IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Al-Ali
`In re Patent of:
`U.S. Patent No.:
`10,470,695 Attorney Docket No.: 50095-0004IP1
`November 12, 2019
`Issue Date:
`Appl. Serial No.: 16/226,249
`Filing Date:
`December 19, 2018
`Title:
`ADVANCED PULSE OXIMETRY SENSOR
`
`DECLARATION OF DR. BRIAN W. ANTHONY
`
`I, Brian W. Anthony, of Cambridge, MA, declare that:
`
` My name is Dr. Brian W. Anthony. I am an Associate Principal
`
`Research Scientist at the Institute of Medical Engineering & Science at
`
`Massachusetts Institute of Technology (MIT). I am also a Principal Research
`
`Scientist at MIT’s Mechanical Engineering department, Director of the Master of
`
`Engineering in Advanced Manufacturing and Design Program at MIT, a Co-
`
`Director of the Medical Electronic Device Realization Center of the Institute of
`
`Medical Engineering & Science, and Associate Director of MIT.nano. My current
`
`curriculum vitae is attached and some highlights follow.
`
`
`
`I earned my B.S. in Engineering (1994) from Carnegie Mellon
`
`University. I earned my M.S. (1998) and Ph.D. (2006) in Engineering from MIT.
`
`My research focused on high-performance computation, signal processing, and
`
`electro-mechanical system design.
`
`1
`
`APPLE 1003
`
`
`
`Al-Ali
`In re Patent of:
`U.S. Patent No.:
`10,470,695 Attorney Docket No.: 50095-0004IP1
`November 12, 2019
`Issue Date:
`Appl. Serial No.: 16/226,249
`Filing Date:
`December 19, 2018
`Title:
`ADVANCED PULSE OXIMETRY SENSOR
`
`DECLARATION OF DR. BRIAN W. ANTHONY
`
`I, Brian W. Anthony, of Cambridge, MA, declare that:
`
` My name is Dr. Brian W. Anthony. I am an Associate Principal
`
`Research Scientist at the Institute of Medical Engineering & Science at
`
`Massachusetts Institute of Technology (MIT). I am also a Principal Research
`
`Scientist at MIT’s Mechanical Engineering department, Director of the Master of
`
`Engineering in Advanced Manufacturing and Design Program at MIT, a Co-
`
`Director of the Medical Electronic Device Realization Center of the Institute of
`
`Medical Engineering & Science, and Associate Director of MIT.nano. My current
`
`curriculum vitae is attached and some highlights follow.
`
`
`
`I earned my B.S. in Engineering (1994) from Carnegie Mellon
`
`University. I earned my M.S. (1998) and Ph.D. (2006) in Engineering from MIT.
`
`My research focused on high-performance computation, signal processing, and
`
`electro-mechanical system design.
`
`1
`
`APPLE 1003
`
`
`
`
`
`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
`
`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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`
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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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`
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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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`
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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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`
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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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`
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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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` My record of professional service includes recognitions from several
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`professional organizations in my field of expertise.
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`
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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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`
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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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`
`
`I have been retained on behalf of Apple Inc. to offer technical
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`opinions relating to U.S. Patent No. 10,470,695 (“the ’695 Patent”) and prior art
`
`references relating to its subject matter. I have reviewed the ’695 Patent and
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`relevant excerpts of the prosecution history of the ’695 Patent. I have also
`
`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. 8,998,815 to Venkatraman et al. (“Venkatraman” or
`
`APPLE-1005)
`
` U.S. Patent No. 6,343,223 to Chin et al. (“Chin” or APPLE-1006)
`
` U.S. Patent No. 9,392,946 to Sarantos et al. (“Sarantos” or APPLE-1014)
`
` Mendelson et al., Skin Reflectance Pulse Oximetry: In Vivo Measurements
`
`from the Forearm and Calf, Journal of Clinical Monitoring Vol. 7 No. 1, pp.
