Trials@uspto.gov
`571-272-7822
`
`Paper 7
`Entered: June 3, 2021
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`
`IPR2021-00193
`Patent 10,299,708 B1
`
`
`
`
`
`
`
`
`
`Before JOSIAH C. COCKS, ROBERT L. KINDER, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`
`KINDER, Administrative Patent Judge.
`
`DECISION
`Granting Institution of Inter Partes Review
`35 U.S.C. § 314, 37 C.F.R. § 42.4
`
`
`
`
`
`
`
`
`571-272-7822
`
`Paper 7
`Entered: June 3, 2021
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`MASIMO CORPORATION,
`Patent Owner.
`
`IPR2021-00193
`Patent 10,299,708 B1
`
`
`
`
`
`
`
`
`
`Before JOSIAH C. COCKS, ROBERT L. KINDER, and
`AMANDA F. WIEKER, Administrative Patent Judges.
`
`KINDER, Administrative Patent Judge.
`
`DECISION
`Granting Institution of Inter Partes Review
`35 U.S.C. § 314, 37 C.F.R. § 42.4
`
`
`
`
`
`
`
`
`
`IPR2021-00193
`Patent 10,299,708 B1
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`
`I.
`
`INTRODUCTION
`
`A. Background
`
`Apple Inc. (“Petitioner”) filed a Petition requesting an inter partes
`
`review of claims 1–29 (“challenged claims”) of U.S. Patent No. 10,299,708
`
`B1 (Ex. 1001, “the ’708 patent”). Paper 2 (“Pet.”). Masimo Corporation
`
`(“Patent Owner”) waived filing a preliminary response. Paper 5 (“PO
`
`Waiver”).
`
`We have authority to determine whether to institute an inter partes
`
`review, under 35 U.S.C. § 314 and 37 C.F.R. § 42.4. An inter partes review
`
`may not be instituted unless it is determined that “the information presented
`
`in the petition filed under section 311 and any response filed under section
`
`313 shows that there is a reasonable likelihood that the petitioner would
`
`prevail with respect to at least 1 of the claims challenged in the petition.”
`
`35 U.S.C. § 314 (2018); see also 37 C.F.R. § 42.4(a) (“The Board institutes
`
`the trial on behalf of the Director.”).
`
`For the reasons provided below and based on the record before us, we
`
`determine that Petitioner has demonstrated a reasonable likelihood that
`
`Petitioner would prevail in showing the unpatentability of at least one of the
`
`challenged claims. Accordingly, we institute an inter partes review on all
`
`grounds set forth in the Petition.
`
`B. Related Matters
`
`The parties identify the following matters related to the ’708 patent:
`
`Masimo Corporation v. Apple Inc., Civil Action No. 8:20-cv-00048
`
`(C.D. Cal.) (filed Jan. 9, 2020);
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`2
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`IPR2021-00193
`Patent 10,299,708 B1
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`Apple Inc. v. Masimo Corporation, IPR2020-01520 (PTAB Aug. 31,
`
`2020) (challenging claims of U.S. Patent No. 10,258,265 B1);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01521 (PTAB Sept. 2,
`
`2020) (challenging claims of U.S. Patent No. 10,292,628 B1);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01523 (PTAB Sept. 9,
`
`2020) (challenging claims of U.S. Patent No. 8,457,703 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01524 (PTAB Aug. 31,
`
`2020) (challenging claims of U.S. Patent No. 10,433,776 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01526 (PTAB Aug. 31,
`
`2020) (challenging claims of U.S. Patent No. 6,771,994 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01536 (PTAB Aug. 31,
`
`2020) (challenging claims of U.S. Patent No. 10,588,553 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01537 (PTAB Aug. 31,
`
`2020) (challenging claims of U.S. Patent No. 10,588,553 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01538 (PTAB Sept. 2,
`
`2020) (challenging claims of U.S. Patent No. 10,588,554 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01539 (PTAB Sept. 2,
`
`2020) (challenging claims of U.S. Patent No. 10,588,554 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01713 (PTAB Sept. 30,
