Omni MedSci, Inc. v. Apple Inc.
`Case No. 2:18-cv-134-RWS (E.D. Tex.)
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`DEFENDANT’S INVALIDITY CONTENTIONS
`August 28, 2018
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`EXHIBIT N-1, p. 1
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`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
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`each dependent claim, the disclosures cited for the claim from which it depends are incorporated by reference.
`agreement or view as to the meaning, definiteness, written description support for, or enablement of any of the asserted claims. For
`that Omni contends the claims are not invalid under 35 U.S.C. § 112. However, Apple’s below contentions do not represent Apple’s
`As set forth in Apple’s Invalidity Contentions, the below contentions apply the prior art in part in accordance with Apple’s assumption
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`Combinations Chart.
`’533 Patent”) or renders those claims obvious alone and/or in view of at least any of the references identified in Apple’s Obviousness
`U.S. Appl. Pub. No. 2005/0049468 to Carlson et al. (“Carlson”) anticipates the asserted claims of U.S. Patent No. 9,651,533 (“the
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`§§ 102(a) and (b)
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`Prior Art Status:
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`March 3, 2005
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`U.S. Patent No. 9,651,533 vs Carlson
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`EXHIBIT N-1
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`Priority Date/Publication Date:
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`EXHIBIT N-1, p. 2
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`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
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`means of the architecture of the pulsoximeter sensor.” Carlson at [0006].
`Therefore, suppression of environmental optical radiation, e.g. sunlight, is difficult by geometric
`“Human tissue scatters and transmits light in the visible and near infrared (NIR) wavelength range.
`
`[0050].
`also possible to have two light emitting sources arranged, which means two LEDs.” Carlson at
`the range of 800 to 1000 nm, which means in the present case at 890 nm. Therefore, it is of course
`“The light source is emitting light at two wavelengths, at 660 nm and a second wavelength within
`wavelengths is a near-infrared wavelength between 700 nanometers and 2500 nanometers.”
`Carlson discloses and/or renders obvious “wherein at least a portion of the one or more optical
`
`See CHART ONE: ’533 Patent, Claim Element 13A below.
`optical beam with one or more optical wavelengths.”
`sources that are light emitting diodes, the light emitting diodes configured to generate an output
`Carlson discloses and/or renders obvious “a light source comprising a plurality of semiconductor
`See also Carlson at [0011]-[0013]
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`[0002].
`the measurement signal versus environmental disturbances and energy consumption.” Carlson at
`with increasing the technical performance of pulsoximetry in terms of quality and robustness of
`pulsation and oxygen saturation in arterial human or animal blood, and is particularly concerned
`“The invention relates in particular to optical pulsoximetry used for non-invasive measurement of
`system.”
`To the extent the preamble is limiting, Carlson discloses and/or renders obvious “[a] measurement
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`U.S. Appl. Pub. No. 2005/0049468 to Carlson et al. (“Carlson”)
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`CHART ONE: U.S. Patent No. 9,651,533 vs Carlson
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`nanometers and 2500 nanometers,
`wavelength between 700
`wavelengths is a near-infrared
`the one or more optical
`[5B] wherein at least a portion of
`optical wavelengths,
`optical beam with one or more
`configured to generate an output
`diodes, the light emitting diodes
`sources that are light emitting
`plurality of semiconductor
`[5A] a light source comprising a
`
`comprising:
`[5] A measurement system,
`Asserted Claim of ’533 Patent
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`EXHIBIT N-1, p. 3
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`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
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`Carlson at Fig. 4:
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`shadow, artificial light, etc.” Carlson at [0010].
`in rough (optical) environmental conditions, e.g. at changing light influences, such as sunlight,
`sensor for robust application of pulsoximetry in telemedicine- and near patient testing applications
`increasing the Signal-to-Noise ratio (S/N) and Signal-to-Background ratio (S/B) of a pulsoximeter
`“It is therefore an object of the present invention to define optical and/or electronic means for
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`bundled and, in addition, the optical signal power can be increased.” Carlson at [0054].
