IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`Al-Ali
`In re Patent of:
`10,470,695 Attorney Docket No.: 50095-0004IP1
`U.S. Patent No.:
`November 12, 2019
`
`Issue Date:
`Appl. Serial No.: 16/226,249
`
`Filing Date:
`December 19, 2018
`
`Title:
`ADVANCED PULSE OXIMETRY SENSOR
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`PETITION FOR INTER PARTES REVIEW OF UNITED STATES PATENT
`NO. 10,470,695 PURSUANT TO 35 U.S.C. §§ 311–319, 37 C.F.R. § 42
`
`

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`Attorney Docket No. 50095-0004IP1
`IPR of U.S. Patent No. 10,470,695
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`TABLE OF CONTENTS
`
`
`REQUIREMENTS FOR IPR .......................................................................... 2 
`  Grounds for Standing ................................................................................. 2 
`  Challenge and Relief Requested ................................................................. 2 
`THE ’695 PATENT ......................................................................................... 4 
`  Brief Description ........................................................................................ 4 
`  Level of Ordinary Skill in the Art .............................................................. 4 
`  Claim Construction ..................................................................................... 5 
`  THE CHALLENGED CLAIMS ARE UNPATENTABLE ............................ 6 
`  GROUND 1A: Claims 1, 4, 5, 8, 9, 13, 15-19, and 24-30 are obvious
`based on Sarantos ....................................................................................... 6 
`1.  Overview of Sarantos ............................................................................ 6 
`2.  Analysis ................................................................................................. 7 
`  GROUND 1B: Claims 1, 2, 4, 5, 8, 9, 11, 13, 15-19, 22, and 24-30 are
`obvious based on Sarantos in view of Mendelson-1991 .......................... 35 
`1.  Overview of Mendelson-1991 ............................................................. 35 
`2.  The combination of Sarantos and Mendelson-1991 ........................... 36 
`3.  Analysis ............................................................................................... 38 
`  GROUND 1C: Claims 3, 12, and 23 are obvious based on Sarantos in
`view of Mendelson-1991 and Venkatraman ............................................ 55 
`1.  Overview of Venkatraman .................................................................. 55 
`2.  The combination of Sarantos, Mendelson-1991, and Venkatraman ... 57 
`3.  Analysis ............................................................................................... 58 
`  GROUND 1D: Claims 6, 14, and 21 are obvious based on Sarantos in
`view of Mendelson-1991 and Chin .......................................................... 60 
`1.  Overview of Chin ................................................................................ 60 
`2.  The combination of Sarantos, Mendelson-1991, and Chin ................. 61 
`3.  Analysis ............................................................................................... 63 
`  GROUND 2A: Claims 1, 4, 5, 8, 9, 13, 15-17, 19, 24-26, 28, and 29 are
`obvious based on Ackermans ................................................................... 64 
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`Attorney Docket No. 50095-0004IP1
`IPR of U.S. Patent No. 10,470,695
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`1.  Overview of Ackermans ...................................................................... 64 
`2.  Analysis ............................................................................................... 66 
`  GROUND 2B: Claims 2, 3, 11, 12, 18, 22, 23, 27, and 30 are obvious
`based on Ackermans in view of Venkatraman ......................................... 93 
`1.  The combination of Ackermans and Venkatraman ............................. 93 
`2.  Analysis ............................................................................................... 95 
`  GROUND 2C: Claims 6, 14, and 21 are obvious based on Ackermans in
`view of Chin ...........................................................................................102 
`1.  The combination of Ackermans and Chin ........................................102 
`2.  Analysis .............................................................................................104 
`  PAYMENT OF FEES ................................................................................. 106 
`CONCLUSION ............................................................................................ 107 
`  MANDATORY NOTICES UNDER 37 C.F.R § 42.8(a)(1) ....................... 107 
`  Real Party-In-Interest Under 37 C.F.R. § 42.8(b)(1) .............................107 
`  Related Matters Under 37 C.F.R. § 42.8(b)(2) .......................................107 
`  Lead And Back-Up Counsel Under 37 C.F.R. § 42.8(b)(3) ..................107 
`  Service Information ................................................................................107 
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` 
`
`ii
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`APPLE-1001
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`APPLE-1002
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`APPLE-1003
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`APPLE-1004
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`APPLE-1005
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`APPLE-1006
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`APPLE-1007 to
`APPLE-1013
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`APPLE-1014
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`APPLE-1015
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`APPLE-1016
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`APPLE-1017
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`APPLE-1018
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`APPLE-1019
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`Attorney Docket No. 50095-0004IP1
`IPR of U.S. Patent No. 10,470,695
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`EXHIBITS
`
`U.S. Patent No. 10,470,695 to Al-Ali (“the ’695 Patent”)
`
`Excerpts from the Prosecution History of the ’695 Patent
`
`Declaration of Brian W. Anthony, Ph.D.
`
`Reserved
`
`U.S. Patent No. 8,998,815 to Venkatraman et al.
`(“Venkatraman”)
`
`U.S. Patent No. 6,343,223 to Chin et al. (“Chin”)
`
`Reserved
`
`U.S. Patent No. 9,392,946 to Sarantos et al. (“Sarantos”)
`
`Mendelson et al., Skin Reflectance Pulse Oximetry: In Vivo
`Measurements from the Forearm and Calf, Journal of Clinical
`Monitoring Vol. 7 No. 1, pp. 7-12 (January 1991) (“Mendelson-
`1991”)
`
`PCT Pub. No. WO 2011/051888 to Ackermans et al.
`(“Ackermans”)
`
`Declaration of Jacob Munford
`
`U.S. Patent No. 4,295,472 to Adams (“Adams”)
`
`U.S. Patent No. 7,415,298 to Casciani et al. (“Casciani”)
`
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`iii
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`

