Trials@uspto.gov
`571-272-7822
`
`Paper 33
`Entered: April 28, 2022
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`v.
`MASIMO CORPORATION,
`Patent Owner.
`
`IPR2020-01733
`Patent 10,702,195 B1
`
`
`
`
`
`
`
`
`
`Before JOSIAH C. COCKS, ROBERT L. KINDER, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`WIEKER, Administrative Patent Judge.
`
`JUDGMENT
`Final Written Decision
`Determining All Challenged Claims Unpatentable
`35 U.S.C. § 318(a)
`
`
`
`
`
`
`
`
`571-272-7822
`
`Paper 33
`Entered: April 28, 2022
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`v.
`MASIMO CORPORATION,
`Patent Owner.
`
`IPR2020-01733
`Patent 10,702,195 B1
`
`
`
`
`
`
`
`
`
`Before JOSIAH C. COCKS, ROBERT L. KINDER, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`WIEKER, Administrative Patent Judge.
`
`JUDGMENT
`Final Written Decision
`Determining All Challenged Claims Unpatentable
`35 U.S.C. § 318(a)
`
`
`
`
`
`
`
`
`
`IPR2020-01733
`Patent 10,702,195 B1
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`
`I.
`
`INTRODUCTION
`
`A. Background
`Apple Inc. (“Petitioner”) filed a Petition requesting an inter partes
`review of claims 1–17 (“challenged claims”) of U.S. Patent No. 10,702,195
`B1 (Ex. 1001, “the ’195 patent”). Paper 2 (“Pet.”). Masimo Corporation
`(“Patent Owner”) waived filing a preliminary response. Paper 6 (“PO
`Waiver”). We instituted an inter partes review of all challenged claims 1–
`17 on all grounds of unpatentability, pursuant to 35 U.S.C. § 314. Paper 7
`(“Inst. Dec.”).
`After institution, Patent Owner filed a Response (Paper 15, “PO
`Resp.”) to the Petition, Petitioner filed a Reply (Paper 19, “Pet. Reply”), and
`Patent Owner filed a Sur-reply (Paper 22, “PO Sur-reply”). An oral hearing
`was held on February 9, 2022, and a transcript of the hearing is included in
`the record. Paper 32 (“Tr.”).
`We issue this Final Written Decision pursuant to 35 U.S.C. § 318(a)
`and 37 C.F.R. § 42.73. For the reasons set forth below, Petitioner has met
`its burden of showing, by a preponderance of the evidence, that challenged
`claims 1–17 of the ’195 patent are unpatentable.
`
`B. Related Matters
`The parties identify the following matters related to the ’195 patent:
`Masimo Corporation v. Apple Inc., Civil Action No. 8:20-cv-00048
`(C.D. Cal.);
`Apple Inc. v. Masimo Corporation, IPR2020-01520 (PTAB Aug. 31,
`2020) (challenging claims of U.S. Patent No. 10,258,265 B1);
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`Apple Inc. v. Masimo Corporation, IPR2020-01521 (PTAB Sept. 2,
`2020) (challenging claims of U.S. Patent No. 10,292,628 B1);
`Apple Inc. v. Masimo Corporation, IPR2020-01523 (PTAB Sept. 9,
`2020) (challenging claims of U.S. Patent No. 8,457,703 B2);
`Apple Inc. v. Masimo Corporation, IPR2020-01524 (PTAB Aug. 31,
`2020) (challenging claims of U.S. Patent No. 10,433,776 B2);
`Apple Inc. v. Masimo Corporation, IPR2020-01526 (PTAB Aug. 31,
`2020) (challenging claims of U.S. Patent No. 6,771,994 B2);
`Apple Inc. v. Masimo Corporation, IPR2020-01536 (PTAB Aug. 31,
`2020) (challenging claims of U.S. Patent No. 10,588,553 B2);
`Apple Inc. v. Masimo Corporation, IPR2020-01537 (PTAB Aug. 31,
`2020) (challenging claims of U.S. Patent No. 10,588,553 B2);
`Apple Inc. v. Masimo Corporation, IPR2020-01538 (PTAB Sept. 2,
`2020) (challenging claims of U.S. Patent No. 10,588,554 B2);
`Apple Inc. v. Masimo Corporation, IPR2020-01539 (PTAB Sept. 2,
`2020) (challenging claims of U.S. Patent No. 10,588,554 B2);
`Apple Inc. v. Masimo Corporation, IPR2020-01713 (PTAB Sept. 30,
`2020) (challenging claims of U.S. Patent No. 10,624,564 B1);
`Apple Inc. v. Masimo Corporation, IPR2020-01714 (PTAB Sept. 30,
