Trials@uspto.gov
`571-272-7822
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` Paper 33
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` Date: April 6, 2022
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`____________
`
`IPR2020-01715
`Patent 10,631,765 B1
`____________
`
`
`
`Before JOSIAH C. COCKS, ROBERT L. KINDER, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`
`WIEKER, Administrative Patent Judge.
`
`
`
`
`JUDGMENT
`Final Written Decision
`Determining All Challenged Claims Unpatentable
`35 U.S.C. § 318(a)
`
`
`
`
`
`
`571-272-7822
`
`
`
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`
`
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` Paper 33
`
` Date: April 6, 2022
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`____________
`
`IPR2020-01715
`Patent 10,631,765 B1
`____________
`
`
`
`Before JOSIAH C. COCKS, ROBERT L. KINDER, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`
`WIEKER, Administrative Patent Judge.
`
`
`
`
`JUDGMENT
`Final Written Decision
`Determining All Challenged Claims Unpatentable
`35 U.S.C. § 318(a)
`
`
`
`
`
`
`
`IPR2020-01715
`Patent 10,631,765 B1
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`
`I.
`
`INTRODUCTION
`
`A. Background
`
`Apple Inc. (“Petitioner”) filed a Petition requesting an inter partes
`
`review of claims 1–29 (“challenged claims”) of U.S. Patent No. 10,631,765
`
`B1 (Ex. 1001, “the ’765 patent”). Paper 3 (“Pet.”). Masimo Corporation
`
`(“Patent Owner”) waived filing a preliminary response. Paper 7 (“PO
`
`Waiver”). We instituted an inter partes review of all challenged claims 1–
`
`29 on all grounds of unpatentability, pursuant to 35 U.S.C. § 314. Paper 8
`
`(“Inst. Dec.”).
`
`After institution, Patent Owner filed a Response (Paper 17, “PO
`
`Resp.”) to the Petition, Petitioner filed a Reply (Paper 21, “Pet. Reply”), and
`
`Patent Owner filed a Sur-reply (Paper 26, “PO Sur-reply”). An oral hearing
`
`was held on January 19, 2022, and a transcript of the hearing is included in
`
`the record. Paper 32 (“Tr.”).
`
`We issue this Final Written Decision pursuant to 35 U.S.C. § 318(a)
`
`and 37 C.F.R. § 42.73. For the reasons set forth below, Petitioner has met
`
`its burden of showing, by a preponderance of the evidence, that challenged
`
`claims 1–29 of the ’765 patent are unpatentable.
`
`B. Related Matters
`
`The parties identify the following matters related to the ’765 patent:
`
`Masimo Corporation v. Apple Inc., Civil Action No. 8:20-cv-00048
`
`(C.D. Cal.) (filed Jan. 9, 2020);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01714 (PTAB Sept. 30,
`
`2020) (challenging claims 1–29 of the ’765 patent);
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`Patent 10,631,765 B1
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`Apple Inc. v. Masimo Corporation, IPR2020-01520 (PTAB Aug. 31,
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`2020) (challenging claims of U.S. Patent No. 10,258,265 B1);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01521 (PTAB Sept. 2,
`
`2020) (challenging claims of U.S. Patent No. 10,292,628 B1);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01523 (PTAB Sept. 9,
`
`2020) (challenging claims of U.S. Patent No. 8,457,703 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01524 (PTAB Aug. 31,
`
`2020) (challenging claims of U.S. Patent No. 10,433,776 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01526 (PTAB Aug. 31,
`
`2020) (challenging claims of U.S. Patent No. 6,771,994 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01536 (PTAB Aug. 31,
`
`2020) (challenging claims of U.S. Patent No. 10,588,553 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01537 (PTAB Aug. 31,
`
`2020) (challenging claims of U.S. Patent No. 10,588,553 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01538 (PTAB Sept. 2,
`
`2020) (challenging claims of U.S. Patent No. 10,588,554 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01539 (PTAB Sept. 2,
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`2020) (challenging claims of U.S. Patent No. 10,588,554 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01713 (PTAB Sept. 30,
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`2020) (challenging claims of U.S. Patent No. 10,624,564 B1);
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`Apple Inc. v. Masimo Corporation, IPR2020-01716 (PTAB Sept. 2,
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`2020) (challenging claims of U.S. Patent No. 10,702,194 B1);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01722 (PTAB Oct. 2,
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`2020) (challenging claims of U.S. Patent No. 10,470,695 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01723 (PTAB Oct. 2,
`
`2020) (challenging claims of U.S. Patent No. 10,470,695 B2);
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`Apple Inc. v. Masimo Corporation, IPR2020-01733 (PTAB Sept. 30,
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`2020) (challenging claims of U.S. Patent No. 10,702,195 B1); and
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`Apple Inc. v. Masimo Corporation, IPR2020-01737 (PTAB Sept. 30,
`
`2020) (challenging claims of U.S. Patent No. 10,709,366 B1).
