`
`
`Al-Ali
`In re Patent of:
`8,457,703 Attorney Docket No.: 50095-0002IP1
`U.S. Patent No.:
`June 4, 2013
`
`Issue Date:
`Appl. Serial No.: 11/939,519
`
`Filing Date:
`November 13, 2007
`
`Title:
`LOW POWER PULSE OXIMETER
`
`
`
`DECLARATION OF DR. BRIAN W. ANTHONY
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`I, Brian W. Anthony, of Cambridge, MA, declare that:
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`
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`QUALIFICATIONS AND BACKGROUND INFORMATION
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`1. My name is Dr. Brian W. Anthony. I am an Associate Principal
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`Research Scientist at the Institute of Medical Engineering & Science at
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`Massachusetts Institute of Technology (MIT). I am also a Principal Research
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`Scientist at MIT’s Mechanical Engineering department, Director of the Master of
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`Engineering in Advanced Manufacturing and Design Program at MIT, a Co-
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`Director of the Medical Electronic Device Realization Center of the Institute of
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`Medical Engineering & Science, and Associate Director of MIT.nano. My current
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`curriculum vitae is attached and some highlights follow.
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`2.
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`I earned my B.S. in Engineering (1994) from Carnegie Mellon
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`University. I earned my M.S. (1998) and Ph.D. (2006) in Engineering from MIT.
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`My research focused on high-performance computation, signal processing, and
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`electro-mechanical system design.
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`
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`1
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`APPLE 1003
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`3.
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`In 1997, I co-founded Xcitex Inc., a company that specialized in
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`video-acquisition and motion-analysis software. I served as the Chief Technology
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`Officer and directed and managed product development until 2006. Our first demo
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`product was an optical ring for human motion measurement used to capture user
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`hand motion in order to control the user’s interaction with a computer. Many of
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`the structural elements of our optical ring addressed the same system issues as
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`those described and claimed in the patent at issue. For example, our optical ring
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`included multiple light emitting diodes, multiple photodetectors, techniques for
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`modulation and synchronization, and noise reduction algorithms. We estimated
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`human hand-motion based on how that motion changed the detected light. In our
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`application, we did not try to eliminate motion artifact, we tried to measure it. In
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`developing our ring, we considered well-known problems such as ambient light
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`and noise. Motion Integrated Data Acquisition System (MiDAS) was our flagship
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`video and data acquisition product which relied upon precise synchronization of
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`multiple clocks for optical sensor and video acquisition, data acquisition, and
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`external illumination.
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`4.
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`I joined MIT in 2006 and was the Director of the Master of
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`Engineering in Advance Manufacturing and Design Program for over ten years.
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`The degree program covers four main components: Manufacturing Physics,
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`Manufacturing Systems, Product Design, and Business Fundamentals. Many of
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`2
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`the courses, projects, and papers my students undertake involve technologies
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`relevant to the patent at issue, for example, sensor devices including non-invasive
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`optical biosensors.
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`5.
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`In 2011, I co-founded MIT’s Medical Electronic Device Realization
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`Center (“MEDRC”) and currently serve as co-director. The MEDRC aims to
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`create and deploy revolutionary medical technologies by collaborating with
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`clinicians, the microelectronics, and medical devices industries. We combine
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`expertise in computation; communications; optical, electrical, and ultrasound
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`sensing technologies; and consumer electronics. We focus on the usability and
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`productivity of medical devices using, for example, image and signal processing
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`combined with intelligent computer systems to enhance practitioners’ diagnostic
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`intuition. Our research portfolio includes low power integrated circuits and
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`systems, big data, micro electro-mechanical systems, bioelectronics, sensors, and
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`microfluidics. Specific areas of innovation include wearable, non-invasive and
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`minimally invasive optical biosensor devices, medical imaging, laboratory
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`instrumentation, and the data communication from these devices and instruments
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`to healthcare providers and caregivers. My experience with these devices is
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`directly applicable to the technology in the patent at issue.