`2020) (challenging claims of U.S. Patent No. 10,631,765 B1);
`Apple Inc. v. Masimo Corporation, IPR2020-01715 (PTAB Sept. 30,
`2020) (challenging claims of U.S. Patent No. 10,631,765 B1);
`Apple Inc. v. Masimo Corporation, IPR2020-01716 (PTAB Sept. 30,
`2020) (challenging claims of U.S. Patent No. 10,702,194 B1);
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`Apple Inc. v. Masimo Corporation, IPR2020-01722 (PTAB Oct. 2,
`2020) (challenging claims of U.S. Patent No. 10,470,695 B2);
`Apple Inc. v. Masimo Corporation, IPR2020-01723 (PTAB Oct. 2,
`2020) (challenging claims of U.S. Patent No. 10,470,695 B2); and
`Apple Inc. v. Masimo Corporation, IPR2020-01737 (PTAB Sept. 30,
`2020) (challenging claims of U.S. Patent No. 10,709,366 B1).
`Pet. 95–96; Paper 3, 3–4.
`
`Patent Owner further identifies the following pending patent
`applications, among other issued and abandoned applications, that claim
`priority to, or share a priority claim with, the ’195 patent:
`
`U.S. Patent Application No. 16/834,538;
`
`U.S. Patent Application No. 16/449,143; and
`
`U.S. Patent Application No. 16/805,605.
`
`Paper 3, 1–2.
`
`C. The ’195 Patent
`The ’195 patent is titled “Multi-Stream Data Collection System for
`Noninvasive Measurement of Blood Constituents,” and issued on July 7,
`2020, from U.S. Patent Application No. 16/834,467, filed March 30, 2020.
`Ex. 1001, codes (21), (22), (45), (54). The ’195 patent claims priority
`through a series of continuation and continuation-in-part applications to
`Provisional Application Nos. 61/078,228 and 61/078,207, both filed July 3,
`2008. Id. at codes (60), (63).
`The ’195 patent discloses a two-part data collection system including
`a noninvasive sensor that communicates with a patient monitor. Id. at 2:49–
`51. The sensor includes a sensor housing, an optical source, and several
`photodetectors, and is used to measure a blood constituent or analyte, e.g.,
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`oxygen or glucose. Id. at 2:40–46, 3:8–9. The patient monitor includes a
`display and a network interface for communicating with a handheld
`computing device. Id. at 2:56–59.
`Figure 1 of the ’195 patent is reproduced below.
`
`
`
`Figure 1 illustrates a block diagram of data collection system 100 including
`sensor 101 and monitor 109. Id. at 11:56–67. Sensor 101 includes optical
`emitter 104 and detectors 106. Id. at 12:1–5. Emitters 104 emit light that is
`attenuated or reflected by the patient’s tissue at measurement site 102. Id. at
`14:11–16. Detectors 106 capture and measure the light attenuated or
`reflected from the tissue. Id. In response to the measured light,
`detectors 106 output detector signals 107 to monitor 109 through front-end
`interface 108. Id. at 14:16–19, 36–42. Sensor 101 also may include tissue
`shaper 105, which may be in the form of a convex surface that: (1) reduces
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`the thickness of the patient’s measurement site; and (2) provides more
`surface area from which light can be detected. Id. at 11:7–23.
`Monitor 109 includes signal processor 110 and user interface 112. Id.
`at 15:27–29. “[S]ignal processor 110 includes processing logic that
`determines measurements for desired analytes . . . based on the signals
`received from the detectors.” Id. at 15:32–35. User interface 112 presents
`the measurements to a user on a display, e.g., a touch-screen display. Id. at
`15:57–67. The monitor may be connected to storage device 114 and
`network interface 116. Id. at 16:4–22.
`
`The ’195 patent describes various examples of sensor devices.
`Figures 14D and 14F, reproduced below, illustrate detector portions of
`sensor devices.