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`7-12 (January 1991) (“Mendelson-1991” or APPLE-1015)
`
` PCT Pub. No. WO 2011/051888 to Ackermans et al. (“Ackermans” or
`
`APPLE-1016)
`
` U.S. Patent No. 4,295,472 to Adams (“Adams” or APPLE-1018)
`
` U.S. Patent No. 7,415,298 to Casciani et al. (“Casciani” or APPLE-1019)
`
`
`
`5
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`
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` 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 ’695 Patent at the
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`time of the earliest possible priority date of the ’695 Patent, and I have done so
`
`during my review of these materials. The application leading to the ’695 Patent
`
`was filed on December 19, 2018 and claims the benefit of an earlier application
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`filed June 28, 2016, and a provisional application filed July 2, 2015 (the “Critical
`
`Date”). Counsel has informed me that the Critical Date represents the earliest
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`priority date to which the challenged claims of ’695 Patent are entitled, and I have
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`therefore used that Critical Date in my analysis below.
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`
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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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`
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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
`
`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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`6
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`
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` My opinions, as explained below, are based on my education,
`
`experience, and expertise in the fields relating to the ’695 Patent. Unless otherwise
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`stated, my testimony below refers to the knowledge of one of ordinary skill in the
`
`fields as of the Critical Date, or before. Any figures that appear within this
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`document have been prepared with the assistance of Counsel and reflect my
`
`understanding of the ’695 Patent and the prior art discussed below.
`
`I.
`
`Background
` The ’695 patent, entitled “Advanced Pulse Oximetry Sensor,” issued
`
`from an application filed on December 19, 2018, and claims priority to an earlier
`
`application filed on June 28, 2016, and a provisional application filed July 2, 2015
`
`(the Critical Date). See APPLE-1001, Face. The ’695 patent describes a
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`“reflective pulse oximetry sensor” that emits light towards a “tissue measurement
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`site” on a user’s body, such as their wrist, and “detects the emitted light that is
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`reflected by the tissue measurement site.” Id., 10:40-45. The sensor includes
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`“emitter” components (e.g., light emitting diodes (LEDs)) used to emit light into
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`the tissue measurement site, and
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`“detector” components (e.g., photodiodes, phototransistors) that detect the
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`reflected light and provide a corresponding signal to a processor or other
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`component representing the intensity of the reflected light. Id., 10:52-64, 11:31-
`
`43. Based on fluctuations in the intensity of the reflected light, various
`
`7
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`
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`physiological parameters (e.g., pulse rate, blood oxygen saturation) can be
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`calculated. Id., 12:1-15. A “light blocker” separates the emitters from the
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`detectors in order to “ensure[] that the only light detected by the detector 710 is
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`light that is reflected from the tissue measurement site.” Id., 11:19-20.
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`Independent claim 1 is representative:
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`1. A wrist-worn physiological monitoring device configured
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`for placement on a user at a tissue measurement site, the device
`
`comprising:
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`a light emission source comprising a plurality of emitters
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`configured to irradiate the tissue measurement site by emitting
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`light towards the tissue measurement site, the tissue
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`measurement site being located on a wrist of the user, the
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`plurality of emitters configured to emit one or more
`
`wavelengths;
`
`a plurality of detectors configured to detect the light emitted by
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`the plurality of emitters after attenuation by a circular portion of
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`the tissue measurement site, the plurality of detectors further
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`configured to output at least one signal responsive to the
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`detected light;
`
`8
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`
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`a processor configured to receive the at least one signal
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`responsive to the output and determine a physiological
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`parameter of the user; and
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`a light block forming an enclosing wall between the light
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`emission source and the plurality of detectors, the light block
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`defining the circular portion of the tissue measurement site, the
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`light emission source arranged proximate a first side of the
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`enclosing wall and the plurality of detectors arranged proximate
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`a second side of the enclosing wall, the first side being different
`
`than the second side,
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`wherein the enclosing wall prevents at least a portion of light
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`emitted from the light emission source from being detected by
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`the plurality of detectors without attenuation by the tissue, and
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`wherein the plurality of detectors are arranged in an array
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`having a spatial configuration corresponding to the circular
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`portion of the tissue measurement site.