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`6.
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`I am currently the Co-Director of the Device Realization Lab at the
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`Medical Electronic Device Realization Center at the Institute of Medical
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`3
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`
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`Engineering & Science at MIT. The Device Realization Lab designs instruments
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`and techniques to sense and control physical systems. Medical devices and
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`manufacturing inspection systems are a particular focus. We develop and combine
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`electromechanical systems, complex algorithms, and computation systems to
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`create instruments and measurement solutions for problems that are otherwise
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`intractable.
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`7.
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`The research of the Device Realization Lab focuses on product
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`development interests cross the boundaries of computer vision, acoustic and
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`ultrasonic imaging, large-scale computation and simulation, optimization,
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`metrology, autonomous systems, and robotics. We use computation, and computer
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`science, as methodology for attacking complex instrumentation problems. My
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`work combines mathematical modeling, simulation, optimization, and
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`experimental observations, to develop instruments and measurement solutions.
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`8. My record of professional service includes recognitions from several
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`professional organizations in my field of expertise.
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`9.
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`I am a named inventor on 10 issued U.S. patents. Most but not all of
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`these patents involve physiological monitoring and other measurement
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`technologies.
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`10.
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`I have published approximately 85 papers, and have received a
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`number of best paper and distinguished paper awards. A number of papers that I
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`4
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`
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`have published relate to physiological monitoring and other measurement and
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`instrumentation technologies.
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`11.
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`I have been retained on behalf of Apple Inc. to offer technical
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`opinions relating to U.S. Patent No. 8,457,703 (“the ’703 Patent”) and prior art
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`references relating to its subject matter. I have reviewed the ’703 Patent and
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`relevant excerpts of the prosecution history of the ’703 Patent. I have also
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`reviewed the following prior art references and materials, in addition to other
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`materials I cite in my declaration:
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` U.S. Patent No. 6,293,915 to Amano et al. (“Amano” or “APPLE-1004”)
`
` U.S. Patent No. 6,393,311 to Edgar, Jr. et al. (“Edgar” or “APPLE-1005”)
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` U.S. Patent No. 6,527,729 to Turcott (“Turcott” or “APPLE-1006”)
`
` U.S. Patent No. 5,632,272 to Diab et al. (“Diab” or “APPLE-1007”)
`
` U.S. Patent No. 6,178,343 to Bindszus et al. (APPLE-1008)
`
` U.S. Patent No. 5,924,979 to Swedlow et al. (APPLE-1009)
`
`
`
` Tremper, Pulse Oximetry, Anesthesiology, The Journal of the American
`
`Society of Anesthesiologists, Inc., Vol. 70, No. 1 (January 1989) (“APPLE-
`
`1010“)
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` Mendelson, Skin Reflectance Pulse Oximetry: In Vivo Measurements from
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`the Forearm and Calf, Journal of Clinical Monitoring, Vol. 7, No. 1
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`(January 1991) (“APPLE-1011”)
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`
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`5
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`
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` Excerpts from Bronzino, The Biomedical Engineering Handbook, CRC
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`Press, Inc. (1995) (“APPLE-1012”)
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` Konig, Reflectance Pulse Oximetry – Principles and Obstetric Application
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`in the Zurich System, Journal of Clinical Monitoring, Vol. 14, No. 6 (August
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`1998) (“APPLE-1013”)
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` U.S. Patent No. 5,490,505 to Diab et al. (APPLE-1014)
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` U.S. Patent No. 5,027,410 to Williamson et al. (APPLE-1015)
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` U.S. Patent Application Publication No. 2003/0004428 to Pless et al.
`
`(APPLE-1016)
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` U.S. Patent Application Publication No. 2002/0032386 to Sackner et al.
`
`(APPLE-1017)
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` U.S. Patent Application Publication No. 2003/0163287 to Vock et al.