`
`Pet. 3–4; Paper 5, 1–4.
`
`
`
`Patent Owner further identifies the following pending patent
`
`applications, among other issued and abandoned applications, that claim
`
`priority to, or share a priority claim with, the ’765 patent:
`
`
`
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`
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`U.S. Patent Application No. 16/834,538;
`
`U.S. Patent Application No. 16/449,143; and
`
`U.S. Patent Application No. 16/805,605.
`
`
`
`Paper 5, 1–2.
`
`C. The ’765 Patent
`
`The ’765 patent is titled “Multi-Stream Data Collection System for
`
`Noninvasive Measurement of Blood Constituents,” and issued on April 28,
`
`2020, from U.S. Patent Application No. 16/725,478, filed December 23,
`
`2019. Ex. 1001, codes (21), (22), (45), (54). The ’765 patent claims priority
`
`through a series of continuation and continuation-in-part applications to
`
`Provisional Application Nos. 61/078,228 and 61/078,207, both filed July 3,
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`2008. Id. at codes (60), (63).
`
`The ’765 patent discloses a two-part data collection system including
`
`a noninvasive sensor that communicates with a patient monitor. Id. at 2:38–
`
`40. The sensor includes a sensor housing, an optical source, and several
`
`photodetectors, and is used to measure a blood constituent or analyte, e.g.,
`
`oxygen or glucose. Id. at 2:29–35, 64–65. The patient monitor includes a
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`display and a network interface for communicating with a handheld
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`computing device. Id. at 2:45–48.
`
`Figure 1 of the ’765 patent is reproduced below.
`
`
`
`Figure 1 illustrates a block diagram of data collection system 100 including
`
`sensor 101 and monitor 109. Id. at 11:47–58. Sensor 101 includes optical
`
`emitter 104 and detectors 106. Id. at 11:59–63. Emitters 104 emit light that
`
`is attenuated or reflected by the patient’s tissue at measurement site 102. Id.
`
`at 14:3–7. Detectors 106 capture and measure the light attenuated or
`
`reflected from the tissue. Id. In response to the measured light,
`
`detectors 106 output detector signals 107 to monitor 109 through front-end
`
`interface 108. Id. at 14:7–10, 26–32. Sensor 101 also may include tissue
`
`shaper 105, which may be in the form of a convex surface that: (1) reduces
`
`the thickness of the patient’s measurement site; and (2) provides more
`
`surface area from which light can be detected. Id. at 11:2–14.
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`Monitor 109 includes signal processor 110 and user interface 112. Id.
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`at 15:16–18. “[S]ignal processor 110 includes processing logic that
`
`determines measurements for desired analytes . . . based on the signals
`
`received from the detectors.” Id. at 15:21–24. User interface 112 presents
`
`the measurements to a user on a display, e.g., a touch-screen display. Id. at
`
`15:46–56. The monitor may be connected to storage device 114 and
`
`network interface 116. Id. at 15:60–16:11.
`
`
`
`The ’765 patent describes various examples of sensor devices.
`
`Figures 14D and 14F, reproduced below, illustrate detector portions of
`
`sensor devices.
`
`
`
`Figure 14D illustrates portions of a detector submount and Figure 14F
`
`illustrates portions of a detector shell. Id. at 6:44–47. As shown in
`
`Figure 14D, multiple detectors 1410c are located within housing 1430 and
`
`under transparent cover 1432, on which protrusion 605b (or partially
`
`cylindrical protrusion 605) is disposed. Id. at 35:36–39, 36:30–37.
