
`
`Claims
`
`Type
`
`Primary
`Reference
`
`Secondary Reference(s)
`
`IPR2017-00319 (’941 Patent)
`
`1
`
`3
`
`4
`
`5
`
`6
`
`9
`
`10
`
`11
`
`1, 2, 9, 11-13
`
`6, 8
`
`7
`
`10
`
`1, 2, 9, 11, 12
`
`6-8
`
`10
`
`13
`
`§ 103
`
`§ 103
`
`§ 103
`
`§ 103
`
`§ 103
`
`§ 103
`
`§ 103
`
`§ 103
`
`Luo
`
`Luo
`
`Luo
`
`Luo
`
`Mault
`
`Mault
`
`Mault
`
`Mault
`
`Craw
`
`Craw, Fricke
`
`Craw, Fricke, Comtois
`
`Craw, Aceti
`
`Al-Ali
`
`Al-Ali, Han
`
`Al-Ali, Numaga
`
`Al-Ali, Ali
`
`Paper 10 (“Inst. Decision”), p. 56
`
`2
`
`
`
`1. A method of generating data output containing physi-
`ological and motion-related information, the method com-
`prising:
`sensing physical activity and physiological information
`from a subject via a single monitoring device attached to
`the subject, wherein the monitoring device comprisesat
`least one motion sensorfor sensing the physical activity
`and at least one photoplethysmography(PPG)sensorfor
`sensing the physiological information; and
`processing signals fromthe at least one motion sensor and
`signals fromthe at least one PPG sensor via a processor
`of the monitoring device into a serial data output of
`physiological information and motion-related informa-
`tion, wherein the serial data output is configured such
`thata plurality ofsubject physiological parameters com-
`prising subject heart rate and subject respirationrate can
`be extracted from the physiological information and
`suchthat a plurality of subject physical activity param-
`eters can be extracted fromthe motion-related informa-
`tion.
`
`
`
`
`
`|
`PROCESSOR/
`|
`!
`-+— MULTIPLEXER
`
`
`
`Claim 1
`
`7
`!
`|
`:
`
`ssgll
`
`}
`
`:
`
`APL1001, 30:35-54, FIG. 17
`
`3
`
`
`
`The ’941 Patent
`
`APL1001, FIG. 17
`
`4
`
`
`
`Ground 1 - Claims 1, 2, 9, and 11-13 are unpatentable over
`Luo in view of Craw
`
`Paper 22 (“POR”), pp. 9-26
`
`5
`
`
`
`Luo
`
`Paper 2 (“Petition”), p. 16; APL1055,
`FIGs. 1 & 3
`
`6
`
`
`
`Luo
`
`Petition, pp. 17-18; APL1055, FIGs. 4 & 5
`
`7
`
`
`
`Craw
`
`Petition, pp. 20-21; APL1056, FIGs. 1D, 7G, 8I, 9A
`
`8
`
`
`
`Figs 17 and 18 – The ’941 Patent
`Annotated by Patent Owner
`
`POR, pp. 5, 20;
`
`9
`
`
`
`Claim 6
`Claim 6
`6. The method of claim 1, further comprising, prior to
`processing signals from the at least one motion sensor and
`signals from the at least one PPG sensor into the serial data
`output, removing frequency bands from the PPG signals that
`are outside of a range ofinterest using at least one band-pass
`filter to produce pre-conditioned PPG signals, and filtering
`the pre-conditioned PPG signals to reduce motion artifacts
`and noise artifacts from the pre-conditioned PPG signals to
`produce cleaner physiological information.
`
`Claim 8
`Claim 8
`
`8. The method ofclaim 6, whereinfiltering the precondi-
`tioned PPG signals comprises at least one of the following:
`FIR (Finite Impulse Response)filtering, IIR (Infinite Impulse
`Response) filtering, adaptive filtering, phase filtering, and
`frequency filtering.