`
`
`
`
`Figure 14D illustrates portions of a detector submount and Figure 14F
`illustrates portions of a detector shell. Id. at 6:54–57. As shown in
`Figure 14D, multiple detectors 1410c are located within housing 1430 and
`under transparent cover 1432, on which protrusion 605b (or partially
`cylindrical protrusion 605) is disposed. Id. at 35:51–54, 36:45–52.
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`Figure 14F illustrates a detector shell 306f including detectors 1410c on
`substrate 1400c. Id. at 37:25–33. Substrate 1400c is enclosed by shielding
`enclosure 1490 and noise shield 1403, which include window 1492a and
`window 1492b, respectively, placed above detectors 1410c. Id.
`Alternatively, cylindrical housing 1430 may be disposed under noise
`shield 1403 and may enclose detectors 1410c. Id. at 37:63–65.
`
`Figures 4A and 4B, reproduced below, illustrate an alternative
`example of a tissue contact area of a sensor device.
`
`
`
`Figures 4A and 4B illustrate arrangements of protrusion 405 including
`measurement contact area 470. Id. at 23:30–36. “[M]easurement site
`contact area 470 can include a surface that molds body tissue of a
`measurement site.” Id. “For example, . . . measurement site contact area
`470 can be generally curved and/or convex with respect to the measurement
`site.” Id. at 23:53–55. The measurement site contact area may include
`windows 420–423 that “mimic or approximately mimic a configuration of,
`or even house, a plurality of detectors.” Id. at 23:61–24:8.
`
`D. Illustrative Claim
`Of the challenged claims, claims 1 and 16 are independent. Claim 1 is
`illustrative and is reproduced below.
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`1. A user-worn physiological measurement device that
`defines a plurality of optical paths,
`the physiological
`measurement device comprising:
`[a] one or more emitters configured to emit light into tissue
`of a user;
`[b] a first set of photodiodes positioned on a first surface
`and surrounded by a wall that is operably connected to the first
`surface, wherein:
`[c] the first set of photodiodes comprises at least
`four photodiodes, and
`[d] the photodiodes of the first set of photodiodes
`are connected to one another in parallel to provide a first
`signal stream;
`[e] a second set of photodiodes positioned on the first
`surface and surrounded by the wall, wherein:
`[f] the second set of photodiodes comprises at least
`four photodiodes, and
`[g] the photodiodes of the second set of photodiodes
`are connected to one another in parallel to provide a
`second signal stream; and
`[h] a cover located above the wall and comprising a single
`protruding convex surface configured to be located between
`tissue of the user and the first and second sets of photodiodes
`when the physiological measurement device is worn by the user,
`[i] wherein
`the physiological measurement device
`provides a plurality of optical paths, wherein each of the optical
`paths:
`
`
`[j] exits an emitter of the one or more emitters,
`[k] passes through tissue of the user,
`[l] passes through the single protruding convex
`surface, and
`[m] arrives at a corresponding photodiode of the at
`least one of the first or second sets of photodiodes, the
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`corresponding photodiode configured to receive light
`emitted by the emitter after traversal by the light of a
`corresponding optical path of the plurality of optical paths
`and after attenuation of the light by tissue of the user.
`Ex. 1001, 44:63–45:34 (bracketed identifiers [a]–[m] added). Independent
`claim 16 includes limitations substantially similar to limitations [a]–[h] and
`includes additional limitations drawn to “a plurality of windows,”
`“preprocessing electronics,” “one or more processors,” a “network
`interface,” a “touch-screen display,” and “storage device,” a “strap,” and “a
`plurality of optical paths.” Id. at 46:63–48:39.
`
`E. Applied References
`Petitioner relies upon the following references:
`Ali et al., U.S. Patent No. 6,584,336 B1, filed March 1, 2000,
`issued June 24, 2003 (Ex. 1046, “Ali”);
`Ohsaki et al., U.S. Patent Application Publication No.
`2001/0056243 A1, filed May 11, 2001, published December 27, 2001
`(Ex. 1014, “Ohsaki”);
`Aizawa, U.S. Patent Application Publication No.
`2002/0188210 A1, filed May 23, 2002, published December 12, 2002
`(Ex. 1006, “Aizawa”);
`Goldsmith et al., U.S. Patent Application Publication No.