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`Figure 14F illustrates a detector shell 306f including detectors 1410c on
`
`substrate 1400c. Id. at 37:9–17. Substrate 1400c is enclosed by shielding
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`enclosure 1490 and noise shield 1403, which include window 1492a and
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`window 1492a, respectively, placed above detectors 1410c. Id.
`
`Alternatively, cylindrical housing 1430 may be disposed under noise
`
`shield 1403 and may enclose detectors 1410c. Id. at 37:47–48.
`
`
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`Figures 4A and 4B, reproduced below, illustrate an alternative
`
`example of a tissue contact area of a sensor device.
`
`
`
`Figures 4A and 4B illustrate arrangements of protrusion 405 including
`
`measurement contact area 470. Id. at 23:18–24. “[M]easurement site
`
`contact area 470 can include a surface that molds body tissue of a
`
`measurement site.” Id. “For example, . . . measurement site contact
`
`area 470 can be generally curved and/or convex with respect to the
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`measurement site.” Id. at 23:39–43. The measurement site contact area may
`
`include windows 420–423 that “mimic or approximately mimic a
`
`configuration of, or even house, a plurality of detectors.” Id. at 23:49–63.
`
`D. Illustrative Claim
`
`Of the challenged claims, claims 1 and 21 are independent. Claim 1 is
`
`illustrative and is reproduced below.
`
`1. A physiological measurement system comprising:
`
`[a] a physiological sensor device comprising:
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`[b] one or more emitters configured to emit light into tissue
`of a user;
`
`[c] at least four detectors, wherein each of the at least four
`detectors has a corresponding window that allows light
`to pass through to the detector;
`
`[d] a wall that surrounds at least the at least four detectors;
`and
`
`[e] a cover comprising a protruding convex surface, wherein
`the protruding convex surface is above all of the at least
`four detectors, wherein at least a portion of the
`protruding convex surface is rigid, and wherein the
`cover operably connects to the wall; and
`
`[f] a handheld computing device in wireless communication with
`the physiological sensor device, wherein the handheld
`computing device comprises:
`
`[g] one or more processors configured to wirelessly
`receive one or more signals from the physiological
`sensor device, the one or more signals responsive to
`at least a physiological parameter of the user;
`
`[h] a touch-screen display configured to provide a user
`interface, wherein:
`
`[i] the user interface is configured to display indicia
`responsive to measurements of the physiological
`parameter, and
`
`[j] an orientation of the user interface is configurable
`responsive to a user input; and
`
`[k] a storage device configured to at least temporarily store
`at least the measurements of the physiological
`parameter.
`
`Ex. 1001, 44:51–45:15 (bracketed identifiers a–k added). Independent claim
`
`21 includes limitations substantially similar to limitations [a]–[f] of claim 1.
`
`Id. at 46:31–49.
`
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`E. Applied References
`
`Petitioner relies upon the following references:
`
`Bergey, U.S. Patent No. 3,789,601, filed July 15, 1971, issued
`February 5, 1974 (Ex. 1016, “Bergey”);
`
`Ohsaki et al., U.S. Patent Application Publication No.
`2001/0056243 A1, filed May 11, 2001, published December 27, 2001
`(Ex. 1009, “Ohsaki”);
`
`Aizawa, U.S. Patent Application Publication No.
`2002/0188210 A1, filed May 23, 2002, published December 12, 2002
`(Ex. 1006, “Aizawa”);
`
`Inokawa et al., Japanese Patent Application Publication
`No. 2006-296564 A, filed April 18, 2005, published November 2,
`2006 (Ex. 1007, “Inokawa”);1 and
`
`Y. Mendelson et al., “A Wearable Reflectance Pulse Oximeter
`for Remote Physiological Monitoring,” Proceedings of the 28th IEEE
`EMBS Annual International Conference, 912–915 (2006) (Ex. 1010,
`“Mendelson-2006”).
`
`Pet. 10.
`
`Petitioner also submits, inter alia, the Declaration of Thomas W.
`
`Kenny, Ph.D. (Ex. 1003), and the Second Declaration of Thomas W. Kenny
`
`(Ex. 1047). Patent Owner submits, inter alia, the Declaration of Vijay K.
