throbber
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 Y
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`EXHIBIT Y-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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`Chart.
`renders those claims obvious alone and/or in view of at least any of the references identified in Apple’s Obviousness Combinations
`U.S. Patent No. 9,596,990 B2 to Park et al. (“Park”) anticipates the asserted claims of U.S. Patent No. 9,651,533 (“the ’533 Patent”) or
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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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`§§102(a), (b), (d)
`§§ 102(a), (b), (e) (Pre-AIA)
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`June 24, 2013/Nov. 6, 2013/Mar. 21, 2017 Prior Art Status:
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`U.S. Patent No. 9,651,533 vs Park
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`EXHIBIT Y-1
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`Priority Date/Publication Date:
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`EXHIBIT Y-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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` (Park, Fig. 1)
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`heart rate of the user using data which is representative of the scattered light.” (Park, Abstract)
`along a predetermined path to an outer surface of the housing. Processing circuitry calculates a
`disposed in the housing and optically coupled to the light source directs/transmits light therefrom
`wavelength, and a photodetector to detect scattered light (e.g., from the user). A light pipe is
`physiological sensor may include a light source to generate and output light having at least a first
`housing, to generate data which is representative of a physiological condition of the user data. The
`least one band to secure the monitoring device to the user, a physiological sensor, disposed in the
`including a housing having a physical size and shape that is adapted to couple to the user's body, at
`“The present inventions, in one aspect, are directed to portable biometric monitoring device
`system.”
`To the extent the preamble is limiting, Park discloses and/or renders obvious “[a] measurement
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`U.S. Patent No. 9,596,990 B2 to Park et al. (“Park”)
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`CHART ONE: U.S. Patent No. 9,651,533 vs Park
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`comprising:
`[5] A measurement system,
`Asserted Claim of ’533 Patent
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`EXHIBIT Y-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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` (Park, Fig. 2)
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`U.S. Patent No. 9,596,990 B2 to Park et al. (“Park”)
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`Asserted Claim of ’533 Patent
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`EXHIBIT Y-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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` (Park, Fig. 3)
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`U.S. Patent No. 9,596,990 B2 to Park et al. (“Park”)
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`Asserted Claim of ’533 Patent
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`EXHIBIT Y-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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` (Park, Fig. 5)
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`U.S. Patent No. 9,596,990 B2 to Park et al. (“Park”)
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`Asserted Claim of ’533 Patent
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`EXHIBIT Y-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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` (Park, Fig. 9)
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`U.S. Patent No. 9,596,990 B2 to Park et al. (“Park”)
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`Asserted Claim of ’533 Patent
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`EXHIBIT Y-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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` (Park, Fig. 18)
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` (Park, Fig. 10)
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`U.S. Patent No. 9,596,990 B2 to Park et al. (“Park”)
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`Asserted Claim of ’533 Patent
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`EXHIBIT Y-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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`internet viewable source such as a website.” (Park, 1:49-53)
`within range of a wireless base station or access point, the stored data automatically uploads to an
`“The device may implement wireless communications so that when the user and device comes
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`display data from other devices or Internet sources.” (Park, 1:44-48)
`of the data types available and/or being tracked/acquired. The user interface may also be used to
`“The device may have a user interface directly on the device that indicates the state of one or more
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`rate.” (Park, 1:34-43)
`may detect one or many of physiological metrics including, but not limited to, the user's heart
`manipulating the biometric monitoring device, through one or a plurality of sensors, the device
`other internet-viewable sources. (See, for example, FIG. 1). While the user is wearing or
`sensors and/or external devices and communicates or relays such information to other devices or
`collect one or more types of physiological and/or environmental data from embedded or resident
`“The present inventions relate to a biometric monitoring device and methods and techniques to
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` (Park, Fig. 25)
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`U.S. Patent No. 9,596,990 B2 to Park et al. (“Park”)
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`Asserted Claim of ’533 Patent
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`EXHIBIT Y-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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`mold labeling or “IML”;” (Park, 2:48-64)
`photodetectors are disposed or placed; notably, the transparent layer may be formed through in-
`other functions such as preventing liquid from entering the device where the light sources or
`lower surface of the sensor protrusion to form a seal wherein the transparent layer may provide
`photodetector are placed on a flexible PCB); a flexible transparent layer may be placed on the
`the device body and being detected by the photodetector (in one embodiment, the light sources and
`light sources and the photodetector to prevent any light from the light sources from going through
