`
`Poeze et al.
`In re Patent of:
`U.S. Patent No.:
`10,702,195 Attorney Docket No.: 50095-0026IP1
`July 7, 2020
`Issue Date:
`Appl. Serial No.: 16/834,467
`Filing Date:
`March 30, 2020
`Title:
`MULTI-STREAM DATA COLLECTION SYSTEM FOR
`NONINVASIVE MEASUREMENT OF BLOOD
`CONSTITUENTS
`
`DECLARATION OF DR. THOMAS W. KENNY
`
`Declaration
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`I declare that all statements made herein on my own knowledge are true and
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`that all statements made on information and belief are believed to be true, and
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`further, that these statements were made with the knowledge that willful false
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`statements and the like so made are punishable under Section 1001 of Title 18 of
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`the United States Code.
`
`By: ________________________________
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`Thomas W. Kenny, Ph.D.
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`1
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`APPLE 1003
`
`
`
`Contents
`
`
`I. QUALIFICATIONS AND BACKGROUND INFORMATION ........................ 4
`II. OVERVIEW OF CONCLUSIONS FORMED ................................................. 10
`III. LEVEL OF ORDINARY SKILL IN THE ART ............................................... 11
`IV. LEGAL STANDARDS ..................................................................................... 12
`A. Terminology ................................................................................................... 12
`B. Legal Standards for Anticipation.................................................................... 12
`C. Legal Standards for Obviousness ................................................................... 13
`V. HISTORICAL AND TECHNICAL OVERVIEW ............................................ 18
`VI. The ’195 patent .................................................................................................. 19
`A. Overview of the ’195 patent ........................................................................... 19
`VII.SUMMARY OF THE PRIOR ART .................................................................. 22
`A. Overview of Aizawa ....................................................................................... 22
`B. Overview of Mendelson-2003 ........................................................................ 26
`C. Overview of Ohsaki ........................................................................................ 28
`D. Overview of Goldsmith .................................................................................. 30
`E. Overview of Ali .............................................................................................. 33
`VIII. GROUND 1 – Claims 1-17 Are Rendered Obvious by Aizawa in view of
`Mendelson-2003, Ohsaki, and Goldsmith ............................................................... 34
`A. Combination of Aizawa, Mendelson-2003, Ohsaki, and Goldsmith ............. 34
`B. Claim 1 ........................................................................................................... 53
`C. Claim 2 ........................................................................................................... 70
`D. Claim 3 ........................................................................................................... 71
`E. Claim 4 ........................................................................................................... 71
`F. Claim 5 ........................................................................................................... 72
`G. Claim 7 ........................................................................................................... 78
`H. Claim 9 ........................................................................................................... 82
`I. Claim 13 ......................................................................................................... 98
`J. Claim 14 ......................................................................................................... 99
`K. Claim 15 ......................................................................................................... 99
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`2
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`L. Claim 16 ......................................................................................................... 99
`M. Claim 17 .......................................................................................................105
`IX. GROUND 2 – Claims 1-17 Are Rendered Obvious by Aizawa, Mendelson-
`2003, Ohsaki, Goldsmith, Ali ................................................................................106
`A. Combination of Aizawa-Mendelson-2003-Ohsaki-Goldsmith and Ali .......106
`X. CONCLUSION ................................................................................................108
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`3
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`
`I.
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`QUALIFICATIONS AND BACKGROUND INFORMATION
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`1. My education and experience are described more fully in my curriculum
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`vitae (APPLE-1004). For ease of reference, I have highlighted certain information
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`below.
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`2. My academic and professional background is in Physics, Mechanical
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`Engineering, Sensing, and Robotics, with a research specialization focused on
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`microfabricated physical sensors, and I have been working in those fields since the
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`completion of my Ph.D. more than 30 years ago. The details of my background
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`and education and a listing of all publications I have authored in the past 35 years
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`are provided in my curriculum vitae, attached as Exhibit A. Below I provide a
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`short summary of my education and experience which I believe to be most
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`pertinent to the opinions that I express here.