`respectively, can be reduced substantially by increasing the S/B ratio. First of all, the light beam is
`using the beam shaping optics 21, of course the influence of environmental light or noise,
`are guided in form of bundled beams 12 to a relatively small area within the middle ear 2. By
`“As it is shown clearly in FIG. 4, using the beam shaping optics 21, the two initial light beams 8
`by increasing a pulse rate of at least one of the plurality of semiconductor sources.”
`ratio by increasing a light intensity from at least one of the plurality of semiconductor sources and
`Carlson discloses and/or renders obvious “the light source configured to increase signal-to-noise
`See also Carlson at [0003], [0055], [0056], [0062].
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`semiconductor sources;
`one of the plurality of
`increasing a pulse rate of at least
`of semiconductor sources and by
`from at least one of the plurality
`by increasing a light intensity
`to increase signal-to-noise ratio
`[5C] the light source configured
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`U.S. Appl. Pub. No. 2005/0049468 to Carlson et al. (“Carlson”)
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`Asserted Claim of ’533 Patent
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`EXHIBIT N-1, p. 4
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`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
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`light, is very small and as a consequence is approximately neglectable. Any noise or sunlight
`shown at the top of the signal contribution due to physiological signal and which is due to ambient
`have a basic signal contribution due to physiological signal. The signal contribution which is
`signal. Therefore, as shown in FIG. 8, the frequency spectrum of signal at the photo diode does
`f0−5 Hz and f0+5 Hz is the consequence of the influence of the frequency due to physiological
`chosen frequency of the emitted light to operate the pulsoximeter sensor and the range between
`shift spectrum of signal to a region where there is little influence, e.g. of ambient light. F0 is the
`increasing significantly the Signal-to-Noise and Signal-to-Background ratio. FIG. 8 shows the
`and parasitic contributions of environmental optical radiation outside the frequency fc+/−5 Hz
`approximately 1000 Hz. Thus, the pulsoximeter signals are readily discriminated from electronic
`spectrum of sunlight and of ambient light which, according to FIG. 7 b, is in the range of above
`light but as pulsed light. The frequency is chosen in such a way that it is outside the frequency
` “As a consequence, it is therefore proposed to emit light by the LEDs not as current or continuous
`
`
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`U.S. Appl. Pub. No. 2005/0049468 to Carlson et al. (“Carlson”)
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`Asserted Claim of ’533 Patent
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`OMNI 2127 - IPR2020-00175
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`EXHIBIT N-1, p. 5
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`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
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`Carlson at Fig. 4:
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`signal/Background ratio.” Carlson at [0014].
`detected by the pulsoximeter sensor, and thus increasing the Signal-Noise – and
`animal tissue and the photon detecting element in order to increase the optical signal power,
`lenses, to direct the emitted optical radiation of, e.g., the LED light source into the human or
`“The basic idea therefore is to use a beam-shaping element, such as e.g. diffractive or refractive
`sample.”
`to receive a portion of the output optical beam and to deliver an analysis output beam to a
`Carlson discloses and/or renders obvious “an apparatus comprising a plurality of lenses configured
`See also Carlson at [0067]-[0068].
`f0−5 Hz to f0+5 Hz.” Carlson at [0069].
`we end up by a diagram according to FIG. 9 b only showing any measurements in the range of
`the range of 0 to 120 Hz. The respective filter is shown in form of the dashed line 51. As a result,
`at FIG. 9, it is possible to arrange a filter band pass 51 which is e.g. removing any frequencies in
`it is even possible to use an additional filter removing a certain frequency spectrum. Looking e.g.
`chosen at any other frequency, as e.g. 2000 Hz or even higher. By using light source modulation,
`outside of any indoor light source, as e.g. halogen light, conventional light, etc. f0 of course can be
`pulsoximetric sensor. F0 could be e.g., as mentioned, 1000 Hz which of course is a frequency far
`the range of approximately f0−5 Hz to f0+5 Hz, will not influence the measurement of the
`within the range of 0 to 120 Hz, while the light beam for the pulsoximetric measurement is within
`
`analysis output beam to a sample
`optical beam and to deliver an
`receive a portion of the output
`plurality of lenses configured to
`[5D] an apparatus comprising a
`
`U.S. Appl. Pub. No. 2005/0049468 to Carlson et al. (“Carlson”)
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`Asserted Claim of ’533 Patent
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`EXHIBIT N-1, p. 6
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`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
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`steps:
`oxygen saturation in blood or breathing frequency, which comprises at least one of the following
`methods according to the invention. Proposed is a method for monitoring e.g. pulsation frequency,
`“Furthermore, the above mentioned problem is solved according to the invention by means of
`
`addition, the optical signal power can be increased.” Carlson at [0054].