`photoplethysmography (PPG) sensing wherein light blocking material may be placed between the
`the photodetector (for example, either side or opposing sides of a photodetector) to enable
`monitoring device; notably, two light sources (e.g. LED's) may be located on one or more sides of
`“FIG. 5 illustrates a cross sectional view of a sensor protrusion of an exemplary portable biometric
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`predetermined or fixed relational contact with the skin of the user);” (Park, 2:37-44)
`may more firmly maintain the sensor in contact with the skin of the user (for example,
`protrusion and recess for mating a charger and/or data transmission cable; notable, the protrusion
`for example, FIG. 2; notably, in this embodiment, the portable monitoring device includes a sensor
`“FIG. 3 illustrates a view of the skin facing portion of the portable biometric monitoring device of,
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`elastic band, a “rubber” band, and/or a watch-like band);” (Park, 2:26-36)
`a band having memory of its shape (e.g. through the use of, for example, a spring metal band,
`example, an appendage of the user, for example, via hooks and loops (e.g., Velcro), a clasp, and/or
`or attachment band is employed to secure the portable biometric monitoring device to the user, for
`a display, button(s), electronics package, and/or a band or an attachment band; notably, the band
`the user through the use of a band; the exemplary portable biometric monitoring device may have
`“FIG. 2 illustrates an exemplary portable biometric monitoring device which may be secured to
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`communicate with an external device (for example, a client and/or server);” (Park, 2:19-25)
`biometric sensor(s), memory, environmental sensor(s) and/or a wireless transceiver which may
`user interface, wherein the portable monitoring device may have a user interface, processor,
`“FIG. 1 illustrates an exemplary portable monitoring device which enables user interaction via a
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`U.S. Patent No. 9,596,990 B2 to Park et al. (“Park”)
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`Asserted Claim of ’533 Patent
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`EXHIBIT Y-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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`connected to a processor;” (Park, 4:55-60)
`sensor, altitude sensor, skin conductance/wet sensor and communication circuitry which is
`device having a heart rate or PPG sensor, motion sensor, display, vibromotor/vibramotor, location
`“FIG. 25 illustrates certain circuitry/elements of an exemplary portable biometric monitoring
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`analog signal conditioning;” (Park, 4:28-31)
`FIG. 17; in this embodiment, however, the sensor employs a sample and hold circuit as well as
`“FIG. 18 illustrates an exemplary PPG sensor which is similar to the embodiment illustrated in
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`45)
`may receive, for example, the maximum possible amount of scattered/reflected light;” (Park, 3:28-
`in addition, the vertex of these foci overlap or are very close together so that the photodetector
`to a certain depth and location which coincides with an area where blood flow is likely to occur);
`defocusing to enhance and/or optimize the PPG signal (for example, the contour may focus light
`pipes which face the user's skin may also contoured wherein this contour may provide focusing or
`coupling between the LEDs and photodetectors to the light pipes; notably, the end of the light
`photodetector and LEDs to the user's skin and are contoured to enhance and/or maximize light flux
`with the skin of the user); in this embodiment, the surface of light pipes are connect the
`sensor in contact with the skin of the user (for example, predetermined or fixed relational contact
`and/or minimize any discomfort to the user during operation and/or to more firmly maintain the
`“FIG. 10 illustrates an exemplary PPG detector having a protrusion with curved sides to reduce
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`example, defined by the geometry and/or material of the light pipe;” (Park, 3:17-27)
`pipes; notably, the light pipes preferentially direct or transmit light along a predetermined path, for
`scatters/reflects off of blood in the body, some of which reaches the photodetector via the light
`the surface of the user's skin, wherein, in operation, the light from the light sources
`notably, in this embodiment, light pipes are optically connected the LED's and photodetector to
`which may be disposed or located in a portable biometric monitoring device having a protrusion;
`“FIG. 9 illustrates an exemplary PPG sensor having a photodetector and two LED light sources
`
`U.S. Patent No. 9,596,990 B2 to Park et al. (“Park”)
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`Asserted Claim of ’533 Patent
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`EXHIBIT Y-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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`emitted by the LED may be switched from infrared to green when the user's skin temperature or
`physiological data obtained and/or sampled by the detector. For example, the color of the light
`emitted by the LED is adjusted and/or controlled to optimize and/or enhance the “quality” of the
`physiological data being acquired or conditions of operation. Here, the wavelength of the light
`LEDs) may be modified, adjusted and/or controlled in accordance with a predetermined type of
`“Indeed, in one embodiment, the color or wavelength of the light emitted by the LED (or set of
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`may provide data used to determine or detect SpO2.” (Park, 10:50-11:3)
`IR spectrum) and photodiode positioned to sample, measure and/or detect a response or reflection
`infrared spectrum (for example, an LED that emits light having wavelengths corresponding to the
`corresponding to the red spectrum) and a light source emitting light having a wavelength in the
`wavelength in the red spectrum (for example, an LED that emits light having wavelengths
`used to determine or detect heart rate. In contrast, a light source emitting light having a
`photodiode positioned to sample, measure and/or detect a response or reflection may provide data
`example, an LED that emits light having wavelengths corresponding to the green spectrum) and
`in one embodiment, a light source emitting light having a wavelength in the green spectrum (for
`be collected and physiological parameter (of the user) to be assessed or determined. For instance,
`detect one or more wavelengths that are also specific or directed to a type of physiological data to
`type of physiological data to be collected. The optical detectors may sample, measure and/or
`“The source(s) may emit light having one or more wavelengths which are specific or directed to a
`wavelengths is a near-infrared wavelength between 700 nanometers and 2500 nanometers.”
