`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`OMNI MEDSCI, INC.,
`Patent Owner.
`
`______________
`
`
`U.S. Patent No. 9,651,533
`
`IPR Case No.: IPR2019-00916
`
`______________
`
`
`
`
`
`DECLARATION OF DUNCAN L. MACFARLANE, Ph.D., P.E.
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`Atty. Dkt. No.: OMSC0110IPR2
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`TABLE OF CONTENTS
`
`List of Exhibits ........................................................................................................... 3
`
`I.
`
`II.
`
`Summary of My Opinions ............................................................................... 4
`
`Qualifications and Professional Experience .................................................... 5
`
`III. Relevant Legal Standards ................................................................................ 7
`
`IV. Qualifications of one of ordinary skill in the art ............................................. 8
`
`V.
`
`Summary of the ‘533 Patent ............................................................................ 9
`
`VI. Challenged claims of the ‘533 patent ............................................................12
`
`VII. Claim Construction ........................................................................................14
`
`A. District Court Claim Constructions .....................................................14
`B.
`“pulse rate” ..........................................................................................14
`C.
`“the light source . . . configured to increase signal-to-noise ratio
`by . . . increasing a pulse rate.” ...........................................................14
`
`VIII. Overview of the prior art ...............................................................................17
`
`A. U.S. Patent No. 9,241,676 to Lisogurski .............................................17
`B.
`U.S. Patent Publication No. 2005/0049468 to Carlson .......................23
`C.
`U.S. Patent No. 5,746,206 to Mannheimer .........................................26
`
`IX. Rebuttal Opinions ..........................................................................................28
`
`A.
`
`B.
`
`C.
`
`Lisogurski does not disclose a “light source . . . configured to
`increase signal-to-noise ratio by . . . increasing a pulse rate.” ............28
`Carlson does not disclose a “light source . . . configured to
`increase signal-to-noise ratio by . . . increasing a pulse rate.” ............33
`Lisogurski and Carlson, taken together, do not render the
`challenged claims obvious. .................................................................37
`
`X.
`
`Conclusion .....................................................................................................40
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`
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`List of Exhibits
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`Atty. Dkt. No.: OMSC0110IPR2
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`Exhibit
`2120
`
`Description
`PCT Application Serial No. PCT/US2013/075767
`(Publication No. WO/2014/143276)
`2121 U.S. Patent Application Serial No. 14/109,007
`(Publication No. 2014/0236021)
`2123 Curriculum Vitae of Duncan L. MacFarlane, Ph.D,
`P.E.
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`
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`I, Duncan L. MacFarlane, hereby declare as follows:
`
`1.
`
`I am making this declaration at the request of Patent Owner, Omni
`
`MedSci, Inc., in the matter of Inter Partes Review of U.S. Patent No. 9,651,533 (“the
`
`‘533 Patent”) to Omni MedSci, Inc.
`
`2.
`
`I am being compensated for my work in this matter at a rate of
`
`$425/hour. My compensation in no way depends on the outcome of this proceeding.
`
`3.
`
`In preparation of this declaration, I have reviewed:
`
`• Apple’s petition for inter partes review, the challenged patents
`
`and claims, the prior art cited in Apple’s petition, Dr. Anthony’s
`
`declaration supporting Apple’s petition, the Board’s Institution
`
`Decision, the other documents cited in these documents, and
`
`other documents cited in my analysis below.
`
`• The relevant legal standards, including the standard for
`
`obviousness provided in KSR International Co. v. Teleflex, Inc.,
`
`550 U.S. 398 (2007); and
`
`• My knowledge and experience based upon my work and study in
`
`this area as described below.
`
`I.
`
`Summary of My Opinions
`
`4.
`
`The Board correctly determined in the Institution Decision that
`
`Lisogurski does not disclose a “light source . . . configured to increase signal-to-
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`noise ratio by . . . increasing a pulse rate.”
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`5.
`
`Carlson does not disclose a “light source . . . configured to increase
`
`signal-to-noise ratio by . . . increasing a pulse rate.”