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`3.
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`I received a B.S. in Physics from University of Minnesota, Minneapolis in
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`1983, and a Ph.D. in Physics from University of California at Berkeley in 1989. I
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`was educated as a Physicist specializing in sensors and measurement. My Physics
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`Ph.D. thesis involved measurements of the heat capacity of monolayers of atoms
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`on surfaces, and relied on precision measurements of temperature and power using
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`time-varying electrical signals, and also on the design and construction of
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`miniature sensor components and associated electrical circuits for conditioning and
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`conversion to digital format.
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`4
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`4.
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`After completion of my Ph.D. in Physics at U.C. Berkeley in 1989, I joined
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`the Jet Propulsion Laboratory (JPL) in Pasadena, CA, as a staff scientist, and began
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`working on miniature sensors and instruments for small spacecraft. This work
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`involved the use of silicon microfabrication technologies for miniaturization of the
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`sensors, and served as my introduction to the field of micro-electromechanical
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`systems (MEMS), or the study of very small mechanical sensors powered by
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`electricity and used for detection of physical and chemical signals.
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`5. While at JPL, we developed accelerometers, uncooled infrared sensors,
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`magnetometers, seismometers, force and displacement sensors, soil chemistry
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`sensors, miniature structures for trapping interstellar dust, and many other
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`miniature devices. Some of these projects led to devices that were launched with
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`spacecraft headed for Mars and for other interplanetary missions. Much of this
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`work involved the use of physical sensors for detection of small forces and
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`displacements using micromechanical sensors.
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`6.
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`I am presently the Richard Weiland Professor at the Department of
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`Mechanical Engineering at Stanford University, where I have taught for the past 26
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`years. I am also currently the Senior Associate Dean of Engineering for Student
`
`Affairs at Stanford.
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`7.
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`For 26 years, I have taught courses on Sensors and Mechatronics at Stanford
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`University. The “Introduction to Sensors” course is a broad overview of all
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`
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`5
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`
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`sensing technologies, from thermometers, to inertial sensors, ultrasound devices,
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`flow sensors, optical and IR sensors, chemical sensors, pressure sensors, and many
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`others, and has included sensors based on changes in capacitance, resistance,
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`piezoelectricity. This course specifically included different mechanisms for
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`sensing heart rate, blood pressure, blood chemistry, cardiovascular blood flow and
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`pressure drops, intraocular pressure and other physiological measurements, as well
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`as activity monitoring (step counting, stair-counting, etc.). I first taught this course
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`at Stanford in the Spring of 1994, and I offered this course at least annually until
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`2016, when my duties as Senior Associate Dean made this impractical.
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`8.
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`The “Introduction to Mechatronics” course is a review of the mechanical,
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`electrical and computing technologies necessary to build systems with these
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`contents, which include everything from cars and robots to cellphones and other
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`consumer electronics devices. In this class, we routinely use IR, LEDs, and
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`photosensors as a way of detecting proximity to objects in the space around
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`miniature robots. We also use inertial sensors to detect movement, and a number
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`of sensors, such as encoders to measure changes in position and trajectory. I was
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`one of the instructors for the first offering of this course in 1995, and this course
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`has been offered at least once each year ever since, with plans already underway
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`for the Winter 2021 offering. The 2020 offering was just completed, and was
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`
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`6
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`
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`highly-successful with 120 undergraduate and graduate students from many
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`engineering and science disciplines.
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`9.
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`I am co-author of a textbook titled “Introduction to Mechatronic Design,”
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`which broadly covers the topic of integration of mechanical, electronic and
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`computer systems design into “smart products.” This textbook includes chapters
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`on Microprocessors, Programming Languages, Software Design, Electronics,
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`Sensors, Signal Conditioning, and Motors, as well as topics such as Project
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`Management, Troubleshooting, and Synthesis.
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`10. My research group has focused on the area of microsensors and
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`microfabrication—a domain in which we design and build micromechanical
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`sensors using silicon microfabrication technologies. The various applications for
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`these technologies are numerous.