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`Limitation
`Claim 1
`[1pre]
`
`[1a]
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`[1b]
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`[1c]
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`[1d]
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`[1e]
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`[1f]
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`[1g]
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`[1h]
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`Claim 2
`[2]
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`Attorney Docket No. 50095-0004IP1
`IPR of U.S. Patent No. 10,470,695
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`Claim Language
`
`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 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.
`
`The physiological monitoring device of claim 1, further comprising
`a display configured to present information related to the
`determined physiological parameter to the user.
`
`iv
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`

`

`Limitation
`Claim 3
`[3]
`
`Claim 4
`[4]
`
`Claim 5
`[5]
`
`Claim 6
`[6]
`
`Claim 8
`[8]
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`Claim 9
`[9pre]
`
`[9a]
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`Attorney Docket No. 50095-0004IP1
`IPR of U.S. Patent No. 10,470,695
`
`Claim Language
`
`The physiological monitoring device of claim 2, wherein the
`display is a touch-screen display.
`
`The physiological monitoring device of claim 1, wherein the
`enclosing wall of the light block is a circular wall.
`
`The physiological monitoring device of claim 1, wherein, when the
`physiological monitoring device is worn by the user at the tissue
`measurement site, the plurality of emitters are arranged in a
`reflectance measurement configuration on a first side of the tissue
`measurement site, and wherein the plurality of detectors are
`arranged in a reflectance measurement configuration on the first
`side of the tissue measurement site when the physiological
`monitoring device is worn by the user.
`
`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.
`
`The physiological monitoring device of claim 1, wherein the
`physiological parameter is selected from the group consisting of
`arterial oxygen saturation, glucose, and pulse rate.
`
`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;
`
`v
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`