`
`(APPLE-1018)
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` U.S. Patent No. 6,163,721 to Thompson (APPLE-1019)
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` U.S. Patent No. 5,058,203 to Inagami (APPLE-1020)
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` U.S. Patent No. 6,711,691 to Howard et al. (APPLE-1021)
`
`12. Counsel has informed me that I should consider these materials
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`through the lens of one of ordinary skill in the art related to the ’703 Patent at the
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`time of the earliest possible priority date of the ’703 Patent, and I have done so
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`during my review of these materials. The application leading to the ’703 Patent
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`6
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`was filed on November 13, 2007 and claims the benefit of priority to a provisional
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`application filed July 2, 2001 (“the Critical Date”). Counsel has informed me that
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`the Critical Date represents the earliest priority date to which the challenged claims
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`of ’703 Patent are entitled, and I have therefore used that Critical Date in my
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`analysis below.
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`13.
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`I have no financial interest in the party or in the outcome of this
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`proceeding. I am being compensated for my work as an expert on an hourly basis.
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`My compensation is not dependent on the outcome of these proceedings or the
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`content of my opinions.
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`14.
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`In writing this Declaration, I have considered the following: my own
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`knowledge and experience, including my work experience in the fields of
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`mechanical engineering, computer science, biomedical engineering, and electrical
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`engineer; my experience in teaching those subjects; and my experience in working
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`with others involved in those fields. In addition, I have analyzed various
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`publications and materials, in addition to other materials I cite in my declaration.
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`15. My opinions, as explained below, are based on my education,
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`experience, and expertise in the fields relating to the ’703 Patent. Unless otherwise
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`stated, my testimony below refers to the knowledge of one of ordinary skill in the
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`fields as of the Critical Date, or before. Any figures that appear within this
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`7
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`document have been prepared with the assistance of Counsel and reflect my
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`understanding of the ’703 Patent and the prior art discussed below.
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` TECHNICAL BACKGROUND
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`16. The ’703 patent and the prior art references discussed herein are all
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`from the field of non-invasive optical biosensors. These devices have a wide range
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`of applications, for example, measuring blood characteristics such as blood oxygen
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`saturation, blood flow, blood pressure, and cardiac output. Non-invasive optical
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`biosensors are generally characterized as devices that pass light from a light source
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`through the skin (i.e., non-invasively) into a blood perfused area of body tissue and
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`then use a light sensor (e.g. photodetector) to capture the reflected or transmitted
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`light, and quantify the variable absorption of light by the tissue.
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`17. One common and well-understood non-invasive optical biosensor is a
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`pulse oximeter, and example of which is described in the ’703 patent. APPLE-
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`1001, 1:18-51. Pulse oximeters have been known since at least the 1970’s, and
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`some technology used in pulse oximeters dates back to the 1930’s. APPLE-1010,
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`p. 98. Pulse oximetry is a widely used method for monitoring arterial hemoglobin
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`oxygen saturation (SpO2). APPLE-1010, p. 98.
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`18. The system components of non-invasive optical biosensors, like pulse
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`oximeters, have been well-understood and in wide use for decades in wired and
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`wireless embodiments. Typical components include: one or more electrically
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`8
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`controlled optical light-sources; mechanical and optical elements to guide and
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`focus the light into the body; mechanical and optical elements to control light
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`within the sensing device; mechanical and optical elements to capture and focus
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`the light leaving the body; light detector(s) that generate an electrical signal
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`proportional to the amount of received light; processor(s) to control the light
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`sources and detectors; and processor(s) to analyze the electrical signals. For
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`example, a pulse oximeter described by Mendelson in 1991, shown below,
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`included multiple LEDs, multiple photodiodes, an optical shield, and an optically
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`clear epoxy, mounted on a silicon rubber base. APPLE-1011, p. 8, Figure 1.
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`9
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`19. The use of optical sensors to detect physiological parameters,
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`including photoplethysmography, has also been known for decades. Optical
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`techniques are commonly used in medical monitoring systems such as pulse
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`oximetry systems that measure a person’s pulse rate and blood oxygen saturation.
