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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE PATENT TRIAL AND APPEAL BOARD
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`APPLE INC.,
`Petitioner,
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`v.
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`OMNI MEDSCI, INC.,
`Patent Owner.
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`Patent No. 9,651,533
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`IPR2019-00913
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`DECLARATION OF BRIAN ANTHONY, PH. D. REGARDING U.S.
`PATENT NO. 9,651,533
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`
`
`Petitioner Apple Inc.
`Ex. 1003, p. i
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`IPR2019-00913
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`Declaration of Dr. Anthony
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`TABLE OF CONTENTS
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`I.
`
`INTRODUCTION ......................................................................................... 1
`A.
`Engagement ........................................................................................... 1
`B.
`Background and Qualifications ............................................................. 1
`C.
`Compensation ........................................................................................ 5
`D.
`Information Considered ......................................................................... 6
`LEGAL STANDARDS FOR PATENTABILITY ...................................... 6
`II.
`A. Anticipation ........................................................................................... 8
`B.
`Obviousness ........................................................................................... 9
`III. BACKGROUND INFORMATION ABOUT THE ’533 PATENT......... 11
`A.
`Effective Filing Date of the ’533 Patent ............................................. 11
`B.
`The Prosecution History of The ’533 Patent ....................................... 12
`C.
`Technical Field .................................................................................... 13
`D.
`Level of Ordinary Skill in the Art ....................................................... 13
`IV. TECHNICAL BACKGROUND ................................................................. 14
`A.
`Photoplethysmography ........................................................................ 14
`B.
`Industry Trends .................................................................................... 21
`V. ANALYSIS OF THE ’533 PATENT ......................................................... 29
`A. Overview of the ’533 Patent ................................................................ 29
`B.
`Construction of Terms Used in the ’533 Patent Claims ...................... 30
`VI.
`IDENTIFICATION OF THE PRIOR ART ............................................. 34
`VII. ANALYSIS OF THE PRIOR ART AND ’533 CLAIMS ........................ 35
`A. Ground 1: Valencell ’093 and Valencell ’099 Render Obvious
`Claims 5, 7-10, 13, and 15-17 ............................................................. 35
`1. Overview of Valencell ’093 .......................................................... 35
`2. Overview of Valencell ’099 .......................................................... 38
`3. Motivation to Combine Valencell ’093 and Valencell ’099 ......... 40
`
`Petitioner Apple Inc.
`Ex. 1003, p. ii
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`IPR2019-00913
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`Declaration of Dr. Anthony
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`wavelengths is a near-infrared wavelength between 700
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`by increasing a light intensity from at least one of the
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`lenses configured to receive a portion of the output optical
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`4. Claim 13 ........................................................................................ 44
`a) Preamble ................................................................................. 45
`b) “a wearable measurement device for measuring one or more
`physiological parameters” ...................................................... 46
`(1) “including a light source comprising a plurality of
`semiconductor sources that are light emitting diodes” ................. 46
`(2) “the light emitting diodes configured to generate an output
`optical beam with one or more optical wavelengths” ................... 47
`(3) “wherein at least a portion of the one or more optical
`nanometers and 2500 nanometers” ............................................... 48
`(4) “the light source configured to increase signal-to-noise ratio
`plurality of semiconductor sources” ............................................. 48
`(5) “and by increasing a pulse rate of at least one of the
`plurality of semiconductor sources” ............................................. 50
`c) “the wearable measurement device comprising a plurality of
`beam and to deliver an analysis output beam to a sample” ... 54
`d) “the wearable measurement device further comprising a
`sample and to generate an output signal” ............................... 55
`e) “wherein the wearable measurement device receiver is
`configured to be synchronized to pulses of the light source” 56
`f) “a personal device comprising a wireless receiver, a wireless
`buttons or knobs, a microprocessor and a touch screen,” ...... 58
`(1) “the personal device configured to receive and process at
`least a portion of the output signal,” ............................................. 62
`(2) “wherein the personal device is configured to store and
`display the processed output signal” ............................................. 63
`(3) “and wherein at least a portion of the processed output
`transmission link;” ........................................................................ 64
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`receiver configured to receive and process at least a portion of
`the analysis output beam reflected or transmitted from the
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`transmitter, a display, a microphone, a speaker, one or more
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`signal is configured to be transmitted over a wireless
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`Petitioner Apple Inc.
