IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`Poeze, et al.
`In re Patent of:
`10,702,195 Attorney Docket No.: 50095-0026IP1
`U.S. Patent No.:
`July 7, 2020
`
`Issue Date:
`Appl. Serial No.: 16/834,467
`
`Filing Date:
`March 30, 2020
`
`Title:
`MULTI-STREAM DATA COLLECTION SYSTEM FOR NONIN-
`VASIVE MEASUREMENT OF BLOOD CONSTITUENTS
`
`
`
`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. 10,702,195 PURSUANT TO 35 U.S.C. §§ 311–319, 37 C.F.R. § 42
`
`
`
`
`
`

`

`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`TABLE OF CONTENTS
`
`I. 
`
`REQUIREMENTS FOR IPR UNDER 37 C.F.R. §42.104 ............................. 1 
`A.  Grounds for Standing Under 37 C.F.R. §42.104(a).................................. 1 
`B.  Challenge Under 37 C.F.R. §42.104(b) and Relief Requested ................ 1 
`C.  Claim Construction under 37 C.F.R. §§42.104(b)(3) ............................... 3 
`D.  Level of Ordinary Skill in the Art ............................................................. 3 
`II. 
`SUMMARY OF THE ’195 PATENT ............................................................. 4 
`III.  THE CHALLENGED CLAIMS ARE UNPATENTABLE ............................ 6 
`A.  [GROUND 1] – Claims 1-17 are rendered obvious by Aizawa in view of
`Mendelson-2003, Ohsaki, and Goldsmith ................................................ 6 
`1.  Overview of Aizawa ........................................................................ 6 
`2.  Overview of Mendelson-2003 ......................................................... 9 
`3.  Overview of Ohsaki....................................................................... 11 
`4.  Overview of Goldsmith ................................................................. 13 
`5. 
`Combination of Aizawa, Mendelson-2003, Ohsaki, and Goldsmith
` ....................................................................................................... 16 
`6.  Analysis ......................................................................................... 35 
`B.  GROUND 2 – Claims 1-17 are obvious over Aizawa, Mendelso-2003,
`Ohsaki, Goldsmith, and Ali .................................................................... 86 
`1.  Overview of Ali ............................................................................. 86 
`2. 
`Combination of Aizawa-Mendelson-2003-Ohsaki-Goldsmith and
`Ali .................................................................................................. 87 
`IV.  PTAB DISCRETION SHOULD NOT PRECLUDE INSTITUTION .......... 89 
`V. 
`CONCLUSION .............................................................................................. 94 
`VI.  PAYMENT OF FEES – 37 C.F.R. § 42.103 ................................................. 95 
`VII.  MANDATORY NOTICES UNDER 37 C.F.R §42.8(a)(1) .......................... 95 
`A.  Real Party-In-Interest Under 37 C.F.R. §42.8(b)(1) ............................... 95 
`B.  Related Matters Under 37 C.F.R. §42.8(b)(2) ........................................ 95 
`C.  Lead And Back-Up Counsel Under 37 C.F.R. §42.8(b)(3) .................... 96 
`D.  Service Information ................................................................................ 96 
`
`
`
`
`
`
`i
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`

`

`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`
`
`
`EXHIBITS
`
`APPLE-1001
`
`U.S. Patent No. 10,702,195 to Poeze, et al. (“the ’195 patent”)
`
`APPLE-1002
`
`Excerpts from the Prosecution History of the ’195 Patent (“the
`Prosecution History”)
`
`APPLE-1003
`
`Declaration of Dr. Thomas W. Kenny
`
`APPLE-1004
`
`Curriculum Vitae of Dr. Thomas W. Kenny
`
`APPLE-1005
`
`Masimo Corporation, et al. v. Apple Inc., Complaint, Civil Ac-
`tion No. 8:20-cv-00048 (C.D. Cal.)
`
`APPLE-1006
`
` U.S. Pub. No. 2002/0188210 (“Aizawa”)
`
`APPLE-1007
`
`
`
`JP 2006-296564 (“Inokawa”)
`
`APPLE-1008
`
` Certified English Translation of Inokawa and Translator’s Dec-
`laration
`
`APPLE-1009
`
` U.S. Pat. No. 7,088,040 (“Ducharme”)
`
`APPLE-1010
`
` U.S. Pat. No. 6,198,951 (“Kosuda”)
`
`APPLE-1011
`APPLE-1012
`
` RESERVED
` RESERVED
`
`APPLE-1013
`
` RESERVED
`
`APPLE-1014
`
` U.S. Pub. No. 2001/0056243 (“Ohsaki”)
`
`APPLE-1015
`
`
`
`“Design and Evaluation of a New Reflectance Pulse Oximeter
`Sensor,” Y. Mendelson, et al.; Worcester Polytechnic Institute,
`
`ii
`
`