`
`6.
`
`Lisogurski and Carlson, when taken together, neither disclose nor
`
`render obvious the challenged claims of the ‘533 patent.
`
`II. Qualifications and Professional Experience
`
`7.
`
`I have provided my full background in my curriculum vitae. (Ex.
`
`2123.) The following provides an overview of some of my experience that is
`
`relevant to the matters set forth in this declaration.
`
`8.
`
`I am a Professor in the Department of Electrical Engineering at The
`
`Bobby B. Lyle School of Engineering at Southern Methodist University (SMU) in
`
`Dallas, Texas. At SMU, I am the Associate Dean for Engineering Entrepreneurship
`
`and the Bobby B. Lyle Centennial Chair in Engineering Entrepreneurship. I
`
`previously served as Acting Executive Director of the Hart Center for Engineering
`
`Leadership at SMU. I am Executive Director of the Hart Institute for Technology,
`
`Innovation and Entrepreneurship.
`
`9.
`
`I am also Professor Emeritus of Electrical Engineering at The Erik
`
`Jonsson School of Engineering and Computer Science at the University of Texas at
`
`Dallas. At UT Dallas, I was an Assistant Professor of Electrical Engineering from
`
`1989 to 1994, an Associate Professor of Electrical Engineering from 1994 to 2001,
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`and a Professor of Electrical Engineering from 2001 to 2015.
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`Atty. Dkt. No.: OMSC0110IPR2
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`10. The university research laboratory I established at UT Dallas and now
`
`direct at SMU is called the Photonic Devices and Systems Laboratory (PDSL). Over
`
`the last decade I have been principal investigator (PI) or co-PI on grants and
`
`contracts totaling $5.4 Million of competitive research funding from the Defense
`
`Advanced Research Projects Agency (DARPA), National Institutes of Health (NIH),
`
`National Science Foundation (NSF), Office of Naval Research (ONR), National
`
`Reconnaissance Office (NRO), among others, to explore photonic devices and
`
`systems for communications and
`
`information processing, high bandwidth
`
`communications, and instrumentation.
`
`11.
`
`I earned an Sc.B. degree from Brown University in 1984, an Sc.M.
`
`degree from Brown University in 1985, and a Ph.D. degree from Portland State
`
`University 1989, all in Electrical Engineering. I earned an M.B.A. from Southern
`
`Methodist University in 1998.
`
`12.
`
`I have published 188 technical papers in journals and technical
`
`conferences and am an inventor of 17 issued patents covering various technologies,
`
`including high speed fiber optics, optical communications, displays, and optical
`
`instrumentation, including functional Near Infrared Spectroscopy.
`
`13.
`
`I am a Fellow of the Optical Society of America (OSA), and a senior
`
`member of the Institute of Electrical and Electronics Engineers (IEEE) Photonics
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`Society. Through the course of my research activities in industry and academia, I
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`Atty. Dkt. No.: OMSC0110IPR2
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`have had extensive experience with photonic components, devices and systems,
`
`including microlenses, filters, displays, fiber optics, communications systems,
`
`optical metrology and optical instrumentation. For example, I have published papers
`
`on, and am a named inventor of a patent covering improvements to functional near
`
`infrared spectroscopy (fNIRS). fNIRS is an optical instrument that measures
`
`physiologic changes. In an fNIRS instrument, infrared light is transmitted through a
`
`subject’s skull to spectroscopically measure the level of oxygenation of the blood
`
`supply to the cortex, and thus the physiologic measurement provides an indication
`
`of the level of neuronal activity in that region of the cortex of the brain.
`
`14.
`
`I am not an attorney and offer no legal opinions, but in the course of
`
`my work, I have had experience studying and analyzing patents and patent claims
`
`from the perspective of a person skilled in the art.
`
`III. Relevant Legal Standards
`
`15.