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`11.
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`I have advised 69 Ph.D. students that have completed Ph.D. degrees and
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`many more M.S. and B.S. students in Engineering during my time at Stanford.
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`12.
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`I have published over 250 technical papers in refereed journals and
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`conferences in the field of sensors, MEMS, and measurements. I have further
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`presented numerous conference abstracts, posters, and talks in my field. I am a
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`named inventor on 50 patents in my areas of work.
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`13.
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`I have previously served as an expert on a patent infringement case
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`involving the mounting and use of pressure sensors on guidewire catheters for
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`
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`7
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`
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`cardiovascular procedures that included a number of sensing aspects, such as
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`recording static and dynamic pressure signals, and compensating for electrical and
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`mechanical errors. I have also previously served as an expert on a patent
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`infringement case involving the design and use of miniature inertial sensors. That
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`case involved the design and operations of micromechanical sensors, and
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`particularly the use of inertial sensors for detection of states of movement and rest.
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`I have also served as an expert in a patent infringement case involving the use of
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`sensors on athletic shoes for determining athletic performance. More recently, I
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`served as an expert in a patent infringement case involving optical proximity
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`sensors in smartphones. My CV is included as APPLE-1004 and includes a full
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`listing of all cases in which I have testified at deposition or trial in the preceding
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`four years.
`
`14.
`
`I have been retained on behalf of Apple Inc. to offer technical opinions
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`relating to U.S. Patent No. 10,702,195 (“the ’195 patent”) and prior art references
`
`relating to its subject matter. I have reviewed the ’195 patent, relevant excerpts of
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`the prosecution history of the ’195 patent. I have also reviewed the following prior
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`art references:
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`8
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`
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`Prior Art Reference
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`U.S. Pub. No. 2002/0188210 to Aizawa (“Aizawa”) (APPLE-1006)
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`“Measurement Site and Photodetector Size Considerations in
`Optimizing Power Consumption of a Wearable Reflectance Pulse
`Oximeter,” Y. Mendelson, et al.; Proceedings of the 25th IEEE
`EMBS Annual International Conference, 2003; pp. 3016-3019
`(“Mendelson-2003”) (APPLE-1024)
`
`U.S. Pub. No. 2001/0056243 to Ohsaki et al. (“Ohsaki”) (APPLE-
`1014)
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`U.S. Pub. No. 2007/0093786 (“Goldsmith”) (APPLE-1027)
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`U.S. Patent No. 6,584,336 (“Ali”) (APPLE-1046)
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`15.
`
`I have also reviewed various supporting references and other documentation
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`as further noted in my opinions below.
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`16. Counsel has informed me that I should consider these materials through the
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`lens of one of ordinary skill in the art related to the ’195 patent at the time of the
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`earliest possible priority date of the ’195 patent, and I have done so during my
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`review of these materials. The application leading to the ’195 patent was filed on
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`December 6, 2018, and claims the benefit of priority to a provisional application
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`filed July 3, 2008 (“the Critical Date”). Counsel has informed me that the Critical
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`Date represents the earliest possible priority date to which the challenged claims of
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`’195 patent are entitled, and I have therefore used that Critical Date in my analysis
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`below.
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`
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`9
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`17.
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`I have no financial interest in the party or in the outcome of this proceeding.
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`I am being compensated for my work as an expert on an hourly basis. My
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`compensation is not dependent on the outcome of these proceedings or the content
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`of my opinions.
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`18.
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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
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`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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`19. My opinions, as explained below, are based on my education, experience,
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`and expertise in the fields relating to the ’195 patent. Unless otherwise stated, my
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`testimony below refers to the knowledge of one of ordinary skill in the fields as of
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`the Critical Date, or before. Any figures that appear within this document have
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`been prepared with the assistance of Counsel and reflect my understanding of the
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`’195 patent and the prior art discussed below.