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`
`
`II. Level of Ordinary Skill in the Art
` Based on the foregoing and upon my experience in this area, a person
`
`of ordinary skill in the art as of the Critical Date of the ’695 patent (a “POSITA”)
`
`9
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`
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`would have had at least a Bachelor’s Degree in an academic area emphasizing
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`electrical engineering, computer science, or a similar discipline, and in
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`combination with training or at least one to two years of related work experience
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`with capture and processing of data or information, including but not limited to
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`physiological monitoring technologies. In addition, the POSITA would have had a
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`working knowledge of physiological monitoring technologies. Superior education
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`could compensate for a deficiency in work experience, and vice-versa.
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` 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.
`
`
`
`I have performed my analysis through the lens of a POSITA as of the
`
`Critical Date.
`
`III.
`
`Interpretations of the ’695 Patent Claims at Issue
`
`I understand that, for purposes of my analysis in this inter partes
`
`review proceeding, the terms appearing in the patent claims should generally be
`
`interpreted according to their “ordinary and customary meaning.” See Phillips v.
`
`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
`
`invention.” Id. at 1313. I also understand that the person of ordinary skill in the
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`10
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`
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`art is deemed to read the claim term not only in the context of the particular claim
`
`in which the disputed term appears, but in the context of the entire patent,
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`including the specification. Id.
`
`IV. Sarantos
`A. Overview of Sarantos
` Sarantos describes a “wristband-type wearable fitness monitor” that
`
`measures “physiological parameters” of the wearer, such as the person’s “heart
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`rate” and “blood oxygenation levels.” APPLE-1014, 2:5-14, 5:55-59, 7:12-14,
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`13:39-47. The monitor performs these measurements using a
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`photoplethysmographic (PPG) sensor, which includes one or more light sources
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`(e.g., LEDs) and an array of photodetectors. Id., 1:9-10, 43-47, 7:12-16, 15:23-43.
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`Sarantos describes that when the monitor “is worn by a person in a manner similar
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`to a wristwatch, the back face” of the monitor “may be pressed against the person's
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`skin, allowing the light sources” of the PPG sensor “to illuminate the person’s
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`skin.” Id., 1:48-51, 7:12-23. The light “diffuses through the person's flesh and a
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`portion of this light is then emitted back” (i.e., reflected) “out of the person's skin
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`in close proximity to where the light was introduced into the flesh.” Id., 7:24-28.
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`The photodetector array of the PPG sensor measures the “intensity” of this
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`reflected light, and provides signals representing the intensity to “control logic” of
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`the monitoring device. APPLE-1014, 2:5-14, 7:12-23, 13:39-47. The control logic
`
`11
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`
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`can then calculate different physiological parameters based on characteristics of
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`the reflected light signal. Id., 1:54-56, 7:12-23. For example, the person’s heart
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`rate can be calculated based on “fluctuations in the amount of light from the light
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`source that is emanated back out of the flesh” that correspond fluctuations in blood
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`volume associated with each beat of the person’s heart. Id., 7:23-60.
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` FIG. 2 (annotated below) depicts one implementation of the Sarantos’
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`monitor, which includes a housing 104, straps 102, a back face 128, two light
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`sources 108, and a photodetector element 212. Id., 7:12-23, 6:65-7:11.
`
`
`
`12
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`
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`APPLE-1014, FIG. 21
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` FIG. 18 from Sarantos shows a detailed view of the PPG sensor
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`included in the wrist-worn monitor, including a light source 1808 comprising
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`multiple light-emitting devices (LEDs) 1810, and an array of photodetectors
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`arranged to encircle a center point 1866 of the PPG sensor:
`
`
`
`APPLE-1014, FIG. 18
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`
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`1 All color portions of the prior art figures in the present petition are added
`
`annotations.
`
`13
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`
`
` As shown, Sarantos’ photodetector elements 1812 are arranged in a
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`circular pattern, along the perimeter of a ring or annular region, with the light
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`source as center. APPLE-1014, FIGS. 15, 18, 14:54-15:45. Sarantos describes
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`this “circular” configuration of the photodetectors as advantageous, as it “may
`
`provide a significant performance increase as compared with traditional PPG
`
`designs, which typically utilize square photodetector elements.” 7:3-7; 14:60-62;
`
`FIGS. 2, 15, 18.