`2007/0093786 A1, filed July 31, 2006, published April 26, 2007
`(Ex. 1027, “Goldsmith); and
`Y. Mendelson, et al., “Measurement Site and Photodetector
`Size Considerations in Optimizing Power Consumption of a Wearable
`Reflectance Pulse Oximeter,” Proceedings of the 25th IEEE EMBS
`Annual International Conference, 3016–3019 (2003) (Ex. 1024,
`“Mendelson-2003”).
`Pet. 1–2. Petitioner also submits, inter alia, the Declaration of Thomas W.
`Kenny, Ph.D. (Ex. 1003) and the Second Declaration of Thomas W. Kenny
`(Ex. 1060). Patent Owner submits, inter alia, the Declaration of Vijay K.
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`Madisetti, Ph.D. (Ex. 2004). The parties also provide deposition testimony
`from Dr. Kenny and Dr. Madisetti, including from this and other
`proceedings. See Exs. 1053–1054, 1056, 1059, 2006–2009, 2026–2027.
`
`F. Asserted Grounds
`Petitioner asserts that claims 1–17 are unpatentable based upon the
`following grounds (Pet. 1–2):
`Claims Challenged
`35 U.S.C. §
`1–17
`103
`
`1–17
`
`103
`
`References/Basis
`Aizawa, Mendelson-2003,
`Ohsaki, Goldsmith
`Aizawa, Mendelson-2003,
`Ohsaki, Goldsmith, Ali
`II. DISCUSSION
`A. Claim Construction
`For petitions filed on or after November 13, 2018, a claim shall be
`construed using the same claim construction standard that would be used to
`construe the claim in a civil action under 35 U.S.C. § 282(b). 37 C.F.R.
`§ 42.100(b) (2019). Petitioner submits that no claim term requires express
`construction. Pet. 3. Patent Owner submits that claim terms should be given
`their ordinary and customary meaning, consistent with the Specification. PO
`Resp. 9.
`We agree that no claim terms require express construction. Nidec
`Motor Corp. v. Zhongshan Broad Ocean Motor Co., 868 F.3d 1013, 1017
`(Fed. Cir. 2017).
`
`B. Principles of Law
`A claim is unpatentable under 35 U.S.C. § 103 if “the differences
`between the subject matter sought to be patented and the prior art are such
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`that the subject matter as a whole would have been obvious at the time the
`invention was made to a person having ordinary skill in the art to which said
`subject matter pertains.” KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 406
`(2007). The question of obviousness is resolved on the basis of underlying
`factual determinations, including (1) the scope and content of the prior art;
`(2) any differences between the claimed subject matter and the prior art;
`(3) the level of skill in the art; and (4) objective evidence of non-
`obviousness.1 Graham v. John Deere Co., 383 U.S. 1, 17–18 (1966). When
`evaluating a combination of teachings, we must also “determine whether
`there was an apparent reason to combine the known elements in the fashion
`claimed by the patent at issue.” KSR, 550 U.S. at 418 (citing In re Kahn,
`441 F.3d 977, 988 (Fed. Cir. 2006)). Whether a combination of prior art
`elements would have produced a predictable result weighs in the ultimate
`determination of obviousness. Id. at 416–417.
`In an inter partes review, the petitioner must show with particularity
`why each challenged claim is unpatentable. Harmonic Inc. v. Avid Tech.,
`Inc., 815 F.3d 1356, 1363 (Fed. Cir. 2016); 37 C.F.R. § 42.104(b). The
`burden of persuasion never shifts to Patent Owner. Dynamic Drinkware,
`LLC v. Nat’l Graphics, Inc., 800 F.3d 1375, 1378 (Fed. Cir. 2015).
`We analyze the challenges presented in the Petition in accordance
`with the above-stated principles.
`
`C. Level of Ordinary Skill in the Art
`Petitioner identifies the appropriate level of skill in the art as that
`possessed by a person having “a Bachelor of Science degree in an academic
`
`
`1 Patent Owner does not present objective evidence of non-obviousness.
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`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 data or information.”
`Pet. 3 (citing Ex. 1003 ¶¶ 21–22). “Alternatively, the person could have also
`had a Master of Science degree in a relevant academic discipline with less
`than a year of related work experience in the same discipline.” Id.