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`II. OVERVIEW OF CONCLUSIONS FORMED
`20. This declaration explains the conclusions that I have formed based on my
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`analysis. To summarize those conclusions, based upon my knowledge and
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`experience and my review of the prior art publications listed above, I believe that:
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`10
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`
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` Claims 1-17 are rendered obvious by Aizawa, Mendelson-2003, Ohsaki, and
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`Goldsmith.
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` Claims 1-17 are rendered obvious by Aizawa, Mendelson-2003, Ohsaki,
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`Goldsmith, and Ali.
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`
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`III. LEVEL OF ORDINARY SKILL IN THE ART
`21.
`In my opinion, one of ordinary skill in the art relating to, and at the time of,
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`the invention of the ’195 patent would have been someone with a working
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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
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`electrical, computer, or software technologies, in combination with training or at
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`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. Alternatively, the person could have also had a Master of Science
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`degree in a relevant academic discipline with less than a year of related work
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`experience in the same discipline.
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`22. Based on my experiences, I have a good understanding of the capabilities of
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`one of ordinary skill. Indeed, I have taught, participated in organizations, and
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`worked closely with many such persons over the course of my career. Based on
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`my knowledge, skill, and experience, I have an understanding of the capabilities of
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`11
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`
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`one of ordinary skill. For example, from my industry experience, I am familiar
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`with what an engineer would have known and found predictable in the art. From
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`teaching and supervising my post-graduate students, I also have an understanding
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`of the knowledge that a person with this academic experience possesses.
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`Furthermore, I possess those capabilities myself.
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`IV. LEGAL STANDARDS
`A. Terminology
`I have been informed by Counsel and understand that the best indicator of
`
`23.
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`claim meaning is its usage in the context of the patent specification as understood
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`by one of ordinary skill. I further understand that the words of the claims should
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`be given their plain meaning unless that meaning is inconsistent with the patent
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`specification or the patent’s history of examination before the Patent Office.
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`Counsel has also informed me, and I understand that, the words of the claims
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`should be interpreted as they would have been interpreted by one of ordinary skill
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`at the time of the invention was made (not today). Because I do not know at what
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`date the invention as claimed was made, I have used the earliest priority date of the
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`’195 patent as the point in time for claim interpretation purposes. That date was
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`July 3, 2008.
`
`B.
`Legal Standards for Anticipation
`I have been informed by Counsel and understand that documents and
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`24.
`
`materials that qualify as prior art can render a patent claim unpatentable as
`12
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`
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`anticipated. I am informed by Counsel and understand that all prior art references
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`are to be looked at from the viewpoint of a person of ordinary skill in the art.
`
`25.
`
`I am informed by Counsel and understand that a challenged claim is
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`unpatentable as “anticipated” under 35 U.S.C. § 102 if it is determined that all the
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`limitations of the claim are described in a single prior art reference. I am informed
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`by Counsel and understand that, to anticipate a claim, a prior art reference must
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`disclose, either expressly or inherently, each and every limitation of that claim and
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`enable one of ordinary skill in the art to make and use the invention.
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`26.
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`I have been informed by Counsel and understand that in an inter partes
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`review, “the petitioner shall have the burden of proving a proposition of
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`unpatentability,” including a proposition of anticipation, “by a preponderance of
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`the evidence.” 35 U.S.C. §316(e).
`
`C. Legal Standards for Obviousness
`I have been informed by Counsel and understand that documents and
`
`27.
`
`materials that qualify as prior art can render a patent claim unpatentable as
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`obvious. I am informed by Counsel and understand that all prior art references are
`
`to be looked at from the viewpoint of a person of ordinary skill in the art at the
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`time of the invention, and that this viewpoint prevents one from using his or her
`
`own insight or hindsight in deciding whether a claim is obvious.
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`
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`13
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`28.