`
` Furthermore, as shown below in FIGS. 22 and 23, Sarantos describes
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`a light blocking wall 2274, 2374, 2474 is formed between the a light source 2208,
`
`2308, 2408 emitting light and photodetector elements 2212, 2312, 2412. APPLE-
`
`1014, FIGS. 22-24, 17:1-18:35. The light blocking wall 2274, 2374, 2474 prevents
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`light from the light source 2208, 2308, 2408 from being detected directly (without
`
`passing through tissue) by the photodetector elements 2212, 2312, 2412. Id.,
`
`17:25-31 (“In order to reduce the chance that light from the light source 2208 will
`
`reach either of the HAR photodetector elements 2212 without first being diffused
`
`through the person’s skin, the light source 2208 may be separated from the HAR
`
`photodetector elements 2212 within the PPG sensor by walls 2274.”). The light
`
`blocking walls are annotated in red in FIGS. 22-24 below:
`
`14
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`
`
`
`
`APPLE-1014, FIGS. 22 (top), 23 (center), 24 (bottom).
`
` Based at least on the configuration shown in Sarantos’ FIGS. 22-24
`
`(in particular that the photodetector elements 2212, 2312, 2412 are placed in a
`
`circular arrangement around the light source 2208, 2308, 2408 and that the light
`
`blocking/enclosing walls 2274, 2374, 2474 are between the light source 2208,
`
`2308, 2408 and the photodetector elements 2212, 2312, 2412), it would have been
`
`obvious to a POSITA that the light blocking/enclosing walls 2274, 2374, 2474 are
`
`configured in a circular manner around the central light source 2208, 2308, 2408.
`
`15
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`
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`See e.g., APPLE-1014, FIGS. 22-24, 17:1-18:35. The modified FIG. 18 below
`
`shows a top view of how the light blocking/enclosing walls 2274, 2374, 2474 are
`
`configured based on Sarantos’ disclosure:
`
`
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`APPLE-1014, FIG. 18 (modified to show light blocking wall)
`
`
`
`In addition, because the light blocking/enclosing wall 2274, 2374,
`
`2474 blocks the light emitted by the light source from propagating beyond the
`
`wall, a POSITA would have understood that the light blocking/enclosing wall
`
`2274, 2374, 2474 guides the light emitted by light source 2208, 2308, 2408 to the
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`tissue measurement site. See e.g., APPLE-1014, FIGS. 22-24, 17:1-18:35. This
`
`creates at least an initial circular region in the tissue measurement site because the
`
`16
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`
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`ring formed by the light blocking/enclosing walls 2274, 2374, 2474 itself is
`
`circular. Id.
`
` And beyond the initial circular region of the tissue measurement site,
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`Sarantos also generally discloses that the tissue measurement site is circular. For
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`example, Sarantos’ FIG. 6 depicts a circular region of the tissue measurement site
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`and a model of the light that is emitted onto a skin. APPLE-1014, FIG. 6, 6:4-8
`
`(“FIG. 6 depicts a simulation of the AC intensity or power of light that is emanated
`
`within a 16mm by 16 mm region of skin as a result of light that is shined into the
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`skin at the center of the region.”).
`
`
`
`APPLE-1014, FIG. 6
`
`17
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`
`
` Sarantos also describes arranging photodetector elements according to
`
`geometric constraints and explains that the photodetector elements may be
`
`arranged to have more than 80-86% overlap with annular (i.e., circular) regions of
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`the tissue measurement site. APPLE-1014, 16:24-45 (“In some implementations,
`
`HAR photodetector elements may be sized and arranged to satisfy certain
`
`geometric constraints. ... An annular region 2158 having an inner radius of ri, and
`
`an outer radius of ro may be centered on the light source 2108 …. In such
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`circumstances, the HAR photodetector may be sized such that … there is at least
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`80% overlap between the annular region 2158 and the HAR photodetector element
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`2112 (the overlap is indicated in FIG. 21 by diagonal cross-hatching;
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`approximately 86% of the HAR photodetector 2112 in this example overlaps with
`
`the annular region 2158).”):
`
`18
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`
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`APPLE-1014, FIG. 21
`
`
`
`B. Analysis
`1.