`
`2020) (challenging claims of U.S. Patent No. 10,624,564 B1);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01714 (PTAB Sept. 30,
`
`2020) (challenging claims of U.S. Patent No. 10,631,765 B1);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01715 (PTAB Sept. 30,
`
`2020) (challenging claims of U.S. Patent No. 10,631,765 B1);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01716 (PTAB Sept. 30,
`
`2020) (challenging claims of U.S. Patent No. 10,702,194 B1);
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`3
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`Patent 10,299,708 B1
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`Apple Inc. v. Masimo Corporation, IPR2020-01722 (PTAB Oct. 2,
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`2020) (challenging claims of U.S. Patent No. 10,470,695 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01723 (PTAB Oct. 2,
`
`2020) (challenging claims of U.S. Patent No. 10,470,695 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01733 (PTAB Sept. 30,
`
`2020) (challenging claims of U.S. Patent No. 10,702,195 B1);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01737 (PTAB Sept. 30,
`
`2020) (challenging claims of U.S. Patent No. 10,709,366 B1)
`
`Apple Inc. v. Masimo Corporation, IPR2021-00195 (PTAB Nov. 20,
`
`2020) (challenging claims of U.S. Patent No. 10,376,190 B1);
`
`Apple Inc. v. Masimo Corporation, IPR2021-00208 (PTAB Nov. 20,
`
`2020) (challenging claims of U.S. Patent No. 10,258,266 B1); and
`
`Apple Inc. v. Masimo Corporation, IPR2021-00209 (PTAB Nov. 20,
`
`2020) (challenging claims of U.S. Patent No. 10,376,191 B1).
`
`Pet. 97–98; Paper 3, 3–4.
`
`
`
`Patent Owner further identifies the following pending patent
`
`applications, among other issued and abandoned applications, that claim
`
`priority to, or share a priority claim with, the ’708 patent:
`
`
`
`
`
`
`
`
`
`U.S. Patent Application No. 16/834,538;
`
`U.S. Patent Application No. 17/031,407;
`
`U.S. Patent Application No. 17/031,316;
`
`U.S. Patent Application No. 17/031,356;
`
`U.S. Patent Application No. 16/449,143; and
`
`U.S. Patent Application No. 16/805,605.
`
`
`
`Paper 3, 2–3.
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`Patent 10,299,708 B1
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`C. The ’708 Patent
`
`The ’708 patent is titled “Multi-Stream Data Collection System for
`
`Noninvasive Measurement of Blood Constituents,” and issued on May 28,
`
`2019, from U.S. Patent Application No. 16/261,366, filed Jan. 29, 2019.
`
`Ex. 1001, codes (21), (22), (45), (54). The ’708 patent claims priority
`
`through a series of continuation and continuation-in-part applications to
`
`Provisional Application Nos. 61/078,228 and 61/078,207, both filed July 3,
`
`2008. Id. at codes (60), (63).
`
`The ’708 patent discloses a two-part data collection system including
`
`a noninvasive sensor that communicates with a patient monitor. Id. at 2:31–
`
`33. The sensor includes a sensor housing, an optical source, and several
`
`photodetectors, and is used to measure a blood constituent or analyte, e.g.,
`
`oxygen or glucose. Id. at 2:22–28, 57–58. The patient monitor includes a
`
`display and a network interface for communicating with a handheld
`
`computing device. Id. at 2:38–40.
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`Figure 1 of the ’708 patent is reproduced below.
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`
`
`Figure 1 illustrates a block diagram of data collection system 100 including
`
`sensor 101 and monitor 109. Id. at 11:36–47. Sensor 101 includes optical
`
`emitter 104 and detectors 106. Id. at 11:48–52. Emitters 104 emit light that
`
`is attenuated or reflected by the patient’s tissue at measurement site 102. Id.