`reduced substantially by increasing the S/B ratio. First or all, the light beam is bundled and, in
`shaping optics 21, of course the influence of environmental light or noise, respectively, can be
`form of bundled beams 12 to a relatively small area within the middle ear 2. By using the beam
`clearly in FIG. 4, using the beam shaping optics 21, the two initial light beams 8 are guided in
`optical radiation 8 emitted from the two LEDs 15 to the middle of the earlobe. As it is shown
`“Therefore, it is proposed, as shown in FIG. 4, to use beam shaping optics 20 to direct the emitted
`
`
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`U.S. Appl. Pub. No. 2005/0049468 to Carlson et al. (“Carlson”)
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`Asserted Claim of ’533 Patent
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`EXHIBIT N-1, p. 7
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`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
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`baffles.” Carlson at [0041].
`“FIG. 6c an oximetric sensor in perspective view, containing optical lenses, filters and geometrical
`
`at [0022]-[0024].
`determining the light transmitted through the tissue portion of the person or the animal.” Carlson
`receiving and detecting the emitted and shaped light with at least one light receiving element for
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`e.g. a diffractive or refractive lens to the human or animal tissue;
`direct the emitted light or optical radiation, respectively, by using a beam shaping element, such as
`
`comprises at least one light source which can emit light at least at two wavelengths:
`blood values or blood composition with the use of at least one measuring sensor, which sensor
`data, which describe the cardiovascular and pulmonary function and/or contain data regarding
`measuring or monitoring medically relevant data of a person or an animal, such as in particular
`
`U.S. Appl. Pub. No. 2005/0049468 to Carlson et al. (“Carlson”)
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`Asserted Claim of ’533 Patent
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`EXHIBIT N-1, p. 8
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`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
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`of the light source at a carrier frequency in order to shift the power spectrum of the pulsoximeter
`at least one light source frequency modulating means to frequency modulate the optical radiation
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`person, and
`as at least one light receiver for determining the light transmitted through a tissue portion of the
`sensor comprises at least one light source which can emit light at least at two wavelengths, as well
`pulmonary function and/or contained data regarding blood values or blood composition, which
`medically relevant data, such as in particular data, which describe the cardio vascular and
`at least one measuring sensor on the person or the animal for the acquisition or the monitoring of
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`configuration is proposed which comprises at least the following components:
`“Again, in addition to the above mentioned two configurations, or as an alternative, a further
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`the light source.”
`Carlson discloses and/or renders obvious “wherein the receiver is configured to be synchronized to
`See also Carlson at [0016], [0019], [0050], [0075], Claims 1, 2, 5 and 9.
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`[0052].
`receiver in such a way so that the light reflected through the earlobe is determined.” Carlson at
`“According to an alternative design of the sensor, it could also be possible to arrange the light
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`person or the animal.” Carlson at [0011]-[0012].
`as at least one light receiver for determining the light transmitted through a tissue portion of the
`components: … at least one light source which can emit light at least at two wavelengths, as well
`“Proposed is a configuration for monitoring which comprises at least one of the following
`output signal.”
`portion of the analysis output beam reflected or transmitted from the sample and to generate an
`Carlson discloses and/or renders obvious “a receiver configured to receive and process at least a
`lenses 21 to be guided as beams 12 through the earlobe 2.” Carlson at [0062].