`
`It is my understanding that a claimed invention is unpatentable as
`
`obvious under 35 U.S.C. § 103 if the differences between the invention and the prior
`
`art are such that the subject matter as a whole would have been obvious at the time
`
`the alleged invention was made to a person having ordinary skill in the art to which
`
`the subject matter pertains. I also understand that an obviousness analysis takes into
`
`account factual inquiries including the level of ordinary skill in the art, the scope and
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`content of the prior art, and the differences between the prior art and the claimed
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`subject matter.
`
`16.
`
`It is my understanding that the Supreme Court has recognized several
`
`rationales for combining references or modifying a reference to show obviousness
`
`of the claimed subject matter. Some of these rationales include the following:
`
`combining prior art elements according to known methods to yield predictable
`
`results; simple substitution of one known element for another to obtain predictable
`
`results; a predictable use of prior art elements according to their established
`
`functions; applying a known technique to a known device to yield predictable
`
`results; choosing from a finite number of identified, predictable solutions, with a
`
`reasonable expectation of success; and some teaching, suggestion, or motivation in
`
`the prior art that would have led one of ordinary skill to modify the prior art reference
`
`or to combine prior art reference teachings to arrive at the claimed invention.
`
`IV. Qualifications of one of ordinary skill in the art
`
`17. Dr. Anthony asserts that a person of ordinary skill in the art at the
`
`relevant timeframe would have been a person with a good working knowledge of
`
`optical sensing techniques and their applications, and some familiarity with optical
`
`system design and signal processing techniques. (Anthony Decl., ¶35.) He asserts
`
`that knowledge would have been gained via an undergraduate education in
`
`engineering (electrical, mechanical, biomedical or optical) or a related field of study,
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`along with relevant experience in studying or developing physiological monitoring
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`Atty. Dkt. No.: OMSC0110IPR2
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`devices (e.g., non-invasive optical biosensors) in industry or academia. He also
`
`asserts that this description is approximate; varying combinations of education and
`
`practical experience also would be sufficient.
`
`18. For the purposes of this proceeding, I accept and apply Dr. Anthony’s
`
`opinion on the level of ordinary skill in the art.
`
`19.
`
`I have considered the prior art from the perspective of a hypothetical
`
`person of ordinary skill in the art at the relevant timeframe.
`
`V.
`
`Summary of the ‘533 Patent
`
`20. The ‘533 Patent describes measurement systems for non-invasive
`
`physiological measurements on human substances including blood. (See, e.g., Ex.
`
`1001, 8:30–34; 3:66-4:32.) The ’533 Patent describes using spectroscopy to inspect
`
`a sample “by comparing different features, such as wavelength (or frequency),
`
`spatial location, transmission, absorption, reflectivity, scattering, fluorescence,
`
`refractive index, or opacity.” Id. at 8:30–34. This may entail measuring various
`
`optical characteristics of the sample as a function of the wavelength of the source
`
`light by varying the wavelength of the source light or by using a broadband source
`
`of light. Id. at 8:35–46.
`
`21. Figure 24 of the ‘533 patent illustrates an exemplary physiological
`
`measurement system 2400. Color has been added for ease of reference.
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`22. The system includes wearable measurement device 2401, 2402, and
`
`2403 (shown in blue), personal device 2405 (shown in red), and cloud-based server
`
`2407 (shown in yellow). Id. at 26:49–27:20. The “wearable measurement device [is]
`
`for measuring one or more physiological parameters.” Id. at 5:35–37.
`
`23. Wearable measurement device includes light source 1801 made from a
`
`plurality of light emitting diodes that generate an output optical beam at one or more
`
`optical wavelengths, wherein at least one of the optical wavelengths is between 700
`
`and 2500 nanometers. Id. at 5:37–43, 18:46–48. The ‘533 specification discloses
`
`two operating modes for the LEDs: “continuous wave or pulsed mode of operation.”
`
`(Id. at 19:67-20:2.)