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`APPLE-1012, pp. 769-76, 1346-55 (discussing oximetry and other applications).
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`20. Photoplethysmography works by directing light into a person’s tissue
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`and measuring the light that is reflected back from or transmitted through the
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`tissue. APPLE-1012, p. 764. Different components of blood or tissue absorb
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`10
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`
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`different wavelengths of light. By measuring how much light is absorbed by the
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`tissue and how the absorption changes over time, a device can calculate parameters
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`that are related to the properties of the tissue or blood.
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`21. For example, hemoglobin (the protein molecule in blood that carries
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`oxygen to cells) reflects more red light when it is more oxygenated than when it is
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`deoxygenated; it absorbs more red light when it is deoxygenated. APPLE-1012, p.
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`769. Hemoglobin reflects the same amount of infrared (IR) light whether
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`oxygenated or deoxygenated. APPLE-1012, p. 769. If a device measures the
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`absorbed red and IR light multiple times per second, the device can determine
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`several things: (i) the ratio of oxygenated to deoxygenated hemoglobin (oxygen
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`saturation), and (ii) how the volume of blood in the tissue changes over time,
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`allowing detection of a person’s pulse. APPLE-1012, pp. 769, 771.
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`22. Photoplethysmography is an optical technique, and it uses basic
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`optical components or building blocks. The “basic building blocks” of optical
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`sensor systems include lenses, mirrors, reflective surfaces, filters, beam splitters,
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`light sources, fiber optics, light detectors, and other passive components and
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`various active components to convert light signals to electrical signals. APPLE-
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`1012, p. 765.
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`11
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`
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`APPLE-1012, p. 765. In wearable or portable devices, the light sources are
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`typically light emitting diodes (LEDs) because they are small, inexpensive, and
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`have low power requirements. APPLE-1012, p. 765. LEDs are manufactured with
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`a wide range of packaged form factors and are easily assembled into systems with
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`standard circuit board assembly processes; surface mount technology (SMT) is
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`widely used to mount the LED packages for practical application.
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`23. The light from the light sources is directed through a lens, or other
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`light guiding structures, and onto a sample. APPLE-1012, p. 765. The sample, or
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`tissue, reflects back the light, which is filtered and sensed by a photodetector.
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`APPLE-1012, p. 765. The photodetector outputs a signal proportional to the
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`measured light intensity, which is the measurable amount of light (number of
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`photons), and then analog-to-digital conversion and signal processing are
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`12
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`performed to extract information from, and analyze, the collected data. APPLE-
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`1012, p. 766.
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`24. The detected signal may include signal and noise from, for example,
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`ambient light or motion induced artifacts. It has been long recognized that noise
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`sources such as stray and ambient light and movement of the subject corrupt the
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`information that is obtained from non-invasive optical biosensors. Motion artifacts
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`arise from kinematic variation, variable mechanical forces, changes in the coupling
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`of the sensor to the subject, local variation in patient anatomy, optical properties of
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`tissue due to geometric realignment or compression, or combinations of these
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`effects.
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`25. There are various well-known techniques used to reduce the amount
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`of noise in the detected signal and improve the signal-to-noise ratio. For example,
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`the light source is often modulated, with a known periodicity or pattern, the known
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`periodicity or pattern increases the signal detectability, and therefore improves
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`signal-to-noise ratio. APPLE-1012, p. 764. The detector may use synchronized
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`lock-in amplifier detection to isolate signals that occur at the modulation frequency
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`to improve signal-to-noise ratio by extracting information encoded at the
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`modulation frequency thereby reducing the impact of noise at other frequencies in
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`the detected signal. APPLE-1012, p. 766. Another common method for reducing
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`noise or extracting information from a signal captured by sensors involved
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`13
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`calculating and processing the spectral content, or frequency-domain
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`representation, of the signals. The “traditional method of frequency analysis [is]
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`based on the Fourier transform” such as a fast Fourier transform (FFT) to
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`determine a signal’s spectral, or frequency-domain, components. APPLE-1012,
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`pp. 846-47. Other signal processing techniques include, for example, removing the
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`artifact by generating two independent measurements with two light sources or
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`detectors and performing a subtraction, or through signal averaging. APPLE-1010,
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`p. 101; APPLE-1013, pp. 404-405.