`
`I have been informed by Counsel and understand that a claim is unpatentable
`
`for obviousness under 35 U.S.C. § 103 (in the pre-AIA form of that statute that
`
`applies to the ’195 patent) “if the differences between the subject matter sought to
`
`be patented and the prior art are such that the subject matter as a whole would have
`
`been obvious at the time the invention was made to a person having ordinary skill
`
`in the art to which said subject matter pertains.” I am informed by Counsel and
`
`understand that obviousness may be based upon a combination of references. I am
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`informed by Counsel and understand that the combination of familiar elements
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`according to known methods is likely to be obvious when it does no more than
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`yield predictable results. However, I am informed by Counsel and understand that
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`a patent claim composed of several elements is not proved obvious merely by
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`demonstrating that each of its elements was, independently, known in the prior art.
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`29.
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`I am informed by Counsel and understand that when a patented invention is
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`a combination of known elements, a court must determine whether there was an
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`apparent reason to combine the known elements in the fashion claimed by the
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`patent at issue by considering the teachings of prior art references, the effects of
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`demands known to people working in the field or present in the marketplace, and
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`the background knowledge possessed by a person having ordinary skill in the art.
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`30.
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`I am informed by Counsel and understand that a patent claim composed of
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`several limitations is not proved obvious merely by demonstrating that each of its
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`14
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`
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`limitations was independently known in the prior art. I am informed by counsel for
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`the Patent Owner and understand that identifying a reason those elements would be
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`combined can be important because inventions in many instances rely upon
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`building blocks long since uncovered, and claimed discoveries almost of necessity
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`will be combinations of what, in some sense, is already known. I am informed by
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`Counsel and understand that it is improper to use hindsight in an obviousness
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`analysis, and that a patent’s claims should not be used as a “roadmap.”
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`31.
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`I am informed by Counsel and understand that an obviousness inquiry
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`requires consideration of the following factors: (1) the scope and content of the
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`prior art; (2) the differences between the claims and the prior art; (3) the level of
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`ordinary skill in the pertinent art; and (4) any objective indicia of non-obviousness,
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`such as commercial success, long-felt but unresolved need, failure of others,
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`industry recognition, copying, and unexpected results. I understand that the
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`foregoing factors are sometimes referred to as the “Graham factors.”
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`32.
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`I have been informed by Counsel and understand that an obviousness
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`evaluation can be based on a combination of multiple prior art references. I
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`understand that the prior art references themselves may provide a suggestion,
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`motivation, or reason to combine, but that the nexus linking two or more prior art
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`references is sometimes simple common sense. I have been informed by Counsel
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`and understand that obviousness analysis recognizes that market demand, rather
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`
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`15
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`
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`than scientific literature, often drives innovation, and that a motivation to combine
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`references may be supplied by the direction of the marketplace.
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`33.
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`I have been informed by Counsel and understand that if a technique has been
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`used to improve one device, and a person of ordinary skill at the time of invention
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`would have recognized that it would improve similar devices in the same way,
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`using the technique is obvious unless its actual application is beyond his or her
`
`skill.
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`34.
`
`I have been informed by Counsel and understand that practical and common
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`sense considerations should guide a proper obviousness analysis, because familiar
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`items may have obvious uses beyond their primary purposes. I have been
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`informed by Counsel and understand that a person of ordinary skill looking to
`
`overcome a problem will often be able to fit together the teachings of multiple
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`prior art references. I have been informed by Counsel and understand that
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`obviousness analysis therefore takes into account the inferences and creative steps
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`that a person of ordinary skill would have employed at the time of invention.
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`35.
`
`I have been informed by Counsel and understand that a proper obviousness
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`analysis focuses on what was known or obvious to a person of ordinary skill at the
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`time of invention, not just the patentee. Accordingly, I understand that any need or
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`problem known in the field of endeavor at the time of invention and addressed by
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`the patent can provide a reason for combining the elements in the manner claimed.
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`16
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`36.
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`I have been informed by Counsel and understand that a claim can be obvious
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`in light of a single reference, without the need to combine references, if the
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`elements of the claim that are not found explicitly or inherently in the reference
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`can be supplied by the common sense of one of skill in the art.
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`37.