`Patent Owner makes several observations regarding Petitioner’s
`identified level of skill in the art but, “[f]or this proceeding, [Patent Owner]
`nonetheless applies Petitioner’s asserted level of skill.” PO Resp. 9 (citing
`Ex. 2004 ¶¶ 30–32).
`We adopt Petitioner’s assessment as set forth above, which appears
`consistent with the level of skill reflected in the Specification and prior art.
`
`D. Obviousness over the Combined Teachings of
`Aizawa, Mendelson-2003, Ohsaki, and Goldsmith
`Petitioner contends that claims 1–17 of the ’195 patent would have
`been obvious over the combined teachings of Aizawa, Mendelson-2003,
`Ohsaki, and Goldsmith. Pet. 6–85.
`1. Overview of Aizawa (Ex. 1006)
`Aizawa is a U.S. patent application publication titled “Pulse Wave
`Sensor and Pulse Rate Detector,” and discloses a pulse wave sensor that
`detects light output from a light emitting diode and reflected from a patient’s
`artery. Ex. 1006, codes (54), (57).
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`Figure 1(a) of Aizawa is reproduced below.
`
`
`Figure 1(a) is a plan view of a pulse wave sensor. Id. ¶ 23. As shown in
`Figure 1(a), pulse wave sensor 2 includes light emitting diode (“LED”) 21,
`four photodetectors 22 symmetrically disposed around LED 21, and
`holder 23 for storing LED 21 and photodetectors 22. Id. Aizawa discloses
`that, “to further improve detection efficiency, . . . the number of the
`photodetectors 22 may be increased.” Id. ¶ 32, Fig. 4(a). “The same effect
`can be obtained when the number of photodetectors 22 is 1 and a plurality of
`light emitting diodes 21 are disposed around the photodetector 22.” Id. ¶ 33.
`
`Figure 1(b) of Aizawa is reproduced below.
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`Figure 1(b) is a sectional view of the pulse wave sensor. Id. ¶ 23. As shown
`in Figure 1(b), pulse wave sensor 2 includes drive detection circuit 24 for
`detecting a pulse wave by amplifying the outputs of photodetectors 22. Id.
`¶ 23. Arithmetic circuit 3 computes a pulse rate from the detected pulse
`wave and transmitter 4 transmits the pulse rate data to an “unshown
`display.” Id. The pulse rate detector further includes outer casing 5 for
`storing pulse wave sensor 2, acrylic transparent plate 6 mounted to detection
`face 23a of holder 23, and attachment belt 7. Id. ¶ 23.
`Aizawa discloses that LED 21 and photodetectors 22 “are stored in
`cavities 23b and 23c formed in the detection face 23a” of the pulse wave
`sensor. Id. ¶ 24. Detection face 23a “is a contact side between the holder 23
`and a wrist 10, respectively, at positions where the light emitting face 21s of
`the light emitting diode 21 and the light receiving faces 22s of the
`photodetectors 22 are set back from the above detection face 23a.” Id. ¶ 24.
`Aizawa discloses that “a subject carries the above pulse rate detector 1 on
`the inner side of his/her wrist 10 . . . in such a manner that the light emitting
`face 21s of the light emitting diode 21 faces down (on the wrist 10 side).”
`Id. ¶ 26. Furthermore, “the above belt 7 is fastened such that the acrylic
`transparent plate 6 becomes close to the artery 11 of the wrist 10. Thereby,
`adhesion between the wrist 10 and the pulse rate detector 1 is improved.”
`Id. ¶¶ 26, 34.
`
`2. Overview of Mendelson-2003 (Ex. 1024)
`Mendelson-2003 is a journal article titled “Measurement Site and
`Photodetector Size Considerations in Optimizing Power Consumption of a
`Wearable Reflectance Pulse Oximeter,” which discusses a pulse oximeter
`sensor in which “battery longevity could be extended considerably by
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`employing a wide annularly shaped photodetector ring configuration and
`performing SpO2 measurements from the forehead region.” Ex. 1024,
`3016.2
`Mendelson-2003 explains that pulse oximetry uses sensors to monitor
`oxygen saturation (SpO2), where the sensor typically includes light emitting
`diodes (LED) and a silicon photodetector (PD). Id. According to
`Mendelson-2003, when designing a pulse oximeter, it is important to offer
`“low power management without compromising signal quality.” Id. at 3017.