`
`at 13:60–67. Detectors 106 capture and measure the light attenuated or
`
`reflected from the tissue. Id. In response to the measured light,
`
`detectors 106 output detector signals 107 to monitor 109 through front-end
`
`interface 108. Id. at 13:64–66, 14:16–22. Sensor 101 also may include
`
`tissue shaper 105, which may be in the form of a convex surface that: (1)
`
`reduces the thickness of the patient’s measurement site; and (2) provides
`
`more surface area from which light can be detected. Id. at 10:61–11:3.
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`Monitor 109 includes signal processor 110 and user interface 112. Id.
`
`at 15:6–8. “[S]ignal processor 110 includes processing logic that determines
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`measurements for desired analytes . . . based on the signals received from
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`the detectors.” Id. at 15:10–14. User interface 112 presents the
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`measurements to a user on a display, e.g., a touch-screen display. Id. at
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`15:38–48. The monitor may be connected to storage device 114 and
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`network interface 116. Id. at 15:52–16:3.
`
`
`
`The ’708 patent describes various examples of sensor devices.
`
`Figures 14D and 14F, reproduced below, illustrate sensor devices.
`
`
`
`Figure 14D illustrates portions of a detector submount and Figure 14F
`
`illustrates portions of a detector shell. Id. at 6:34–37. As shown in
`
`Figure 14D, multiple detectors 1410c are located within housing 1430 and
`
`under transparent cover 1432, on which protrusion 605b (or partially
`
`cylindrical protrusion 605) is disposed. Id. at 35:23–25, 36:17–24.
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`Figure 14F illustrates a detector shell 306f including detectors 1410c on
`
`substrate 1400c. Id. at 36:63–37:4. Substrate 1400c is enclosed by shielding
`
`enclosure 1490 and noise shield 1403, which include window 1492a and
`
`window 1492b, respectively, placed above detectors 1410c. Id.
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`Alternatively, cylindrical housing 1430 may be disposed under noise
`
`shield 1403 and may enclose detectors 1410c. Id. at 37:34–36.
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`Figures 4A and 4B, reproduced below, illustrate an alternative
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`example of a tissue contact area of a sensor device.
`
`
`
`Figures 4A and 4B illustrate arrangements of protrusion 405 including
`
`measurement contact area 470. Id. at 23:8–14. “[M]easurement site contact
`
`area 470 can include a surface that molds body tissue of a measurement
`
`site.” Id. “For example, . . . measurement site contact area 470 can be
`
`generally curved and/or convex with respect to the measurement site.” Id. at
`
`23:31–33. The measurement site contact area may include windows 420–
`
`423 that “mimic or approximately mimic a configuration of, or even house, a
`
`plurality of detectors.” Id. at 23:39–53.
`
`D. Illustrative Claim
`
`Of the challenged claims, claims 1 and 19 are independent. Claim 1 is
`
`illustrative and is reproduced below.
`
`1. A noninvasive optical physiological sensing system
`comprising:
`
`[a] a platform including a planar surface;
`
`[b] a housing including a raised edge portion extending from
`and enclosing at least a portion of the planar surface;
`
`[c] at least four detectors arranged on the planar surface of the
`platform and within the housing, wherein the at least four
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`detectors are arranged in a grid pattern such that a first detector
`and a second detector are arranged across from each other on
`opposite sides of a central point along a first axis, and a third
`detector and a fourth detector are arranged across from each other
`on opposite sides of the central point along a second axis which
`is perpendicular to the first axis; and
`
`[d] the housing including a protruding light permeable cover.
`
`Ex. 1001, 44:36–50 (bracketed identifiers a–d added). Independent claim 19
`
`includes limitations similar to limitations [a]–[d] of claim 1 but also requires
`
`distinct limitations discussed more below. Id. at 45:53–46:11 (reciting a
`
`“platform,” “at least four detectors,” and a “light permeable cover . . .
`
`protruding above the raised wall”).
`
`E. Applied References
`
`Petitioner relies upon the following references:
`
`Beyer, Jr., U.S. Patent No. 7,031,728 B2, filed Sept. 21, 2004,
`issued Apr. 18, 2006 (Ex. 1019, “Beyer”);
`
`Ohsaki et al., U.S. Patent Application Publication No.
