`
`Jeroen Poeze et al.
`In re Patent of:
`U.S. Patent No.: 10,624,564
`Issue Date:
`April 21, 2020
`Appl. Serial No.: 16/725,292
`Filing Date:
`December 23, 2019
`Title:
`MULTI-STREAM DATA COLLECTION SYSTEM FOR
`NONINVASIVE MEASUREMENT OF BLOOD
`CONSTITUENTS
`
`Attorney Docket No.: 50095-0023IP1
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`DECLARATION OF JACOB ROBERT MUNFORD
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`APPLE 1049
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`1
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`1. My name is Jacob Robert Munford. I am over the age of 18, have personal
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`knowledge of the facts set forth herein, and am competent to testify to the
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`same.
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`2. I earned a Master of Library and Information Science (MLIS) from the
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`University of Wisconsin-Milwaukee in 2009. I have over ten years of
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`experience in the library/information science field. Beginning in 2004, I
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`have served in various positions in the public library sector including
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`Assistant Librarian, Youth Services Librarian and Library Director. I have
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`attached my Curriculum Vitae as Appendix A.
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`3. During my career in the library profession, I have been responsible for
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`materials acquisition for multiple libraries. In that position, I have cataloged,
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`purchased and processed incoming library works. That includes purchasing
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`materials directly from vendors, recording publishing data from the material
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`in question, creating detailed material records for library catalogs and
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`physically preparing that material for circulation. In addition to my
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`experience in acquisitions, I was also responsible for analyzing large
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`collections of library materials, tailoring library records for optimal catalog
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`1
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`2
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`
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`search performance and creating lending agreements between libraries
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`during my time as a Library Director.
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`
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`4. I am fully familiar with the catalog record creation process in the library
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`sector. In preparing a material for public availability, a library catalog record
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`describing that material would be created. These records are typically
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`written in Machine Readable Catalog (herein referred to as “MARC”) code
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`and contain information such as a physical description of the material,
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`metadata from the material’s publisher, and date of library acquisition. In
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`particular, the 008 field of the MARC record is reserved for denoting the
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`date of creation of the library record itself. As this typically occurs during
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`the process of preparing materials for public access, it is my experience that
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`an item’s MARC record indicates the date of an item’s public availability.
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`
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`5. Typically, in creating a MARC record, a librarian would gather various bits
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`of metadata such as book title, publisher and subject headings among others
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`and assign each value to a relevant numerical field. For example, a book’s
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`physical description is tracked in field 300 while title/attribution is tracked in
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`field 245. The 008 field of the MARC record is reserved for denoting the
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`creation of the library record itself. As this is the only date reflecting the
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`
`
`2
`
`3
`
`
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`inclusion of said materials within the library’s collection, it is my experience
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`that an item’s 008 field accurately indicates the date of an item’s public
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`availability.
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`
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`6. This declaration is being drafted as of May 2021. Public and university
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`libraries in my area have been closed for months due to the COVID-19
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`pandemic. My state, Pennsylvania, has a travel advisory, which has affected
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`my ability to travel. In my experience, library catalog records are accurate
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`descriptions of a library’s collection and my lack of physical access to
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`libraries at this time creates no doubt in my determinations of authenticity or
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`availability of the exhibits noted below.
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`
`
`7. I have reviewed Exhibit 1010, a copy of an article entitled “A Wearable
`
`Reflectance Pulse Oximeter for Remote Physiological Monitoring” by Y.
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`Mendelson, R. J. Duckworth, and G. Comtois, as published in the
`
`Proceedings of the 28th Annual International Conference of the IEEE
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`Engineering in Medicine and Biology Society, August 30 – September 3,
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`2006 (hereinafter referred to as “2006 IEEE conference publication”).
`
`
`
`
`
`3
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`4
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`
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`8. Attached hereto as Appendix MENDELSON02 is a true and correct copy of
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`the MARC record for the 2006 IEEE conference publication, as held by
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`Cornell University’s library. I secured this record myself from the library’s
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`public catalog.