`
`24. The ‘533 Patent describes various techniques for improving the signal-
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`to-noise ratio (“SNR”) of the measurement. For example, the SNR may be improved
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`by increasing the light intensity from the light source. See, e.g., Ex. 1001 at 4:15–17
`
`(“More light intensity can help to increase the signal levels, and, hence, the signal-
`
`to-noise ratio.”). And in the “pulsed mode of operation,” if the device determines
`
`that the signal-to-noise ratio is unsatisfactory, it can increase the pulse rate to
`
`improve the signal-to-noise ratio. See, e.g., id. at 5:11–15 (“The light source is
`
`configured to increase signal-to-noise ratio by . . . increasing a pulse rate of at least
`
`one of the plurality of semiconductor sources.”); and 19:67-20:2 (“the LED output
`
`may more easily be modulated” and provides the option of a “pulsed mode of
`
`operation”).
`
`25. The ‘533 Patent specification explains that the change in pulse-rate is
`
`done by the device, not a manual adjustment. The ‘533 specification discloses that
`
`the LEDs may operate in a “pulsed mode of operation” during which a “pulse rate”
`
`is “increased” to increase SNR. (Ex. 1001 at 5:11–15; 19:67-20:2.) The
`
`specification states, “The light source is configured to increase signal-to-noise ratio
`
`by . . . increasing a pulse rate of at least one of the plurality of semiconductor
`
`sources.” (Id. at 5:11–15.) The specification states that “[b]y use of an active
`
`illuminator, a number of advantages may be achieved” including “higher signal-to-
`
`noise ratios.” (Id. at 16:54-58.) PCT Application Serial No. PCT/US2013/075767
`
`(Publication No. WO/2014/143276), which is incorporated by reference into the
`
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`‘533 specification, describes the use of an “active illuminator” to achieve “higher
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`Atty. Dkt. No.: OMSC0110IPR2
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`signal-to-noise ratios” despite “variations due to sunlight” and the “effects of the
`
`weather, such as clouds and rain.” (Ex. 1001 at 1:33-37; Ex. 2120 at 25-26, ¶[0079].)
`
`This is consistent with U.S. Patent Application Serial No. 14/109,007 (Publication
`
`No. 2014/0236021), also incorporated by reference into the ‘533 specification,
`
`which discloses that the modulation frequency of the light source is non-zero and
`
`can range between “0.1-100kHz.” (Ex. 1001 at 1:40-42; Ex 2121 at 4, ¶[0045].)
`
`26. The wearable measurement device also includes a plurality of lenses
`
`that receive a portion of the output optical beam from the light source and deliver an
`
`analysis beam to a sample. Id. at 5:47–50.
`
`27. The wearable measurement device also includes a receiver that receives
`
`at least a portion of the analysis beam that has been reflected from or transmitted
`
`through the sample, and processes that signal to generate an output signal. Id. at
`
`5:51–54.
`
`VI. Challenged claims of the ‘533 patent
`
`28. Apple challenges the patentability of claims 5, 7-10, 13, and 15-17 of
`
`the ‘533 patent.
`
`29.
`
`Independent claim 5 of the ‘533 patent is representative and reproduced
`
`below with emphasis added to illustrate the “light source . . . increasing a pulse rate”
`
`limitation on which I focus my opinions:
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`5. A measurement system comprising:
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`Atty. Dkt. No.: OMSC0110IPR2
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`a light source comprising a plurality of semiconductor sources that
`
`are light emitting diodes, the light emitting diodes configured to
`
`generate an output optical beam with one or more optical
`
`wavelengths, wherein at least a portion of the one or more optical
`
`wavelengths
`
`is a near-infrared wavelength between 700
`
`nanometers and 2500 nanometers,
`
`the light source configured to increase signal-to-noise ratio by
`
`increasing a light intensity from at least one of the plurality of
`
`semiconductor sources and by increasing a pulse rate of at least
`
`one of the plurality of semiconductor sources;
`
`an apparatus comprising a plurality of lenses configured to receive
`
`a portion of the output optical beam and to deliver an analysis
`
`output beam to a sample
`
`a receiver configured to receive and process at least a portion of the
`
`analysis output beam reflected or transmitted from the sample
`
`and to generate an output signal, wherein the receiver is
`
`configured to be synchronized to the light source;
`
`a personal device comprising a wireless receiver, a wireless
`
`transmitter, a display, a microphone, a speaker, one or more
`
`buttons or knobs, a microprocessor and a touch screen, the
`
`personal device configured to receive and process at least a
`
`portion of the output signal, wherein the personal device is
`
`configured to store and display the processed output signal, and
`
`wherein at least a portion of the processed output signal is
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`configured to be transmitted over a wireless transmission link;
`
`and
`
`a remote device configured to receive over the wireless transmission
`
`link an output status comprising the at least a portion of the
`
`processed output signal, to process the received output status to
`
`generate processed data and to store the processed data.