`2001/0056243 A1, filed May 11, 2001, published December 27, 2001
`(Ex. 1014, “Ohsaki”);
`
`Aizawa, U.S. Patent Application Publication No.
`2002/0188210 A1, filed May 23, 2002, published December 12, 2002
`(Ex. 1006, “Aizawa”);
`
`Lo et al., U.S. Patent Application Publication
`No. 2004/0138568 A1, filed Jan. 15, 2003, published July 15, 2004
`(Ex. 1028, “Lo”);
`
`Inokawa et al., Japanese Patent Application Publication
`No. 2006-296564 A, filed April 18, 2005, published November 2,
`2006 (Ex. 1007, “Inokawa”);1
`
`
`1 Petitioner relies on a certified English translation of Inokawa (Ex. 1008).
`In this Decision, we also refer to the translation.
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`Goldsmith et al., U.S. Patent Application Publication
`No. 2007/0093786 A1, filed July 31, 2006, published April 26, 2007
`(Ex. 1027, “Goldsmith”);
`
`Al-Ali et al., U.S. Patent Application Publication No.
`2008/0242958 A1, filed Mar. 26, 2008, published Oct. 2, 2008
`(Ex. 1030, “Al-Ali”);
`
`Y. Mendelson et al., “Design and Evaluation of a New
`Reflectance Pulse Oximeter Sensor,” Association for the
`Advancement of Medical Instrumentation, vol. 22, No. 4, 167–173
`(1988) (Ex. 1015, “Mendelson-1988”);
`
`Y. Mendelson et al., “A Wearable Reflectance Pulse Oximeter
`for Remote Physiological Monitoring,” Proceedings of the 28th IEEE
`EMBS Annual International Conference, 912–915 (2006) (Ex. 1016,
`“Mendelson-2006”).
`
`Pet. 3–4. Petitioner also submits, inter alia, the Declaration of Thomas W.
`
`Kenny, Ph.D. (Ex. 1003).
`
`F. Asserted Grounds
`
`Petitioner asserts that claims 1–29 are unpatentable based upon the
`
`following grounds:
`
`Claim(s) Challenged
`1–9, 11, 13–15, 19–
`22, 24–27
`
`1–9, 11, 13–15, 19–
`22, 24–27
`
`16, 27, 28
`
`17, 18, 29
`
`16–18, 27–29
`
`10
`
`1–9, 11–15, 19–26
`
`35 U.S.C. §
`
`References/Basis
`
`103
`
`Aizawa, Inokawa
`
`103
`
`103
`
`103
`
`103
`
`103
`
`103
`
`Aizawa, Inokawa, Ohsaki
`
`Aizawa, Inokawa, Mendelson-2006
`
`Aizawa, Inokawa, Mendelson-2006,
`Beyer
`
`Aizawa, Inokawa, Goldsmith, Lo
`
`Aizawa, Inokawa, Al-Ali
`
`Mendelson-1988, Inokawa
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`10
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`Claim(s) Challenged
`
`16, 27, 28
`
`17, 18, 29
`
`35 U.S.C. §
`
`103
`
`103
`
`References/Basis
`Mendelson-1988, Inokawa,
`Mendelson-2006
`
`Mendelson-1988, Inokawa,
`Mendelson-2006, Beyer
`
`II. DISCUSSION
`
`A. Claim Construction
`
`For petitions filed on or after November 13, 2018, a claim shall be
`
`construed using the same claim construction standard that would be used to
`
`construe the claim in a civil action under 35 U.S.C. § 282(b). 37 C.F.R.
`
`§ 42.100(b) (2019). Petitioner submits that no claim term requires express
`
`construction. Pet. 4.
`
`Based on our analysis of the issues in dispute at this stage of the
`
`proceeding, we agree that no claim terms require express construction at this
`
`time. Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 868 F.3d
`
`1013, 1017 (Fed. Cir. 2017).