`“Again, light is emitted from the two LEDs 15 and is shaped by the two beam shaping elements or
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`the light source;
`configured to be synchronized to
`[5F] wherein the receiver is
`
`an output signal,
`from the sample and to generate
`beam reflected or transmitted
`portion of the analysis output
`receive and process at least a
`[5E] a receiver configured to
`
`U.S. Appl. Pub. No. 2005/0049468 to Carlson et al. (“Carlson”)
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`Asserted Claim of ’533 Patent
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`EXHIBIT N-1, p. 9
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`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
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`shift spectrum of signal to a region where there is little influence, e.g. of ambient light. F0 is the
`increasing significantly the Signal-to-Noise and Signal-to-Background ratio. FIG. 8 shows the
`and parasitic contributions of environmental optical radiation outside the frequency fc+/−5 Hz
`approximately 1000 Hz. Thus, the pulsoximeter signals are readily discriminated from electronic
`spectrum of sunlight and of ambient light which, according to FIG. 7 b, is in the range of above
`light but as pulsed light. The frequency is chosen in such a way that it is outside the frequency
`“As a consequence, it is therefore proposed to emit light by the LEDs not as current or continuous
`
`electronic band pass filtering is technologically less stringent.” Carlson at [0027].
`signals into a higher frequency range where an environmental optical radiation is unlikely and
`the LED at the carrier frequency Fc in order to shift the power spectrum of the pulsoximeter
`Lock-In Amplification detection means is to temporarily modulate the optical radiation of, e.g.,
`Coupling or Lock-In Amplification detection means. The basic idea of using AC-Coupling or
`to temporarily modulate the amplitude of the optical radiation of the light source by using e.g. AC-
`“Again, in addition to the above mentioned two methods or as an alternative, it is further proposed
`
`filtering is technically less stringent.” Carlson at [0020].
`frequency range where environmental optical radiation is unlikely and electronic band pass
`frequency Fc in order to shift the power spectrum of the pulsoximeter signals into a higher
`is to temporarily modulate the amplitude of the optical radiation of, e.g., the LED at a carrier
`signals. The basic idea of using AC-Coupling or Lock-In Amplification (synchronous detection),
`of the light source at a carrier frequency in order to shift the power spectrum of the pulsoximeter
`“At least one light source frequency modulating means to frequency modulate the optical radiation
`
`ratio.” Carlson at [0018].
`frequency range of, e.g. fc +/−5 Hz, increasing significantly the S/N (Signal/Noise)- and S/B
`from electronic and parasitic contributions of environmental optical radiation outside the
`filtering is technologically less stringent. Thus, the pulsoximeter signals are readily discriminated
`frequency range where environmental optical radiation is unlikely and electronic band pass
`frequency fc in order to shift the power spectrum of the pulsoximeter signals into a higher
`is to temporarily modulate the amplitude of the optical radiation of, e.g., the LED at a carrier
`signals. The basic idea of using AC-Coupling or Lock-In Amplification (synchronous detection),
`
`U.S. Appl. Pub. No. 2005/0049468 to Carlson et al. (“Carlson”)
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`Asserted Claim of ’533 Patent
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`EXHIBIT N-1, p. 10
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`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
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`technology.” Carlson at [0077].
`of radio frequency. Well known these days is wireless transmission using ‘Bluetooth’
`“The measured values can be transmitted via a wire connection or wireless, e.g. within the range
`
`microprocessor and a touch screen.”
`wireless transmitter, a display, a microphone, a speaker, one or more buttons or knobs, a
`Carlson discloses and/or renders obvious “a personal device comprising a wireless receiver, a
`See also Carlson at [0065].
`
`screen,
`microprocessor and a touch
`more buttons or knobs, a
`microphone, a speaker, one or
`wireless transmitter, a display, a
`comprising a wireless receiver, a
`[5G] a personal device
`
`known out of the state of the art.” Carlson at [0070].
`measurement. Again, this reverse face shifting on modulation according to Lock-In technique is
`shifting or modulation has to be executed to calculate the real values of the Pulsoximetric
`“Finally, after the measurements with pulse light have been executed, of course a reversed phase
`
`f0−5 Hz to f0+5 Hz.” Carlson at [0069].
`we end up by a diagram according to FIG. 9 b only showing any measurements in the range of
`the range of 0 to 120 Hz. The respective filter is shown in form of the dashed line 51. As a result,
`at FIG. 9, it is possible to arrange a filter band pass 51 which is e.g. removing any frequencies in
`it is even possible to use an additional filter removing a certain frequency spectrum. Looking e.g.