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`
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`9. The MARC record contained within Appendix MENDELSON02 accurately
`
`describes the title, author, publisher, and ISBN number of the 2006 IEEE
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`conference publication. In comparing the listed fields in Appendix
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`MENDELSON02 to Exhibit 1010, it is my determination that Exhibit 1010
`
`is a true and correct copy of the “A Wearable Reflectance Pulse Oximeter
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`for Remote Physiological Monitoring” article, and that the copy of the 2006
`
`IEEE conference publication in Cornell University’s library includes the
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`article in Exhibit 1010.
`
`
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`10. The 008 field of the MARC record noted on page 1 of Appendix
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`MENDELSON02 indicates that the 2006 IEEE conference publication was
`
`first cataloged by Cornell University’s library as of December 26, 2007.
`
`Based on this information and considering the dates of the conference, it is
`
`my determination that the 2006 IEEE conference publication, which
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`
`
`4
`
`5
`
`
`
`included the article published as Exhibit 1010, was made available to the
`
`public by Cornell University at least as of December 26, 2007.
`
`
`
`11. Additionally, I accessed a copy of the 2006 IEEE conference publication
`
`through the Pennsylvania State University’s online library catalog portal.
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`
`
`12. Attached hereto as Appendix MENDELSON06 is a true and correct copy of
`
`the catalog entry for the 2006 IEEE conference publication as maintained by
`
`the Pennsylvania State University. I secured this record myself from the
`
`library’s public catalog.
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`
`
`13. Attached hereto as Appendix MENDELSON07 is a true and correct copy of
`
`the table of contents for the 2006 IEEE conference publication. I secured this
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`record, as provided by the Pennsylvania State University’s library through
`
`the catalog entry for the 2006 IEEE conference publication as shown in
`
`Appendix MENDELSON06, myself.
`
`
`
`14. I have reviewed Appendix MENDELSON10, a copy of an article entitled “A
`
`Wearable Reflectance Pulse Oximeter for Remote Physiological
`
`Monitoring” by Y. Mendelson, R. J. Duckworth, and G. Comtois, as
`
`
`
`5
`
`6
`
`
`
`published in the 2006 IEEE conference publication. I secured this document
`
`myself through the table of contents for the 2006 IEEE conference
`
`publication as shown in Appendix MENDELSON07.
`
`
`
`15. Attached hereto as Appendix MENDELSON05 is a true and correct copy of
`
`the MARC record for the 2006 IEEE conference publication, as held by the
`
`Pennsylvania State University’s library in its online catalog indicated by the
`
`catalog entry as shown in Appendix MENDELSON06. The Pennsylvania
`
`State University’s online library catalog entry as shown in Appendix
`
`MENDELSON06 directs the user to a portal page within the IEEE’s online
`
`repository, IEEE Xplore, for an article entitled “A Wearable Reflectance
`
`Pulse Oximeter for Remote Physiological Monitoring” by Y. Mendelson, R.
`
`J. Duckworth, and G. Comtois. I secured this record myself from the
`
`library’s public catalog through the table of contents listing as captured in
`
`Appendix MENDELSON07.
`
`
`
`16. The MARC record contained within Appendix MENDELSON05 accurately
`
`describes the title, author, publisher, and ISBN number of the 2006 IEEE
`
`conference publication. In comparing the listed fields in Appendix
`
`MENDELSON05 to Appendix MENDELSON10, it is my determination
`
`
`
`6
`
`7
`
`
`
`that (1) Appendix MENDELSON10 is a true and correct copy of the “A
`
`Wearable Reflectance Pulse Oximeter for Remote Physiological
`
`Monitoring” article by Y. Mendelson, R. J. Duckworth, and G. Comtois, as
`
`published in the 2006 IEEE conference publication, that (2) the digital copy
`
`of the 2006 IEEE conference publication in the Pennsylvania State
`
`University’s library catalog includes the article in Appendix
`
`MENDELSON10, and that (3) the digital copy of the 2006 IEEE conference
`
`publication in the Pennsylvania State University’s library catalog is the same
`
`as the “A Wearable Reflectance Pulse Oximeter for Remote Physiological
`
`Monitoring” article by Y. Mendelson, R. J. Duckworth, and G. Comtois as
`
`published in the 2006 IEEE conference publication that is made publicly
`
`available by the Pennsylvania State University through the IEEE’s online
`
`repository, IEEE Xplore.