`

`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`Biomedical Engineering Program, Worcester, MA 01609; As-
`sociation for the Advancement of Medical Instrumentation,
`Vol. 22, No. 4, 1988; pp. 167-173 (“Mendelson-1988”)
`“A Wearable Reflectance Pulse Oximeter for Remote Physio-
`logical Monitoring,” Y. Mendelson, et al.; Proceedings of the
`28th IEEE EMBS Annual International Conference, 2006; pp.
`912-915 (“Mendelson-2006”)
`“Noninvasive Pulse Oximetry Utilizing Skin Reflectance Pho-
`toplethysmography,” Y. Mendelson, et al.; IEEE Transactions
`on Biomedical Engineering, Vol. 35, No. 10, October 1988; pp.
`798-805 (“Mendelson-IEEE-1988”)
`“Acrylic: Strong, stiff, clear plastic available in a variety of bril-
`liant colors,” available at https://www.curbellplastics.com/Re-
`search-Solutions/Materials/Acrylic
`
`
`
`
`
`
`
` U.S. Pat. No. 7,031,728 (“Beyer”)
`
`APPLE-1016
`
`APPLE-1017
`
`APPLE-1018
`
`
`APPLE-1019
`
`APPLE-1020
`
` U.S. Pat. No. 7,092,735 (“Osann, Jr.”)
`
`APPLE-1021
`
` U.S. Pat. No. 6,415,166 (“Van Hoy”)
`
`APPLE-1022
`
` RESERVED
`
`APPLE-1023
`
` U.S. Pub. No. 2005/0276164 (“Amron”)
`
`APPLE-1024
`
`APPLE-1025
`APPLE-1026
`APPLE-1027
`
`
`
`“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”)
` U.S. Pat. No. 6,801,799 (“Mendelson-’799”)
` Declaration of Jacob Munford
` U.S. Pub. No. 2007/0093786 (“Goldsmith”)
`
`iii
`
`

`

`APPLE-1028
`APPLE-1029
`
`APPLE-1030
`APPLE-1031
`
`APPLE-1032
`APPLE-1033
`
`APPLE-1034
`
`APPLE-1035
`
`APPLE-1036
`
`
`APPLE-1037
`
`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
` U.S. Patent No. 7,251,513 (“Kondoh”)
` Wikipedia: The Free Encyclopedia, “Universal asynchronous
`receiver-transmitter” at https://en.wikipedia.org/wiki/Univer-
`sal_asynchronous_receiver-transmitter, last accessed
`08/27/2020
` U.S. Pat. No. 6,081,735 (“Diab”)
` Scheduling Order, Masimo v. Apple et al., Case 8:20-cv-00048,
`Paper 37 (April 17, 2020)
` Stipulation by Apple
`
` Telephonic Status Conference, Masimo v. Apple et al., Case
`8:20-cv-00048, Paper 78 (July 13, 2020)
`Joseph Guzman, “Fauci says second wave of coronavirus is ‘in-
`evitable’”, TheHill.com (Apr. 29, 2020), available at:
`https://thehill.com/changing-america/resilience/natural-disas-
`ters/495211-fauci-says-second-wave-of-coronavirus-is
`“Tracking the coronavirus in Los Angeles County,”
`LATimes.com (Aug. 20, 2020), available at
`https://www.latimes.com/projects/california-coronavirus-cases-
`tracking-outbreak/los-angeles-county/
`Order Amending Scheduling Order, Masimo et al. v. True
`Wearables et al., Case 8:18-CV-02001 (July 7, 2020)
`
`
`
`Masimo Corporation, et al. v. Apple Inc., Second Amended
`Complaint, Civil Action No. 8:20-cv-00048 (C.D. Cal.)
`
`APPLE-1038 to 1039
`
`RESERVED
`
`APPLE-1040
`
`Order Granting Stipulation to Amend the Scheduling Order,
`Masimo v. Apple et al., Case 8:20-cv-00048, Paper 201 (Sep-
`tember 21, 2020)
`
`APPLE-1041
`
` U.S. Patent No. 5,355,242 (“Eastmond”)
`
`iv
`
`