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` THE ’703 PATENT
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`26. The ’703 Patent, entitled “Low Power Pulse Oximeter,” was filed on
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`November 13, 2007, and claims priority, through a chain of continuations, to a
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`provisional application filed July 2, 2001. The pulse oximeter has a signal
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`processor that derives physiological measurements, including oxygen saturation,
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`pulse rate, and plethysmograph, from an input signal. APPLE-1001, 4:64-5:14,
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`FIG. 3. The signal processor also derives signal statistics, such as signal strength,
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`noise, and motion artifacts. APPLE-1001, 5:14-15, FIG. 3. The physiological
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`measurements and signal statistics are used to “regulate pulse oximeter power
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`dissipation by causing the sensor interface to vary the sampling characteristics of
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`the sensor port and by causing the signal processor 340 to vary its sample
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`processing characteristics.” APPLE-1001, 5:15-23.
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`14
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`27. The pulse oximeter uses the physiological measurements and signal
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`statistics to determine “the occurrence of an event or low signal quality condition.”
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`APPLE-1001, 6:25-28. An event determination is based upon the physiological
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`measurements and “may be any physiological-related indication that justifies the
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`processing of more sensor samples and an associated higher power consumption
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`level, such as oxygen desaturation, a fast or irregular pulse rate or an unusual
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`plethysmograph waveform.” APPLE-1001, 6:28-34. A low signal quality
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`condition is based upon the signal statistics and “may be any signal-related
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`indication that justifies the processing or more sensor samples and an associated
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`higher power consumption level, such as a low signal level, a high noise level or
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`motion artifact.” APPLE-1001, 6:34-39.
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`28. The pulse oximeter “utilizes multiple sampling mechanisms to alter
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`power consumption.” APPLE-1001, 5:59-61. One sampling mechanism is “an
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`emitter duty cycle control” that “determines the duty cycle of the current supplied
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`by the emitter drive outputs 482 to both red and IR sensor emitters.” APPLE-
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`1001, 5:61-65. “In conjunction with an intermittently reduced duty cycle or as an
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`independent sampling mechanism, there may be a ‘data off’ time period longer
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`than one drive current cycle where the emitter drivers... are turned off.” APPLE-
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`1001, 7:8-12. Another sampling mechanism is “a data block overlap control” that
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`15
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`“varies the number of data blocks processed by the post processor.” APPLE-1001,
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`6:2-4.
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`29. The occurrence of an event or low signal quality is an override
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`condition that causes the oximeter to operate at a higher power level. APPLE-
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`1001, 2:38-43, 3:1-23. For example, the override condition may initiate a higher
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`duty sensor sampling, allowing high fidelity monitoring of the event and providing
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`a larger signal-to-noise ratio. APPLE-1001, 8:43-57. Additionally, the override
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`condition may initiate the processing of more data blocks, allowing more robust
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`signal statistics for higher fidelity monitoring of the event or during lower signal-
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`to-noise ratio periods. APPLE-1001, 10:20-28.
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`30. The sampling mechanisms “modify power consumption by, in effect,
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`increasing or decreasing the number of input samples received and processed.”
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`APPLE-1001, 6:9-11. “Sampling, including acquiring input signal samples and
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`subsequent sample processing, can be reduced during high signal quality periods
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`and increased during low signal quality periods or when critical measurements are
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`necessary.” APPLE-1001, 6:11-15.