`
`Madisetti, Ph.D. (Ex. 2004). The parties also provide deposition testimony
`
`from Dr. Kenny and Dr. Madisetti, including from this proceeding and
`
`others. See Exs. 1052–1054, 2006–2009, 2027.
`
`
`1 Petitioner relies on a certified English translation of Inokawa (Ex. 1008).
`In this Decision, we also refer to the translation.
`
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`F. Asserted Grounds of Unpatentability
`
`We instituted an inter partes review based on the following grounds.
`
`Claim(s) Challenged
`
`35 U.S.C. §
`
`References/Basis
`
`1–8, 10–13, 15–29
`
`9
`
`14
`
`103
`
`103
`
`103
`
`Aizawa, Inokawa, Ohsaki,
`Mendelson-2006
`Aizawa, Inokawa, Ohsaki,
`Mendelson-2006, Bergey
`Aizawa, Inokawa, Ohsaki,
`Mendelson-2006, Goldsmith
`
`II. DISCUSSION
`
`A. Claim Construction
`
`For petitions filed on or after November 13, 2018, a claim shall be
`
`construed using the same claim construction standard that would be used to
`
`construe the claim in a civil action under 35 U.S.C. § 282(b). 37 C.F.R.
`
`§ 42.100(b) (2019). Petitioner submits that no claim term requires express
`
`construction. Pet. 9. Patent Owner submits that claim terms should be given
`
`their ordinary and customary meaning, consistent with the Specification. PO
`
`Resp. 9.
`
`We agree that no claim terms require express construction. Nidec
`
`Motor Corp. v. Zhongshan Broad Ocean Motor Co. Ltd., 868 F.3d 1013,
`
`1017 (Fed. Cir. 2017).
`
`B. Principles of Law
`
`A claim is unpatentable under 35 U.S.C. § 103(a) if “the differences
`
`between the subject matter sought to be patented and the prior art are such
`
`that the subject matter as a whole would have been obvious at the time the
`
`invention was made to a person having ordinary skill in the art to which said
`
`subject matter pertains.” KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 406
`
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`(2007). The question of obviousness is resolved on the basis of underlying
`
`factual determinations, including (1) the scope and content of the prior art;
`
`(2) any differences between the claimed subject matter and the prior art;
`
`(3) the level of skill in the art; and (4) objective evidence of
`
`nonobviousness.2 Graham v. John Deere Co., 383 U.S. 1, 17–18 (1966).
`
`When evaluating a combination of teachings, we must also “determine
`
`whether there was an apparent reason to combine the known elements in the
`
`fashion claimed by the patent at issue.” KSR, 550 U.S. at 418 (citing In re
`
`Kahn, 441 F.3d 977, 988 (Fed. Cir. 2006)). Whether a combination of
`
`elements would have produced a predictable result weighs in the ultimate
`
`determination of obviousness. Id. at 416–417.
`
`In an inter partes review, the petitioner must show with particularity
`
`why each challenged claim is unpatentable. Harmonic Inc. v. Avid Tech.,
`
`Inc., 815 F.3d 1356, 1363 (Fed. Cir. 2016); 37 C.F.R. § 42.104(b). The
`
`burden of persuasion never shifts to Patent Owner. Dynamic Drinkware,
`
`LLC v. Nat’l Graphics, Inc., 800 F.3d 1375, 1378 (Fed. Cir. 2015). To
`
`prevail, Petitioner must support its challenge by a preponderance of the
`
`evidence. 35 U.S.C. § 316(e); 37 C.F.R. § 42.1(d).
`
`We analyze the challenges presented in the Petition in accordance
`
`with the above-stated principles.
`
`C. Level of Ordinary Skill in the Art
`
`Petitioner identifies the appropriate level of skill in the art as that
`
`possessed by a person with “a Bachelor of Science degree in an academic
`
`discipline emphasizing the design of electrical, computer, or software
`
`
`2 Patent Owner has not presented objective evidence of non-obviousness.
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`technologies, in combination with training or at least one to two years of
`
`related work experience with capture and processing of data or information.”
`
`Pet. 9 (citing Ex. 1003 ¶¶ 20–21). “Alternatively, the person could have also
`
`had a Master of Science degree in a relevant academic discipline with less
`
`than a year of related work experience in the same discipline.” Id.