`

`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`
`APPLE-1042
`APPLE-1043
`APPLE-1044
`APPLE-1045
`APPLE-1046
`APPLE-1047
`
` U.S. Patent No. 7,230,227 (“Wilcken”)
` RESERVED
` U.S. Patent No. 8,040,758 (“Dickinson”)
` U.S. Patent No. 7,656,393 (“King”)
` U.S. Patent No. 6,584,336 (“Ali”)
` RESERVED
`
`v
`
`

`

`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`
`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 1-17 (“the Chal-
`
`lenged Claims”) of U.S. Patent No. 10,702,195 (“’195 patent”). As explained in
`
`this petition, there exists a reasonable likelihood that Apple will prevail with re-
`
`spect to at least one of the Challenged Claims.
`
`I.
`
`REQUIREMENTS FOR IPR UNDER 37 C.F.R. §42.104
`A. Grounds for Standing Under 37 C.F.R. §42.104(a)
`Apple certifies that the ’195 Patent is available for IPR. The present petition
`
`is being filed within one year of service of a complaint against Apple in Masimo
`
`Corporation, et al. v. Apple Inc., Civil Action No. 8:20-cv-00048 (C.D. Cal.). Ap-
`
`ple is not barred or estopped from requesting this review challenging the Chal-
`
`lenged Claims on the below-identified grounds.
`
`B. Challenge Under 37 C.F.R. §42.104(b) and Relief Requested
`Apple requests an IPR of the Challenged Claims on the grounds set forth in
`
`the table below, and requests that each of the Challenged Claims be found un-
`
`patentable. Additional explanation and support is set forth in APPLE-1003, the
`
`Declaration of Dr. Thomas W. Kenny. See APPLE-1003, ¶¶20-193.
`
`Claims
`
`Ground
`Ground 1
`
`Ground 2
`
`1-17
`
`1-17
`
`Basis for Rejection
`§103 over Aizawa, Mendelson-
`2003, Ohsaki, Goldsmith
`§103 over Aizawa, Mendelson-
`
`1
`
`

`

`Ground
`
`Claims
`
`
`
`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`Basis for Rejection
`2003, Ohsaki, Goldsmith, Ali
`
`The ’195 patent claims priority to a number of U.S. patent applications, the
`
`earliest of which was filed on 07/02/2009, as well as to a number of U.S. provi-
`
`sional applications, the earliest of which was filed on 07/03/2008. APPLE-1001,
`
`Cover. Solely for purposes of evaluating prior art in this proceeding and without
`
`conceding the propriety of these priority claims, this Petition will treat 07/03/2008,
`
`as the earliest alleged effective filing date (i.e., the “Earliest Claimed Date”) of the
`
`’195 patent. The references relied on in the above grounds (as well as other sup-
`
`porting references mentioned in this Petition) are printed publications and qualify
`
`as prior art to the ’195 patent under either date, at least under the sections shown in
`
`the following table. See APPLE-1026. None of these references were substan-
`
`tively considered during prosecution of the ’195 patent. See, generally, APPLE-
`
`1002. Mendelson-2003 does appear as one among hundreds of listed references,
`
`but there is no indication that it was considered by the examiner. Id.
`
`Reference
`Aizawa
`Mendelson-2003
`Ohsaki
`Goldsmith
`Ali
`
`
`
`Qualifying Date
`12/12/2002
`2003
`12/27/2001
`4/26/2007
`6/24/2003
`
`Earliest Claimed Date
`102(b)
`102(b)
`102(b)
`102(b)
`102(b)
`
`2
`
`

