Apple Inc. and Fitbit, Inc. v.
`Valencell, Inc.
`
`P.T.A.B. Proceeding No. IPR2017-003211
`U.S. Patent No. 8,923,941
` February 27, 2018
`
`1 Case IPR2017-01556 has been joined with this proceeding.
`
`Sterne, Kessler, Goldstein & Fox P.L.L.C.
`
`
`Valencell, Inc.
`
`P.T.A.B. Proceeding No. IPR2017-003211
`U.S. Patent No. 8,923,941
` February 27, 2018
`
`1 Case IPR2017-01556 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)
`
`IPR2017-00321 (’941 Patent)
`
`1
`
`2
`
`3
`
`4
`
`14, 15, 21
`
`18-20
`
`14-19, 21
`
`20
`
`§ 103
`
`§ 103
`
`§ 103
`
`§ 103
`
`Kosuda
`
`Kosuda
`
`Aceti
`
`Aceti
`
`Maekawa
`
`Maekawa, Han
`
`Fricke
`
`Fricke, Comtois
`
`Paper 11 (“Inst. Decision”), pp. 40, 41
`
`2
`
`
`
`Claim 14
`
`14. A wearable device, comprising:
`a housing; and
`a chipset enclosed within the housing, the chipset compris-
`ing at least one PPG sensor, at least one motion sensor,
`and at least one signal processor configured to process
`signals from the at least one motion sensor and signals
`from the at least one PPG sensor to reduce motion arti-
`
`window.
`
`facts from the PPG signals;
`wherein the housing comprises at least one window that
`opticallyr exposes the at least one PPG sensor to abody of
`a subject wearing the device, and wherein the housing
`comprises non-air light transmissive material in optical
`conununicatiou with the at least one PPG sensor and the
`
`APL1001, 32:1-15
`
`3
`
`
`
`PO contends that claim 14 is embodied by
`Fig. 22B of the ’941 Patent
`
`Paper 6 (“POPR”), p. 9; APL1001, 32:1-15
`
`4
`
`
`
`Ground 1 - Claims 14–15 and 21 are unpatentable over
`Kosuda in view of Maekawa
`
`APL1001, 32:1-15; Paper 2 (“Petition”), pp. 16, 19
`
`5
`
`
`
`Kosuda
`
`Petition, pp. 15-17; APL1027, FIGs. 2, 3, and 5
`
`6
`
`
`
`Maekawa
`
`Petition, p. 19; APL1003, p. 40; APL1030, FIGs. 2, 6, & 10
`
`7
`
`
`
`Ground 1 - Claims 14–15 and 21 are unpatentable over
`Kosuda in view of Maekawa
`
`Paper 23 (“POR”), pp. 9, 11, 15, 18
`
`8
`
`
`
`Kosuda
`
`Petition, p. 16; POR, p. 12, 16; Paper 30 (“Pet. Reply”), p. 2;
`APL1027 FIGs. 3 and 2
`
`9
`
`
`
`Kosuda + Maekawa
`
`Kosuda
`
`Petition, p. 25
`
`Maekawa
`
`APL1003, p. 52
`
`10
`
`
`
`Maekawa Fig. 7
`
`POR, p. 22; APL1030, FIG. 7
`
`11
`
`
`
`Maekawa Fig. 9
`
`POR, p. 23; APL1030, FIG. 9
`
`12
`
`
`
`Ground 3 - Claims 14–19 and 21 are unpatentable
`over Aceti in view of Fricke
`
`APL1001, 32:1-15; Petition, pp. 32; APL 1003, par. 106;
`APL1016, FIG. 1
`
`13
`
`
`
`Aceti
`
`Petition, p. 32-34; APL1031, FIGs. 1-4
`
`14
`
`
`
`Fricke
`
`Petition, pp. 36-37; APL 1003, par. 106 ; APL1016, FIGs. 1, 3, & 11
`
`15
`
`
`
`Ground 3 - Claims 14–19 and 21 are unpatentable
`over Aceti in view of Fricke
`
`Petition, p. 31; POR pp. 25, 29
`
`16
`
`
`
`PO’s Annotated Figure 1 of Aceti
`
`POR, p. 31
`
`17
`
`
`
`PO’s Motion to Amend
`
`22. (Substitute for original claim 14, if found unpatentable) A
`wearable device, comprising:
` a housing; and
` a chipset enclosed within the housing, the chipset
`comprising at least one PPG sensor, at least one motion
`sensor, and at least one signal processor configured to process
`signals from the at least one motion sensor and signals from
`the at least one PPG sensor to reduce motion artifacts from the
`PPG signals and to extract physiological and motion
`parameters;
` wherein the at least one signal processor configured to
`process data to be output, wherein the output data comprises
`physiological information and motion-related information, and
`wherein the output data is parsed out such that an application-
`specific interface (API) can utilize the physiological
`information and motion-related information for an application;
` wherein the housing comprises at least one window that
`optically exposes the at least one PPG sensor to a body of a
`subject wearing the device, and wherein the housing
`comprises non-air light transmissive material in optical
`communication with the at least one PPG sensor and the
`window.
`
`26. (Substitute for original claim 18) The device of
`claim 14 22, wherein the at least one processor is
`configured to:
`artifacts by
`reduce motion
`
`(i)
`removing frequency bands from the signals
`that
`are outside of a range of interest using at least one
`band-pass filter to produce preconditioned signals
`and
`(ii) to generate the parsed output data
`
`by executing one or more processing methods to
`provide information that is fed into a multiplexed
`output serial data string of motion-related and
`physiological information.
`
`
`
`
`
`
`
`
`
`Paper 24 (“MTA”), pp. 2-7, 23-24
`
`18
`
`
`
`PO Annotated Figure – ’941 Patent Figs. 17-18
`
`POR, p. 5
`
`19
`
`
`
`Gupta
`
`Paper 31 (“Opp. to MTA”), pp. 11-12; APL1045, FIGs. 1, 5, 8, & 10
`
`20
`
`
`
`Output Data/Serial Data String
`
`The ’941 Patent
`
`Gupta
`
`Opp. to MTA, p. 12; APL1045, FIG. 5
`
`21
`
`
`
`Craw
`
`EX. 212T.
`
`FICTG.
`m ‘
`
`[-1[-u—
`m -~uLm In
`
`1531
`
`2 ante! Union Version
`1 udnt + hitfialci
`
`1533
`
`/
`2 met can: {Cyclical
`Redundancy Check:
`
`Nun-Invasive Blood Pressure
`
`Systolic
`
`120.00 mmihg
`
`Diastolic
`
`00.00 mrm’hg
`
`Heart Rate
`
`7’0 BPM
`
`MAP
`Quality
`
`90mm.th
`0 O 0
`Good Marg'nal Four
`
`Opp. to MTA, pp. 18-19; Ex. 2127, FIGs. 7G, 8I, 9A
`
`22
`
`
`
`Case IPR2017-00321
`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
`
`
`
`
`
`
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