`Claims 1 and 9
` As discussed previously, Sarantos describes a “wristband-type
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`wearable fitness monitor”2 that includes “a PPG sensor” comprising one or more
`
`light sources and an array of photodetector elements. Id., 1:43-47, 7:12-16, 15:23-
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`43. Sarantos describes that the PPG sensor “operate[s] by shining light” from the
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`light sources “into a person's skin” which “diffuses through the person's flesh and a
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`
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`2 All emphasis added unless otherwise indicated.
`
`19
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`
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`portion of this light is then emitted back” (i.e., reflected) “out of the person's skin
`
`in close proximity to where the light was introduced into the flesh.” Id., 7:24-28.
`
`The photodetector array measures the “intensity” of this reflected light, and, from
`
`these measurements, “control logic” in the monitoring device determines
`
`“physiological parameters” such as the person’s “heart rate” and “blood
`
`oxygenation levels.” APPLE-1014, 2:5-14, 7:12-14, 13:39-47. As explained in
`
`greater detail below, a POSITA would have understood the area of the person’s
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`skin upon which light from the PPG sensor shines and is reflected to be a tissue
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`measurement site. See e.g., APPLE-1014, 17:1-35, FIGS. 22-24.
`
` Sarantos describes that the PPG sensor includes a “light source 1808”
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`comprising “two light-emitting devices 1810.” APPLE-1014, 15:24-43, FIG. 18.
`
`FIG. 18 shows this configuration:
`
`
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`20
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`
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`APPLE-1014, FIG. 18.
`
`
`
` With respect to FIG. 22, Sarantos describes a window region 2226
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`that includes a window 2278 that “may be held against a person's skin, e.g., by
`
`being held in place with a strap, when heart rate measurements are obtained to
`
`allow light from the light source 2208” which is produced by the two light-
`
`emitting devices 1810 “to shine through its associated window region 2226 and
`
`into the person’s skin.” APPLE-1014, 17:1-35, 15:24-43. A POSITA would
`
`have understood that, in this configuration, the two light-emitting devices 1810 are
`
`configured to irradiate the portion of the person’s skin adjacent to the window
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`2278 (the tissue measurement site). See e.g., APPLE-1014, 17:1-35, 15:24-43,
`
`FIGS. 18, 22-24.
`
`21
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`
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`
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`In addition, as previously discussed, Sarantos describes its monitoring
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`device as a “wristband-type wearable fitness monitor,” and states that it performs
`
`its measurements based on reflected light from an area on a “person’s arm near
`
`the wrist” (the tissue measurement site). APPLE-1014, 5:55-59, 8:39-58.
`
` Sarantos describes that the light source comprises a plurality of light-
`
`emitting devices (emitters). APPLE-1014, FIG. 18, 15:24-43, 7:24-36, 1:10-25.
`
`Sarantos describes that the plurality of light-emitting devices can include
`
`“separate light-emitting devices that are each able to emit different
`
`wavelengths of light,” where “each light emitting device may be used to supply
`
`light for a different type of photoplethysmographic measurement.” Id., 13:50-53.
`
`For example, Sarantos states that “it may be desirable to utilize an LED that
`
`predominantly emits light in the green light spectrum for the purposes of detecting
`
`heart rate since the fluctuations in the light that is emitted back out of the person's
`
`skin may be more pronounced in the green light spectrum.” Id., 13:39-44. When
`
`measuring “other physiological parameters besides heart rate, such as blood
`
`oxygenation levels,” Sarantos describes that “it may be desirable to utilize an LED
`
`that predominantly emits light in the red or infrared spectrum.” Id., 13:45-49; see
`
`also 13:49-58.
`
` Sarantos describes using multiple photodetectors 1812 in a circular
`
`configuration to detect light reflected from the person’s flesh. APPLE-1014, 8:13-
`
`22
`
`
`
`29, 14:60-62, 15:24-27, 20:52-57 (“any of the implementations discussed above
`
`with respect to a single photodetector element spaced apart from a light source may
`
`also be implemented using a plurality of photodetector elements arranged about
`
`the light source.”).
