1
`
`Patent Owner Masimo Corporation’s
`Demonstratives For Trial Hearing
`
`February 9, 2022
`Apple Inc. v. Masimo Corporation
`IPR2020-01722
`
`
`
`Patent Owner Masimo Corporation’s
`Demonstratives For Trial Hearing
`
`February 9, 2022
`Apple Inc. v. Masimo Corporation
`IPR2020-01722
`
`
`
`U.S. Patent No. 10,470,695
`
`Ex. 1001 Fig. 6 (annotated); POR 17
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`2
`
`
`
`U.S. Patent No. 10,470,695
`
`Emitter
`
`Diffuser
`
`Detector
`
`Side View
`
`Top View
`
`Ex. 1001 Figs. 7A, 7B (annotated); POR 6
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`3
`
`
`
`Claims at Issue
`
`6. The physiological monitoring device of claim 1, further comprising a
`diffuser which receives, spreads, and emits the spread light, wherein the
`emitted spread light is directed at the tissue measurement site.
`
`14. The method of claim 9, further comprising spreading, with a
`diffuser, the emitted light and emitting the spread light from the diffuser
`to the tissue measurement site.
`
`21. The physiological monitoring sensor of claim 19, further comprising
`a diffuser which receives, spreads, and emits the spread light, wherein
`the emitted spread light is directed at the tissue measurement site.
`
`Ex. 1001
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`4
`
`
`
`Petitioner’s Combinations
`
`2nd Ref.
`1st Ref.
`Ground Claims
`Sarantos Mendelson
`1D
`6, 14, 21
`2C
`6, 14, 21 Ackermans
`Chin
`
`3rd Ref.
`Chin
`
`Pet. 2-3; POR 16
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`5
`
`
`
`Sarantos
`
`Ex. 1014 Fig. 2 (annotated); POR 8
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`6
`
`Fitbit
`
`
`
`Sarantos
`
`Ex. 1014 Figs. 5-6 (annotated); POR 31-32
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`7
`
`
`
`Mendelson
`
`Ex. 1015 Fig. 1 (annotated); POR 10
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`8
`
`
`
`Proposed Sarantos Mendelson Chin Combination
`
`Wrist-Worn
`Reflectance-Type
`
`Forearm/Calf-Worn
`Reflectance-Type
`
`Nostril-Worn
`Transmittance-Type
`
`Ex. 1014 Fig. 2 (annotated); Ex. 1015 Fig. 1 (excerpt,
`annotated); EX1006 at Fig. 7B (annotated); POR 8, 10, 12
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`9
`
`
`
`Proposed Sarantos Mendelson Chin Combination
`
`Petitioner’s Example
`
`“The diffuser would be placed at
`the bottom edge of the
`wall/optical shield so that light
`emitted from the light source
`emitters would be shielded from
`the detectors.” Pet. 61.
`
`Pet. 61-62
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`10
`
`
`
`Proposed Sarantos Mendelson Chin Combination
`
`Petitioner’s Example
`
`“[A]mounted to nothing more
`than the use of a known
`technique to improve similar
`devices in the same way and
`combining prior art elements
`according to known methods to
`yield predictable results.” Pet. 62.
`
`Pet. 62
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`11
`
`
`
`Ackermans
`
`Ex. 1016 Figs. 1 (annotated), 4; POR 11
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`12
`
`
`
`Proposed Ackermans Chin Combination
`
`?
`
`Wrist-Worn
`Reflectance-Type
`
`Nostril-Worn
`Transmittance-Type
`
`Ex. 1016 Fig. 1 (annotated); EX1006 at Fig. 7B
`(annotated); POR 11, 12
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`13
`
`
`
`Proposed Sarantos Mendelson Chin Combination
`
`Petitioner’s Example
`
`“The diffuser would be placed at
`the bottom edge of the
`wall/optical shield so that light
`emitted from the light source
`emitters would be shielded from
`the detectors.” Pet. 103.
`
`Pet. 103
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`14
`
`
`
`Proposed Sarantos Mendelson Chin Combination
`
`Petitioner’s Example
`
`“[A]mounted to nothing more than the
`use of a known technique to improve
`similar devices in the same way and
`combining prior art elements
`according to known methods to yield
`predictable results.” Pet. 103-104.
