`
`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. 10,188,299
`
`IPR Case No.: IPR2020-00175
`
`______________
`
`
`
`
`
`DECLARATION OF DUNCAN L. MACFARLANE, Ph.D., P.E.
`
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`
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`Case No.: IPR2020-00175
`Patent No.: 10,188,299
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`Atty. Dkt. No.: OMSC0117IPR1
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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 ‘299 Patent ............................................................................ 9
`
`VI. Challenged claims of the ‘299 patent ............................................................12
`
`VII. Claim Construction ........................................................................................14
`
`A. District Court Claim Constructions .....................................................14
`B.
`“the system configured to increase signal-to-noise ratio by . . .
`increasing a pulse rate” .......................................................................15
`
`VIII. Overview of the prior art ...............................................................................17
`
`A. U.S. Patent No. 9,241,676 to Lisogurski .............................................18
`B.
`U.S. Patent Publication No. 2005/0049468 to Carlson .......................23
`
`IX. Opinions .........................................................................................................26
`
`A.
`
`B.
`
`C.
`
`Lisogurski does not disclose a “system . . . configured to
`increase the signal-to-noise ratio by . . . increasing a pulse rate.” ......26
`Carlson does not disclose a “system . . . configured to increase
`the signal-to-noise ratio by . . . increasing a pulse rate.” ....................31
`Lisogurski and Carlson, taken together, do not render the
`challenged claims obvious. .................................................................35
`
`X.
`
`Conclusion .....................................................................................................38
`
`
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`List of Exhibits
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`Atty. Dkt. No.: OMSC0117IPR1
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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.
`2124 Board’s Institution Decision in IPR2019-000916
`(“916 DI”)
`
`
`
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`I, Duncan L. MacFarlane, declare as follows:
`
`Atty. Dkt. No.: OMSC0117IPR1
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`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. 10,188,299
`
`(“the ‘299 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 in IPR2019-000916 (“916 DI”)), 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 916 DI that Lisogurski does not
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`disclose a “system . . . configured to increase the signal-to-noise ratio by . . .
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`increasing a pulse rate.”
`
`5.
`
`Carlson does not disclose a “system . . . configured to increase the
`
`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 ‘299 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 and Computer
`
`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
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`1989 to 1994, an Associate Professor of Electrical Engineering from 1994 to 2001,
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`Atty. Dkt. No.: OMSC0117IPR1
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`and a Professor of Electrical Engineering from 2001 to 2015.
`
`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
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`member of the Institute of Electrical and Electronics Engineers (IEEE) Photonics
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`Atty. Dkt. No.: OMSC0117IPR1
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`Society. Through the course of my research activities in industry and academia, I
`
`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
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`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
`
`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. (Ex. 1003, Anthony Decl., ¶37.)
`
`He asserts that knowledge would have been gained via an undergraduate education
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`in engineering (electrical, mechanical, biomedical or optical) or a related field of
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`study, along with relevant experience in studying or developing physiological
`
`monitoring devices (e.g., non-invasive optical biosensors) in industry or academia.
`
`(Id.) He also asserts that this description is approximate; varying combinations of
`
`education and practical experience also would be sufficient. (Id.)
`
`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 ‘299 Patent
`
`20. The ‘299 Patent describes measurement systems for non-invasive
`
`physiological measurements on human substances including blood. (See, e.g., Ex.
`
`1001, 9:47-52; 5:16-49.) The ’299 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 9:49-52.) 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 9:52-64.)
`
`21. Figure 24 of the ‘299 patent illustrates an exemplary physiological
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`measurement system 2400. Color has been added for ease of reference.
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`
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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 30:16-54.) The “wearable measurement device [is]
`
`for measuring one or more physiological parameters.” (Id. at 6:48-50.)
`
`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 6:50-55, 20:2-5.) The ‘299 specification discloses two
`
`operating modes for the LEDs: “continuous wave or pulsed mode of operation.” (Id.
`
`at 22:42-45.)