`

`Limitation
`[9b]
`
`[9c]
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`[9d]
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`[9e]
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`[9f]
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`[9g]
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`[9h]
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`[9i]
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`Claim 11
`[11]
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`Claim 12
`[12]
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`Claim 13
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`Attorney Docket No. 50095-0004IP1
`IPR of U.S. Patent No. 10,470,695
`
`Claim Language
`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.
`
`The method of claim 9, further comprising presenting, with a
`display of the physiological monitoring device, information related
`to the determined physiological parameter to the user.
`
`The method of claim 11, wherein the display is a touch-screen
`display.
`
`vi
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`Limitation
`[13a]
`
`[13b]
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`Claim 14
`[14]
`
`Claim 15
`[15]
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`Claim 16
`[16]
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`Claim 17
`[17]
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`Claim 18
`[18]
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`Claim 19
`[19pre]
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`Attorney Docket No. 50095-0004IP1
`IPR of U.S. Patent No. 10,470,695
`
`Claim Language
`The method of claim 9, wherein when the physiological monitoring
`device is worn by the user at the tissue measurement site, the
`plurality of emitters are arranged in a reflectance measurement
`configuration on a first side of the tissue measurement site,
`and wherein the plurality of detectors are arranged in a reflectance
`measurement configuration on the first side of the tissue
`measurement site when the physiological monitoring device is
`worn by the user.
`
`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.
`
`The method of claim 9, wherein the physiological parameter is
`indicative of at least one of pulse rate, perfusion index, oxygen
`content, and total hemoglobin.
`
`The method of claim 9, wherein the plurality of emitters comprise
`one or more light emitting diodes (LEDs), and wherein the one or
`more wavelengths comprises at least an infrared wavelength.
`
`The method of claim 9, wherein the plurality of detectors comprise
`a plurality of photodiodes.
`
`The method of claim 9, further comprising, directing, with a light
`concentrator, the light emitted by the light emission source after
`attenuation through tissue of the user at the tissue measurement site
`to the plurality of detectors.
`
`A wrist-worn physiological monitoring sensor comprising:
`
`vii
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`Attorney Docket No. 50095-0004IP1
`IPR of U.S. Patent No. 10,470,695
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`Limitation
`[19a]
`
`[19b]
`[19c]
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`[19d]
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`[19e]
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`[19f]
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`[19g]
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`[19h]
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`[19i]
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`[19j]
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`[19k]
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`Claim 21
`[21]
`
`Claim Language
`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.
`
`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.
`
`viii
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`

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`Limitation
`Claim 22
`[22]
`
`Claim 23
`[23]
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`Claim 24
`[24a]
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`[24b]
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`Claim 25
`[25a]
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`[25b]
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`Claim 26
`[26]
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`Claim 27
`[27]
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`Claim 28
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`Attorney Docket No. 50095-0004IP1
`IPR of U.S. Patent No. 10,470,695
`
`Claim Language
`
`The physiological monitoring sensor of claim 19, further
`comprising a display configured to present information related to
`the determined physiological parameter to the user.
`
`The physiological monitoring sensor of claim 22, wherein the
`display is a touch-screen display.
`
`The physiological monitoring sensor of claim 19, physiological
`monitoring sensor is worn by the user at the tissue measurement
`site, the plurality of optical sources are arranged in a reflectance
`measurement configuration on a first side of the tissue
`measurement site,
`and wherein the plurality of detectors are arranged in a reflectance
`measurement configuration on the first side of the tissue
`measurement site when the physiological monitoring sensor is
`worn by the user.
`
`The physiological monitoring device of claim 1, wherein the
`plurality of emitters comprise one or more light emitting diodes
`(LEDs),
`and wherein the one or more wavelengths comprises at least an
`infrared wavelength.
`
`The physiological monitoring device of claim 1, wherein the
`plurality of detectors comprise a plurality of photodiodes.
`
`The physiological monitoring device of claim 1, further comprising
`a light concentrator configured to direct the attenuated, reflected
`light to the plurality of detectors.
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`ix
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`Attorney Docket No. 50095-0004IP1
`IPR of U.S. Patent No. 10,470,695
`
`Limitation
`[28a]
`
`[28b]
`
`Claim 29
`[29]
`
`Claim 30
`[30]
`
`Claim Language
`The physiological monitoring sensor of claim 19, wherein the
`plurality of optical sources comprise one or more light emitting
`diodes (LEDs),
`and wherein the one or more wavelengths comprises at least an
`infrared wavelength.
`
`The physiological monitoring sensor of claim 19, wherein the
`plurality of detectors comprise a plurality of photodiodes.
`
`The physiological monitoring sensor of claim 19, further
`comprising a light concentrator configured to direct the attenuated,
`reflected light to the plurality of detectors.
`
`x
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`