`
`Pet. 103-104
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`15
`
`
`
`Combination Comparisons
`
`Sarantos Mendelson Chin
`the
`“The diffuser would be placed at
`bottom edge of the wall/optical shield so
`that light emitted from the light source
`emitters would be shielded from the
`detectors.” Pet. 61.
`
`Ackermans Chin
`the
`“The diffuser would be placed at
`bottom edge of the wall/optical shield so
`that light emitted from the light source
`emitters would be shielded from the
`detectors.” Pet. 103.
`
`“[A]mounted to nothing more than the
`use of a known technique to improve
`similar devices in the same way and
`combining prior art elements according
`to known methods to yield predictable
`results.” Pet. 62.
`
`“[A]mounted to nothing more than the
`use of a known technique to improve
`similar devices in the same way and
`combining prior art elements according
`to known methods to yield predictable
`results.” Pet. 103-104.
`
`Pet. 61-62, 103-104
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`16
`
`
`
`Combination Comparisons
`
`Sarantos Mendelson Chin
`
`Ackermans Chin
`
`Pet. 62.
`
`Pet. 103.
`
`Pet. 62, 103
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`17
`
`
`
`Chin
`
`“FIG. 2 illustrates a four-wire
`measurement system for a
`thermistor of the present
`invention. . . .The sensor could be
`any type of sensor, such as a
`durable sensor or a disposable
`sensor. It could attach to any
`body part, such as the earlobe,
`finger, etc. The sensor could be a
`reflectance or a transmittance
`sensor.” Ex. 1006 5:26-56
`
`Ex. 1006 5:26-56, Fig. 2 (annotated); Sur-Reply 4-5
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`18
`
`
`
`Petitioner Reference - Webster
`
`Ex. 1021 at 52; Sur-Reply 3
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`19
`
`
`
`Chin
`
`Ex. 1006 Figs. 5B, 5F (annotated); Sur-Reply 3-4
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`20
`
`
`
`Chin
`
`Ex. 1006 Figs. 5C, 5D, 5E (annotated); POR 17-18
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`21
`
`
`
`Chin
`
`Ex. 1006 Figs. 7A-7B (annotated); POR 12
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`22
`
`
`
`Chin
`
`“Also shown is an optional optical
`diffuser 180 for diffusing the light
`from emitter 176, which causes a
`further spreading or mixing of light
`and may enhance the amount of
`tissue penetrated in some
`instances.” Ex. 1006 8:24-29
`
`EX1006 at 8:24-29, Fig. 7B (annotated); POR 24, 36
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`23
`
`
`
`Petitioner’s Alleged Motivation
`
`“In addition, a POSITA would have been motivated to incorporate Chin’s
`diffuser . . . because the diffuser will cause the light ‘to pass through more
`tissue, and thus more blood,’ resulting in a stronger reflected signal at the
`detectors, which ‘allows it to be more easily processed by the oximeter
`electronics and software’
`to determine the measured physiological
`parameters.” Pet. 62-63, 104 (quoting Ex. 1006 2:4-7, 9:64-10:7).