`Ex. 1003, p. iii
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`IPR2019-00913
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`Declaration of Dr. Anthony
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`transmission link an output status comprising the at least a
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`output status to generate processed data and to store the
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`history of at least a portion of the received output status
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`g) “and a remote device configured to receive over the wireless
`portion of the processed output signal,” ................................. 65
`(1) “[the remote device configured] to process the received
`processed data,” ............................................................................. 67
`(2) “and wherein the remote device is capable of storing a
`over a specified period of time.” ................................................... 70
`5. Claim 5 .......................................................................................... 73
`a) Preamble ................................................................................. 74
`b) “a light source comprising a plurality of … light emitting
`diodes …” ............................................................................... 74
`(1) “the light source configured to increase signal-to-noise ratio
`plurality of semiconductor sources ….” ....................................... 74
`(2) “and by increasing a pulse rate of at least one of the
`plurality of semiconductor sources” ............................................. 75
`c) “an apparatus comprising a plurality of lenses configured to
`analysis output beam to a sample” ......................................... 75
`d) “a receiver configured to receive and process at least a portion
`sample and to generate an output signal,” .............................. 75
`e) ‘wherein the receiver is configured to be synchronized to
`pulses of the light source” ...................................................... 75
`f) “a personal device comprising a wireless receiver, a wireless
`buttons or knobs, a microprocessor and a touch screen” ....... 75
`(3) “the personal device configured to receive and process at
`output signal” ................................................................................ 76
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`least a portion of the output signal wherein the personal
`device is configured to store and display the processed
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`by increasing a light intensity from at least one of the
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`receive a portion of the output optical beam and to deliver an
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`of the analysis output beam reflected or transmitted from the
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`transmitter, a display, a microphone, a speaker, one or more
`
`Petitioner Apple Inc.
`Ex. 1003, p. iv
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`signal is configured to be transmitted over a wireless
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`transmission link an output status comprising the at least a
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`(4) “and wherein at least a portion of the processed output
`transmission link” .......................................................................... 76
`g) “a remote device configured to receive over the wireless
`portion of the processed output signal,” ................................. 76
`(1) “to process the received output status to generate processed
`data and to store the processed data.” ........................................... 77
`6. Claim 7 .......................................................................................... 77
`7. Claims 8 and 16 ............................................................................. 79
`8. Claims 9 and 17 ............................................................................. 81
`9. Claim 10 ........................................................................................ 83
`Carlson Render Obvious Claims 5, 7-10, 13 and 15-17 ..................... 85
`1. Overview of Carlson ..................................................................... 86
`2. Combining Valencell ’093, Valencell ’099 and Carlson .............. 87
`3. Independent Claims 5 and 13 ........................................................ 89
`4. Dependent Claims 7-10, and 15-17 .............................................. 90
`Mannheimer Render Obvious Claims 8-9 and 16-17 ......................... 91
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`B.
`
`C.
`
`Ground 2: Valencell ’093 and Valencell ’099 in view of
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`Ground 3: Valencell ’093 and Valencell ’099 in view of
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`Petitioner Apple Inc.
`Ex. 1003, p. v
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`IPR2019-00913
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`Declaration of Dr. Anthony
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`I.
`
`INTRODUCTION
`A. Engagement
`I have been retained by counsel for Apple Inc. as an expert witness in
`1.
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`the above-captioned proceeding. I have been asked to provide an opinion
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`regarding the patentability of certain claims in U.S. Patent No. 9,651,533
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`(“the ’533 Patent”) (Ex.1001). The face of the patent identifies Omni MedSci, Inc.