`

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`Attorney Docket No. 50095-0004IP1
`IPR of U.S. Patent No. 10,470,695
`
`Apple Inc. (“Petitioner” or “Apple”) petitions for Inter Partes Review
`
`(“IPR”) under 35 U.S.C. §§311–319 and 37 C.F.R. §42 of claims 1-6, 8, 9, 11-19,
`
`and 21-30 (“the Challenged Claims”) of U.S. Patent No. 10,470,695 (“the ’695
`
`Patent”). The ’695 Patent describes a purported improvement to a “pulse oximetry
`
`sensor” to “limit[] the effect of multiple scattering of photons” by the patient’s
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`tissue on measurement accuracy. APPLE-1001, 2:24-32. According to the ’695
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`Patent, the addition of a circular light blocker improves the sensor’s measurement
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`accuracy by “ensur[ing] that the only light detected by” the pulse oximetry sensor
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`is light that has been emitted by the sensor and is “reflected” from the patient’s
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`tissue. Id., 11:17-20.
`
`But this “improvement” was not new. To the contrary, the ’695 Patent was
`
`granted without full consideration to the wide body of applicable art. As Dr. Brian
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`Anthony explains in his accompanying declaration with respect to the applied prior
`
`art, pulse oximeters commonly included these and other features by the ’695
`
`Patent’s earliest effective filing date, and a wrist-worn physiological monitoring
`
`device including each feature of the Challenged Claims would have been obvious
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`to a POSITA as of that date based on the prior art references described herein.
`
`APPLE-1003, [17-172]. Sarantos (APPLE-1014), Ackermans (APPLE-1016),
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`Mendelson-1991 (APPLE-1015) and other references cited herein likewise
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`disclose this circular light block and detector configuration, as discussed in detail
`
`1
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`