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`I have been informed by Counsel and understand that secondary indicia of
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`non-obviousness may include (1) a long felt but unmet need in the prior art that
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`was satisfied by the invention of the patent; (2) commercial success of processes
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`covered by the patent; (3) unexpected results achieved by the invention; (4) praise
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`of the invention by others skilled in the art; (5) taking of licenses under the patent
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`by others; (6) deliberate copying of the invention; (7) failure of others to find a
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`solution to the long felt need; and (8) skepticism by experts. I understand that
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`evidence of secondary indicia of non-obviousness, if available, should be
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`considered as part of the obviousness analysis.
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`38.
`
`I have been informed by Counsel and understand that there must be a
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`relationship between any such secondary considerations and the invention, and that
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`contemporaneous and independent invention by others is a secondary consideration
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`supporting an obviousness determination.
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`39.
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`In sum, my understanding is that prior art teachings are properly combined
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`where one of ordinary skill having the understanding and knowledge reflected in
`
`the prior art and motivated by the general problem facing the inventor, would have
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`
`
`17
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`
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`been led to make the combination of elements recited in the claims. Under this
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`analysis, the prior art references themselves, or any need or problem known in the
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`field of endeavor at the time of the invention, can provide a reason for combining
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`the elements of multiple prior art references in the claimed manner.
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`40.
`
`I have been informed by Counsel and understand that in an inter partes
`
`review, “the petitioner shall have the burden of proving a proposition of
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`unpatentability,” including a proposition of obviousness, “by a preponderance of
`
`the evidence.” 35 U.S.C. §316(e).
`
`V. HISTORICAL AND TECHNICAL OVERVIEW
`41. The ’195 patent and the prior art references discussed herein are all from the
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`field of non-invasive optical biosensors. These devices have a wide range of
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`applications, for example, measuring blood flow characteristics such as blood
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`oxygen saturation, blood pressure, and cardiac output. Non-invasive optical
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`biosensors are generally characterized as devices that pass light from a light source
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`through the skin (i.e., non-invasive) into a blood perfused area of body tissue and
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`then use a photodetector to sense the absorption of light in the tissue.
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`42. One common and well-understood non-invasive optical biosensor is a pulse
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`oximeter, which is described in the ’195 patent. Pulse oximeters have been known
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`since at least the 1970’s, with technology used in pulse oximeters dating back to
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`the 1930’s.
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`
`18
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`
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`VI. The ’195 patent
`A. Overview of the ’195 patent
`43. The ’195 patent generally relates to “noninvasive methods, devices, and
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`systems for measuring...physiologically relevant patient characteristics.” APPLE-
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`1001, 2:40-46. The ’195 patent says that such “characteristics can relate, for
`
`example, to pulse rate, hydration, trending information and analysis, and the like.”
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`APPLE-1001, 2:46-48.
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`44. Referring to FIG. 1 below, the ’195 patent describes a system that
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`“include[s] a sensor 101 (or multiple sensors) that is coupled to a processing device
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`or physiological monitor 109,” where “the sensor 101 and the monitor 109 are
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`integrated together into a single unit” or “separate from each other and
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`communicate one with another in any suitable manner, such as via a wired or
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`wireless connection.” Id., 11:56-63.
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`
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`19
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`
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`APPLE-1001, FIG. 1
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`45. Referring to FIGS. 2A-2D below, the ’195 patent mentions “example
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`monitoring devices 200 in which the data collection system 100 can be housed.”
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`APPLE-1001, 16:31-33. Each of these “monitoring devices” as shown below
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`includes a sensor and a “handheld monitor.” Id., 5:48-51. Each device may
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`include components (e.g., monitor and sensor) that are connected “via a wired or
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`wireless connection.” Id., 11:60-63.
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`20
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`
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`APPLE-1001, FIGS. 2A-2D
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`46.
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`“[T]he detectors 106 can capture and measure light transmitted from the
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`emitter 104 that has been attenuated or reflected from the tissue in the
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`measurement site 102,” and “[t]he detectors 106 can output a detector signal 107
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`responsive to the light captured or measured.” Id., 14:11-19. Such signals can
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`indicate and correspond to, for example, the pulse rate of the user. Id., 2:46-68.