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`(“Omni”) as the assignee. I have been asked to provide a discussion of the
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`meaning of certain words and phrases in the claims of the ’533 patent, to provide a
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`description of state of the art of the technology described in the ’533 Patent, to
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`analyze the disclosure of the ’533 patent and the applications to which it claims
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`priority, and to analyze various references that I understand are prior art to this
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`patent.
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`B.
`2.
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`Background and Qualifications
`As indicated in my curriculum vitae (“CV”), Ex.1053, I am currently
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`a Principal Research Scientist at the Massachusetts Institute of Technology
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`(“MIT”). My CV includes additional information about my professional history
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`and contains further details on my experience, publications, patents, and other
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`qualifications to render an expert opinion. Below, I highlight some of my
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`experience that is relevant to the technology of the patent at issue.
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`3.
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`I earned a Bachelor of Science in Engineering from Carnegie Mellon
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`University in 1994 and a Master’s degree in Engineering from MIT in 1998. My
`Petitioner Apple Inc.
`Ex. 1003, p. 1
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`IPR2019-00913
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`Declaration of Dr. Anthony
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`thesis topic related to anisotropic wave guides and acoustic non-destructive testing.
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`In 2006, I earned my Ph.D. in Engineering from MIT. My research focused on
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`high-performance computation, signal processing, and electro-mechanical system
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`design.
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`4.
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`In 1997, I co-founded Xcitex Inc., a company that specialized in
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`video-acquisition and motion-analysis software. I served as the Chief Technology
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`Officer and directed and managed product development until 2006. Our first demo
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`product was an optical ring for human motion measurement used to capture user
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`hand motion in order to control the user’s interaction with a computer. Many of
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`the structural elements of our optical ring addressed the same system issues as
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`those described and claimed in the patent at issue. For example, our optical ring
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`included multiple light emitting diodes, multiple photodetectors, techniques for
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`modulation and synchronization, noise reduction algorithms, and optical
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`components for light blocking, light redirection, and light capture, and structural
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`components for holding and geometrically arranging the various components. We
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`estimated human hand-motion based on how that motion changed the detected
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`light. In our application we did not try to eliminate motion artifact, we tried to
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`measure it. In developing our ring, we considered well-known problems such as
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`ambient light and noise, which are, unsurprisingly, also mentioned in the patent at
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`issue. Motion Integrated Data Acquisition System (MiDAS) was our flagship
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`Petitioner Apple Inc.
`Ex. 1003, p. 2
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`IPR2019-00913
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`Declaration of Dr. Anthony
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`video and data acquisition product which relied upon precise synchronization of
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`multiple clocks for optical sensor and video acquisition, data acquisition, and
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`external illumination.
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`5.
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`I joined MIT in 2006 and was the Director of the Master of
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`Engineering in Advance Manufacturing and Design Program for over ten years.
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`The degree program covers four main components: Manufacturing Physics,
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`Manufacturing Systems, Product Design, and Business Fundamentals. Many of
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`the courses, projects, and papers my students undertake involve technologies
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`relevant to the patent at issue, for example, sensor devices including non-invasive
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`optical biosensors.
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`6.
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`In 2011, I co-founded MIT’s Medical Electronic Device Realization
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`Center (“MEDRC”) and currently serve as co-director. The MEDRC aims to
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`create and deploy revolutionary medical technologies by collaborating with
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`clinicians, the microelectronics, and medical devices industries. We combine
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`expertise in computation; communications; optical, electrical, and ultrasound
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`sensing technologies; and consumer electronics. We focus on the usability and
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`productivity of medical devices using, for example, image and signal processing
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`combined with intelligent computer systems to enhance practitioners’ diagnostic
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`intuition. Our research portfolio includes low power integrated circuits and
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`systems, big data, micro electro-mechanical systems, bioelectronics, sensors, and
`
`Petitioner Apple Inc.