`
`Patent Owner makes several observations regarding Petitioner’s
`
`identified level of skill in the art but, “[f]or this proceeding, [Patent Owner]
`
`nonetheless applies Petitioner’s asserted level of skill.” PO Resp. 9–10
`
`(citing Ex. 2004 ¶¶ 32–35).
`
`We adopt Petitioner’s assessment as set forth above, which appears
`
`consistent with the level of skill reflected in the Specification and prior art.
`
`D. Obviousness over the Combined Teachings of
`Aizawa, Inokawa, Ohsaki, and Mendelson-2006
`
`Petitioner contends that claims 1–8, 10–13, and 15–29 of the ’765
`
`patent would have been obvious over the combined teachings of Aizawa,
`
`Inokawa, Ohsaki, and Mendelson-2006. Pet. 11–93; see generally Pet.
`
`Reply. Patent Owner disagrees. PO Resp. 11–66; see generally PO Sur-
`
`reply.
`
`Based on our review of the parties’ arguments and the cited evidence
`
`of record, we determine that Petitioner has met its burden of showing by a
`
`preponderance of evidence that claims 1–8, 10–13, and 15–29 are
`
`unpatentable.
`
`1. Overview of Aizawa (Ex. 1006)
`
`Aizawa is a U.S. patent application publication titled “Pulse Wave
`
`Sensor and Pulse Rate Detector,” and discloses a pulse wave sensor that
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`detects light output from a light emitting diode and reflected from a patient’s
`
`artery. Ex. 1006, codes (54), (57).
`
`Figure 1(a) of Aizawa is reproduced below.
`
`
`
`Figure 1(a) is a plan view of a pulse wave sensor. Id. ¶ 23. As shown in
`
`Figure 1(a), pulse wave sensor 2 includes light emitting diode (“LED”) 21,
`
`four photodetectors 22 symmetrically disposed around LED 21, and
`
`holder 23 for storing LED 21 and photodetectors 22. Id. Aizawa discloses
`
`that, “to further improve detection efficiency, . . . the number of the
`
`photodetectors 22 may be increased.” Id. ¶ 32, Fig. 4(a). “The same effect
`
`can be obtained when the number of photodetectors 22 is 1 and a plurality of
`
`light emitting diodes 21 are disposed around the photodetector 22.” Id. ¶ 33.
`
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`Figure 1(b) of Aizawa is reproduced below.
`
`
`
`Figure 1(b) is a sectional view of the pulse wave sensor. Id. ¶ 23. As shown
`
`in Figure 1(b), pulse wave sensor 2 includes drive detection circuit 24 for
`
`detecting a pulse wave by amplifying the outputs of photodetectors 22. Id.
`
`¶ 23. Arithmetic circuit 3 computes a pulse rate from the detected pulse
`
`wave and transmitter 4 transmits the pulse rate data to an “unshown
`
`display.” Id. The pulse rate detector further includes outer casing 5 for
`
`storing pulse wave sensor 2, acrylic transparent plate 6 mounted to detection
`
`face 23a of holder 23, and attachment belt 7. Id. ¶ 23.
`
`Aizawa discloses that LED 21 and photodetectors 22 “are stored in
`
`cavities 23b and 23c formed in the detection face 23a” of the pulse wave
`
`sensor. Id. ¶ 24. Detection face 23a “is a contact side between the holder 23
`
`and a wrist 10, respectively, at positions where the light emitting face 21s of
`
`the light emitting diode 21 and the light receiving faces 22s of the
`
`photodetectors 22 are set back from the above detection face 23a.” Id. ¶ 24.
`
`Aizawa discloses that “a subject carries the above pulse rate detector 1 on
`
`the inner side of his/her wrist 10 . . . in such a manner that the light emitting
`
`face 21s of the light emitting diode 21 faces down (on the wrist 10 side).”
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`Id. ¶ 26. Furthermore, “the above belt 7 is fastened such that the acrylic
`
`transparent plate 6 becomes close to the artery 11 of the wrist 10. Thereby,
`
`adhesion between the wrist 10 and the pulse rate detector 1 is improved.”
`
`Id. ¶¶ 26, 34.
`
`2. Overview of Inokawa (Ex. 1007)
`
`Inokawa is a Japanese published patent application titled “Optical
`
`Vital Sensor, Base Device, Vital Sign Information Gathering System, and
`
`Sensor Communication Method,” and discloses a pulse sensor device.