`
`Pet. 62-63, 104
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`24
`
`
`
`Experimental Setup
`
`Ex. 2001 Appendix 1, 5
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`25
`
`
`
`Effect of Diffuser on Reflective Sensor
`
`Ex. 2001 ¶ 58
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`26
`
`
`
`Chin’s Thin Tissue
`
`Dr. Madisetti’s Deposition
`
`Ex. 1022 at 20:4-12; Sur-Reply 3-4
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`27
`
`
`
`Experiment Applicable to All Types of Sensors
`Dr. Madisetti’s Deposition
`
`Ex. 1022 at 57:21–58:14; Sur-Reply 7-8
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`28
`
`
`
`Diffuser Would Reduce Signal
`Dr. Madisetti’s Deposition
`
`Ex. 1022 at 51:15–52:9; Sur-Reply 10
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`29
`
`
`
`Diffuser Would Reduce Signal
`Dr. Madisetti’s Deposition
`
`Ex. 1022 at 61:9–62:1; Sur-Reply 8
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`30
`
`
`
`Claim 1
`
`1. A wrist-worn physiological monitoring device configured for placement on a user at a tissue measurement site, the
`device comprising:
`
`a light emission source comprising a plurality of emitters configured to irradiate the tissue measurement site by emitting
`light towards the tissue measurement site, the tissue measurement site being located on a wrist of the user, the plurality of
`emitters configured to emit one or more wavelengths;
`
`a plurality of detectors configured to detect the light emitted by the plurality of emitters after attenuation by a circular
`portion of the tissue measurement site, the plurality of detectors further configured to output at least one signal responsive
`to the detected light;
`
`a processor configured to receive the at least one signal responsive to the output and determine a physiological parameter
`of the user; and
`
`a light block forming an enclosing wall between the light emission source and the plurality of detectors, the light block
`defining the circular portion of the tissue measurement site, the light emission source arranged proximate a first side of the
`enclosing wall and the plurality of detectors arranged proximate a second side of the enclosing wall, the first side being
`different than the second side,
`
`wherein the enclosing wall prevents at least a portion of light emitted from the light emission source from being detected by
`the plurality of detectors without attenuation by the tissue, and wherein the plurality of detectors are arranged in an array
`having a spatial configuration corresponding to the circular portion of the tissue measurement site.
`
`Ex. 1001
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`31
`
`
`
`Claim 9
`
`9. A method of measuring a physiological parameter in a user's blood, the method comprising:
`
`irradiating a tissue measurement site by emitting, from a plurality of emitters of a light emission source of a physiological
`monitoring device, light of one or more wavelengths toward the tissue measurement site, the tissue measurement site
`located on a wrist of the user;
`
`detecting, with a plurality of detectors, the light emitted by the plurality of emitters of the light emission source after
`attenuation through a circular portion of the tissue measurement site; and
`
`providing a cylindrical light block forming an enclosing wall between the light emission source and the plurality of detectors,
`the light emission source arranged proximate a first side of the enclosing wall and the plurality of detectors arranged
`proximate a second side of the enclosing wall, the first side being different than the second side, wherein the enclosing
`wall prevents at least a portion of light emitted from the light emission source from being detected by the plurality of
`detectors without attenuation by the tissue measurement site, and wherein the plurality of detectors are arranged in an
`array having a circular spatial configuration, the circular spatial configuration arranged to receive said attenuated light;
`
`outputting, from the plurality of detectors, at least one signal responsive to the detected light;
`
`receiving, by a processor, the outputted at least one signal responsive to the detected light; and processing, by the
`processor, the received at least one signal responsive to the detected light to determine a physiological parameter.
`
`Ex. 1001
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`32
`
`
`
`Claim 19
`
`19. A wrist-worn physiological monitoring sensor comprising:
`
`a light emission source comprising a plurality of optical sources configured to irradiate a tissue measurement site by
`emitting light towards the tissue measurement site on a user, the tissue measurement site located on a wrist of the user,
`the plurality of optical sources configured to emit one or more wavelengths;
`
`a plurality of detectors configured to detect the light emitted by the plurality of emitters after attenuation by a circular
`portion of the tissue measurement site, the plurality of detectors further configured to output at least one signal responsive
`to the detected light;
`
`a processor configured to receive the outputted at least one signal responsive to the detected light and determine a
`physiological parameter indicative of a state or trend of wellness of the user; and
`
`a light block forming an enclosing wall between the light emission source and the plurality of detectors, the light emission
`source arranged proximate a first side of the enclosing wall and the plurality of detectors arranged proximate a second
`side of the enclosing wall, the first side being different than the second side, the light block forming a light isolation
`chamber defined by the enclosing wall, wherein the enclosing wall prevents at least a portion of light emitted from the light
`emission source from being detected by the plurality of detectors without attenuation by the tissue, and wherein the
`plurality of detectors are arranged in an array having a circular spatial configuration, the circular spatial configuration
`arranged to receive said attenuated light.
`
`Ex. 1001
`
`DEMONSTRATIVE EXHIBIT – NOT EVIDENCE
`
`33
`
`
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