`

`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`C. Claim Construction under 37 C.F.R. §§42.104(b)(3)
`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 ’195 patent specification, no
`
`formal claim constructions are necessary in this proceeding because “claim terms
`
`need only be construed to the extent necessary to resolve the controversy.” Well-
`
`man, Inc. v. Eastman Chem. Co., 642 F.3d 1355, 1361 (Fed. Cir. 2011).
`
`D. Level of Ordinary Skill in the Art
`A person of ordinary skill in the art relating to the subject matter of the ’195
`
`patent as of 07/03/2008 (“POSITA”) would have been a person with a working
`
`knowledge of physiological monitoring technologies. The person would have had
`
`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
`
`data or information, including but not limited to physiological monitoring technol-
`
`ogies. APPLE-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
`
`
`
`3
`
`

`

`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`
`II.
`SUMMARY OF THE ’195 PATENT
`The ’195 patent is directed to “noninvasive methods, devices, and systems
`
`for measuring...physiologically relevant patient characteristics.” APPLE-1001,
`
`2:40-46; APPLE-1003, ¶¶43-48. “These characteristics can relate, for example, to
`
`pulse rate, hydration, trending information and analysis, and the like.” APPLE-
`
`1001, 2:46-48.
`
`As illustrated in FIG. 1, the ’195 patent describes a system that “include[s] a
`
`sensor 101 (or multiple sensors) that is coupled to a processing device or physio-
`
`logical monitor 109,” where “the sensor 101 and the monitor 109 are integrated to-
`
`gether into a single unit” or “separate from each other and communicate one with
`
`another in any suitable manner, such as via a wired or wireless connection.” Id.,
`
`11:56-63.
`
`APPLE-1001, FIG. 1.
`
`
`
`4
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`

`

`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`The ’195 patent’s FIGS. 2A-2D (reproduced below) illustrate “example
`
`monitoring devices 200 in which the data collection system 100 can be housed.”
`
`APPLE-1001, 16:31-33. Each of the “monitoring devices” as shown below in-
`
`cludes a sensor and a “handheld monitor.” Id., 5:48-51. Further, each device may
`
`include components (e.g., monitor and sensor) that are connected “via a wired or
`
`wireless connection.” Id., 11:60-63.
`
`APPLE-1001, FIGS. 2A-2D.
`
`In use, “the detectors 106 can capture and measure light transmitted from the
`
`
`
`5
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`

`

`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`emitter 104 that has been attenuated or reflected from the tissue in the measure-
`
`ment site 102,” and “[t]he detectors 106 can output a detector signal 107 respon-
`
`sive to the light captured or measured.” Id., 14:11-19. The signal can correspond
`
`to, for instance, the pulse rate of the user. Id., 2:46-68; APPLE-1003, ¶46. Alt-
`
`hough the ’195 patent mostly describes a transmittance-type measurement device
`
`where the emitter and the detector are positioned on opposite sides of the measure-
`
`ment site, the claims do not distinguish over a reflectance-type device where the
`
`emitter and the detector are positioned on the same side of the measurement site.
`
`See APPLE-1001, 14:13-16; APPLE-1003, ¶46.
`
`The ’195 patent further describes that its sensor can include a plurality of de-
`
`tectors that are disposed within a housing and covered by a transparent cover (i.e.,
`
`light permeable cover) having a protrusion. APPLE-1001, 26:3-11, 14D; APPLE-
`
`1003, ¶47.
`
`
`
`III. THE CHALLENGED CLAIMS ARE UNPATENTABLE
`A.
` [GROUND 1] – Claims 1-17 are rendered obvious by Ai-
`zawa in view of Mendelson-2003, Ohsaki, and Goldsmith
`1. Overview of Aizawa
`Aizawa describes a “pulse wave sensor for detecting a pulse wave by detect-
`
`ing light output from a light emitting diode and reflected from the artery of a wrist
`
`of a subject.” APPLE-1006, Abstract; APPLE-1003, ¶¶49-55.
`
`6
`
`