`Ex. 1003, p. 3
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`IPR2019-00913
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`Declaration of Dr. Anthony
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`microfluidics. Specific areas of innovation include wearable, non-invasive and
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`minimally invasive optical biosensor devices, medical imaging, laboratory
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`instrumentation, and the data communication from these devices and instruments
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`to healthcare providers and caregivers. My experience with these devices is
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`directly applicable to the technology in the patent at issue. For example, in one
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`current project related to this work, we use a patient-mounted mobile near infrared
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`(NIR) camera to image and characterize the surface and subsurface structures of
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`the skin.
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`7.
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`I am the Associate Director of MIT.nano, MIT's new 200,000 sq-ft
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`nanofabrication and characterization facility. One of the major research initiatives
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`with MIT.nano focuses on sensors and sensing systems. Our research in sensing
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`science and sensing engineering is targeting innovations in advanced
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`manufacturing, healthcare, environmental remediation, smart infrastructure, and
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`the creation of advanced machines and materials. I also co-founded the Center for
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`Polymer Micro-fabrication at MIT. The Center’s research focuses on polymer-
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`based manufacturing processes and the large-scale commercialization of micro
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`fluidic devices for chemical, biomedical, and photonic applications. My
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`experience under these initiatives is directly applicable to the technology in the
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`patent at issue. We develop optical sensors to noninvasively monitor soft flexible
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`materials during the manufacturing process.
`
`Petitioner Apple Inc.
`Ex. 1003, p. 4
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`IPR2019-00913
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`Declaration of Dr. Anthony
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`8.
`
`Furthermore, my research focuses on computational instrumentation,
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`including the development of instrumentation and measurement solutions for
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`manufacturing systems and medical devices. Additionally, my teaching interests
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`include the design and modeling of large-scale systems in a wide variety of
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`decision-making domains and developing optimization algorithms and software for
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`analyzing and designing such systems. I teach or have taught courses in Electrical
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`Engineering, Controls, Optics, and Signal Processing, all pertinent subject matter
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`to the patent at issue.
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`9.
`
`I have published approximately 85 papers, and have received a
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`number of best paper and distinguished paper awards. I am a co-author of a
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`number of papers that relate to the technology in the patent at issue.
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`C. Compensation
`I am being compensated for my time at the rate of $500 per hour for
`10.
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`my work in connection with this matter. I am being reimbursed for reasonable and
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`customary expenses associated with my work in this investigation. This
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`compensation is not dependent in any way on the contents of this Declaration, the
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`substance of any further opinions or testimony that I may provide or the ultimate
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`outcome of this matter.
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`
`
`Petitioner Apple Inc.
`Ex. 1003, p. 5
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`IPR2019-00913
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`Declaration of Dr. Anthony
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`Information Considered
`D.
`11. My opinions are based on my years of education, research, and
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`experience, as well as my investigation and study of relevant materials. In forming
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`my opinions, I have considered the materials I identify in the attached Exhibit List.
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`12.
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`I may rely upon these materials and/or additional materials to respond
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`to arguments raised by Omni. I may also consider additional documents and
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`information in forming any necessary opinions—including documents that may not
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`yet have been provided to me.
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`13. My analysis of the materials produced in this investigation is ongoing,
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`and I will continue to review any new material as it is provided. This report
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`represents only those opinions I have formed to date. I reserve the right to revise,
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`supplement, and/or amend my opinions stated herein based on new information
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`and on my continuing analysis of the materials already provided.
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`II. LEGAL STANDARDS FOR PATENTABILITY
`14. Certain basic legal principles have been explained to me by counsel
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`for Apple. Below, I have recorded these legal standards as they were explained to
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`me.
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`15.
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`I understand that for an invention claimed in a patent to be found
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`patentable, it must be, among other things, new and not obvious from what was
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`known before the invention was made.
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`Petitioner Apple Inc.
`Ex. 1003, p. 6
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`16.
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`I understand the information that is used to evaluate whether an
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`invention is new and not obvious is generally referred to as “prior art” and can
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`include patents and printed publications. I also understand that a patent will be
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`prior art if it was filed before the earliest effective filing date of the claimed
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`invention, while a printed publication will be prior art if it was publicly available
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`before that date. I understand that in this proceeding, the information that may be
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`evaluated to show unpatentability is limited to patents and printed publications.