`Park discloses and/or renders obvious “wherein at least a portion of the one or more optical
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`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
`Park discloses and/or renders obvious “a light source comprising a plurality of semiconductor
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`U.S. Patent No. 9,596,990 B2 to Park et al. (“Park”)
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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
`Asserted Claim of ’533 Patent
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`EXHIBIT Y-1, p. 12
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`Omni MedSci, Inc. v. Apple Inc.
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`human visible spectrum).” (Park, 11:32-57)
`greater efficiency than light of other wavelengths (for example, light having a wavelength in
`characteristics to create a specific bandpass characteristic, for example, to pass infrared light with
`implemented wherein the structure uses a material with predetermined or desired optical
`example, in one embodiment, an In-Mold-Labeling or “IML” light transmissive structure may be
`This bandpass filter may be tuned to improve the signal of a specific physiological data type. For
`predetermined wavelengths with higher efficiency than others, thereby acting as a bandpass filter.
`structures may include a material that selectively transmits light having one or more specific or
`emitter(s) and/or light detector(s). In one embodiment, the light pipes or other light transmissive
`thereby improving SNR of the photo detector and/or reducing power consumption of the light
`may employ a material and/or optical design to facilitate low light loss (for example, a lens)
`by the optical circuitry through the same or similar structures. Indeed, the transmissive structures
`structures. Scattered or reflected light from the user's body may be directed back to and detected
`directed from the light source to the skin of the user through light pipes or other light transmissive
`transmissive structures. (See, for example, FIGS. 8-10). In this regard, in one embodiment, light is
`“The biometric monitoring device, in one embodiment, may employ light pipes or other light
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`to the human eye.” (Park, 11:17-31)
`to pass but not light in the human visual spectrum. In this way, the light transmission is invisible
`glass layer (for example, painted with infrared ink) or an infrared lens which permits infrared light
`receiving light may be disposed in the interior of the device housing and underneath a plastic or
`for example, one or more photodiodes. In one embodiment, the circuitry related to emitting and
`and a response or reflection to pass into the housing to be sampled, measured and/or detected by,
`selected wavelength) to be emitted by, for example, one or more LEDs, onto the skin of the user
`sensors and the user. Here, the window may permit light (for example, a substantial portion of a
`visually opaque window) in the housing to facilitate optical transmission between the optical
`“The biometric monitoring device, in one embodiment, includes a window (for example, a
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`(See, for example, FIG. 20).” (Park, 11:4-16)
`the ambient temperature is cool in order to enhance the signal corresponding to cardiac activity.
`
`U.S. Patent No. 9,596,990 B2 to Park et al. (“Park”)
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`Asserted Claim of ’533 Patent
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`EXHIBIT Y-1, p. 13
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`Omni MedSci, Inc. v. Apple Inc.
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`increasing a pulse rate of at least one of the plurality of semiconductor sources.”
`by increasing a light intensity from at least one of the plurality of semiconductor sources and by
`Park discloses and/or renders obvious “the light source configured to increase signal-to-noise ratio
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`physiological data being acquired.” (Park, 15:49-16:7)
`device may be modified, adjusted and/or controlled in accordance with a predetermined type of
`spectrum. In one embodiment, the color of the skin or interior side of the biometric monitoring
`enhanced due to the emission preferential of a wavelength of the light corresponding to the red
`the skin or interior side of the biometric monitoring is red, the measurements of the SpO2 may be
`the preferential emission of a wavelength of the light corresponding to the green spectrum. Where
`of the biometric monitoring is green, the measurements of the heart rate may be enhanced due to
`improve the signal of certain physiological data types. For example, where the skin or interior side
`characteristics (for example, reflect certain or predetermined wavelengths of light), in order to
`interior side of the biometric monitoring device is selected to provide certain optical
`device body back that is non-reflective. Notably, in one embodiment, the color of the skin or
`improve the SNR. Indeed, this effectively increases the input light signal as compared with a
`skin side of the device may be scattered/reflected back into the skin in order to, for example,
`stainless steel, reflective paint, and polished plastic. In this way, light scattered/reflected off the
`the skin or interior side which includes high reflectivity characteristic—for example, polished
`“As intimated above, the portable biometric monitoring device may include a material disposed on
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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
`
`U.S. Patent No. 9,596,990 B2 to Park et al. (“Park”)
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`Asserted Claim of ’533 Patent
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`EXHIBIT Y-1, p. 14
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`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
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` (Park, Fig. 19)
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` (Park, Fig. 18)
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`U.S. Patent No. 9,596,990 B2 to Park et al. (“Park”)
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`Asserted Claim of ’533 Patent
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`EXHIBIT Y-1, p. 15
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`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
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`from a light source toward the user's skin and the reflection is sensed by a light detector, wherein
`“FIG. 17 depicts an exemplary schematic block diagram of an optical sensor where light is emitted
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`15).” (Park, 7:7-30)
`example, enable more accurate adaptive filtering on the heart rate signal. (See, for example, FIG.
`sensor(s) may be placed into a higher sampling rate and/or higher sampling resolution mode to, for