`chosen at any other frequency, as e.g. 2000 Hz or even higher. By using light source modulation,
`outside of any indoor light source, as e.g. halogen light, conventional light, etc. f0 of course can be
`pulsoximetric sensor. F0 could be e.g., as mentioned, 1000 Hz which of course is a frequency far
`the range of approximately f0−5 Hz to f0+5 Hz, will not influence the measurement of the
`within the range of 0 to 120 Hz, while the light beam for the pulsoximetric measurement is within
`light, is very small and as a consequence is approximately neglectable. Any noise or sunlight
`shown at the top of the signal contribution due to physiological signal and which is due to ambient
`have a basic signal contribution due to physiological signal. The signal contribution which is
`signal. Therefore, as shown in FIG. 8, the frequency spectrum of signal at the photo diode does
`f0−5 Hz and f0+5 Hz is the consequence of the influence of the frequency due to physiological
`chosen frequency of the emitted light to operate the pulsoximeter sensor and the range between
`
`U.S. Appl. Pub. No. 2005/0049468 to Carlson et al. (“Carlson”)
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`Asserted Claim of ’533 Patent
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`OMNI 2127 - IPR2020-00175
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`EXHIBIT N-1, p. 11
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`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
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`hospital, etc. so that help can be organised. Furthermore, it is possible to include e.g. a so-called
`signal could be generated which can be transmitted to a respective person, to a medical doctor, to a
`within a predetermined range. In other words, health problems could be detected and an alarm
`by the person or patient, respectively, where e.g. a signal is generated, if the measured value is not
`“Taking prior art into consideration, the measured values can be monitored at a special unit worn
`technology.” Carlson at [0077].
`of radio frequency. Well known these days is wireless transmission using ‘Bluetooth’
`“The measured values can be transmitted via a wire connection or wireless, e.g. within the range
`signal is configured to be transmitted over a wireless transmission link.”
`Carlson discloses and/or renders obvious “and wherein at least a portion of the processed output
`monitoring configuration.” Carlson at [0078].
`GPS device which at any time gives the location of the person using the pulsoximetric sensor
`hospital, etc. so that help can be organised. Furthermore, it is possible to include e.g. a so-called
`signal could be generated which can be transmitted to a respective person, to a medical doctor, to a
`within a predetermined range. In other words, health problems could be detected and an alarm
`by the person or patient, respectively, where e.g. a signal is generated, if the measured value is not
`“Taking prior art into consideration, the measured values can be monitored at a special unit worn
`technology.” Carlson at [0077].
`of radio frequency. Well known these days is wireless transmission using ‘Bluetooth’
`“The measured values can be transmitted via a wire connection or wireless, e.g. within the range
`display the processed output signal.”
`Carlson discloses and/or renders obvious “wherein the personal device is configured to store and
`technology.” Carlson at [0077].
`of radio frequency. Well known these days is wireless transmission using ‘Bluetooth’
`“The measured values can be transmitted via a wire connection or wireless, e.g. within the range
`least a portion of the output signal.”
`Carlson discloses and/or renders obvious “the personal device configured to receive and process at
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`U.S. Appl. Pub. No. 2005/0049468 to Carlson et al. (“Carlson”)
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`a wireless transmission link; and
`configured to be transmitted over
`of the processed output signal is
`[5J] and wherein at least a portion
`
`the processed output signal,
`is configured to store and display
`[5I] wherein the personal device
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`signal,
`at least a portion of the output
`configured to receive and process
`[5H] the personal device
`Asserted Claim of ’533 Patent
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`EXHIBIT N-1, p. 12
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`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
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`signal could be generated which can be transmitted to a respective person, to a medical doctor, to a
`within a predetermined range. In other words, health problems could be detected and an alarm
`by the person or patient, respectively, where e.g. a signal is generated, if the measured value is not
`“Taking prior art into consideration, the measured values can be monitored at a special unit worn
`technology.” Carlson at [0077].
`of radio frequency. Well known these days is wireless transmission using ‘Bluetooth’
`“The measured values can be transmitted via a wire connection or wireless, e.g. within the range
`and a position associated with the at least a portion of the processed data.”