`
`VII. Claim Construction
`
`A. District Court Claim Constructions
`
`30.
`
`I understand the district court construed the claim limitations “beam”
`
`and “a plurality of lenses.” (Ex. 1003, ¶61.) These constructions are not relevant to
`
`my rebuttal opinions.
`
`B.
`
`“pulse rate”
`
`31.
`
`I understand that, in the lawsuit, the parties have agreed to the
`
`construction of “pulse rate” as a “number of pulses of light per unit of time.” (Ex.
`
`1003, ¶61.) While I understand this agreed definition, it is not needed for my
`
`analysis.
`
`C.
`
`“the light source . . . configured to increase signal-to-noise
`ratio by . . . increasing a pulse rate.”
`
`32.
`
`I understand that neither Petitioner nor Patent Owner proposed a
`
`construction for the claim limitation “the light source . . . configured to increase
`
`signal-to-noise ratio by . . . increasing a pulse rate” in the lawsuit. In the Institution
`
`Decision, the Board stated, “construction of the term is necessary, however, to
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`resolve the parties’ dispute about whether Lisogurski alone or in combination with
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`Carlson discloses such a light source.” (Paper No. 20 at 10.) The Board construed
`
`the claim limitation to mean “a light source containing two or more light emitting
`
`diodes (semiconductor sources), wherein at least one of the light emitting diodes is
`
`capable of having its pulse rate increased to increase a signal-to-noise ratio.” Id.
`
`(emphasis added).
`
`33. The Board’s construction essentially replaces
`
`the claim
`
`term
`
`“configured to” with the broader phrase “is capable of.” That substitution introduces
`
`ambiguity that is not present in the claims as written. In a patent claim, the phrase
`
`“is capable of” is broader that “configured to.” A device can be “capable of”
`
`operations even if it is not “configured to” perform those operations. For example,
`
`a cast iron frying pan is “capable of” hammering a nail but is not “configured to”
`
`hammer a nail.
`
`34. The Board’s construction also creates ambiguity as to whether the pulse
`
`rate is actively increased by the device itself, or manually increased by a human,
`
`such as manually reconfiguring the light source to increase the pulse rate. The claim,
`
`itself, written in active voice, specifies the “actor,” namely the “light source.” The
`
`Board’s construction uses passive voice, which deletes that requirement and permits
`
`a person to increase the pulse rate – something the original claim does not permit.
`
`35. The ‘533 Patent specification makes clear that the change in pulse-rate
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`is done by the device, not a manual adjustment. The ‘533 specification discloses
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`Atty. Dkt. No.: OMSC0110IPR2
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`that the LEDs may operate in a “pulsed mode of operation” during which a “pulse
`
`rate” is “increased” to increase SNR. (Ex. 1001 at 5:11–15; 19:67-20:2.) The
`
`specification states, “The light source is configured to increase signal-to-noise ratio
`
`by . . . increasing a pulse rate of at least one of the plurality of semiconductor
`
`sources.” (Id. at 5:11–15.) The specification states that “[b]y use of an active
`
`illuminator, a number of advantages may be achieved” including “higher signal-to-
`
`noise ratios.” (Id. at 16:54-58.) PCT Application Serial No. PCT/US2013/075767
`
`(Publication No. WO/2014/143276), which is incorporated by reference into the
`
`‘533 specification, describes the use of an “active illuminator” to achieve “higher
`
`signal-to-noise ratios” despite “variations due to sunlight” and the “effects of the
`
`weather, such as clouds and rain.” (Ex. 1001 at 1:33-37; Ex. 2120 at 25-26, ¶[0079].)