`
`
`
`17. The 008 field of the MARC record noted on page 1 of Appendix
`
`MENDELSON05 indicates that the 2006 IEEE conference publication was
`
`first cataloged by the Pennsylvania State University’s library as of
`
`December 26, 2007. Based on this information and considering the dates of
`
`the conference, it is my determination that the 2006 IEEE conference
`
`publication, which included the article published as Appendix
`
`
`
`7
`
`8
`
`
`
`MENDELSON10, was made available to the public by the Pennsylvania
`
`State University at least as of December 26, 2007.
`
`
`
`18. Furthermore, I accessed a copy of the 2006 IEEE conference publication
`
`directly through the IEEE’s online repository, IEEE Xplore.
`
`
`
`19. I have reviewed Appendix MENDELSON12, a copy of an article entitled “A
`
`Wearable Reflectance Pulse Oximeter for Remote Physiological
`
`Monitoring” by Y. Mendelson, R. J. Duckworth, and G. Comtois, as
`
`published in the 2006 IEEE conference publication. I secured this record
`
`myself from the IEEE’s online repository, IEEE Xplore.
`
`
`
`20. Attached hereto as Appendix IEEE01 is a true and correct copy of a
`
`declaration made by Mr. Gordon MacPherson, “Director Board Governance
`
`& IP Operations of The Institute of Electrical and Electronics Engineers,
`
`Incorporated.” Mr. MacPherson’s declaration Appendix IEEE01 states that
`
`the “IEEE publishes and makes available technical articles and standards” as
`
`part of its “ordinary course of business,” and that these publications are
`
`“made available for public download through the IEEE digital library, IEEE
`
`Xplore.”
`
`
`
`8
`
`9
`
`
`
`
`
`21. Mr. MacPherson’s declaration includes, as Exhibit A, an article referred to
`
`as “Y. Mendelson, R. J. Duckworth, and G. Comtois, “A Wearable
`
`Reflectance Pulse Oximeter for Remote Physiological Monitoring”, 2006
`
`International Conference of the IEEE Engineering in Medicine and Biology
`
`Society, August 30, 2006 - September 3, 2006,” which was obtained
`
`“through IEEE Xplore, where it is maintained in the ordinary course of
`
`IEEE’s business.” Exhibit A also includes a screen capture of the IEEE
`
`Xplore portal page for the article referred to as “Y. Mendelson, R. J.
`
`Duckworth, and G. Comtois, “A Wearable Reflectance Pulse Oximeter for
`
`Remote Physiological Monitoring”, 2006 International Conference of the
`
`IEEE Engineering in Medicine and Biology Society, August 30, 2006 -
`
`September 3, 2006.”
`
`
`
`22. In comparing the screen capture of the IEEE Xplore portal in Exhibit A of
`
`IEEE01 to the portal to which I was directed from the Pennsylvania State
`
`University’s library system, it is my determination that the IEEE Xplore
`
`portal represented in Exhibit A is the same IEEE Xplore portal (1) to which I
`
`was directed from the Pennsylvania State University’s library system, which
`
`
`
`9
`
`10
`
`
`
`I described above, and (2) through which I secured the article published as
`
`Appendix MENDELSON10.
`
`
`
`23. Based on this information, it is my determination that the IEEE Xplore
`
`portal to which I was directed from the Pennsylvania State University’s
`
`library system and through which I accessed the IEEE repository and
`
`secured the article published as Appendix MENDELSON10 was authentic.
`
`
`
`24. In comparing the screen capture of the IEEE Xplore portal in Exhibit A of
`
`IEEE01 to the IEEE Xplore portal through which I secured the article
`
`published as MENDELSON12, it is my determination that the IEEE Xplore
`
`portal represented in Exhibit A is the same IEEE Xplore portal through
`
`which I secured the article published as Appendix MENDELSON12.