`recipients, and wherein the remote device is capable of transmitting information related to a time
`personal device, a doctor, a healthcare provider, a cloud-based server and one or more designated
`locations, wherein the one or more other locations is selected from the group consisting of the
`further configured to transmit at least a portion of the processed data to one or more other
`Carlson discloses and/or renders obvious “[t]he system of claim 5, wherein the remote device is
`monitoring configuration.” Carlson at [0078].
`GPS device which at any time gives the location of the person using the pulsoximetric sensor
`hospital, etc. so that help can be organised. Furthermore, it is possible to include e.g. a so-called
`signal could be generated which can be transmitted to a respective person, to a medical doctor, to a
`within a predetermined range. In other words, health problems could be detected and an alarm
`by the person or patient, respectively, where e.g. a signal is generated, if the measured value is not
`“Taking prior art into consideration, the measured values can be monitored at a special unit worn
`technology.” Carlson at [0077].
`of radio frequency. Well known these days is wireless transmission using ‘Bluetooth’
`“The measured values can be transmitted via a wire connection or wireless, e.g. within the range
`to process the received output status to generate processed data and to store the processed data.”
`transmission link an output status comprising the at least a portion of the processed output signal,
`Carlson discloses and/or renders obvious “a remote device configured to receive over the wireless
`monitoring configuration.” Carlson at [0078].
`GPS device which at any time gives the location of the person using the pulsoximetric sensor
`
`capable of transmitting
`wherein the remote device is
`designated recipients, and
`based server and one or more
`healthcare provider, a cloud-
`personal device, a doctor, a
`from the group consisting of the
`more other locations is selected
`locations, wherein the one or
`data to one or more other
`least a portion of the processed
`further configured to transmit at
`wherein the remote device is
`[7] The system of claim 5,
`
`store the processed data.
`to generate processed data and to
`process the received output status
`of the processed output signal, to
`comprising the at least a portion
`transmission link an output status
`to receive over the wireless
`[5K] a remote device configured
`
`U.S. Appl. Pub. No. 2005/0049468 to Carlson et al. (“Carlson”)
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`Asserted Claim of ’533 Patent
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`EXHIBIT N-1, p. 13
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`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
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`between the LED 15 and the photo detector 11 can be adjusted or adapted to the thickness of the
`pulsoximetric sensor. In this case, of course, other means have to be provided, so that the distance
`pulsoximetric sensor or due to swelling or contracting of the tissue to be monitored by the
`and does not change its dimensions due to strong movements or an individual carrying the
`Because of that, according to FIGS. 10 a and 10 b, it is proposed to use a frame 61 which is stable
`means for the beam path to be co-linear with the optical axis of the LED and the photo detector.
`preferred to further provide means for stabilizing the signal guiding and detecting and to provide
`divert substantially from the optical axis of the LED and the photo detector. Therefore, it is
`and the photo detector 11 would increase and, what is even more critical, the beam path could
`e.g. an earlobe of an ear 2, as shown in FIG. 2, would swell, than the distance between the LED 15
`human or animal tissue during the measurement with the pulsoximetric sensor. In other words, if
`strong movements of the human or animal individual or due to swelling or contracting of the
`mentioned that when using a clip for fixing a pulsoximetric sensor, problems could occur due to
`“Coming back to the fixing system, which means a clip as shown in FIGS. 1 and 2, it has to be
`transmitted through the earlobe and the light reflected by the earlobe.” Carlson at [0052].
`alternative, it could even be possible by arranging at least two light receivers to determine the light
`a way so that the light reflected through the earlobe is determined. Again, according to a further
`to an alternative design of the sensor, it could also be possible to arrange the light receiver in such
`pulsoximetric sensors can also be arranged e.g. at the ear of animals, such as e.g. cows. According
`finger or a toe. In addition, the monitoring can also be executed at animals, which means that
`“Of course, the sensor can also be arranged at other parts of the human body, such as e.g. at a
`diode.”
`a first signal from the first light emitting diode and a second signal from the second light emitting
`distance from a second one of the plurality of light emitting diodes such that the receiver receives
`a first distance from a first one of the plurality of light emitting diodes and a different, second
`Carlson discloses and/or renders obvious “[t]he system of claim 5, wherein the receiver is located
`
`monitoring configuration.” Carlson at [0078].