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`24. The ‘299 Patent describes various techniques for improving the signal-
`
`to-noise ratio (“SNR”) of the measurement. For example, the SNR may be improved
`
`by increasing the light intensity from the light source. (See, e.g., Ex. 1001 at 5:32-
`
`34 “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 3:11-16 “The wearable device is
`
`configured to increase the signal-to-noise ratio by . . . increasing a pulse rate from
`
`an initial pulse rate from an initial pulse rate of at least one of the plurality of
`
`semiconductor sources”; and 22:43-45: “the LED output may more easily be
`
`modulated” and provides the option of a “pulsed mode of operation.”)
`
`25. The ‘299 Patent specification explains that the change in pulse-rate is
`
`done by the device, not a manual adjustment. The ‘299 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 3:11-16; 22:43-45.) The specification
`
`states, “The wearable device is configured to increase the signal-to-noise ratio by
`
`increasing a pulse rate from an initial pulse rate of at least one of the plurality of
`
`semiconductor sources.” (Id. at 3:11-16.) 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 29:3-4.)
`
`
`
` PCT Application Serial No.
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`PCT/US2013/075767 (Publication No. WO/2014/143276), which is incorporated by
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`Atty. Dkt. No.: OMSC0117IPR1
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`reference into the ‘299 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 1:22-44; 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
`
`‘299 specification, which discloses that the modulation frequency of the light source
`
`is non-zero and can range between “0.1-100kHz.” (Ex. 1001 at 1:7-21; 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 6:55-59.)
`
`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
`
`6:59-63.
`
`VI. Challenged claims of the ‘299 patent
`
`28. Apple challenges the patentability of claims 7 and 10-14 of the ‘299
`
`patent.
`
`29.
`
`Independent claim 7 of the ‘299 patent is reproduced below with
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`emphasis added to illustrate the “system . . . increasing a pulse rate” limitation on
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`which I focus my opinions:
`
`7. A system for measuring one or more physiological parameters
`
`comprising:
`
`a light source comprising a plurality of semiconductor sources that
`
`are light emitting diodes, each of the light emitting diodes
`
`configured to generate an output optical beam having 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;
`
`a lens configured to receive a portion of at least one of the output
`
`optical beams and to deliver a lens output beam to tissue;
`
`a detection system configured to receive at least a portion of the lens
`
`output beam reflected from the tissue and to generate an output
`
`signal having a signal-to-noise ratio, wherein the detection
`
`system 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
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`wherein at least a portion of the processed output signal is
`
`configured to be transmitted over a wireless transmission link;
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`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;
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`wherein the output signal is indicative of one or more of the
`
`physiological parameters, and the remote device is configured to
`
`store a history of at least a portion of the one or more
`
`physiological parameters over a specified period of time;
`
`the system configured to increase the signal-to-noise ratio by
`
`increasing light intensity of at least one of the plurality of
`
`semiconductor sources from an initial light intensity and by
`
`increasing a pulse rate of at least one of the plurality of
`
`semiconductor sources from an initial pulse rate; and
`
`the detection system further configured to:
`
`generate a first signal responsive to light while the light emitting
`
`diodes are off,
`
`generate a second signal responsive to light received while at least
`
`one of the light emitting diodes is on, and
`
`increase the signal-to-noise ratio by differencing the first signal and
`
`the second signal.
`
`(Ex. 1001 at 33:29-34:11.)
`
`VII. Claim Construction
`
`A. District Court Claim Constructions
`
`30.
`
`I understand the district court construed the claim limitations “beam”
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`and “a plurality of lenses.” (Ex. 1003, Anthony Decl., ¶61.) These constructions
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`Atty. Dkt. No.: OMSC0117IPR1
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`are not relevant to my rebuttal opinions.
`
`B.
`
`“the system configured to increase signal-to-noise ratio by
`. . . increasing a pulse rate”
`
`31.
`
`I understand that Petitioner nor its expert proposed a construction for
`
`the claim limitation “the system configured to increase signal-to-noise ratio by . . .
`
`increasing a pulse rate” in the lawsuit. In the 916 DI, the Board stated, “construction
`
`of the term is necessary, however, to resolve the parties’ dispute about whether
`
`Lisogurski alone or in combination with Carlson discloses such a light source.” (916
`
`DI at 10.) The Board construed the nearly identical claim limitation in the ‘533
`
`patent 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.)
`
`32. 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”
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`hammer a nail.