`
`
`
`25. Based on this information, it is my determination that the IEEE Xplore
`
`portal through which I accessed the IEEE repository and secured the article
`
`published as Appendix MENDELSON12 was authentic.
`
`
`
`26. In comparing the listed fields in Exhibit A of Appendix IEEE01 to Appendix
`
`MENDELSON02 and to Appendix MENDELSON05 and comparing
`
`
`
`10
`
`11
`
`
`
`Exhibit A of Appendix IEEE01 to Exhibit 1010 and to Appendix
`
`MENDELSON10, it is my determination that each of Exhibit A of Appendix
`
`IEEE01, Exhibit 1010, and Appendix MENDELSON10 is a true and correct
`
`copy of the article entitled “A Wearable Reflectance Pulse Oximeter for
`
`Remote Physiological Monitoring” by Y. Mendelson, R. J. Duckworth, and
`
`G. Comtois, as published in the 2006 IEEE conference publication.
`
`
`
`27. In comparing Exhibit A of Appendix IEEE01 to Exhibit 1010 and to
`
`Appendix MENDELSON12, it is my determination that each of Exhibit A of
`
`Appendix IEEE01, Exhibit 1010, and Appendix MENDELSON12 is a true
`
`and correct copy of the article entitled “A Wearable Reflectance Pulse
`
`Oximeter for Remote Physiological Monitoring” by Y. Mendelson, R. J.
`
`Duckworth, and G. Comtois, as published in the 2006 IEEE conference
`
`publication.
`
`
`
`28. Based on this information, it is my determination that each of Exhibit A of
`
`IEEE01, Exhibit 1010, Appendix MENDELSON10, and Appendix
`
`MENDELSON12 is a true and correct copy of the article entitled “A
`
`Wearable Reflectance Pulse Oximeter for Remote Physiological
`
`Monitoring” by Y. Mendelson, R. J. Duckworth, and G. Comtois as
`
`
`
`11
`
`12
`
`
`
`published in the 2006 IEEE conference publication, and that the 2006 IEEE
`
`conference publication containing Exhibit 1010 was cataloged and made
`
`available to the public by the IEEE through its online repository, IEEE
`
`Xplore, at least as of September 3, 2006.
`
`
`
`29. Based on this information, it is my determination that each of Exhibit A of
`
`IEEE01, Exhibit 1010, Appendix MENDELSON10, and Appendix
`
`MENDELSON12 is a true and correct copy of the article entitled “A
`
`Wearable Reflectance Pulse Oximeter for Remote Physiological
`
`Monitoring” by Y. Mendelson, R. J. Duckworth, and G. Comtois, as
`
`published in the 2006 IEEE conference publication, and that the 2006 IEEE
`
`conference publication containing Exhibit 1010 was cataloged and made
`
`available to the public by Cornell University at least as of December 26,
`
`2007.
`
`
`
`30. Based on this information, it is my determination that each of Exhibit A of
`
`IEEE01, Exhibit 1010, Appendix MENDELSON10, and Appendix
`
`MENDELSON12 is a true and correct copy of the article entitled “A
`
`Wearable Reflectance Pulse Oximeter for Remote Physiological
`
`Monitoring” by Y. Mendelson, R. J. Duckworth, and G. Comtois, as
`
`
`
`12
`
`13
`
`
`
`published in the 2006 IEEE conference publication, and that the 2006 IEEE
`
`conference publication containing Exhibit 1010 was cataloged and made
`
`available to the public by the Pennsylvania State University at least as of
`
`December 26, 2007.
`
`31. I have reviewed Appendix COMTOIS04, a copy of an article entitled “A
`
`noise reference input to an adaptive filter algorithm for signal processing in
`
`a wearable pulse oximeter” by G. Comtois and Y. Mendelson, as published
`
`in the Proceedings of the 2007 IEEE 33rd Annual Northeast Bioengineering
`
`Conference, March 10 – 11, 2007 (hereinafter referred to as “2007 IEEE
`
`conference publication”). I secured this copy of the 2007 IEEE conference
`
`publication through the Pennsylvania State University’s online library
`
`catalog portal.