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`17.
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`I understand that the effective filing date of the claimed invention is
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`the actual filing date of the claims, unless the applicant claims priority to an earlier
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`filed application that supports the claimed subject matter in the manner required by
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`35 U.S.C. § 112. I understand that this section requires the patent’s specification
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`to contain a sufficient written description of the claimed invention to demonstrate
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`that the applicant actually possessed the invention as of the filing date as broadly
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`as it is claimed. In considering whether this written description requirement is met,
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`I understand that I should consider the written description from the viewpoint of a
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`person of ordinary skill in the art. I also understand that I should consider whether
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`this person of ordinary skill would have recognized that the written description
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`describes the full scope of the claimed invention and that the inventor actually
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`possessed that full scope as of the claimed effective filing date.
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`Petitioner Apple Inc.
`Ex. 1003, p. 7
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`Declaration of Dr. Anthony
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`18.
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`I understand that in this proceeding Apple has the burden of proving
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`that the challenged claims are unpatentable over the prior art by a preponderance of
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`the evidence. I understand that “a preponderance of the evidence” is evidence
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`sufficient to show that a fact is more likely true than it is not.
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`19.
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`I understand that there are two ways in which prior art may render a
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`patent claim unpatentable. First, the prior art can be shown to “anticipate” the
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`claim. Second, the prior art can be shown to have made the claim “obvious” to a
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`person of ordinary skill in the art.
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`A. Anticipation
`I understand that, for a patent claim to be “anticipated” by the prior
`20.
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`art, each and every requirement of the claim must be found, expressly or
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`inherently, in a single prior art reference as recited in the claim.
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`21.
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`I understand that claim limitations that are not expressly described in
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`a prior art reference may still be there if they are “inherent” to the thing or process
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`being described in the prior art.
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`22.
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`I understand that it can be acceptable to consider evidence other than
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`the information in a particular prior art document to determine if a feature is
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`necessarily present in or inherently described by that document.
`
`Petitioner Apple Inc.
`Ex. 1003, p. 8
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`23.
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`I understand that if a reference incorporates other documents by
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`reference, the incorporating reference and the incorporated reference(s) should be
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`treated as a single prior art reference for purposes of analyzing anticipation.
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`24.
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`I understand that to be anticipatory, a reference must not only
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`explicitly or inherently disclose every claimed feature, but those features must also
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`be “arranged as in the claim.” Differences between the prior art reference and a
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`claimed invention, however slight, invoke the question of obviousness, not
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`anticipation.
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`B. Obviousness
`I understand that a claimed invention is not patentable if it would have
`25.
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`been obvious to a person of ordinary skill in the field of the invention at the time
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`the invention was made. I understand that in determining whether a patent claim is
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`obvious, one must consider the following four factors: (i) the scope and content of
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`the prior art, (ii) the differences between the prior art and the claims at issue, (iii)
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`the knowledge of a person of ordinary skill in the pertinent art; and (iv) objective
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`factors indicating obviousness or non-obviousness, if present (such as commercial
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`success or industry praise).
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`26.
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`I understand the objective factors indicating obviousness or non-
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`obviousness may include: commercial success of products covered by the patent
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`claims; a long-felt need for the invention; failed attempts by others to make the
`
`Petitioner Apple Inc.
`Ex. 1003, p. 9
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`invention; copying of the invention by others in the field; unexpected results
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`achieved by the invention; praise of the invention by those in the field; the taking
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`of licenses under the patent by others; expressions of surprise by experts and those
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`skilled in the art at the making of the invention; and the patentee proceeded
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`contrary to the accepted wisdom of the prior art. I also understand that any of this
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`evidence must be specifically connected to the invention rather than being
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`associated with the prior art or with marketing or other efforts to promote an
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`invention. I am not presently aware of any evidence of “objective factors”
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`suggesting the claimed methods are not obvious, and reserve my right to address
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`any such evidence if it is identified in the future.