`

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`Attorney Docket No. 50095-0004IP1
`IPR of U.S. Patent No. 10,470,695
`
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`below. Accordingly, Apple respectfully submits that an IPR should be instituted,
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`and that the Challenged Claims should be canceled as unpatentable.
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`
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`REQUIREMENTS FOR IPR
`
` Grounds for Standing
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`Apple certifies that the ’695 Patent is available for IPR. The present Petition
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`is being filed within one year of service of a complaint against Apple in Masimo
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`Corporation et al. v. Apple Inc., Case No. 8:20-cv-00048 (C.D. Cal.).1 Apple is
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`not barred or estopped from requesting this review challenging the Challenged
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`Claims on the below-identified grounds.
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` Challenge and Relief Requested
`
`Apple requests an IPR of the Challenged Claims on the grounds set forth in
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`the table below. An explanation of how these claims are unpatentable under the
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`statutory grounds identified below is provided in the form of a detailed description
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`that follow. Additional explanation and support for each ground of rejection is set
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`forth in the Declaration of Brian W. Anthony, Ph.D. (APPLE-1003), referenced
`
`throughout this Petition.
`
`Ground
`
`Claims
`
`§103 Basis
`
`1A
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`1, 4, 5, 8, 9, 13, 15-19, 24-30
`
`Sarantos
`
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`1 The ’695 Patent is no longer asserted in the district court case.
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`2
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`Ground
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`1B
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`Attorney Docket No. 50095-0004IP1
`IPR of U.S. Patent No. 10,470,695
`
`Claims
`
`§103 Basis
`
`1, 2, 4, 5, 8, 9, 11, 13, 15-19,
`22, 24-30
`
`Sarantos in view of Mendelson-1991
`
`1C
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`3, 12, 23
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`1D
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`6, 14, 21
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`Sarantos in view of Mendelson-1991
`and Venkatraman
`
`Sarantos in view of Mendelson-1991
`and Chin
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`1, 4, 5, 8, 9, 13, 15-17, 19, 24-
`26, 28, 29
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`Ackermans
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`2, 3, 11, 12, 18, 22, 23, 27, 30 Ackermans in view of Venkatraman
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`6, 14, 21
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`Ackermans in view of Chin
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`2A
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`2B
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`2C
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`Each reference pre-dates the provisional application (filed July 2, 2015) and
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`qualifies as prior art:
`
`Reference
`Sarantos
`(APPLE-1014)
`Mendelson-1991
`(APPLE-1015)
`
`Filed
`May 28, 2015
`
`Issued
`July 19, 2016
`
`January 1991
`(Published)2
`
`
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`Prior art under
`102(a2)
`
`102(a1)
`
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`2 Mendelson-1991 was publically available by at least January 1991. See
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`APPLE-1017, [1]-[12] (Declaration of Jacob Munford). Exhibit APPLE-1015 is a
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`3
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`

`

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`
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`Reference
`Ackermans
`(APPLE-1016)
`Venkatraman
`(APPLE-1005)
`Chin
`(APPLE-1006)
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`
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`Attorney Docket No. 50095-0004IP1
`IPR of U.S. Patent No. 10,470,695
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`Filed
`Oct. 27, 2010
`
`June 3, 2014
`
`Issued
`May 5, 2011
`(Published)
`April 7, 2015
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`Prior art under
`102(a1),(a2)
`
`102(a1),(a2)
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`June 14, 2000
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`Jan. 29, 2002
`
`102(a1),(a2)
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`None of these references were cited in any office action by the examiner
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`during prosecution.
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` THE ’695 PATENT
`
` Brief Description
`
`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
`
`(hereinafter the “Critical Date”). See APPLE-1001, Face.
`
`
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`Level of Ordinary Skill in the Art
`
`A person of ordinary skill in the art relating to, and at the time of, the
`
`invention of the ’695 Patent (“POSITA”) would have been a person with a working
`
`
`true and correct copy of the Mendelson-1991 journal article as it appeared in the
`
`Journal of Clinical Monitoring in January 1991. See id.
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`4
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`