`

`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`Aizawa’s sensor device detects a user’s pulse wave by using an emitter,
`
`namely LED 21 (shown in green), to emit light that is picked up by photodetectors
`
`22 (shown in red) that are arranged around the LED. APPLE-1006, [0023]. In
`
`particular, “[n]ear infrared radiation output toward the wrist 10 from the light emit-
`
`ting diode 21 is reflected by a red corpuscle running through the artery 11 of the
`
`wrist 10 and this reflected light is detected by the plurality of photodetectors 22 so
`
`as to detect a pulse wave.” Id., [0027].
`
`
`APPLE-1006, FIGS. 1(a)-1(b); APPLE-1003, ¶50.
`
`
`
`Aizawa’s device includes windows in the form of tapered cavities, indicated
`
`below in blue, that provide an opening for each of the detectors (and emitter) and
`
`that serve to increase, for instance, the concentration of light collected by the de-
`
`tectors, thereby increasing the signal to noise ratio. APPLE-1003, ¶51.
`
`7
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`

`

`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`
`
`
`
`
`
`
`APPLE-1006, FIG. 1(b) (top), FIG. 1(a) (bottom), [0012], [0024]; APPLE-1003,
`
`¶51. In particular, Aizawa describes that such tapered openings “make[] it possible
`
`to expand the light emitting area and the light receiving area” such that “a pulse
`
`wave can be easily detected[.]” APPLE-1006, [0012]. APPLE-1003, ¶52.
`
`Aizawa further teaches a light permeable cover in the form of an acrylic
`
`transparent plate 6 (blue) that is mounted at the detection face 23a:
`
`8
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`

`

`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`
`
`
`APPLE-1006, FIG. 1(b), [0023]; APPLE-1003, ¶53. This transparent plate not
`
`only provides a light permeable cover that covers the emitter/detector assembly, in
`
`a manner similar to what is described in the ’195 patent, but it also provides im-
`
`proved adhesion between the detector and the wrist to “further improv[e] the detec-
`
`tion efficiency of a pulse wave.” APPLE-1006, [0030]; APPLE-1003, ¶54.
`
`2. Overview of Mendelson-2003
`Mendelson-2003 is directed to a “wearable pulse oximeter.” APPLE-1024,
`
`Abstract. For this purpose, Mendelson-2003 teaches a “reflectance sensor com-
`
`prising twelve identical Silicon PD [“photodiode”] chips[.]” Id., 3017. As shown
`
`below, a first set of “six PDs were positioned in a close inner-ring configuration at
`
`a radial distance of 6.0mm from the LEDs,” and a “second set of six PDs spaced
`
`9
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`

`

`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`equally along an outer-ring, separated from the LEDs by a radius of 10.0mm.” Id.;
`
`APPLE-1003, ¶56.
`
`
`
`APPLE-1024, FIG. 1.
`
`In the detector configuration above, Mendelson-2003 teaches 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., 3017. Men-
`
`delson-2003 teaches that power savings can be achieved by having two rings of de-
`
`tectors arranged in this manner “by widening the active area of the PD which
`
`helps to collect a bigger portion of backscattered light intensity.” Id., 3019. That
`
`is, Mendelson-2003 teaches a configuration of PDs (i.e., arranged in two rings) that
`
`is better able to collect reflected light than prior art configurations. Id., 3017,
`
`10
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`

`

`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`3019; APPLE-1003, ¶57. This configuration of PDs allows the device designer to
`
`decrease the current provided to the LED because a lower brightness LED would
`
`still produce an acceptable signal as a result of the increased light collection effi-
`
`ciency of Mendelson-2003’s PD configuration. See id., 3017 (“...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, particularly
`
`in wearable wireless applications.”).
`
`Mendelson-2003 further teaches that its sensor can be mounted on the wrist
`
`and can be “incorporated into a wrist watch device.” Id., 3017. By using the two
`
`sets of photodiodes that are each connected in parallel, Mendelson-2003 discloses
`
`that backscattered signals measured from the wrist were increased by 42% and
`
`73%, respectively, for R and IR signals. Id., 3019. Thus, Mendelson-2003 utilizes
`
`its 2-ring PD arrangement to allow power-sensitive wearable devices, such as
`
`wrist-based devices, to consume less power, thereby prolonging, for example, bat-
`
`tery life. Id., 3017; APPLE-1003, ¶58.
`
`3. Overview of Ohsaki
`Ohsaki is titled “Wristwatch-type human pulse wave sensor attached on
`
`back side of user’s wrist” and, as illustrated in Ohsaki’s FIG. 1 (reproduced be-
`
`low), is generally directed to a wrist-worn “pulse wave sensor” (APPLE-1014,
`
`[0016]) featuring a “light emitting element” and a “light receiving element.”
`
`11
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`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`Id., [0017]. Ohsaki’s sensor addresses problems such as user discomfort and
`
`movement of the sensor by using a “translucent board” with a convex surface
`
`that is “in intimate contact with the surface of the user’s skin” to prevent slip-
`
`page. Id., [0009]-[0010]. Because the intensity of the light received by the de-
`
`tecting element “largely varies depending on the shift amount,” or amount of
`
`movement of the detecting element, Ohsaki’s convex surface reduces the “varia-
`
`tion of the amount of reflected light which is emitted” from the LED and
`
`reaches the detecting element after reflection from the user’s skin. Id., [0025],
`
`FIG. 2; APPLE-1003, ¶¶59-60.
`
`
`
`12
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`