`
`27.
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`In addition, I understand that the obviousness inquiry should not be
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`done in hindsight, but must be done using the perspective of a person of ordinary
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`skill in the relevant art as of the effective filing date of the patent claim.
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`28.
`
`I understand that the Supreme Court has rejected a rigid approach to
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`determining the question of obviousness, such as one that requires a challenger to
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`identify a “teaching, suggestion, or motivation to combine” known elements.
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`Instead, a challenger needs to articulate reasoning for combining known elements.
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`Such reasoning can be based on design considerations, market demands, looking to
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`solutions to related problems in related fields, and on the “ordinary innovation”
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`and creativity that would be applied by a person of ordinary skill in the art.
`
`Petitioner Apple Inc.
`Ex. 1003, p. 10
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`IPR2019-00913
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`29.
`
`I understand that an invention that might be considered an obvious
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`variation or modification of the prior art may be considered non-obvious if one or
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`more prior art references discourages or leads away from the line of inquiry
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`disclosed in the reference(s). A reference does not “teach away” from an invention
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`simply because the reference suggests that another embodiment of the invention is
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`better or preferred. My understanding of the doctrine of teaching away requires a
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`clear indication that the combination should not be attempted (e.g., because it
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`would not work or explicit statements saying the combination should not be made).
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`III. BACKGROUND INFORMATION ABOUT THE ’533 PATENT
`A. Effective Filing Date of the ’533 Patent
`30. The ’533 patent is titled “Short-wave infrared super-continuum lasers
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`for detecting counterfeit or illicit drugs and pharmaceutical process control.” It
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`issued from U.S. Application No. 14/875,709, filed on October 6, 2015, and claims
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`priority to U.S. provisional application No. 61/747,487 (’487 Provisional)), filed
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`on December 31, 2012, and the benefit of U.S. Application No. 14/108,986 (’986
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`Application), filed on December 17, 2013.
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`31.
`
`I have reviewed the ’487 Provisional and do not believe that it
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`supports the claims of the ’533 patent in the manner required by 35 U.S.C. § 112.
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`The ’487 Provisional does not describe a measurement device that communicates
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`with a personal device, where the personal device wirelessly transmits data to a
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`Petitioner Apple Inc.
`Ex. 1003, p. 11
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`IPR2019-00913
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`remote device for further processing as required by independent claims 5 and 13.
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`The provisional describes a detection system that can send data to “a
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`computational system, comprising computers or other processing equipment,” but
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`there is no disclosure that the computing system can send data it has processed to a
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`remote system for additional processing. Ex.1015, [0066], [0074] (describing a
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`computer system 1811). The provisional also describes a camera that can
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`wirelessly interface with a computer, table, or smartphone, but there is no
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`disclosure of those devices sending the camera data to a remote device. Ex.1015,
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`[0068]. Claim 7 further specifies that “the remote device is capable of transmitting
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`information related to a time and a position associated with the at least a portion of
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`the processed data.” The provisional contains no disclosure of any device
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`transmitting a time and a position. Nor does the provisional describe any device
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`transmitting data to a doctor, healthcare provider, or a cloud-based server as
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`specified in claim 7. It is therefore my opinion that the provisional application
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`does not demonstrate that the inventor was in possession of a device with these
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`elements of the claims.
`
`The Prosecution History of The ’533 Patent
`B.
`32. The original claims that became Claims 5 and 13 did not recite LEDs
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`as the light source, lenses, how the light source was configured to increase signal-
`
`to-noise ratio or synchronizing the receiver to the light source. Ex.1002 (FH) at
`
`Petitioner Apple Inc.
`Ex. 1003, p. 12
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`Declaration of Dr. Anthony
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`114-118, 499-504, 759-764. The Examiner rejected those original claims as
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`obvious over the prior art, Ex.1002 (FH) at 343-355, and maintained that rejection
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`after the claims were amended to recite the first three of those elements. Ex.1002
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`(FH) at 717-728. The patentee then added the limitation that the receiver “is
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`configured to be synchronized to the light source,” and the claims were allowed.