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`Attorney Docket No. 50095-0004IP1
`IPR of U.S. Patent No. 10,470,695
`
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`knowledge of physiological monitoring technologies. The person would have had
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`a Bachelor of Science degree in an academic discipline emphasizing the design of
`
`electrical, computer, or software technologies, in combination with training or at
`
`least one to two years of related work experience with capture and processing of
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`data or information, including but not limited to physiological monitoring
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`technologies. APPLE-1003, [17]-[19]. Alternatively, the person could have also
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`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.
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` Claim Construction
`
`Petitioner submits that all claim terms should be construed according to the
`
`Phillips standard. Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005); 37
`
`C.F.R. § 42.100. Here, based on the evidence below and the prior art’s description
`
`of the claimed elements being similar to that of the ’695 patent specification, no
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`formal claim constructions, except those discussed below, are necessary in this
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`proceeding because “claim terms need only be construed to the extent necessary to
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`resolve the controversy.” Wellman, Inc. v. Eastman Chem. Co., 642 F.3d 1355,
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`1361 (Fed. Cir. 2011).
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`5
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`Attorney Docket No. 50095-0004IP1
`IPR of U.S. Patent No. 10,470,695
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` THE CHALLENGED CLAIMS ARE UNPATENTABLE
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` GROUND 1A: Claims 1, 4, 5, 8, 9, 13, 15-19, and 24-30 are
`obvious based on Sarantos
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`1. Overview of Sarantos3
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`Sarantos describes a “wristband-type wearable fitness monitor” that
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`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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`3 General descriptions provided for the references and combinations are
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`hereby incorporated into each subsection addressing/applying those references, as
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`are the discussions of combinations.
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`Attorney Docket No. 50095-0004IP1
`IPR of U.S. Patent No. 10,470,695
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`APPLE-1003, [21]. The photodetector array of the PPG sensor measures the
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`“intensity” of this reflected light, and provides signals representing the intensity to
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`“control logic” of the monitoring device. APPLE-1014, 2:5-14, 7:12-23, 13:39-47.
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`The control logic can then calculate different physiological parameters based on
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`characteristics of the reflected light signal. Id., 1:54-56, 7:12-23. For example, the
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`person’s heart rate can be calculated based on “fluctuations in the amount of light
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`from the light source that is emanated back out of the flesh” that correspond
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`fluctuations in blood volume associated with each beat of the person’s heart. Id.,
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`7:23-60; APPLE-1003, [21]-[29].
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`As described in greater detail in the sections below, Sarantos renders claims
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`1, 4, 5, 8, 9, 13, 15-19, and 24-30 of the ’695 patent obvious.
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`2.
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`Analysis
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` Claim 1
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`Limitation [1pre]
`To the extent the preamble is limiting, Sarantos renders obvious [1pre]. For
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`example, as described above in Section III.A.1, Sarantos describes a “wristband-
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`type wearable fitness monitor”4 that includes “a PPG sensor” comprising one or
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`more light sources and an array of photodetector elements. Id., 1:43-47, 7:12-16,
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`4 All emphasis added unless otherwise indicated.
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`Attorney Docket No. 50095-0004IP1
`IPR of U.S. Patent No. 10,470,695
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`15:23-43. Sarantos describes that the PPG sensor “operate[s] by shining light”
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`from the light sources “into a person's skin” which “diffuses through the person's
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`flesh and a portion of this light is then emitted back” (i.e., reflected) “out of the
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`person's skin in close proximity to where the light was introduced into the flesh.”
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`Id., 7:24-28; APPLE-1003, [30]. The photodetector array measures the “intensity”
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`of this reflected light, and, from these measurements, “control logic” in the
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`monitoring device determines “physiological parameters” such as the person’s
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`“heart rate” and “blood oxygenation levels.” APPLE-1014, 2:5-14, 7:12-14,
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`13:39-47. As explained in greater detail below, a POSITA would have understood
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`the area of the person’s skin upon which light from the PPG sensor shines and is
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`reflected to be a tissue measurement site. APPLE-1003, [30]; see e.g., APPLE-
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`1014, 17:1-35, FIGS. 22-24.
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`Limitation [1a]
`As previously discussed in [1pre] and Section III.A.1, Sarantos describes
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`that the PPG sensor includes a “light source 1808” comprising “two light-emitting
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`devices 1810.” APPLE-1014, 15:24-43, FIG. 18. FIG. 18 shows this
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`configuration:
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`Attorney Docket No. 50095-0004IP1
`IPR of U.S. Patent No. 10,470,695
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`APPLE-1014, FIG. 18.
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`With respect to FIG. 22, Sarantos describes a window region 2226 that
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`includes a window 2278 that “may be held against a person's skin, e.g., by being
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`held in place with a strap, when heart rate measurements are obtained to allow
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`light from the light source 2208” which is produced by the two light-emitting
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`devices 1810 “to shine through its associated window region 2226 and into the
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`person’s skin.” APPLE-1014, 17:1-35, 15:24-43. A POSITA would have
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`understood that, in this configuration, the two light-emitting devices 1810 are
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`configured to irradiate the portion of the person’s skin adjacent to the window
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`2278 (the tissue measurement site). APPLE-1003, [31]-[32]; see e.g., APPLE-
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`1014, 17:1-35, 15:24-43, FIGS. 18, 22-24.
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`Attorney Docket No. 50095-0004IP1
`IPR of U.S. Patent No. 10,470,695
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`In addition, as previously discussed in [1pre], supra, Sarantos describes its
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`monitoring device as a “wristband-type wearable fitness monitor,” and states that it
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`performs its measurements based on reflected light from an area on a “person’s
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`arm near the wrist” (the tissue measurement site). APPLE-1014, 5:55-59, 8:39-
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`58; APPLE-1003, [33].
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`Limitation [1b]
`As previously discussed (supra [1a]), Sarantos describes that the light source
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`comprises a plurality of light-emitting devices (emitters). APPLE-1014, FIG. 18,
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`15:24-43, 7:24-36, 1:10-25. Sarantos describes that the plurality of light-emitting
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`devices can include “separate light-emitting devices that are each able to emit
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`different wavelengths of light,” where “each light emitting device may be used to
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`supply light for a different type of photoplethysmographic measurement.” Id.,
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`13:50-53; APPLE-1003, [34]. For example, Sarantos states that “it may be
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`desirable to utilize an LED that predominantly emits light in the green light
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`spectrum for the purposes of detecting heart rate since the fluctuations in the light
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`that is emitted back out of the person's skin may be more pronounced in the green
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`light spectrum.” Id., 13:39-44. When measuring “other physiological parameters
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`besides heart rate, such as blood oxygenation levels,” Sarantos describes that “it
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`Attorney Docket No. 50095-0004IP1
`IPR of U.S. Patent No. 10,470,695
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`may be desirable to utilize an LED that predominantly emits light in the red or
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`infrared spectrum.” Id., 13:45-49; see also 13:49-58; APPLE-1003, [34].
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`Limitation [1c]
`As explained above with respect to [1pre], Sarantos describes using multiple
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`photodetectors 1812 in a circular configuration to detect light reflected from the
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`person’s flesh. APPLE-1014, 8:13-29, 14:60-62, 15:24-27, 20:52-57
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`(configuration includes “a plurality of photodetector elements arranged about the
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`light source.”); APPLE-1003, [35].
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`In more detail, Sarantos teaches that light emitted by the light source 1808 or
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`emitters 1810 is radiated onto a person's skin, diffuses through the person's flesh,
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`and emitted back out of the person's skin in close proximity to where the light was
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`introduced into the flesh. APPLE-1014, 7:24-36, 1:7-24. As shown in FIGS. 15,
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`16, and 18, a plurality of photodetector elements 1512/1612/1812 may be used to
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`detect the light after it is attenuated and reflected back from a person’s body.
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`APPLE-1014, 8:13-14 (“Light emanating from the person's skin is then measured
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`by a photodetector element”), 14:60-65 (In FIGS. 15 and 16, the photodetector
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`elements are “arranged in a circular array centered on” the light source), 15:39-42
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`(“array of photodetector elements 1812” in the same circular configuration as FIG.
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`15); APPLE-1003, [36].
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`Attorney Docket No. 50095-0004IP1
`IPR of U.S. Patent No. 10,470,695
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`Sarantos at FIGS. 15 (left), 16 (center) and 18 (right).
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`Accordingly, Sarantos discloses or renders obvious “a plurality of detectors
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`configured to detect the light emitted by the plurality of emitters after attenuation
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`by ... the tissue measurement site.”
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`Limitation [1c] also recites that the claimed attenuation is “by a circular
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`portion of the tissue measurement site.” To better understand this feature, we turn
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`to the’695 Patent, which explains that it has a diffuser that can be used to define
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`the shape of a surface area onto which light is distributed. APPLE-1001, 3:1-10
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`(