`
`Ex. 1008 ¶ 6.
`
`Figure 1 of Inokawa is reproduced below.
`
`
`
`Figure 1 illustrates a schematic view of a pulse sensor. Id. ¶ 56. Pulse
`
`sensor 1 includes box-shaped sensor unit 3 and flexible annular wristband 5.
`
`Id. ¶ 57. Sensor unit 3 includes a top surface with display 7 and control
`
`switch 9, and a rear surface (sensor-side) with optical device component 11
`
`for optically sensing a user’s pulse. Id.
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`Figure 2 of Inokawa is reproduced below.
`
`
`
`Figure 2 illustrates a schematic view of the rear surface of the pulse sensor.
`
`Id. ¶ 58. The rear-side (sensor-side) of pulse sensor 1 includes a pair of
`
`light-emitting elements, i.e., green LED 21 and infrared LED 23, as well as
`
`photodiode 25 and lens 27. Id. In various embodiments, Inokawa discloses
`
`that the sensor-side lens is convex. See id. ¶¶ 99, 107. Green LED 21 is
`
`used to sense “the pulse from the light reflected off of the body (i.e.[,]
`
`change in the amount of hemoglobin in the capillary artery),” and infrared
`
`LED 23 is used to sense body motion from the change in reflected light. Id.
`
`¶ 59. The pulse sensor stores this information in memory. Id. ¶ 68. To read
`
`and store information, the pulse sensor includes a CPU that “performs the
`
`processing to sense pulse, body motion, etc. from the signal . . . and
`
`temporarily stores the analysis data in the memory.” Id. ¶ 69.
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`Figure 3 of Inokawa is reproduced below.
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`Figure 3 illustrates a schematic view of a pulse sensor mounted to a base
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`device. Id. ¶ 60. Pulse sensor 1 is depicted as mounted to base device 17,
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`which “is a charger with communication functionality.” Id. When so
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`mounted, sensor optical device component 11 and base optical device
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`component 41 face each other in close proximity. Id. ¶ 66. In this position,
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`pulse sensor 1 can output information to the base device through the coupled
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`optical device components. Id. ¶ 67. Specifically, the pulse sensor CPU
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`performs the controls necessary to transmit pulse information using infrared
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`LED 23 to photodetector 45 of base device 17. Id. ¶¶ 67, 70, 76. In an
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`alternative embodiment, additional sensor LEDs and base photodetectors can
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`be used to efficiently transmit data and improve accuracy. Id. ¶ 111.
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`3. Overview of Ohsaki (Ex. 1009)
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`Ohsaki is a U.S. patent application publication titled “Wristwatch-type
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`Human Pulse Wave Sensor Attached on Back Side of User’s Wrist,” and
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`discloses an optical sensor for detecting a pulse wave of a human body.
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`Ex. 1009, code (54), ¶ 3. Figure 1 of Ohsaki is reproduced below.
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`Figure 1 illustrates a cross-sectional view of pulse wave sensor 1 attached on
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`the back side of user’s wrist 4. Id. ¶¶ 12, 16. Pulse wave sensor 1 includes
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`detecting element 2 and sensor body 3. Id. ¶ 16.
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`Figure 2 of Ohsaki, reproduced below, illustrates further detail of
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`detecting element 2.
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`Figure 2 illustrates a mechanism for detecting a pulse wave. Id. ¶ 13.
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`Detecting element 2 includes package 5, light emitting element 6, light
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`receiving element 7, and translucent board 8. Id. ¶ 17. Light emitting
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`element 6 and light receiving element 7 are arranged on circuit board 9
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`inside package 5. Id. ¶¶ 17, 19.
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`“[T]ranslucent board 8 is a glass board which is transparent to light,
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`and attached to the opening of the package 5. A convex surface is formed
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`on the top of the translucent board 8.” Id. ¶ 17. “[T]he convex surface of
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`the translucent board 8 is in intimate contact with the surface of the user’s
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`skin,” preventing detecting element 2 from slipping off the detecting
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`position of the user’s wrist. Id. ¶ 25. By preventing the detecting element
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`from moving, the convex surface suppresses “variation of the amount of the
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`reflected light which is emitted from the light emitting element 6 and
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`reaches the light receiving element 7 by being reflected by the surface of the
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`user’s skin.” Id. Additionally, the convex surface prevents penetration by
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`“noise such as disturbance light from the outside.” Id.