`
`This is consistent with U.S. Patent Application Serial No. 14/109,007 (Publication
`
`No. 2014/0236021), also incorporated by reference into the ‘533 specification,
`
`which discloses that the modulation frequency of the light source is non-zero and
`
`can range between “0.1-100kHz.” (Ex. 1001 at 1:40-42; Ex 2121 at 4, ¶[0045].)
`
`36.
`
`In addition, the specification explains that the “active illuminator” is
`
`used to achieve higher SNR despite “variations due to sunlight” and the “effects of
`
`the weather, such as clouds and rain.” (Ex. 1001 at 1:33-37; Ex. 2120 at 25-26,
`
`¶[0079].) Because sunlight variations and the weather are constantly changing
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`environmental conditions, it would be impractical—as a matter of common sense—
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`to have the user manually reconfigure the LED pulse rate as conditions change to
`
`achieve higher SNR as recited in the claims and as described in the specification.
`
`37. Based on my analysis, above, I believe that the proper interpretation of
`
`the claim language “the light source . . . configured to increase signal-to-noise ratio
`
`by . . . increasing a pulse rate” is “a light source, containing two or more light
`
`emitting diodes (semiconductor sources), where the light source is configured to
`
`increase the pulse rate of at least one of the light emitting diodes to increase signal-
`
`to-noise ratio.”
`
`VIII. Overview of the prior art
`
`38.
`
`In its institution decision, the Board summarized the disclosures of the
`
`prior art references Apple relies on in its petition. For convenience, I have
`
`reproduced the Board’s summary below.
`
`A. U.S. Patent No. 9,241,676 to Lisogurski
`
`39.
`
` Lisogurski is titled “Methods and Systems for Power Optimization in
`
`a Medical Device.” Lisogurski was filed on May 31, 2012 and issued on January 26,
`
`2016.
`
`40. Lisogurski discloses a “physiological monitoring system [that]
`
`monitor[s] one or more physiological parameters of a patient . . . using one or more
`
`physiological sensors.” Ex. 1011 3:44–46. The physiological sensors may include a
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`“pulse oximeter [that] non-invasively measures the oxygen saturation of a patient’s
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`blood.” Id. at 3:62–64. The pulse oximeter includes “a light sensor that is placed at
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`a sight on a patient, typically a fingertip, toe, forehead, or earlobe.” Id. at 4:6–7. The
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`light sensor “pass[es] light through blood perfused tissue and photoelectrically
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`sense[s] the absorption of the light in the tissue.” Id. at 4:8–10. The light sensor emits
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`“one or more wavelengths [of light] that are attenuated by the blood in an amount
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`representative of the blood constituent concentration,” and may include red and
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`infrared (IR) wavelengths of light. Id. at 4:42–48.
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`41. Figure 3 of Lisogurski is reproduced below.
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`42. Figure 3 of Lisogurski is “a perspective view of a physiological
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`monitoring system.” Id. at 2:23–25. The system includes sensor 312, monitor 314,
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`and multi-parameter physiological monitor 326. Id. at 17:35–36, 18:44–45. Sensor
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`312 includes “one or more light sources 316 for emitting light at one or more
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`wavelengths,” and detector 318 for “detecting the light that is reflected by or has
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`traveled through the subject’s tissue.” Id. at 17:37–42. Sensor 312 may have “[a]ny
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`suitable configuration of light source 316 and detector 318,” and “may include
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`multiple light sources and detectors [that] may be spaced apart.” Id. at 17:42–45.
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`Light source 316 may include “LEDs of multiple wavelengths, for example a red
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`LED and an IR [LED].” Id. at 19:25–27. Sensor 312 may be “wirelessly connected
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`to monitor 314.” Id. at 17:57–59.