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`31. The claims are generally directed to “selectively reducing power
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`consumption” in a pulse oximeter. APPLE-1001, 4:4-10. Independent claim 1 is
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`representative:
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`16
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`
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`1. A method of managing power consumption during continuous
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`patient monitoring by adjusting behavior of a patient monitor, the
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`method comprising:
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`driving one or more light sources configured to emit light into
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`tissue of a monitored patient;
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`receiving one or more signals from one or more detectors
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`configured to detect said light after attenuation by said tissue;
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`continuously operating a patient monitor at a lower power
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`consumption level to determine measurement values for one or more
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`physiological parameters of a patient;
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`comparing processing characteristics to a predetermined
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`threshold; and
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`when said processing characteristics pass said threshold,
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`transitioning to continuously operating said patient monitor at a higher
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`power consumption level, wherein said continuously operating at said
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`lower power consumption level comprises reducing activation of an
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`attached sensor, said sensor positioning said light sources and said
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`detectors proximate said tissue.
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`
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`32. Prior to the Critical Date of the ’703 Patent, numerous products,
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`publications, and patents existed that implemented or described the functionality
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`claimed in the ’703 Patent. The methodology of the ’703 Patent was therefore
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`well-known in the prior art as of the Critical Date. Further, to the extent there is
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`any problem to be solved described in the ’703 Patent, it had already been solved
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`17
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`in the prior art systems before the Critical Date of the ’703 Patent, as discussed
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`below.
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` LEVEL OF ORDINARY SKILL IN THE ART
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`33. Based on the foregoing and upon my experience in this area, a person
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`of ordinary skill in the art relating to, and at the Critical Date of, the invention of
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`the ’703 Patent (“POSITA”) would have been someone with a working knowledge
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`of physiological monitoring technologies. The person would have had a Bachelor
`
`of Science degree in an academic discipline emphasizing the design of electrical,
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`computer, or software technologies, in combination with training or at least one to
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`two years of related work experience with capture and processing of data or
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`information, including but not limited to physiological monitoring technologies.
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`Alternatively, the person could have also had a Master of Science degree in a
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`relevant academic discipline with less than a year of related work experience in the
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`same discipline.
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`34. Based on my experiences, I have a good understanding of the
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`capabilities of a POSITA. Indeed, I have taught, participated in organizations, and
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`worked closely with many such persons over the course of my career. Based on
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`my knowledge, skill, and experience, I have an understanding of the capabilities of
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`a POSITA. For example, from my industry experience, I am familiar with what an
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`engineer would have known and found predictable in the art. From teaching and
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`18
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`supervising my graduate students and post-doctoral associates, I also have an
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`understanding of the knowledge that a person with this academic experience
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`possesses. Furthermore, I possess those capabilities myself.
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`
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`INTERPRETATIONS OF THE ’703 PATENT CLAIMS AT
`ISSUE
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`35.
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`I understand that, for purposes of my analysis in this inter partes
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`review proceeding, the terms appearing in the patent claims should generally be
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`interpreted according to their “ordinary and customary meaning.” See Phillips v.
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`AWH Corp., 415 F.3d 1303, 1312 (Fed. Cir. 2005) (en banc). I understand that
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`“the ordinary and customary meaning of a claim term is the meaning that the term
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`would have to a person of ordinary skill in the art in question at the time of the
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`invention.” Id. at 1313. I also understand that the person of ordinary skill in the
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`art is deemed to read the claim term not only in the context of the particular claim
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`in which the disputed term appears, but in the context of the entire patent,
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`including the specification. Id. Unless otherwise noted, I have interpreted claim
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`terms according to their plain meaning.