`APPLE-1014, FIG. 2.
`
`
`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`
`4. Overview of Goldsmith
`Goldsmith discloses a medical watch controller device 900. APPLE-1027,
`
`[0085], [0095], [0098], [0104], [0010], claim 6. As illustrated below, Goldsmith
`
`teaches a wrist band 940 that enables the device 900 to be worn “like a watch,” and
`
`Goldsmith’s display 910 can include a “touchscreen display.” Id., [0085], [0086],
`
`[0093], [0095]; APPLE-1003, ¶61.
`
`APPLE-1027, FIG. 9A.
`
`
`
`13
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`

`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`Goldsmith’s device can “be used with any number of...diagnostic devices”
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`including “cardiac and other sensors” to obtain physiological measurements in-
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`cluding user temperature, blood glucose level, oxygen level, and heart rate. AP-
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`PLE-1027, [0082]-[0084], [0095], [0037], [0038], claims 25, 26. The display 910
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`may display data received “from a sensor transmitter on the patient’s skin,” from
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`“any number of therapy/diagnostic devices,” and/or from user input. Id., [0082],
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`[0087], [0095], [0102]. Goldsmith’s device can, for example, monitor and display
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`“heart rate,” “the patient’s temperature...or other characteristic[s].” Id., [0002],
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`[0013], [0014], [0035]-[0037], [0082], [0087], [0088], [0095], [0102]; APPLE-
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`1003, ¶62.
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`Goldsmith’s FIG. 10 (reproduced below) depicts exemplary components in-
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`cluded in the watch controller device. APPLE-1027, [0088]; APPLE-1003, ¶63.
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`14
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`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
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`
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`APPLE-1027, FIG. 10.
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`
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`Among other components, Goldsmith includes a memory, processor, trans-
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`ceiver, and display (e.g., a touch-screen). APPLE-1027, FIG. 10, [0088], [0091],
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`[0093], [0095], [0085]-[0087], [0090], [0093], [0102], [0104], claims 9, 10, 12, 13,
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`26, 43-45. A “processor 1012…is adapted to process data and commands inputted
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`by the user, and a transmitter/transceiver 1018…coupled to the processor 1012
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`transmits” communications, including data indicative of a user’s physiological pa-
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`rameters, to other devices (e.g., a computer, cellular phone, and/or PDA). APPLE-
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`1027, [0007], [0016]-[0018], [0035], [0052], [0087]-[0089], [0097], [0101]. The
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`transceiver may, e.g., receive diagnostic information from sensors included within
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`the watch controller’s housing, and transmit that information to other devices. Id.,
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`15
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`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`[0052], [0088], [0094], [0087], [0034], [0036]; APPLE-1003, ¶64. Goldsmith’s
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`memory can store data such as heart rate data. Id., [0037], [0044], [0091], [0095],
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`[0097].
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`In some embodiments, Goldsmith’s processor is implemented as a custom
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`integrated circuit (IC), as shown in FIG. 8. APPLE-1027, [0052]; APPLE-1003,
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`¶65.
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`
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`APPLE-1027, FIG. 8.
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`5.
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`Combination of Aizawa, Mendelson-2003, Ohsaki,
`and Goldsmith
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`(a) Aizawa + Mendelson-2003
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`As described in Section III.A.1 and shown below, Aizawa teaches a first set
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`of photodiodes in the form of four photodetectors 22 that are circularly arranged
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`16
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`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`around a centrally located emitter. APPLE-1006, [0023]. Moreover, a signal
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`stream from this first set of photodiodes is sent to a drive detection circuit 24 that
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`“amplif[ies] the outputs of the photodetectors.” Id.; APPLE-1003, ¶68.
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`APPLE-1006. FIG. 1(a).
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`
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`In one embodiment, Aizawa teaches that 8 or more photodetectors may be
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`provided to improve detection efficiency:
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`17
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`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
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`
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`APPLE-1006, FIG. 4(a), [0032], [0033]; APPLE-1003, ¶69.
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`Aizawa does not expressly teach “a second set of photodiodes [that] are con-
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`nected to one another in parallel to provide a second signal stream” as recited in