`the biometric monitoring device determines or detects such user activity or motion, the motion
`example, periods where the amount of user motion exceeds a certain threshold). In this way, when
`resolution mode of the motion sensor(s) during such periods of user activity or motion (for
`data). Moreover, the biometric monitoring device may adjust or modify the sampling rate and/or
`increase the sampling resolution mode of sensors employed to acquire heart rate measurement or
`exceeds a certain threshold, the biometric monitoring device may increase the sampling rate and/or
`mode of sensors which acquire heart rate data (for example, where the amount of user motion
`user activity or motion may be employed to adjust or modify the sampling rate and/or resolution
`or data (for example, to improve robustness to motion artifact). For instance, data indicative of
`or modify characteristics of triggering, acquiring and/or obtaining desired heart rate measurement
`data indicative of user activity or motion (for example, from one or more motion sensors) to adjust
`“In another embodiment, the biometric monitoring device of the present inventions may employ
`
` (Park, Fig. 22)
`
`U.S. Patent No. 9,596,990 B2 to Park et al. (“Park”)
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`Asserted Claim of ’533 Patent
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`EXHIBIT Y-1, p. 16
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`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
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`The power provided to the light source, light detector, and differential amplifier may be controlled
`through, for example, the use of a sample and hold circuit and analog signal conditioning circuitry.
`analog average or analog lowpass filtered signal is subtracted from the output of the light detector
`light detector output and amplified before it is digitized by the ADC. In another embodiment, an
`embodiment, a digital average or digital lowpass filtered signal is subtracted from the output of the
`relative changes in the output of the light detector output. (See, for example, FIG. 22). In one
`“In another embodiment, the sensor device may incorporate a differential amplifier to amplify the
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`is then digitized by the ADC. (See, for example, FIG. 18).” (Park, 16:32-47)
`within frequency bands of interest (e.g., 0.1 Hz to 10 Hz for cardiac or respiratory function) which
`a Sallen-Key bandpass filter, level shifter, and/or gain circuit) to condition and amplify the signal
`The output of the sample and hold may be presented to an analog signal conditioning circuit (e.g.,
`the sample and hold circuitry may be, for example, a diode (e.g., Schottky diode) and capacitor.
`circuit may not have to maintain an accurate copy of the output of the light detector. In such cases,
`light detector output are of primary importance (e.g., heart rate measurement), the sample and hold
`attenuated to save power. In embodiments of the present inventions where relative changes in the
`(or equivalent) to maintain the output of the light detector while the light source is turned off or
`“In another embodiment, the sensor device may incorporate the use of a sample and hold circuit
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`or more internal or external ADCs, FPGAs, ASICs, etc.” (Park, 16:8-31)
`MCU, or the use of a MCU for that matter. Other possible implementations include the use of one
`does not limit the implementation of such a system to, for instance, an ADC integrated within a
`the device such as motion, galvanic skin response, etc. FIG. 17 is provided for illustration and
`networks, hysteresis, and the like, and may also employ information derived from other sensors in
`proportional-integral-derivative (PID) control, fixed step control, predictive control, neural
`of the sensor device may be achieved through linear or nonlinear control methods such as
`signal from the light detector within a desired range of output values. Notably, the active control
`detector. As another example, the light source intensity may be increased to maintain the output
`the output of the light source may be reduced to avoid saturation of the output signal from the light
`module) to maintain a desirable scattered/reflected intensity signal. For example, the intensity of
`intensity of the light source may be modified (e.g., through a light source intensity control
`the output of the detector is subsequently digitized by an analog to digital converter (ADC). The
`
`U.S. Patent No. 9,596,990 B2 to Park et al. (“Park”)
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`Asserted Claim of ’533 Patent
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`EXHIBIT Y-1, p. 17
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`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
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` (Park, Fig. 5)
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`receive a portion of the output optical beam and to deliver an analysis output beam to a sample.”
`Park discloses and/or renders obvious “an apparatus comprising a plurality of lenses configured to
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`brightness and/or turned off completely.” (Park, 17:26-41)
`light is of sufficient brightness to obtain a heart rate signal, the light source may be reduced in
`detector (e.g., synchronous detection). (See, for example, FIG. 21). In other aspects, if the ambient
`by amplitude modulating the intensity of the light source and demodulating the output of the light
`the present inventions, the device may incorporate little to no optical shielding from ambient light
`set of resistors in the negative feedback path of the transimpedance amplifier. In embodiment of
`amplifier may be automatically adjusted and/or reduced with a variable resistor and/or multiplexed
`light and/or bright emitted light from the light source. For example, the gain of the transimpedance
`with variable gain. Such a configuration may avoid or minimize saturation from bright ambient
`“In one embodiment, the light detector module may incorporate a transimpedance amplifier stage
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`savings.” (Park, 17:12-25)
`separately from the power provided to the analog signal conditioning circuit to improve power
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`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. Patent No. 9,596,990 B2 to Park et al. (“Park”)
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`Asserted Claim of ’533 Patent
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`EXHIBIT Y-1, p. 18
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`
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`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
`
` (Park, Fig. 7)
`
` (Park, Fig. 6)
`
`U.S. Patent No. 9,596,990 B2 to Park et al. (“Park”)
`
`Asserted Claim of ’533 Patent
`
`
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`OMNI 2129 - IPR2020-00175
`
`