`
`B. Principles of Law
`
`A claim is unpatentable under 35 U.S.C. § 103 if “the differences
`
`between the subject matter sought to be patented and the prior art are such
`
`that the subject matter as a whole would have been obvious at the time the
`
`invention was made to a person having ordinary skill in the art to which said
`
`subject matter pertains.” KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 406
`
`(2007). The question of obviousness is resolved on the basis of underlying
`
`factual determinations, including (1) the scope and content of the prior art;
`
`(2) any differences between the claimed subject matter and the prior art;
`
`(3) the level of skill in the art; and (4) objective evidence of non-
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`obviousness.2 Graham v. John Deere Co., 383 U.S. 1, 17–18 (1966). When
`
`evaluating a combination of teachings, we must also “determine whether
`
`there was an apparent reason to combine the known elements in the fashion
`
`claimed by the patent at issue.” KSR, 550 U.S. at 418 (citing In re Kahn,
`
`441 F.3d 977, 988 (Fed. Cir. 2006)). Whether a combination of prior art
`
`elements would have produced a predictable result weighs in the ultimate
`
`determination of obviousness. Id. at 416–417.
`
`In an inter partes review, the petitioner must show with particularity
`
`why each challenged claim is unpatentable. Harmonic Inc. v. Avid Tech.,
`
`Inc., 815 F.3d 1356, 1363 (Fed. Cir. 2016); 37 C.F.R. § 42.104(b). The
`
`burden of persuasion never shifts to Patent Owner. Dynamic Drinkware,
`
`LLC v. Nat’l Graphics, Inc., 800 F.3d 1375, 1378 (Fed. Cir. 2015).
`
`We analyze the challenges presented in the Petition in accordance
`
`with the above-stated principles.
`
`C. Level of Ordinary Skill in the Art
`
`Petitioner identifies the appropriate level of skill in the art as that
`
`possessed by a person having “a Bachelor of Science degree in an academic
`
`discipline emphasizing the design of electrical, computer, or software
`
`technologies, in combination with training or at least one to two years of
`
`related work experience with capture and processing of data or information.”
`
`Pet. 4–5 (citing Ex. 1003 ¶¶ 21–22). “Alternatively, the person could have
`
`also had a Master of Science degree in a relevant academic discipline with
`
`less than a year of related work experience in the same discipline.” Id.
`
`
`2 Patent Owner does not present objective evidence of non-obviousness at
`this stage.
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`For purposes of this Decision, we generally adopt Petitioner’s
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`assessment as set forth above, which appears consistent with the level of
`
`skill reflected in the Specification and prior art.
`
`D. Obviousness over the Combined Teachings of
`Aizawa and Inokawa
`
`Petitioner presents undisputed contentions that claims 1–9, 11, 13–15,
`
`19–22, 24–27 of the ’708 patent would have been obvious over the
`
`combined teachings of Aizawa and Inokawa. Pet. 7–40.
`
`1. Overview of Aizawa (Ex. 1006)
`
`Aizawa is a U.S. patent application publication titled “Pulse Wave
`
`Sensor and Pulse Rate Detector,” and discloses a pulse wave sensor that
`
`detects light output from a light emitting diode and reflected from a patient’s
`
`artery. Ex. 1006, codes (54), (57).
`
`Figure 1(a) of Aizawa is reproduced below.
`
`
`
`Figure 1(a) is a plan view of a pulse wave sensor. Id. ¶ 23. As shown in
`
`Figure 1(a), pulse wave sensor 2 includes light emitting diode (“LED”) 21,
`
`four photodetectors 22 symmetrically disposed around LED 21, and
`
`holder 23 for storing LED 21 and photodetectors 22. Id. Aizawa discloses
`
`that, “to further improve detection efficiency, . . . the number of the
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`photodetectors 22 may be increased.” Id. ¶ 32, Fig. 4(a). “The same effect
`
`can be obtained when the number of photodetectors 22 is 1 and a plurality of
`
`light emitting diodes 21 are disposed around the photodetector 22.” Id. ¶ 33.
`
`
`
`Figure 1(b) of Aizawa is reproduced below.