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`36. Claim 1 recites “reducing activation of an attached sensor,” and claim
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`15 recites “reduce activation of an attached sensor.” In the context of the ’703
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`patent, this phrase means “reducing the duty cycle of an emitter driver output to the
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`sensor” or “entering a data off state for a time period in which the emitter drivers
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`19
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`
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`are turned off.” This construction is consistent with the ’703 Patent, which states
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`that “[i]ntermittently reducing the drive current duty cycle can advantageously
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`reduce power dissipation” and “[i]n conjunction with an intermittently reduced
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`duty cycle or as an independent sampling mechanism, there may be a ‘data off’
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`time period longer than one drive current cycle where the emitter drivers... are
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`turned off.” APPLE-1001, 3:28-30, 6:66-7:1, 7:8-12. This construction is proper
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`and based on the meaning this term would have had to a POSITA. And even if this
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`construction is incorrect, the scope of the phrase “reducing/reduce activation of an
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`attached sensor” should nonetheless be broad enough to encompass “reducing the
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`duty cycle of an emitter driver output to the sensor” and “entering a data off state
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`for a time period in which the emitter drivers are turned off.” See APPLE-1001,
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`3:28-30, 6:66-7:1, 7:8-12.
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` THE COMBINATION OF DIAB AND AMANO
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` Overview of Diab
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`37. Diab describes “a physiological monitor for pulse oximetry” referred
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`to as “pulse oximeter 299.” APPLE-1007, 34:10-12, FIG. 11. The oximeter
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`includes “red and infrared light emitters 301, 302 [that] each emits energy which is
`
`absorbed by the finger 310 and received by the photodetector 320” that “produces
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`an electrical signal which corresponds to the intensity of the light energy striking
`
`the photodetector.” APPLE-1007, 35:23-27, 34:12-19.
`
`
`
`20
`
`
`
`38. The oximeter also includes “a digital signal processing system 334”
`
`that “provides clean plethysmographic waveforms of the detected signals and
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`provides values for oxygen saturation and pulse rate to the display.” APPLE-1007,
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`35:34-47, 34:24-28, FIGS. 13-14. “The digital signal processing system 334 also
`
`provides control for driving the light emitters 301, 302 with an emitter current
`
`control signal.” APPLE-1007, 35:50-66. In Diab, “the current could be adjusted
`
`for changes in the ambient room light and other changes which would [a]ffect the
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`voltage input to the front end analog signal conditioning circuitry.” APPLE-1007,
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`36:2-6.
`
`39. Diab’s signal processor 334 performs “a saturation transform,” which
`
`is “an operation which converts the sample data from time domain to saturation
`
`domain values,” to provide “saturation transform power curve[s].” APPLE-1007,
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`35:34-47, 45:6-10. The signal processor 334 calculates “peak width of a power
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`curve” where “[t]he width of the peaks provides some indication of motion by the
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`patient—wider peaks indicating motion.” APPLE-1007, 46:13-20, 46:53-55.
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`40. The signal processor 334 also performs functions of a “pulse rate
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`module 410” that includes “a motion status module 584,” the output of which is
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`provided to “a motion artifact suppression module 580.” APPLE-1007, 38:61-63,
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`47:30-38, 47:47-49, FIGS. 14, 20. An “average peak width value” is input to the
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`motion status module 584, and “if the peaks are wide, this is taken as an indication
`
`
`
`21
`
`
`
`of motion.” APPLE-1007, 47:50-52, FIG. 20. “If motion is not detected, spectral
`
`estimation on the signals is carried out directly without motion artifact
`
`suppression,” and “[i]n the case of motion, motion artifacts are suppressed using
`
`the motion artifact suppression module 580.” APPLE-1007, 47:52-56. The
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`“output filter 594” of the pulse rate module 410 provides “the pulse of the patient,
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`which is advantageously provided to the display.” APPPLE-1007, 48:3-5, 50:27-
`
`29.