`“However, high brightness LEDs commonly used in pulse oximeters
`require[] relatively high current pulses, typically in the range between 100–
`200mA. Thus, minimizing the drive currents supplied to the LEDs would
`contribute considerably toward the overall power saving in the design of a
`more efficient pulse oximeter.” To achieve this goal, Mendelson-2003
`discusses previous studies in which
`the driving currents supplied to the LEDs . . . could be lowered
`significantly without compromising
`the quality of
`the
`[photoplethysmographic signal] by increasing the overall size of
`the PD . . . . Hence, by maximizing the light collected by the
`sensor, a very low power-consuming sensor could be developed,
`thereby extending the overall battery life of a pulse oximeter
`intended for telemedicine applications.
`
`Id.
`Mendelson-2003 discloses the prototype of such a sensor in Figure 1,
`
`which is reproduced below, and served as the basis for the studies evaluated
`in Mendelson-2003.
`
`
`2 Petitioner cites to the native page numbers appearing at the top of
`Exhibit 1024, rather than the added page numbering at the bottom of the
`pages. We follow Petitioner’s numbering scheme.
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`Figure 1 of Mendelson-2003 depicts a sensor configuration showing the
`relative positions of its PDs and LEDs. Id. As shown in Figure l, “six PDs
`were positioned in a close inner-ring configuration at a radial distance of
`6.0mm from the LEDs. The second set of six PDs spaced equally along an
`outer-ring, separated from the LEDs by a radius of 10.0mm.” Id.
`Mendelson-2003 also explains that “[e]ach cluster of six PDs were wired in
`parallel and connected through a central hub to the common summing input
`of a current-to-voltage converter.” Id.
`
`Mendelson-2003 reports the results of the studies as follows:
`Despite the noticeable differences between the PPG
`signals measured from the wrist and forehead, the data plotted in
`Fig. 3 also revealed that considerable stronger PPGs could be
`obtained by widening the active area of the PD which helps to
`collect a bigger proportion of backscattered light intensity. The
`additional increase, however, depends on the area and relative
`position of the PD with respect to the LEDs. For example,
`utilizing the outer-ring configuration, the overall increase in the
`average amplitudes of the R and IR PPGs measured from the
`forehead region was 23% and 40%, respectively. Similarly, the
`same increase in PD area produced an increase in the PPG signals
`measured from the wrist, but with a proportional higher increase
`of 42% and 73%.
`Id. at 3019.
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`3. Overview of Ohsaki (Ex. 1014)
`Ohsaki is a U.S. patent application publication titled “Wristwatch-type
`Human Pulse Wave Sensor Attached on Back Side of User’s Wrist,” and
`discloses an optical sensor for detecting a pulse wave of a human body.
`Ex. 1014, code (54), ¶ 3. Figure 1 of Ohsaki is reproduced below.
`
`
`Figure 1 illustrates a cross-sectional view of pulse wave sensor 1 attached on
`the back side of user’s wrist 4. Id. ¶¶ 12, 16. Pulse wave sensor 1 includes
`detecting element 2 and sensor body 3. Id. ¶ 16.
`
`Figure 2 of Ohsaki, reproduced below, illustrates further detail of
`detecting element 2.
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`Figure 2 illustrates a mechanism for detecting a pulse wave. Id. ¶ 13.
`Detecting element 2 includes package 5, light emitting element 6, light
`receiving element 7, and translucent board 8. Id. ¶ 17. Light emitting
`element 6 and light receiving element 7 are arranged on circuit board 9
`inside package 5. Id. ¶¶ 17, 19.
`“[T]ranslucent board 8 is a glass board which is transparent to light,
`and attached to the opening of the package 5. A convex surface is formed
`on the top of the translucent board 8.” Id. ¶ 17. “[T]he convex surface of
`the translucent board 8 is in intimate contact with the surface of the user’s
`skin,” preventing detecting element 2 from slipping off the detecting
`position of the user’s wrist. Id. ¶ 25. By preventing the detecting element
`from moving, the convex surface suppresses “variation of the amount of the
`reflected light which is emitted from the light emitting element 6 and
`reaches the light receiving element 7 by being reflected by the surface of the
`user’s skin.” Id. Additionally, the convex surface prevents penetration by
`“noise such as disturbance light from the outside.” Id.