`
`
`
`In more detail, Sarantos teaches that light emitted by the light source
`
`1808 or emitters 1810 is radiated onto a person's skin, diffuses through the person's
`
`flesh, and emitted back out of the person's skin in close proximity to where the
`
`light was introduced into the flesh. APPLE-1014, 7:24-36, 1:7-24. As shown in
`
`FIGS. 15, 16, and 18, a plurality of photodetector elements 1512/1612/1812 may
`
`be used to detect the light after it is attenuated and reflected back from a person’s
`
`body. APPLE-1014, 8:13-14 (“Light emanating from the person's skin is then
`
`measured by a photodetector element”), 14:60-65 (“In FIG. 15, three HAR
`
`photodetector elements 1512 are shown in a circular array centered on a light
`
`source 1508. Similarly, in FIG. 16, four HAR photodetector elements 1612 are
`
`arranged in a circular array about a light source 1608”), 15:39-42 (“array of
`
`photodetector elements 1812” in the same circular configuration as FIG. 15).
`
`
`
`23
`
`
`
`
`
`Sarantos at FIGS. 15 (left), 16 (center) and 18 (right).
`
` Accordingly, Sarantos describes “a plurality of detectors configured to
`
`detect the light emitted by the plurality of emitters after attenuation by ... the tissue
`
`measurement site.”
`
` The claim recites that the attenuation is “by a circular portion of the
`
`tissue measurement site.” To better understand this feature, we turn to the’695
`
`Patent, which explains that it has a diffuser that can be used to define the shape of
`
`a surface area onto which light is distributed. APPLE-1001, 3:1-10 (“the diffuser is
`
`further configured to define a surface area shape by which the emitted spread light
`
`is distributed onto a surface of the tissue measurement site. The defined surface
`
`area shape can include … a shape that is substantially … circular, oval, or annular,
`
`among others”).
`
`24
`
`
`
` FIGS. 15 and 18 of Sarantos’ show the photodetector elements (1512,
`
`1812) are arranged in a circular array about a light source (1508, 1808). APPLE-
`
`1014, FIGS. 15, 18, 14:54-15:45. Furthermore, as shown below in FIGS. 22-24, a
`
`light blocking wall (2274, 2374, 2474) is formed between the light source (2208,
`
`2308, 2408) emitting light and photodetector elements (2212, 2312, 2412).
`
`APPLE-1014, FIGS. 22-24, 17:1-18:35. The light blocking wall prevents light
`
`from the light source from being detected directly by the photodetector elements.
`
`Id., 17:25-31 (“In order to reduce the chance that light from the light source 2208
`
`will reach either of the HAR photodetector elements 2212 without first being
`
`diffused through the person’s skin, the light source 2208 may be separated from
`
`the HAR photodetector elements 2212 within the PPG sensor by walls 2274.”).
`
`The light blocking walls are annotated in red in FIGS. 22-24 below:
`
`25
`
`
`
`
`
`APPLE-1014, FIGS. 22 (top), 23 (center), 24 (bottom).
`
` Based at least on the configuration shown in Sarantos’ FIGS. 22-24
`
`(in particular that the photodetector elements 2212, 2312, 2412 are placed in a
`
`circular arrangement around the light source 2208, 2308, 2408 and that the light
`
`blocking/enclosing walls 2274, 2374, 2474 are between the light source 2208,
`
`2308, 2408 and the photodetector elements 2212, 2312, 2412), a POSITA would
`
`have understood or at least found it obvious that the light blocking walls 2274,
`
`2374, 2474 are configured in a circular manner around the light source 2208, 2308,
`
`26
`
`
`
`2408. See e.g., APPLE-1014, FIGS. 22-24, 17:1-18:35. The modified FIG. 18
`
`below shows a top view of how the light blocking/enclosing walls 2274, 2374,
`
`2474 are configured based on Sarantos’ disclosure:
`
`
`
`
`
`APPLE-1014, FIG. 18 (modified to show light blocking wall)
`
`
`
`In addition, because the light blocking/enclosing wall 2274, 2374,
`
`2474 blocks the light from being emitted radially beyond it, a POSITA would have
`
`understood that the light blocking/enclosing wall 2274, 2374, 2474 guides the light
`
`emitted by light source 2208, 2308, 2408 to the tissue measurement site. See e.g.,
`
`APPLE-1014, FIGS. 22-24, 17:1-18:35. This creates at least an initial circular
`
`27
`
`
`
`region in the tissue measurement site because the ring formed by the light
`
`blocking/enclosing walls 2274, 2374, 2474 itself is circular. Id.