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` Overview of Amano
`
`41. Amano describes a “pulse wave examination apparatus” that includes
`
`a “pulse wave detecting section 10.” APPLE-1004, 40:23-24. The pulse wave
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`detecting section 10 includes a LED and a phototransistor. APPLE-1004, 41:12-
`
`13, FIG. 38. When the pulse wave examination apparatus is powered on, light is
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`emitted from the LED. APPLE-1004, 41:14-15. “The emitted light is reflected by
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`the blood vessel and tissues of the subject and is then received by the
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`phototransistor.” APPLE-1004, 41:15-17, 54:13-30. “A combination of such a
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`blue LED and a phototransistor ensures that a pulse wave is detected.” APPLE-
`
`1004. 41:17-39.
`
`42. Amano teaches that, in the context of processing the detected pulse
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`wave obtained from the LED and phototransistor of the pulse wave detection
`
`section 10, “when the body movement component eliminating section 30 is made
`
`
`
`22
`
`
`
`to operate for the elimination of the body movement component [from the detected
`
`pulse wave] even if there is no body movement,... power is consumed by the body
`
`movement eliminating operation.” APPLE-1004, 21:3-57. Amano provides a
`
`solution where “when no body movement is present, the operations of the
`
`waveform treating section 21 and body movement component eliminating section
`
`30 are suspended,” which “reduce[s] power consumption in the apparatus.”
`
`APPLE-1004, 21:65-22:6, 35:54-64. Thus, Amano teaches reducing power
`
`consumption by suspending unnecessary processing operations. Id.
`
` The Combination of Diab and Amano
`
`43.
`
`In light of Amano’s teaching that “power is consumed by the body
`
`movement eliminating operation,” a POSITA would have found obvious that
`
`operating Diab’s “motion artifact suppression module 580” likewise consumes
`
`power. APPLE-1004, 21:50-22:6, 35:54-64; APPLE-1007, 47:52-56, 48:34-49:38.
`
`Additionally, in light of Amano’s teaching that suspending “the operations of...
`
`body movement component eliminating section” reduces power consumption, a
`
`POSITA would have found obvious that performing Diab’s “spectral estimation on
`
`the signals... directly without motion artifact suppression” 1 similarly reduces
`
`power consumption. Id. In light of Amano’s teaching of reducing power
`
`
`1 All emphasis added unless otherwise indicated.
`
`
`
`23
`
`
`
`consumption by suspending unnecessary processing operations, a POSITA would
`
`have found obvious that Diab’s oximeter likewise reduces power consumption by
`
`performing “spectral estimation on the signals... directly without motion artifact
`
`suppression.” Id.
`
` Reasons to Combine Diab and Amano
`
`44. A POSITA would have been motivated to and would have found it
`
`obvious and straightforward to supplement Diab’s teachings with the teachings of
`
`Amano as described above. Both Diab and Amano are in the same field of art and
`
`relate to devices that provide pulse waveforms. APPLE-1004, 21:3-8, 29:23-25,
`
`31:2-8, 33:50-54, 34:3-14, 35:17-21, 36:23-27, 38:26-27, 40:23-27; APPLE-1007,
`
`34:27-28, 35:44-47, 49:25-32. Both Amano and Diab teach a need to eliminate
`
`motion-induced noise from a pulse waveform. APPLE-1004, 33:54-67; APPLE-
`
`1007, 2:23-26, 2:53-3:9, 34:1-9.
`
`45. Amano demonstrates that reducing the amount of processing, by
`
`suspending operations, reduces power consumption. APPLE-1004, 21:50-22:6,
`
`35:54-64; APPLE-1007, 47:52-56, 48:34-49:38. A POSITA faced with Diab’s
`
`disclosure would look to similar systems, such as Amano, to obtain more
`
`information on the effect of Diab’s reduction in processing. Id. Amano’s
`
`teachings explain that changes in power consumption were obvious from changes
`
`in the amount of processing that are contemplated by Diab. Id. A POSITA would
`
`
`
`24
`
`
`
`have recognized that supplementing Diab’s teachings with the teachings of Amano
`
`as described above would have led to predictable results without significantly
`
`altering or hindering the functions performed by Diab’s oximeter.
`
` Analysis
`
`1.
`
`Claims 9, 1