`
`Sensor body 3 is connected to detecting element 2 by signal line 13.
`Id. ¶ 20. Signal line 13 connects detecting element 2 to drive circuit 11,
`microcomputer 12, and a monitor display (not shown). Id. Drive circuit 11
`drives light emitting element 6 to emit light toward wrist 4. Id. Detecting
`element 2 receives reflected light which is used by microcomputer 12 to
`calculate pulse rate. Id. “The monitor display shows the calculated pulse
`rate.” Id.
`
`4. Goldsmith (Ex. 1027)
`Goldsmith is a U.S. patent application publication titled “Watch
`Controller for a Medical Device,” and discloses a watch controller device
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`that communicates with an infusion device to “provid[e] convenient
`monitoring and control of the infusion pump device.” Ex. 1027, code (57).
`Goldsmith’s Figure 9A is reproduced below.
`
`
`Figure 9A is a front view of a combined watch and controller device. Id.
`¶ 30. As shown in Figure 9A, watch controller 900 includes housing 905,
`transparent member 950, display 910, rear-side cover 960, input
`devices 925a–c, 930, and wrist band 940. Id. ¶¶ 85–86, Fig. 9B.
`Goldsmith discloses that the watch controller may interact with one or
`more devices, such as infusion pumps or analyte monitors. Id. ¶ 85; see also
`id. ¶ 88 (“The analyte sensing device 1060 may be adapted to receive data
`from a sensor, such as a transcutaneous sensor.”). Display 910 “may display
`at least a portion of whatever information and/or graph is being displayed on
`the infusion device display or on the analyte monitor display,” such as, e.g.,
`levels of glucose. Id. ¶ 86. Additionally, the watch controller may
`communicate with a remote station, e.g., a computer, to allow data
`downloading. Id. ¶ 89 (including wireless).
`
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`5. Independent Claim 1
`Petitioner presents undisputed contentions that claim 1 would have
`been obvious over the combined teachings of Aizawa, Mendelson-2003,
`Ohsaki, and Goldsmith. Pet. 6–85.
`
`i.“A user-worn physiological measurement device that
`defines a plurality of optical paths, the physiological
`measurement device comprising”
`The cited evidence supports Petitioner’s undisputed contention that
`Aizawa discloses a pulse sensor that defines a plurality of optical paths, and
`that Goldsmith teaches an analyte sensor that is part of a user-worn
`controller device that includes, e.g., a display.3 Pet. 36–37; see, e.g.,
`Ex. 1006 ¶¶ 2 (“a pulse wave sensor for detecting the pulse wave of a
`subject”), 27 (discussing optical paths), Fig. 1(b) (depicting two optical
`paths from emitter 21 to detectors 22 in Aizawa’s sensor); Ex. 1027 ¶¶ 85
`(“a watch”), 88 (“analyte sensing device 1060”), Fig. 9A.
`Petitioner further contends that a person of ordinary skill in the art
`would have found it obvious to incorporate Aizawa’s sensor “into
`Goldsmith’s integrated wrist-worn watch controller device that includes,
`among other features, a touch screen, network interface, and storage device”
`in order to receive and display data sensed by Aizawa’s sensor. Pet. 30–31;
`see, e.g., Ex. 1003 ¶¶ 88–89. Petitioner contends this is consistent with
`Aizawa’s disclosure of a transmitter that transmits pulse rate data to a
`display. Pet. 29; Ex. 1003 ¶ 86. According to Petitioner, this would have
`
`
`3 Whether the preamble is limiting need not be resolved because Petitioner
`shows sufficiently that the preamble’s subject matter is satisfied by the prior
`art.
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`“enable[d] a user to view and interact with heart rate data during exercise via
`the Goldsmith’s touch-screen display, and to enable heart rate data to be
`monitored by the user and/or others through any of the devices with which
`Goldsmith’s device can communicate.” Pet. 31; see, e.g., Ex. 1003 ¶ 90.
`Petitioner asserts this would have been use of a known technique to improve
`similar devices in the same way. Pet. 32; see, e.g., Ex. 1003 ¶ 91; see also
`Pet. 32–35 (also discussing physical incorporation); see, e.g., Ex. 1003
`¶¶ 92–94 (same).