`

`EXHIBIT Y-1, p. 19
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`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
`
` (Park, Fig. 9)
`
`U.S. Patent No. 9,596,990 B2 to Park et al. (“Park”)
`
`Asserted Claim of ’533 Patent
`
`
`
`OMNI 2129 - IPR2020-00175
`
`

`

`EXHIBIT Y-1, p. 20
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`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
`
`in one embodiment, a light source emitting light having a wavelength in the green spectrum (for
`be collected and physiological parameter (of the user) to be assessed or determined. For instance,
`detect one or more wavelengths that are also specific or directed to a type of physiological data to
`type of physiological data to be collected. The optical detectors may sample, measure and/or
`“The source(s) may emit light having one or more wavelengths which are specific or directed to a
`
`pigmentation level.” (Park, 10:34-49)
`variability, oxygen saturation (SpO2), blood volume, blood glucose, skin moisture and/or skin
`obtain data which is representative of, for example, a user's heart rate, respiration, heart rate
`data which may then be processed or analyzed (for example, by resident processing circuitry) to
`light sources and detectors. These optical detectors sample, acquire and/or detect physiological
`or pattern that enhances or optimizes the SNR and/or reduces or minimizes power consumption by
`(and/or from inside the body). The one or more sources and detectors may be arranged in an array
`detector samples, acquires and/or detects a response or scattered/reflected light from the skin
`device, in operation, a light source emits light upon the skin of the user and, in response, a light
`“Where optical sensors are disposed or arranged on the skin side of the biometric monitoring
`
` (Park, Fig. 10)
`
`U.S. Patent No. 9,596,990 B2 to Park et al. (“Park”)
`
`Asserted Claim of ’533 Patent
`
`
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`OMNI 2129 - IPR2020-00175
`
`