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`Although the ’195 patent is mostly directed, through its drawings and related
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`description, a transmittance-type measurement device where the emitter and the
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`detector are positioned on opposite sides of the measurement site, I note that the
`21
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`claims of the ’195 patent do not appear to distinguish over a reflectance-type
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`device where the emitter and the detector are positioned on the same side of the
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`measurement site. APPLE-1001, 14:13-16.
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`47. The ’195 patent also mentions that its sensor can include a plurality of
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`detectors that are disposed within a housing and covered by a transparent cover
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`(i.e., light permeable cover) having a protrusion. APPLE-1001, 26:3-11, 14D.
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`48.
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`I understand that no office actions were issued during the prosecution of the
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`application from which the ’195 patent issued. See generally APPLE-1002.
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`VII. SUMMARY OF THE PRIOR ART
`A. Overview of Aizawa
`49. Aizawa relates to a “pulse wave sensor…detecting light output from a light
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`emitting diode and reflected from the artery of a wrist of a subject.” APPLE-1006,
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`Abstract. Similar to the ’195 patent, Aizawa detects light emitted from an emitter
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`to obtain pulse information from a user. Id.
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`50. Aizawa’s sensor device detects a user’s pulse wave by using an emitter,
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`namely LED 21 (shown in green), to emit light that is picked up by photodetectors
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`22 (shown in red) that are arranged around the LED. APPLE-1006, [0023]. In
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`particular, “[n]ear infrared radiation output toward the wrist 10 from the light
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`emitting diode 21 is reflected by a red corpuscle running through the artery 11 of
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`22
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`the wrist 10 and this reflected light is detected by the plurality of photodetectors 22
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`so as to detect a pulse wave.” Id., [0027].
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`APPLE-1006, FIGS. 1(a)-1(b)
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`51. Aizawa’s device includes tapered cavities that form windows, as shown
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`below in blue, that provide an opening for each of the detectors/emitters and that
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`help increase, for instance, the concentration of light collected by the detectors,
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`which in turn would increase the signal to noise ratio. APPLE-1006, [0012],
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`[0024].
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`23
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`APPLE-1006, FIG. 1(b) (top), FIG. 1(a) (bottom)
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`52. Aizawa describes that such tapered openings “make[] it possible to expand
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`the light emitting area and the light receiving area” such that “a pulse wave can be
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`easily detected[.]” APPLE-1006, [0012].
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`53. Aizawa also teaches a light permeable cover in the form of an acrylic
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`transparent plate 6 (shown below in blue) that is mounted at the detection face 23a.
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`APPLE-1006, [0023].
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`24
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`APPLE-1006, FIG. 1(b)
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`54. This transparent plate not only provides a light permeable cover that covers
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`the emitter/detector assembly, in a manner similar to what is described in the ’195
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`patent, but it also provides improved adhesion between the detector and the wrist
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`to “further improv[e] the detection efficiency of a pulse wave.” APPLE-1006,
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`[0030].
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`55. Referring to FIG. 2 below, the sensor of Aizawa is designed to be worn on
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`the wrist as a wristwatch-type device. Id., [0026]. The various emitters/detectors
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`of Aizawa are housed within a circular housing structure, which has been colored
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`in red below.
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`25
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`APPLE-1006, FIG. 2
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`B. Overview of Mendelson-2003
`56. Mendelson-2003 is generally directed to a wearable sensor such as a
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`“wearable pulse oximeter.” APPLE-1024, Abstract. In particular, Mendelson-
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`2003 teaches a “reflectance sensor comprising twelve identical Silicon PD
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`[“photodiode”] chips[.]” Id., 3017. Mendelson-2003 teaches that a first set of “six
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`PDs were positioned in a close inner-ring configuration at a radial distance of
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`6.0mm from the LEDs,” and that a “second set of six PDs spaced equally along an
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`outer-ring, separated from the LEDs by a radius of 10.0mm.” Id. Below, the first
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`set of photodiodes are shown in green, and the second set is shown in red.
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