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`
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`Sensor body 3 is connected to detecting element 2 by signal line 13.
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`Id. ¶ 20. Signal line 13 connects detecting element 2 to drive circuit 11,
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`microcomputer 12, and a monitor display (not shown). Id. Drive circuit 11
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`drives light emitting element 6 to emit light toward wrist 4. Id. Detecting
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`element 2 receives reflected light which is used by microcomputer 12 to
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`calculate pulse rate. Id. “The monitor display shows the calculated pulse
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`rate.” Id.
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`4. Mendelson-2006 (Ex. 1010)
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`Mendelson-2006 is a journal article titled “A Wearable Reflectance
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`Pulse Oximeter for Remote Physiological Monitoring,” and discloses a
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`wireless wearable pulse oximeter connected to a personal digital assistant
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`(“PDA”). Ex. 1010, 1.3
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`Figure 1 of Mendelson-2006 is reproduced below.
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`Figure 1 illustrates a sensor module attached to the skin (top), and a
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`photograph of a disassembled sensor module and receiver module (bottom).
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`The sensor module includes an optical transducer, a stack of round printed
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`circuit boards, and a coin cell battery. Id. at 2.
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`3 Petitioner cites to the page numbers added to Exhibit 1010, rather than the
`native page numbering that accompanies the article. See, e.g., Pet. 20–22.
`We follow Petitioner’s numbering scheme.
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`20
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`Figure 2 of Mendelson-2006 is reproduced below.
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`
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`Figure 2 depicts a system block diagram of the wearable, wireless, pulse
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`oximeter including the sensor module (top) and the receiver module
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`(bottom). Id. The sensor module includes at least one light-emitting diode
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`(“LED”), a photodetector, signal processing circuitry, an embedded
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`microcontroller, and an RF transceiver. Id. at 1–2. Mendelson-2006
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`discloses that a concentric array of discrete photodetectors could be used to
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`increase the amount of backscattered light detected by a reflectance type
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`pulse oximeter sensor. Id. at 4. The receiver module includes an embedded
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`microcontroller, an RF transceiver for communicating with the sensor
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`module, and a wireless module for communicating with the PDA. Id. at 2.
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`As a PDA for use with the system, Mendelson-2006 discloses “the HP
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`iPAQ h4150 PDA because it can support both 802.11b and Bluetooth™
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`wireless communication” and “has sufficient computational resources.” Id.
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`at 3. Mendelson-2006 further discloses that
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`21
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`[t]he use of a PDA as a local terminal also provides a low-cost
`touch screen interface. The user-friendly touch screen of the
`PDA offers additional flexibility. It enables multiple controls to
`occupy the same physical space and the controls appear only
`when needed. Additionally, a touch screen reduces development
`cost and time, because no external hardware is required. . . . The
`PDA can also serve to temporarily store vital medical
`information received from the wearable unit.
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`Id.
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`The PDA is shown in Figure 3 of Mendelson-2006, reproduced below.
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`
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`Figure 3 illustrates a sample PDA and its graphical user interface (“GUI”).
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`Id. Mendelson-2006 explains that the GUI allows the user to interact with
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`the wearable system. Id. “The GUI was configured to present the input and
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`output information to the user and allows easy activation of various
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`functions.” Id. “The GUI also displays the subject’s vital signs, activity
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`level, body orientation, and a scrollable PPG waveform that is transmitted by
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`the wearable device.” Id. For example, the GUI displays numerical oxygen
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`saturation (“SpO2”) and heart rate (“HR”) values. Id.
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`5. Independent Claim 1
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`Petitioner contends that claim 1 would have been obvious over the
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`combined teachings of Aizawa, Inokawa, Ohsaki, and Mendelson-2006.
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`Pet. 11–62. Below, we set forth how the combination of prior art references
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`teaches or suggests the claim limitations that are not disputed by the parties.
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`For those limitations and reasons for combining the references that are
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`disputed, we examine each of the parties’ contentions and then provide our
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`analysis.