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`claim 1 of the ’195 patent. That is, while Aizawa teaches various ways of using a
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`single ring of multiple detectors to improve detection efficiency, it does not explic-
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`itly mention that these multiple detectors may be provided as first and second sets
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`of photodiodes that are each connected in parallel and provide first and second sig-
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`nal streams, respectively. APPLE-1006, [0013], [0030], [0032]; APPLE-1003,
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`¶70. A POSITA would have realized, however, that the arrangement of Aizawa’s
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`multiple detectors—which are arranged along a single ring—can be modified in
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`view of Mendelson-2003 to be arranged along two rings, thereby further advancing
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`18
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`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`Aizawa’s goal of improving detection efficiency through increased power savings
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`as taught by Mendelson-2003. APPLE-1006, [0013], [0030], [0032]; APPLE-
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`1024, 3017, 3019; APPLE-1003, ¶70.
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`For example, as shown below, Mendelson-2003 teaches using two rings of
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`photodiodes/detectors (“near positioned” detectors highlighted in green, and “far
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`positioned” detectors highlighted in red) in a wrist-based application where the de-
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`tectors in each of the near and far rings are “wired in parallel and connected
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`through a central hub to the common summing input of a current-to-voltage con-
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`verter.” APPLE-1024, 3017. Mendelson-2003 further teaches that this configura-
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`tion “widen[s] the active area of the PD which helps to collect a bigger portion of
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`backscattered light intensity,” thereby improving the light collection efficiency Id.,
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`3019; APPLE-1003, ¶71. This configuration allows additional light to be cap-
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`tured, thereby allowing lower brightness LEDs to be used (and, consequently, re-
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`ducing power consumption). APPLE-1003, ¶71.
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`
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`19
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`APPLE-1024, FIG. 1.
`
`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`
`Moreover, Mendelson-2003 is aimed at modifying conventional PD arrange-
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`ments—like that disclosed in Aizawa where a single ring of multiple PDs are
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`mounted symmetrically around a light source—to use two distinct rings of PDs
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`that are mounted symmetrically around the light source. See APPLE-1024, 3016
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`(referring to conventional sensor designs based on “radial arrangement” of PDs or
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`LEDs); APPLE-1003, ¶72 (citing APPLE-1006, [0032], APPLE-1015, 168, FIG.
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`2(A)). Mendelson-2003’s 2-ring configuration thus allows additional light to be
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`captured, which enables use of lower brightness LEDs (i.e., LEDs driven by a
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`lower driving current) while still achieving acceptable signals from the PDs. AP-
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`PLE-1024, 3017, 3019; APPLE-1003, ¶72.
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`A POSITA in possession of both Aizawa and Mendelson-2003 would have
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`recognized Mendelson-2003’s use of two concentric rings (near-positioned and far-
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`positioned) of photodiodes as a desirable detector configuration that would reap
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`similar benefits for Aizawa in terms of achieving “power savings in the design of a
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`more efficient” pulse sensing device. APPLE-1024, 3017; APPLE-1003, ¶73. In-
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`deed, by using Mendelson-2003’s power-saving (and thus efficiency-enhancing)
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`PD configuration, the power consumption of a wrist-based pulse sensing device as
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`in Aizawa can be reduced through use of a less bright and, hence, lower power-
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`20
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`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`consuming LED. APPLE-1003, ¶73. This, of course, would allow Aizawa’s
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`wrist-based device to enjoy a longer battery life. Id.
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`An example implementation of adding an additional ring of detectors to Ai-
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`zawa , as per Mendelson-2003, is illustrated below:
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`
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`APPLE-1006, FIG. 1(a); APPLE-1003, ¶74.
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`A POSITA would further recognize, in view of Mendelson-2003, that such a
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`two-ring arrangement can be implemented in a wrist sensor device as in Aizawa by