`GPS device which at any time gives the location of the person using the pulsoximetric sensor
`hospital, etc. so that help can be organised. Furthermore, it is possible to include e.g. a so-called
`
`U.S. Appl. Pub. No. 2005/0049468 to Carlson et al. (“Carlson”)
`
`emitting diode.
`signal from the second light
`emitting diode and a second
`first signal from the first light
`such that the receiver receives a
`plurality of light emitting diodes
`distance from a second one of the
`diodes and a different, second
`the plurality of light emitting
`first distance from a first one of
`wherein the receiver is located a
`[8] The system of claim 5,
`data.
`least a portion of the processed
`a position associated with the at
`information related to a time and
`Asserted Claim of ’533 Patent
`
`OMNI 2127 - IPR2020-00175
`
`

`

`EXHIBIT N-1, p. 14
`
`
`
`
`
`
`
`
`
`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
`
`
`
`Carlson at [0075].
`beam path has always been co-linear with the optical axis 67 of the LED and the photo detector.”
`15 and the photo detector 11 can be adjusted along the optical axis 67 which guarantees that the
`mechanism or out of the clamping mechanism 63. In other words, the distance between the LED
`LED a screw connection 65 is arranged, so that the LED 15 can be moved into the clamping
`arranged within a clamping mechanism 63 and that between the clamping mechanism 63 and the
`tissue to be monitored. Therefore, according to FIG. 10 a, it is proposed that the LED 15 is
`between the LED 15 and the photo detector 11 can be adjusted or adapted to the thickness of the
`pulsoximetric sensor. In this case, of course, other means have to be provided, so that the distance
`pulsoximetric sensor or due to swelling or contracting of the tissue to be monitored by the
`and does not change its dimensions due to strong movements or an individual carrying the
`Because of that, according to FIGS. 10 a and 10 b, it is proposed to use a frame 61 which is stable
`means for the beam path to be co-linear with the optical axis of the LED and the photo detector.
`preferred to further provide means for stabilizing the signal guiding and detecting and to provide
`divert substantially from the optical axis of the LED and the photo detector. Therefore, it is
`and the photo detector 11 would increase and, what is even more critical, the beam path could
`e.g. an earlobe of an ear 2, as shown in FIG. 2, would swell, than the distance between the LED 15
`human or animal tissue during the measurement with the pulsoximetric sensor. In other words, if
`strong movements of the human or animal individual or due to swelling or contracting of the
`mentioned that when using a clip for fixing a pulsoximetric sensor, problems could occur due to
`“Coming back to the fixing system, which means a clip as shown in FIGS. 1 and 2, it has to be
`Carlson at [0073].
`beam path has always been co-linear with the optical axis 67 of the LED and the photo detector.”
`15 and the photo detector 11 can be adjusted along the optical axis 67 which guarantees that the
`mechanism or out of the clamping mechanism 63. In other words, the distance between the LED
`LED a screw connection 65 is arranged, so that the LED 15 can be moved into the clamping
`arranged within a clamping mechanism 63 and that between the clamping mechanism 63 and the
`tissue to be monitored. Therefore, according to FIG. 10 a, it is proposed that the LED 15 is
`
`U.S. Appl. Pub. No. 2005/0049468 to Carlson et al. (“Carlson”)
`
`Asserted Claim of ’533 Patent
`
`OMNI 2127 - IPR2020-00175
`
`

`

`EXHIBIT N-1, p. 15
`
`
`
`
`
`
`
`
`
`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
`
`Carlson at [0073].
`beam path has always been co-linear with the optical axis 67 of the LED and the photo detector.”
`15 and the photo detector 11 can be adjusted along the optical axis 67 which guarantees that the
`mechanism or out of the clamping mechanism 63. In other words, the distance between the LED
`LED a screw connection 65 is arranged, so that the LED 15 can be moved into the clamping
`arranged within a clamping mechanism 63 and that between the clamping mechanism 63 and the
`tissue to be monitored. Therefore, according to FIG. 10 a, it is proposed that the LED 15 is
`between the LED 15 and the photo detector 11 can be adjusted or adapted to the thickness of the
`pulsoximetric sensor. In this case, of course, other means h