`
`Ex.1002 (FH) at 756, 759-764, 777-785.
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`C. Technical Field
`33. The ’533 patent generally relates to optical sensors and devices that
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`use optical sensors for measurement of physiological signals or biological
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`parameters.
`
`D. Level of Ordinary Skill in the Art
`I have been instructed that the claims of a patent are to be reviewed
`34.
`
`from the point of view of a hypothetical person of ordinary skill in the art at the
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`time of the filing of the patent.
`
`35.
`
`I understand that Apple has contended that a person of ordinary skill
`
`in the art in the art (“skilled person”) at the relevant time frame would have been a
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`person with a good working knowledge of optical sensing techniques and their
`
`applications, and some familiarity with optical system design and signal processing
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`techniques. That knowledge would have been gained via an undergraduate
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`education in engineering (electrical, mechanical, biomedical or optical) or a related
`
`Petitioner Apple Inc.
`Ex. 1003, p. 13
`
`

`

`IPR2019-00913
`
`Declaration of Dr. Anthony
`
`field of study, along with relevant experience in studying or developing
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`physiological monitoring devices (e.g., non-invasive optical biosensors) in industry
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`or academia. This description is approximate; varying combinations of education
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`and practical experience also would be sufficient. I agree that Apple’s description
`
`is consistent with my view of a person of ordinary skill in the art.
`
`36. Well before December 2012, my level of skill in the art was at least
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`that of a person of ordinary skill in the art in the field of the ’533 patent, as
`
`discussed above. I am qualified to provide opinions concerning what a person of
`
`ordinary skill in the art would have known and understood at that time. In
`
`preparing this declaration, I have considered the issues from the perspective of a
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`hypothetical person of ordinary skill in the art on December 31, 2012.
`
`IV. TECHNICAL BACKGROUND
`Photoplethysmography
`A.
`37. The use of optical sensors to detect physiological parameters,
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`including photoplethysmography, has been known for decades. Optical techniques
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`are commonly used in medical monitoring systems such as pulse oximetry systems
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`that measure a person’s pulse rate and blood oxygen saturation. Ex.1019
`
`(Biomedical Engineering Handbook) at 769-76, 1346-55 (discussing oximetry and
`
`other applications).
`
`Petitioner Apple Inc.
`Ex. 1003, p. 14
`
`

`

`IPR2019-00913
`
`Declaration of Dr. Anthony
`
`38. Photoplethysmography works by directing light into a person’s tissue
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`and measuring the light that is reflected back from or transmitted through the
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`tissue. Ex.1019 (Biomedical Engineering Handbook) at 764. Different
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`components of blood or tissue absorb different wavelengths of light. By measuring
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`how much light is absorbed by the tissue and how the absorption changes over
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`time, a device can calculate parameters that are related to the properties of the
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`tissue.
`
`39. For example, hemoglobin (the protein molecule in blood that carries
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`oxygen to cells) reflects more red light when it is more oxygenated than when it is
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`deoxygenated; it absorbs more red light when it is deoxygenated. Ex.1019
`
`(Biomedical Engineering Handbook) at 769. Hemoglobin reflects the same
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`amount of infrared (IR) light whether oxygenated or deoxygenated. Ex.1019
`
`(Biomedical Engineering Handbook) at 769. If a device measures the absorbed red
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`and IR light multiple times per second, the device can determine several things: (i)
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`the ratio of oxygenated to deoxygenated hemoglobin (oxygen saturation), and (ii)
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`how the volume of blood in the tissue changes, allowing it to detect a person’s
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`pulse. Ex.1019 (Biomedical Engineering Handbook) at 769, 771.
`
`40. Photoplethysmography is an optical technique, and it uses basic
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`optical components or building blocks. The “basic building blocks” of optical
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`sensor sys