`
`
`
`32. Attached hereto as Appendix COMTOIS02 is a true and correct copy of the
`
`catalog entry for the 2007 IEEE conference publication as maintained by the
`
`Pennsylvania State University. I secured this record myself from the
`
`library’s public catalog.
`
`
`
`13
`
`
`
`
`
`14
`
`
`
`33. Attached hereto as Appendix COMTOIS03 is a true and correct copy of the
`
`table of contents for the 2007 IEEE conference publication. I secured this
`
`record, as provided by the Pennsylvania State University’s library through
`
`the catalog entry for the 2007 IEEE conference publication as shown in
`
`Appendix COMTOIS02, myself.
`
`
`
`34. Attached hereto as Appendix COMTOIS01 is a true and correct copy of the
`
`MARC record for the 2007 IEEE conference publication, as held by the
`
`Pennsylvania State University’s library in its online catalog. I secured this
`
`record myself from the library's public catalog through the table of contents
`
`listing as captured in COMTOIS03.
`
`
`
`35. The MARC record contained within Appendix COMTOIS01 accurately
`
`describes the title, author, publisher, and ISBN number of the 2007 IEEE
`
`conference publication. In comparing the listed fields in Appendix
`
`COMTOIS01 to COMTOIS04, it is my determination that COMTOIS04 is a
`
`true and correct copy of the “A noise reference input to an adaptive filter
`
`algorithm for signal processing in a wearable pulse oximeter” article, and
`
`that the copy of the 2007 IEEE conference publication in the Pennsylvania
`
`State University’s library includes the article in COMTOIS04.
`
`
`
`14
`
`15
`
`
`
`
`
`36. The 008 field of the MARC record noted on page 1 of Appendix
`
`COMTOIS01 indicates that the 2007 IEEE conference publication was first
`
`cataloged by the Pennsylvania State University’s library as of January 24,
`
`2007. Based on this information and considering the dates of the conference,
`
`it is my determination that the 2007 IEEE conference publication, which
`
`included the article published as Appendix COMTOIS04, was made
`
`available to the public by the Pennsylvania State University at least as of
`
`January 24, 2007.
`
`
`
`37. Attached hereto as Appendix COMTOIS05 is a true and correct copy of the
`
`MARC record for the 2007 IEEE conference publication, as held by
`
`University of Wyoming’s library in its online catalog. I secured this record
`
`myself from the library's public catalog.
`
`
`
`38. The MARC record contained within Appendix COMTOIS05 accurately
`
`describes the title, author, publisher, and ISBN number of the 2007 IEEE
`
`conference publication. In comparing the listed fields in Appendix
`
`COMTOIS05 to COMTOIS04, it is my determination that the copy of the
`
`
`
`15
`
`16
`
`
`
`2007 IEEE conference publication in University of Wyoming’s library
`
`includes the article in COMTOIS04.
`
`
`
`39. The 008 field of the MARC record noted on page 1 of Appendix
`
`COMTOIS05 indicates that the 2007 IEEE conference publication was first
`
`cataloged by University of Wyoming’s library as of January 24, 2007. Based
`
`on this information and considering the dates of the conference, it is my
`
`determination that the 2007 IEEE conference publication, which included
`
`the article published as COMTOIS04, was made available to the public by
`
`University of Wyoming at least as of January 24, 2007.
`
`
`
`40. In reviewing the listed citations at page 2 of COMTOIS04, it is my
`
`determination that the “A noise reference input to an adaptive filter
`
`algorithm for signal processing in a wearable pulse oximeter” article cites
`
`the article entitled “A Wearable Reflectance Pulse Oximeter for Remote
`
`Physiological Monitoring” by Y. Mendelson, R. J. Duckworth, and G.
`
`Comtois, as published in the 2006 IEEE conference publication. As noted
`
`above, I have also determined that Exhibit 1010 and MENDELSON10 are
`
`true and correct copies of the article entitled “A Wearable Reflectance Pulse
`
`Oximeter for Remote Physiological Monitoring” by Y. Mendelson, R. J.