`
`APL1001, 31:10-18; 20-4
`APL1001, 31:10-18; 20-4
`
`10
`
`
`
`Fig. 13 - LeBoeuf
`
`Paper 27 (“Pet. Reply”), p. 9; APL1001, FIG. 13
`
`11
`
`
`
`The ’941 Patent
`
`POR, p. 6; APL1001, FIG. 16
`
`12
`
`
`
`PPG Waveform Comparison
`
`Petition, p. 5; APL1020, FIG. 11.2
`
`13
`
`
`
`Ground 6 - Claims 1, 2, 9, and 11–12 are unpatentable over
`Mault in view of Al-Ali
`
`POR, pp. 26-37; Pet. Reply, pp. 16-20
`
`14
`
`
`
`Mault
`
`Petition, p. 46; APL1057, FIGs. 1 & 4
`
`15
`
`
`
`Al-Ali
`
`Petition, p. 48; APL1058, ¶0063, FIGs. 3 & 13
`
`16
`
`
`
`Mault
`
`Pet. Reply, pp. 16-17; APL1057, 5:63-64, 7:46-56, FIG. 4
`
`17
`
`
`
`Claim 1
`
`tion.
`
`1. A method of generating data output containing physi-
`ological and motion-related information,
`the method com-
`prising:
`sensing physical activity and physiological information
`from a subject via a single monitoring device attached to
`the subject, wherein the monitoring device comprisesat
`least one motion sensorfor sensingthe physical activity
`andat least one photoplethysmography(PPG)sensor for
`sensingthe physiological information; and
`processingsignals fromtheat least one motionsensor and
`signals from the at least one PPG sensorvia a process«
`of the monitoring device into a serial data output of
`physiological information and motion-related informa-
`tion, wherein the serial data output is configured such
`that aplurality of subject physiological parameters com-
`prising subject heart rate and subjectrespirationrate can
`be extracted from the physiological information and
`suchthat a plurality of subject physical activity param-
`eters can be extracted from the motion-related informa-
`
`Ex. 1001, 30:35-54
`
`18
`
`
`
`Processing Step of Claim 1
`
`…processing
` signals from the at least one motion sensor
` and
` signals from the at least one PPG sensor
` via
` a processor of the monitoring device
` into
` a serial data output of physiological information and motion-related information,
`
`wherein the serial data output is configured
` such that
`
`a plurality of subject physiological parameters comprising
`
`
`subject heart rate and subject respiration rate
`can be extracted from the physiological information and
`
` such that
`
`a plurality of subject physical activity parameters
`can be extracted from the motion-related information.
`
`
`19
`
`
`
`Mault + Al-Ali
`
`APL1057, FIG. 4; APL1058, ¶0063, FIG. 13
`
`20
`
`
`
`Case IPR2017-00319
`U.S. Patent No. 8,923,941
`CERTIFICATION OF SERVICE (37 C.F.R. §§42.6(e))
`
`The undersigned hereby certifies that a true and correct copy of the above-
`
`captioned PETITIONER APPLE INC.’S DEMONSTRATIVES was served
`
`electronically via email in its entirety on February 26, 2018 on the following:
`
`Justin B. Kimble (Lead Counsel)
`Jeffrey R. Bragalone (Back-up Counsel)
`Nicholas C. Kliewer (Back-up Counsel)
`T. William Kennedy (Back-up Counsel)
`Jonathan H. Rastegar (Back-up Counsel)
`Brian P. Herrmann (Back-up Counsel)
`Marcus Benavides (Back-up Counsel)
`R. Scott Rhoades (Back-up Counsel)
`Sanford E. Warren, Jr. (Back-up Counsel)
`
`Harper Batts (Counsel for Fitbit, Inc.)
`Jeremy Taylor (Counsel for Fitbit, Inc.)
`
`
`
`JKimble-IPR@bcpc-law.com
`jbragalone@bcpc-law.com
`nkliewer@bcpc-law.com
`bkennedy@bcpc-law.com
`jrastegar@bcpc-law.com
`bherrmann@bcpc-law.com
`mbenavides@bcpc-law.com
`srhoades@wriplaw.com
`swarren@wriplaw.com
`
`harper.batts@bakerbotts.com
`jeremy.taylor@bakerbotts.com
`dlfitbit-valencell@bakerbotts.com
`
`Respectfully submitted,
`STERNE, KESSLER, GOLDSTEIN & FOX P.L.L.C.
`
`/Michael D. Specht/
`
`Michael D. Specht
`Registration No. 54,463
`Attorney for Petitioner Apple Inc.
`
`
`
`
`
`
`
`Date: February 26, 2018
`1100 New York Avenue, N.W.
`Washington, D.C. 20005-3934
`(202) 371-2600
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