`Patent Owner does not dispute this contention. See PO Resp. 65
`(arguing only that Goldsmith does not remedy purported deficiencies,
`discussed infra at §§ II.D.5.iii–v). We are persuaded by Petitioner, wherein
`the proposed modification is supported by the unrebutted testimony of
`Dr. Kenny. See, e.g., Ex. 1003 ¶¶ 86–96; Ex. 1006 ¶¶ 23 (“a transmitter for
`transmitting the above pulse rate data to an unshown display”), 35.
`
`ii.“[a] one or more emitters configured to emit light into
`tissue of a user”
`The cited evidence supports Petitioner’s undisputed contention that
`Aizawa discloses LED 21 that emits light into a user’s tissue. Pet. 37–38;
`see, e.g., Ex. 1006 ¶ 23 (“LED 21 . . . for emitting light having a wavelength
`of a near infrared range”), 27 (explaining that light is emitted toward the
`wrist), Fig. 1(b) (depicting emitter 21 facing user tissue 10).
`
`iii.“[b] a first set of photodiodes positioned on a first
`surface and surrounded by a wall that is operably
`connected to the first surface, wherein: [c] the first set of
`photodiodes comprises at least four photodiodes”
`and
`“[e] a second set of photodiodes positioned on the first
`surface and surrounded by the wall, wherein: [f] the
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`second set of photodiodes comprises at least four
`photodiodes”
`Petitioner’s Undisputed Contentions
`Petitioner contends that Aizawa discloses a first set of four
`photodiodes that are circularly arranged around a central emitter. Pet. 16–17
`(citing, e.g., Ex. 1006 ¶ 23). Petitioner also contends that, in one
`embodiment, Aizawa discloses that eight or more detectors may be used to
`improve detection efficiency, but does not expressly teach a “second set of
`photodiodes,” as claimed. Id. at 17–18 (citing, e.g., Ex. 1006, Fig. 4(a)); see
`also Ex. 1003 ¶¶ 68–70.
`Patent Owner does not dispute these contentions, and we agree with
`Petitioner. Aizawa discloses a set of “four phototransistors 22” that are
`disposed in a single ring around central emitter 21. Ex. 1006 ¶ 23,
`Figs. 1(a)–1(b). Aizawa also discloses that “the number of the
`photodetectors 22 may be increased” to further improve detection efficiency,
`and depicts in Figure 4(a) an embodiment where eight photodetectors 22 are
`disposed in a single ring around central emitter 21. Id. ¶ 32.
`Petitioner also contends that Aizawa’s first set of photodiodes are
`positioned on the sensor’s first surface and surrounded by a wall that is
`operably connected to the surface, as shown below. Pet. 39.
`
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`Petitioner’s modified and annotated figure depicts Aizawa’s sensor with
`Aizawa’s first set of photodiodes 22 (in red shading) positioned on a first
`surface (identified as “substrate” with brown shading) and surrounded by a
`wall (identified as “wall” with purple shading). Patent Owner does not
`dispute these contentions, and we agree with Petitioner. Ex. 1006, Fig. 1(b).
`Moreover, according to Petitioner, Mendelson-2003 teaches a sensor
`that uses two rings of photodiodes, which improve light collection
`efficiency, permit use of lower brightness LEDs, and reduce power
`consumption. Pet. 19; see also Ex. 1003 ¶ 71.
`Patent Owner does not dispute these contentions regarding what
`Mendelson-2003 discloses, and we agree with Petitioner. Mendelson-2003
`teaches an experimental sensor in which “six PDs [(photodetectors)] were
`positioned in a close inner-ring configuration . . . [and a] second set of six
`PDs [were] spaced equally along an outer-ring.” Ex. 1024, 3017, Fig. 1
`(depicting a prototype sensor with a near ring of photodetectors and a far
`ring of photodetectors). Based on experiments using the dual-ring sensor, as
`compared to sensors using only a near ring or only a far ring, Mendelson-
`2003 states that “considerabl[y] stronger PPGs [photoplethysmographic
`signals] could be obtained by widening the active area of the PD which helps
`to collect a bigger proportion of backscattered light intensity.” Id. at 3019,
`Fig. 3. Mendelson-2003 also s
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