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`wiring each ring of detectors in parallel and summing the input of their respective
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`streams. APPLE-1024, 3017; APPLE-1003, ¶75 (citing APPLE-1041, 2:19-35,
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`FIG, 1; APPLE-1042, 5:20-67, FIGS 1-2; APPLE-1025, 4:23-30).
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`A POSITA also would have found it obvious to modify Aizawa with Men-
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`delson-2003 to add an additional ring of detectors because doing so merely entails
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`21
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`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`the use of known solutions to improve similar systems and methods in the same
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`way. APPLE-1003, ¶76. Indeed, “when a patent ‘simply arranges old elements
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`with each performing the same function it had been known to perform’ and yields
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`no more than one would expect from such an arrangement, the combination is ob-
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`vious.” KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 417 (2007). A POSITA would
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`have recognized that applying Mendelson-2003’s teachings regarding two, concen-
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`tric rings of detectors that are each connected in parallel to Aizawa’s sensor would
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`have led to predictable results without significantly altering or hindering the func-
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`tions performed by Aizawa’s sensor. APPLE-1003, ¶76. A POSITA would have
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`been motivated to provide the well-known feature of providing multiple rings of
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`emitters to a pulse sensor to achieve the predictable benefits offered by Mendel-
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`son-2003’s description of the same. Id. In fact, Aizawa itself contemplates the ad-
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`dition of extra detectors to improve light collection efficiency, although it does not
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`disclose whether they may be arranged as two concentric rings. APPLE-1006,
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`[0032]; APPLE-1003, ¶76. Moreover, as noted above, Mendelson-2003 expressly
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`contemplates adding an additional ring of detectors to a conventional 1-ring PD ar-
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`rangement precisely as found in Aizawa. APPLE-1024, 3016; APPLE-1003, ¶76.
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`(b) Aizawa + Mendelson-2003 + Ohsaki
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`In addition to combining Aizawa and Mendelson-2003 as describe above,
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`a POSITA would have further combined the teachings of Aizawa-Mendelson-
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`22
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`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`2003 with the teachings of Ohsaki such that the cover of Aizawa-Mendelson-
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`2003’s wrist-worn sensor would include, for instance, a convex surface to im-
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`prove adhesion between a subject’s wrist and a surface of the sensor. APPLE-
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`1014, [0025] (the convex surface prevents slippage of the detecting element
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`from its position on the subject’s wrist, and the convex nature of the surface
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`suppresses the “variation of the amount of the reflected light” that reaches the
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`detecting element); APPLE-1003, ¶¶77-85.
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`In more detail, Ohsaki describes a “detecting element” that includes “a pack-
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`age 5, a light emitting element 6 (e.g., LED), a light receiving element 7 (e.g., PD),
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`and a translucent board 8.” APPLE-1014, [0017]. “The package 5 has an opening
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`and includes a” substrate in the form of “circuit board 9,” on which light emitting
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`element 6 and light receiving element 7 are arranged. Id.; APPLE-1003, ¶78. As
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`shown in Ohsaki’s FIG. 2, translucent board 8 is arranged such that, when the sen-
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`sor is worn “on the user’s wrist … the convex surface of the translucent board … is
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`in intimate contact with the surface of the user’s skin”; this contact between the
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`convex surface and the user’s skin is said to prevent slippage, which increases the
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`strength of the signals obtainable by Ohsaki’s sensor. APPLE-1014, [0015],
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`[0017], [0025], FIGS. 1, 2, 4A, 4B.
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`23
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`Attorney Docket No. 50095-0026IP1
`IPR of U.S. Patent No. 10,702,195
`
`APPLE-1014, FIG. 2 (annotated)
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`
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`Ohsaki explains that “if the translucent board 8 has a flat surface, the de-
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`tected pulse wave is adversely affected by the movement of the user’s wrist as
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`shown in FIG. 4B (reproduced below),” but that if “the translucent board 8 has a
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`convex surface…variation of the amount of the reflected li