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`i. “A physiological measurement system comprising”
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`The cited evidence supports Petitioner’s undisputed contention that
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`Aizawa satisfies the subject matter of the preamble.4 Pet. 38; see, e.g.,
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`Ex. 1006 ¶ 2 (“The present invention relates to a pulse wave sensor for
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`detecting the pulse wave of a subject.”).
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`ii. “[a] a physiological sensor device comprising”
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`The cited evidence supports Petitioner’s undisputed contention that
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`Aizawa discloses a physiological sensor device including a pulse rate
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`detector. Pet. 38–41; see, e.g., Ex. 1006 ¶ 23 (pulse wave sensor 2),
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`Figs. 1(a)–(b).
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`4 Whether the preamble is limiting need not be resolved because Petitioner
`shows sufficiently that the preamble’s subject matter is satisfied by the art.
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`iii. “[b] one or more emitters configured to emit light into tissue of a user”
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`Petitioner’s Undisputed Contentions
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`Petitioner contends that Aizawa discloses one emitter—LED 21—and
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`also states that, in certain embodiments, multiple LEDs may be employed.
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`Pet. 11, 20–21. Patent Owner does not dispute this contention, and we agree
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`with Petitioner that Aizawa discloses “one or more emitters” as claimed.
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`See Ex. 1006 ¶¶ 23 (“LED 21”), 32 (“The arrangement of the light emitting
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`diode 21 and the photodetectors 22 is not limited to this.”). For example,
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`Aizawa explains that “[t]he same effect can be obtained when the number of
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`photodetectors 22 is 1 and a plurality of light emitting diodes 21 are
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`disposed around the photodetector.” Id. ¶ 33.
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`Petitioner also contends that Inokawa teaches a sensor with two
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`LEDs–a green LED to sense pulse and an infrared LED to sense body
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`motion. Pet. 14, 20. Petitioner also contends that when Inokawa’s sensor is
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`mounted on a base device, the infrared LED also is used to wirelessly
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`transmit vital information to the base device. Id. at 14–15, 20–21. Patent
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`Owner does not dispute these contentions, and we agree with Petitioner.
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`Inokawa teaches a pair of LEDs 21, 23, where “the basic function of the S-
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`side green LED 21 is to sense the pulse from the light reflected off of the
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`body . . ., while the S-side infrared LED 23 serves to sense body motion
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`from the change in this reflected light.” Ex. 1008 ¶¶ 58–59. Inokawa also
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`explains that “vital sign information stored in the memory 63 [of the sensor],
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`such as pulse and body motion, is transmitted to the base device 17 using the
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`S-side infrared LED 23 of the pulse sensor 1 and the B-side PD 45 of the
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`base device 17,” such that “there is no need to use a special wireless
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`communication circuit or a communication cable.” Id. ¶¶ 76–77.
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`Petitioner’s Disputed Contentions
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`Moreover, Petitioner contends that a person of ordinary skill in the art
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`would have been motivated to modify Aizawa “to include an additional LED
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`as taught by Inokawa to improve the detected pulse wave by distinguishing
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`between blood flow detection and body movement.” Pet. 20, 42–43.
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`According to Dr. Kenny, “[i]n this manner, Aizawa’s sensor is improved by
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`using a separate LED to account for motion load that the system already
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`records and accounts for.” Ex. 1003 ¶ 85.
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`As a second and independent motivation, Petitioner also contends that
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`such a modification also would have provided “additional functionality,
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`including that of a wireless communication method,” which would have
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`“eliminate[d] problems associated with a physical cable, and, as taught by
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`Inokawa, without requiring a separate RF circuit.” Pet. 20–21. Petitioner
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`contends that although Aizawa discloses data transmission, Aizawa “is silent
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`about how such transmission would be implemented.” Id. at 21. According
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`to Petitioner, a skilled artisan “would have recognized that Aizawa’s LED
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`could have been used for wireless data communication with a personal
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`computer to eliminate problems associated with a physical cable, and, as
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`taught by Inokawa, without requiring a separate RF,” which “would result in
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`enhanced accuracy of the transmitted information.” Id. According to
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`Dr. Kenny, “the LEDs provided on the sensor can be used not only to detect
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`pulse rate but also to ‘accurately, easily, and without malfunction’ transmit
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`sensed data to a base stat
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