`
`
`
`Figure 1(b) is a sectional view of the pulse wave sensor. Id. ¶ 23. As shown
`
`in Figure 1(b), pulse wave sensor 2 includes drive detection circuit 24 for
`
`detecting a pulse wave by amplifying the outputs of photodetectors 22. Id.
`
`¶ 23. Arithmetic circuit 3 computes a pulse rate from the detected pulse
`
`wave and transmitter 4 transmits the pulse rate data to an “unshown
`
`display.” Id. The pulse rate detector further includes outer casing 5 for
`
`storing pulse wave sensor 2, acrylic transparent plate 6 mounted to detection
`
`face 23a of holder 23, and attachment belt 7. Id. ¶ 23.
`
`Aizawa discloses that LED 21 and photodetectors 22 “are stored in
`
`cavities 23b and 23c formed in the detection face 23a” of the pulse wave
`
`sensor. Id. ¶ 24. Detection face 23a “is a contact side between the holder 23
`
`and a wrist 10, respectively, at positions where the light emitting face 21s of
`
`the light emitting diode 21 and the light receiving faces 22s of the
`
`photodetectors 22 are set back from the above detection face 23a.” Id. ¶ 24.
`
`Aizawa discloses that “a subject carries the above pulse rate detector 1 on
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`the inner side of his/her wrist 10 . . . in such a manner that the light emitting
`
`face 21s of the light emitting diode 21 faces down (on the wrist 10 side).”
`
`Id. ¶ 26. Furthermore, “the above belt 7 is fastened such that the acrylic
`
`transparent plate 6 becomes close to the artery 11 of the wrist 10. Thereby,
`
`adhesion between the wrist 10 and the pulse rate detector 1 is improved.”
`
`Id. ¶¶ 26, 34.
`
`2. Overview of Inokawa (Ex. 1008)
`
`Inokawa is a Japanese published patent application titled “Optical
`
`Vital Sensor, Base Device, Vital Sign Information Gathering System, and
`
`Sensor Communication Method,” and discloses a pulse sensor device.
`
`Ex. 1008 ¶ 6.
`
`Figure 1 of Inokawa is reproduced below.
`
`
`
`Figure 1 illustrates a schematic view of a pulse sensor. Id. ¶ 56. Pulse
`
`sensor 1 includes box-shaped sensor unit 3 and flexible annular wristband 5.
`
`Id. ¶ 57. Sensor unit 3 includes a top surface with display 7 and control
`
`switch 9, and a rear surface (sensor-side) with optical device component 11
`
`for optically sensing a user’s pulse. Id.
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`Figure 2 of Inokawa is reproduced below.
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`
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`Figure 2 illustrates a schematic view of the rear surface of the pulse sensor.
`
`Id. ¶ 58. The rear-side (sensor-side) of pulse sensor 1 includes a pair of
`
`light-emitting elements, i.e., green LED 21 and infrared LED 23, as well as
`
`photodiode 25 and lens 27. Id. In various embodiments, Inokawa discloses
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`that the sensor-side lens is convex. See id. ¶¶ 99, 107. Green LED 21
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`senses “the pulse from the light reflected off of the body (i.e.[,] change in the
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`amount of hemoglobin in the capillary artery),” and infrared LED 23 senses
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`body motion from the change in reflected light. Id. ¶ 59. The pulse sensor
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`stores this information in memory. Id. ¶ 68. To read and store information,
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`the pulse sensor includes a CPU that “performs the processing to sense
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`pulse, body motion, etc. from the signal . . . and temporarily stores the
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`analysis data in the memory.” Id. ¶ 69.
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`16
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`Figure 3 of Inokawa is reproduced below.