`
` And beyond the initial circular region of the tissue measurement site,
`
`Sarantos also generally discloses that the tissue measurement site is circular. For
`
`example, Sarantos’ FIG. 6 depicts a circular region of the tissue measurement site
`
`and a model of the light that is emitted onto a skin. APPLE-1014, FIG. 6, 6:4-8
`
`(“FIG. 6 depicts a simulation of the AC intensity or power of light that is emanated
`
`within a 16mm by 16 mm region of skin as a result of light that is shined into the
`
`skin at the center of the region.”).
`
`
`
`APPLE-1014, FIG. 6
`
`28
`
`
`
` Sarantos also describes arranging photodetector elements according to
`
`geometric constraints and explains that the photodetector elements may be
`
`arranged to have more than 80-86% overlap with annular (i.e., circular) regions of
`
`the tissue measurement site. APPLE-1014, 16:24-45 (“In some implementations,
`
`HAR photodetector elements may be sized and arranged to satisfy certain
`
`geometric constraints. ... An annular region 2158 having an inner radius of ri, and
`
`an outer radius of ro may be centered on the light source 2108 …. In such
`
`circumstances, the HAR photodetector may be sized such that … there is at least
`
`80% overlap between the annular region 2158 and the HAR photodetector element
`
`2112 (the overlap is indicated in FIG. 21 by diagonal cross-hatching;
`
`approximately 86% of the HAR photodetector 2112 in this example overlaps with
`
`the annular region 2158).”):
`
`29
`
`
`
`APPLE-1014, FIG. 21
`
`
`
` As explained previously, after detecting the attenuated light, the
`
`detectors output electrical signals so that a physiological parameter can be
`
`determined. APPLE-1014, 20:7-34.
`
`
`
`In more detail, referring to FIG. 3, Sarantos discloses that “[l]ight
`
`emanating from the person’s skin is then measured by a photodetector element;
`
`this measured light intensity is depicted as data trace 348. The data trace 348 may
`
`be split into a DC component 346, which does not fluctuate with time, and an AC
`
`component 344, which does fluctuate with time.” Id., 8:3-18.
`
`
`
`30
`
`
`
`APPLE-1014, FIG. 3
`
`
`
` A POSITA would have understood that this data trace would be
`
`generated based on signals from Sarantos’ photodetector elements representative of
`
`the intensity of the detected light. APPLE-1014, 9:8-14 (“photodetectors may also
`
`include other components ... that interact with the photodetector element in order to
`
`provide power or produce signal output”). Moreoever, Sarantos explains that a
`
`control logic 2706 “may [ ] cause the light source 2708 to emit light at desired
`
`times, and may receive a signal indicative of an amount of detected light from the
`
`photodetector element 2712.” APPLE-1014, 20:30-34. The control logic
`
`“collect[s] data from one or more photodetectors, and analyz[es] at least the data
`
`collected from the one or more photodetectors in order to determine a
`
`measurement of a person’s heart rate.” Id., 20:7-15. As shown in FIG. 27, the
`
`control logic 2706 includes a processor 2768 and a memory 2770, and is coupled
`
`31
`
`
`
`to a photodetector element 2712 and a light source 2708. Id., 20:24-33. Sarantos
`
`discloses that a processor in the control logic can provide functionalities such as
`
`“controlling the intensity with which the light source(s) is illuminated, collecting
`
`data from one or more photodetectors, and analyzing at least the data collected
`
`from the one or more photodetectors in order to determine a measurement of a
`
`person's heart rate.” Id., 20:7-23.
`
`
`
`APPLE-1014, FIG. 27
`
`
`
` Based on at least this disclosure, it would be obvious to a POSITA
`
`that the photodetector elements output data to a processor (e.g., 2768) in the
`
`control logic 2706, whi
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