`
`
`
`16
`
`17
`
`
`
`Duckworth, and G. Comtois, as published in the 2006 IEEE conference
`
`publication. Accordingly, it is my determination that the 2006 IEEE
`
`conference publication containing Exhibit 1010 would have been publicly
`
`available at least as early as the publication date of the 2007 IEEE
`
`conference publication: January 24, 2007.
`
`
`
`41. I have reviewed COMTOIS10, a copy of an article entitled “A Comparative
`
`Evaluation of Adaptive Noise Cancellation Algorithms for Minimizing
`
`Motion Artifacts in a Forehead-Mounted Wearable Pulse Oximeter” by G.
`
`Comtois, Y. Mendelson, and P. Ramuka, as published in the Proceedings of
`
`the 29th Annual International Conference of the IEEE EMBS Cité
`
`Internationale, Lyon, France, August 23 – 26, 2007 (hereinafter referred to
`
`as “2007 IEEE EMBS conference publication”).
`
`
`
`42. I obtained a copy of the 2007 IEEE EMBS conference publication through
`
`the Pennsylvania State University’s online library catalog portal.
`
`
`
`43. Attached hereto as Appendix COMTOIS06 is a true and correct copy of the
`
`catalog entry for the 2007 IEEE EMBS conference publication as
`
`
`
`17
`
`18
`
`
`
`maintained by the Pennsylvania State University. I secured this record
`
`myself from the library’s public catalog.
`
`
`
`44. Attached hereto as Appendix COMTOIS07 is a true and correct copy of the
`
`table of contents for the 2007 IEEE EMBS conference publication. I secured
`
`this record, as provided by the Pennsylvania State University’s library
`
`through the catalog entry for the 2007 IEEE EMBS conference publication
`
`as shown in Appendix COMTOIS06, myself.
`
`
`
`45. Attached hereto as Appendix COMTOIS08 is a true and correct copy of the
`
`MARC record for the 2007 IEEE EMBS conference publication, as held by
`
`the Pennsylvania State University’s library in its online catalog. I secured
`
`this record myself from the library's public catalog through the table of
`
`contents listing as captured in COMTOIS07.
`
`
`
`46. The MARC record contained within Appendix COMTOIS08 accurately
`
`describes the title, author, publisher, and ISBN number of the 2007 IEEE
`
`EMBS conference publication. In comparing the listed fields in Appendix
`
`COMTOIS08 to COMTOIS10, it is my determination that COMTOIS10 is a
`
`true and correct copy of the “A Comparative Evaluation of Adaptive Noise
`
`
`
`18
`
`19
`
`
`
`Cancellation Algorithms for Minimizing Motion Artifacts in a Forehead-
`
`Mounted Wearable Pulse Oximeter” article, and that the copy of the 2007
`
`IEEE EMBS conference publication in the Pennsylvania State University’s
`
`library includes the article in COMTOIS10.
`
`
`
`47. The 008 field of the MARC record noted on page 1 of Appendix
`
`COMTOIS08 indicates that the 2007 IEEE EMBS conference publication
`
`was first cataloged by the Pennsylvania State University’s library as of June
`
`5, 2008. Based on this information and considering the dates of the
`
`conference, it is my determination that the 2007 IEEE EMBS conference
`
`publication, which included the article published as COMTOIS10, was made
`
`available to the public by the Pennsylvania State University at least as of
`
`June 5, 2008.
`
`
`
`48. Attached hereto as Appendix COMTOIS09 is a true and correct copy of the
`
`MARC record for the 2007 IEEE EMBS conference publication, as held by
`
`Library of Congress in its online catalog. I secured this record myself from
`
`the Library’s public catalog.