`

`EXHIBIT Y-1, p. 21
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`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
`
`example, in one embodiment, an In-Mold-Labeling or “IML” light transmissive structure may be
`This bandpass filter may be tuned to improve the signal of a specific physiological data type. For
`predetermined wavelengths with higher efficiency than others, thereby acting as a bandpass filter.
`structures may include a material that selectively transmits light having one or more specific or
`emitter(s) and/or light detector(s). In one embodiment, the light pipes or other light transmissive
`thereby improving SNR of the photo detector and/or reducing power consumption of the light
`may employ a material and/or optical design to facilitate low light loss (for example, a lens)
`by the optical circuitry through the same or similar structures. Indeed, the transmissive structures
`structures. Scattered or reflected light from the user's body may be directed back to and detected
`directed from the light source to the skin of the user through light pipes or other light transmissive
`transmissive structures. (See, for example, FIGS. 8-10). In this regard, in one embodiment, light is
`“The biometric monitoring device, in one embodiment, may employ light pipes or other light
`
`to the human eye.” (Park, 11:17-31)
`to pass but not light in the human visual spectrum. In this way, the light transmission is invisible
`glass layer (for example, painted with infrared ink) or an infrared lens which permits infrared light
`receiving light may be disposed in the interior of the device housing and underneath a plastic or
`for example, one or more photodiodes. In one embodiment, the circuitry related to emitting and
`and a response or reflection to pass into the housing to be sampled, measured and/or detected by,
`selected wavelength) to be emitted by, for example, one or more LEDs, onto the skin of the user
`sensors and the user. Here, the window may permit light (for example, a substantial portion of a
`visually opaque window) in the housing to facilitate optical transmission between the optical
`“The biometric monitoring device, in one embodiment, includes a window (for example, a
`
`may provide data used to determine or detect SpO2.” (Park, 10:50-11:3)
`IR spectrum) and photodiode positioned to sample, measure and/or detect a response or reflection
`infrared spectrum (for example, an LED that emits light having wavelengths corresponding to the
`corresponding to the red spectrum) and a light source emitting light having a wavelength in the
`wavelength in the red spectrum (for example, an LED that emits light having wavelengths
`used to determine or detect heart rate. In contrast, a light source emitting light having a
`photodiode positioned to sample, measure and/or detect a response or reflection may provide data
`example, an LED that emits light having wavelengths corresponding to the green spectrum) and
`
`U.S. Patent No. 9,596,990 B2 to Park et al. (“Park”)
`
`Asserted Claim of ’533 Patent
`
`
`
`OMNI 2129 - IPR2020-00175
`
`

`

`EXHIBIT Y-1, p. 22
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`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
`
`heart rate of the user using data which is representative of the scattered light.” (Park, Abstract)
`along a predetermined path to an outer surface of the housing. Processing circuitry calculates a
`disposed in the housing and optically coupled to the light source directs/transmits light therefrom
`wavelength, and a photodetector to detect scattered light (e.g., from the user). A light pipe is
`physiological sensor may include a light source to generate and output light having at least a first
`housing, to generate data which is representative of a physiological condition of the user data. The
`least one band to secure the monitoring device to the user, a physiological sensor, disposed in the
`including a housing having a physical size and shape that is adapted to couple to the user's body, at
`“The present inventions, in one aspect, are directed to portable biometric monitoring device
`output signal.”
`portion of the analysis output beam reflected or transmitted from the sample and to generate an
`Park discloses and/or renders obvious “a receiver configured to receive and process at least a
`
`human visible spectrum).” (Park, 11:32-57)
`greater efficiency than light of other wavelengths (for example, light having a wavelength in
`characteristics to create a specific bandpass characteristic, for example, to pass infrared light with
`implemented wherein the structure uses a material with predetermined or desired optical
`
`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. Patent No. 9,596,990 B2 to Park et al. (“Park”)
`
`Asserted Claim of ’533 Patent
`
`
`
`OMNI 2129 - IPR2020-00175
`
`

`

`EXHIBIT Y-1, p. 23
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`Case No. 2:18-cv-134-RWS (E.D. Tex.)
`Omni MedSci, Inc. v. Apple Inc.
`
` (Park, Fig. 3)
`
`U.S. Patent

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