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`33. 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 system to increase the pulse rate. The claim,
`
`itself, written in active voice, specifies the “actor,” namely the “system.” 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.
`
`34. The ‘299 Patent specification makes clear that the change in pulse-rate
`
`is done by the device, not a manual adjustment. The ‘299 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 3:11-16; 22:42-45.) The
`
`specification states, “The wearable device is configured to increase signal-to-noise
`
`ratio by . . . increasing a pulse rate from an initial pulse rate of at least one of the
`
`plurality of semiconductor sources.” (Id. at 3:11-16.) 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 18:5-9.) PCT Application Serial
`
`No. PCT/US2013/075767
`
`(Publication No. WO/2014/143276), which
`
`is
`
`incorporated by reference into the ‘299 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
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`1:33-37; Ex. 2120 at 25-26, ¶[0079].) This is consistent with U.S. Patent Application
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`Atty. Dkt. No.: OMSC0117IPR1
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`Serial No. 14/109,007 (Publication No. 2014/0236021), also incorporated by
`
`reference into the ‘299 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].)
`
`35.
`
`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
`
`environmental conditions, it would be impractical—as a matter of common sense—
`
`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.
`
`36. Based on my analysis, above, I believe that the proper interpretation of
`
`the claim language “the system configured to increase the signal-to-noise ratio by .
`
`. . increasing a pulse rate” is “the system is configured to increase the pulse rate of
`
`at least one of the light emitting diodes to increase the signal-to-noise ratio.”
`
`VIII. Overview of the prior art
`
`37.
`
`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.
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`Patent No.: 10,188,299
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`Atty. Dkt. No.: OMSC0117IPR1
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`A. U.S. Patent No. 9,241,676 to Lisogurski
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`38.
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` Lisogurski is titled “Methods and Systems for Power Optimization in
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`a Medical Device.” Lisogurski was filed on May 31, 2012 and issued on January 26,
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`2016.
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`39. Lisogurski discloses a “physiological monitoring system [that]
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`monitor[s] one or more physiological parameters of a patient . . . using one or more
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`physiological sensors.” (Ex. 1011 at 3:44-46.) The physiological sensors may
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`include a “pulse oximeter [that] non-invasively measures the oxygen saturation of a
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`patient’s blood.” (Id. at 3:62-64.) The pulse oximeter includes “a light sensor that is
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`placed at a site on a patient, typically a fingertip, toe, forehead, or earlobe.” (Id. at
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`4:6-7.) The light sensor “pass[es] light through blood perfused tissue and
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`photoelectrically sense[s] the absorption of the light in the tissue.” (Id. at 4:8-11.)
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`The light sensor emits “one or more wavelengths [of light] that are attenuated by the
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`blood in an amount representative of the blood constituent concentration,” and may
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`include red and infrared (IR) wavelengths of light. (Id. at 4:42-48.)
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`40. Figure 3 of Lisogurski is reproduced below.
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`Atty. Dkt. No.: OMSC0117IPR1
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`41. 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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`42. 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 . . .
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`Atty. Dkt. No.: OMSC0117IPR1
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`to display the physiological parameters,” and “speaker 322 to provide an audible . . .
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`alarm in the event that a subject’s physiological parameters are not within a
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`predefined normal range.” (Id. at 18:3-10.) Monitor 314 is “communicatively
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`coupled to multi-parameter physiological monitor 326” (“MPPM 326”) and “may
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`communicate wirelessly” with MPPM 326. (Id. at 18:58-61.) Monitor 314 may also
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`be “coupled to a network to enable the sharing of information with servers or other
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`workstations.” (Id. at 18:62-65.)
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`43. 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.
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`at 20:58-60.)
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`44. Figure 1 of Lisogurski is reproduced below.
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`Atty. Dkt. No.: OMSC0117IPR1
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`45. 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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`46. 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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`Atty. Dkt. No.: OMSC0117IPR1
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`processing circuitry 150, and (c) back end processing circuitry 170 via “timing
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`control signals.” (Id. at 11:33-38, Fig. 1.) Light drive circuitry 120 “generate[s] a
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`light 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 provide[s] one or more processed signals to back end
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`processing 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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`47. Back end processing circuitry 170 “use[s] the timing control signals to
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`coordinate its operation with front end processing