`
`
`
`
`
`19
`
`20
`
`
`
`49. The MARC record contained within Appendix COMTOIS09 accurately
`
`describes the title, author, publisher, and ISBN number of the 2007 IEEE
`
`EMBS conference publication. In comparing the listed fields in Appendix
`
`COMTOIS09 to COMTOIS10, it is my determination that the copy of the
`
`2007 IEEE EMBS conference publication in the Library of Congress
`
`includes the article in COMTOIS10.
`
`
`
`50. The 008 field of the MARC record noted on page 1 of Appendix
`
`COMTOIS09 indicates that the 2007 IEEE EMBS conference publication
`
`was first cataloged by the Library of Congress as of June 5, 2008. Based on
`
`this information and considering the dates of the conference, it is my
`
`determination that the 2007 IEEE EMBS conference publication, which
`
`included the article published as COMTOIS10, was made available to the
`
`public by the Library of Congress at least as of June 5, 2008.
`
`
`
`51. In reviewing the listed citations at page 4 of COMTOIS10, it is my
`
`determination that the “A Comparative Evaluation of Adaptive Noise
`
`Cancellation Algorithms for Minimizing Motion Artifacts in a Forehead-
`
`Mounted Wearable Pulse Oximeter” article cites the article entitled “A
`
`Wearable Reflectance Pulse Oximeter for Remote Physiological
`
`
`
`20
`
`21
`
`
`
`Monitoring” by Y. Mendelson, R. J. Duckworth, and G. Comtois, as
`
`published in the 2006 IEEE conference publication. As noted above, I have
`
`also determined that Exhibit 1010 and Appendix MENDELSON10 are true
`
`and correct copies of the article entitled “A Wearable Reflectance Pulse
`
`Oximeter for Remote Physiological Monitoring” by Y. Mendelson, R. J.
`
`Duckworth, and G. Comtois, as published in the 2006 IEEE conference
`
`publication. Accordingly, it is my determination that the 2006 IEEE
`
`conference publication containing Exhibit 1010 would have been publicly
`
`available at least as early as the publication date of the 2007 IEEE EMBS
`
`conference publication, June 5, 2008.
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`
`
`52. I have been retained on behalf of the Petitioner to provide assistance in the
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`above-illustrated matter in establishing the authenticity and public
`
`availability of the documents discussed in this declaration. I am being
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`compensated for my services in this matter at the rate of $100.00 per hour
`
`plus reasonable expenses. My statements are objective, and my
`
`compensation does not depend on the outcome of this matter.
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`
`
`53. I declare under penalty of perjury that the foregoing is true and correct. I
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`hereby declare that all statements made herein of my own knowledge are
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`
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`21
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`22
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`
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`true and that all statements made on information and belief are believed to
`
`be true; and further that these statements were made the knowledge that
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`willful false statements and the like so made are punishable by fine or
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`imprisonment, or both, under Section 1001 of Title 18 of the United States
`
`Code.
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`
`
`Dated: 5/28/2021
`
`
`
`Jacob Robert Munford
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`22
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`23
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`APPENDIX A
`APPENDIX A
`
`24
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`
`
`Appendix A - Curriculum Vitae
`
`Education
`
`University of Wisconsin-Milwaukee - MS, Library & Information Science, 2009
`Milwaukee, WI
`● Coursework included cataloging, metadata, data analysis, library systems,
`management strategies and collection development.
`● Specialized in library advocacy and management.
`
`
`Grand Valley State University - BA, English Language & Literature, 2008
`Allendale, MI
`● Coursework included linguistics, documentation and literary analysis.
`● Minor in political science with a focus in local-level economics and
`government.
`
`
`Professional Experience
`
`Researcher / Expert Witness, October 2017 – present
`Freelance
`Pittsburgh, Pennsylvania
`● Material authentication and public accessibility determination. Declarations
`of authenticity and/or public accessibility provided upon research
`completion. Depositions provided on request.
`● Research provided on topics of public library operations, material
`publication history, digital database services and legacy web resources.
`● Past clients include Apple, Fish & Richardson, Erise IP, Baker Botts and
`other firms working in patent law.