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`43. Monitor 314 “calculate[s] physiological parameters based at least in
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`part on data relating to light emission . . . received from one or more sensor units
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`such as sensor unit 312.” Id. at 17:59–62. Monitor 314 includes “display 320 . . . to
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`display the physiological parameters,” and “speaker 322 to provide an audible . . .
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`alarm in the event a subject’s physiological parameters are not within a predefined
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`normal range.” Id. at 18:3–10. Monitor 314 is “communicatively coupled to multi-
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`parameter physiological monitor 326” (“MPPM 326”) and “may communicate
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`wirelessly” with MPPM 326. Id. at 18:58–61. Monitor 314 may also be “coupled to
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`a network to enable the sharing of information with servers or other workstations.”
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`Id. at 18:62–65.
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`44. Multi-parameter physiological monitor 326 may also “calculate
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`physiological parameters and . . . provide a display 328 for information from monitor
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`314.” Id. at 18:49–52. MPPM 326 may also be “coupled to a network to enable the
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`sharing of information with servers or other workstations.” Id. at 18:62–65. The
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`remote network servers may also “be used to determine physiological parameters,”
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`and may display the parameters on a remote display, display 320 of monitor 314, or
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`display 328 of MPPM 326. Id. at 20:53–58. The remote servers may also “publish
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`the data to a server or website,” or otherwise “make them available to a user.” Id. at
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`20:58–60.
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`45. Figure 1 of Lisogurski is reproduced below.
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`46. Figure 1 of Lisogurski is a “block diagram of an illustrative
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`physiological monitoring system.” Id. at 2:11–13. The system includes “sensor 102
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`and monitor 104 for generating and processing physiological signals of a subject.”
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`Id. at 10:44–46. Sensor 102 includes “light source 130 and detector 140.” Id. at
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`10:48–49. Light source 130 includes “a Red light emitting source and an IR light
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`emitting source,” such as Red and IR emitting LEDs, with the IR LED emitting light
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`with a “wavelength between about 800 nm and 1000 nm.” Id. at 10:52–58. Detector
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`140 “detect[s] the intensity of light at the Red and IR wavelengths,” converts them
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`to an electrical signal, and “send[s] the detection signal to monitor 104, where the
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`detection signal may be processed and physiological parameters determined.” Id. at
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`11:9–10, 11:20–23.
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`47. Monitor 104 includes user interface 180, communication interface 190,
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`and control circuitry 110 for controlling (a) light drive circuitry 120, (b) front end
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`processing circuitry 150, and (c) back end processing circuitry 170 via “timing
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`control signals.” Id., 11:33–38, Fig. 1. Light drive circuitry 120 “generate[s] a light
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`drive signal . . . used to turn on and off the light source 130, based on the timing
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`control signals.” Id. at 11:38–40. The light drive signal “control[s] the intensity of
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`light source 130 and the timing of when the light source 130 is turned on and off.”
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`Id. at 11:50–54. Front end processing circuitry 150 “receive[s] a detection signal
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`from detector 140 and provides one or more processed signals to back end processing
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`circuitry 170.” Id. at 12:42–45. Front end processing circuitry 150 also
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`“synchronize[s] the operation of an analog-to-digital converter and a demultiplexer
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`with the light drive signal based on the timing control signals.” Id. at 11:43–46.
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`48. Back end processing circuitry 170 “use[s] the timing control signals to
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`coordinate its operation with front end processing circuitry 150.” Id. at 11:46–49.
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`Backend processing circuitry 170 includes processor 172 and memory 174, and
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`“receive[s] and process[es] physiological signals received from front end processing
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`circuitry 150” in order to “determine one or more physiological parameters.” Id. at
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`14:56–57, 14:60–64. Backend processing circuitry 170 is “communicatively
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`coupled [to] user interface 180 and communication interface 190.” Id. at 15:16–18.
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`User interface 180 includes “user input 182, display 184, and speaker 186,” and may
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`include “a keyboard, a mouse, a touch screen, buttons, switches, [and] a
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`microphone.” Id. at 15:19–22. Communication interface 190 allows “monitor 104 to
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`exchange information with external devices,” and includes transmitters and receivers
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`to allo