`
`
`
`Library Director, February 2013 - March 2015
`Dowagiac District Library
`Dowagiac, Michigan
`● Executive administrator of the Dowagiac District Library. Located in
`Southwest Michigan, this library has a service area of 13,000, an annual
`
`25
`
`
`
`operating budget of over $400,000 and total assets of approximately
`$1,300,000.
`● Developed careful budgeting guidelines to produce a 15% surplus during the
`2013-2014 & 2014-2015 fiscal years.
`● Using this budget surplus, oversaw significant library investments including
`the purchase of property for a future building site, demolition of existing
`buildings and building renovation projects on the current facility.
`● Led the organization and digitization of the library's archival records.
`● Served as the public representative for the library, developing business
`relationships with local school, museum and tribal government entities.
`● Developed an objective-based analysis system for measuring library services
`- including a full collection analysis of the library's 50,000+ circulating
`items and their records.
`
`
`
`November 2010 - January 2013
`Librarian & Branch Manager, Anchorage Public Library
`Anchorage, Alaska
`● Headed the 2013 Anchorage Reads community reading campaign including
`event planning, staging public performances and creating marketing
`materials for mass distribution.
`● Co-led the social media department of the library's marketing team, drafting
`social media guidelines, creating original content and instituting long-term
`planning via content calendars.
`● Developed business relationships with The Boys & Girls Club, Anchorage
`School District and the US Army to establish summer reading programs for
`children.
`
`
`June 2004 - September 2005, September 2006 - October 2013
`Library Assistant, Hart Area Public Library
`Hart, MI
`● Responsible for verifying imported MARC records and original MARC
`cataloging for the local-level collection as well as the Michigan Electronic
`Library.
`● Handled OCLC Worldcat interlibrary loan requests & fulfillment via
`ongoing communication with lending libraries.
`
`26
`
`
`
`
`Professional Involvement
`
`Alaska Library Association - Anchorage Chapter
`● Treasurer, 2012
`
`
`Library Of Michigan
`● Level VII Certification, 2008
`● Level II Certification, 2013
`
`
`Michigan Library Association Annual Conference 2014
`● New Directors Conference Panel Member
`
`
`Southwest Michigan Library Cooperative
`● Represented the Dowagiac District Library, 2013-2015
`
`
`
`Professional Development
`
`Library Of Michigan Beginning Workshop, May 2008
`Petoskey, MI
`● Received training in cataloging, local history, collection management,
`children’s literacy and reference service.
`
`
`Public Library Association Intensive Library Management Training, October 2011
`Nashville, TN
`● Attended a five-day workshop focused on strategic planning, staff
`management, statistical analysis, collections and cataloging theory.
`
`
`Alaska Library Association Annual Conference 2012 - Fairbanks, February 2012
`Fairbanks, AK
`● Attended seminars on EBSCO advanced search methods, budgeting,
`cataloging, database usage and marketing.
`
`27
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`
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`
`
`APPENDIX MENDELSONO2
`APPENDIX MENDELSON02
`
`28
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`
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`ta RB56.A2 tbh 1344 2006
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`ta IEEE Engineering in Medicine and Biology Society.
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`ta 2006 28th Annual International Conference of
`New York, NY, 30 August — 3 September 2006.
`+a
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`: +b IEEE Service Center [distributor],
`
`¢c c2006.,
`
`ta Includes bibliographical references and author index.
`ta License restrictions may limit access.
`¢a Biomedical engineering +v Congresses.
`ta Biomedical materials tv Congresses.
`ta Biosensors ty Congresses.
`ta Biomedical engineering.
`+2 Fast #0 (OCoLC) fFst00832568
`ta Biomedical materials, #2 fast #0
`(OCoLC)fst00832586
`ta Biosensors.
`#2 fast #0 (OCoLC) fst00832703
`ta Conference papers and proceedings.
`+2 fast #0 (OCoLC)fst01423772
`ta Institute of Electrical and Electronics Engineers.
`#3 Full
`text available from IEEE/IET Electronic Library {IEL)
`providercode=PRVIEE tu http://proxy.library.cornell.edu/login?
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`ta 20180515 th SerialSolutions +i COO_360MARC Update2018051