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`Figure 3 illustrates a schematic view of a pulse sensor mounted to a base
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`device. Id. ¶ 60. Pulse sensor 1 is depicted as mounted to base device 17,
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`which “is a charger with communication functionality.” Id. When so
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`mounted, sensor optical device component 11 and base optical device
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`component 41 face each other in close proximity. Id. ¶ 66. In this position,
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`pulse sensor 1 can output information to the base device through the coupled
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`optical device components. Id. ¶ 67. Specifically, the pulse sensor CPU
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`performs the controls necessary to transmit pulse information using infrared
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`LED 23 to photodetector 45 of base device 17. Id. ¶¶ 67, 70, 76. In an
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`alternative embodiment, additional sensor LEDs and base photodetectors can
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`be used to efficiently transmit data and improve accuracy. Id. ¶ 111.
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`17
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`3. Independent Claim 1
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`Petitioner presents undisputed contentions that claim 1 would have
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`been obvious over the combined teachings of Aizawa and Inokawa. Pet. 12–
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`16 (combination), 16–24 (claim 1).
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`i.“A noninvasive optical physiological sensing system
`comprising:”
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`On this record, the cited evidence supports Petitioner’s undisputed
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`contention that Aizawa discloses a measurement device, i.e., a pulse sensor
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`worn on a wearer’s wrist. Pet. 16; see, e.g., Ex. 1006 ¶ 2 (“[A] pulse wave
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`sensor for detecting the pulse wave of a subject from light reflected from a
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`red corpuscle in the artery of a wrist of the subject by irradiating the artery
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`of the wrist with light.”).
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`ii.“a platform including a planar surface;”
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`On this record, the cited evidence supports Petitioner’s undisputed
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`contention that Aizawa discloses holder 23 for storing light emitting
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`diode 21 and photodetectors 22 and a platform including a planar surface on
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`which holder 23 is placed. Pet. 17–18; see, e.g., Ex. 1006 ¶¶ 23 (“LED 21
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`. . . for emitting light having a wavelength of a near infrared range”),
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`Figs. 1(a)–(b). Petitioner provides the following annotated Figure 1(b)
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`depicting the planar surface in brown.
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`18
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`Pet. 18. Annotated Figure 1(b) depicts Aizawa’s sensor with the platform
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`with a planar surface depicted in brown. Id. Petitioner contends that a
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`person of ordinary skill in the art “would have understood that the various
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`electronic components of Aizawa, including its detectors and emitter, are
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`positioned within the holder 23 and further connected, through the identified
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`platform that supports the holder 23, to a drive circuit 24 on the other side of
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`the holder/platform.” Id. (citing Ex. 1006 ¶ 23; Ex. 1003 ¶ 75).
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`iii.“[b] a housing including a raised edge portion extending
`from and enclosing at least a portion of the planar
`surface”
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`On this record, the cited evidence supports Petitioner’s undisputed
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`contention that Aizawa discloses holder 23, which includes a flat surface and
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`a circular raised edge extending from the surface. Pet. 19; see, e.g.,
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`Ex. 1006 ¶ 23 (“holder 23 for storing . . . light emitting diode 21 and the
`
`photodetectors 22”), Figs. 1(a)–(b) (depicting holder 23 surrounding each
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`detector 22); Ex. 1003 ¶¶ 76–77. Petitioner provides annotated versions of
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`Aizawa’s Figures 1(a) and 1(b), which are reproduced below.
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`19
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`Pet. 19–20. Figures 1(a) and 1(b) depict side and top views of Aizawa’s
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`sensor with the housing depicted in red (holder 23), the raised edge depicted
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`in purple, and the planar surface depicted in brown. Id.
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`iv.“[c] at least four detectors arranged on the planar
`surface of the platform and within the housing, wherein
`the at least four detectors are arranged in a grid pattern
`such that a first detector and a second detector are
`arranged across from each other on opposite sides of a
`central point along a first axis, and a third detector and a
`fourth detector are arranged across from each other on
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`20
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`opposite sides of the central point along a second axis
`which is perpendicular to the first axis; and”
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`On this record, the cited evidence supports Petitioner’s undisputed
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`contention that Aizawa discloses at least four detectors 22 that are disposed
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`around light emitting diode 21 symmetrically in a perpendicular grid pattern
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`around light emitting diode 21. Pet. 20–21; see, e.g., Ex. 1006 ¶¶ 23 (“drive
`
`detection circuit 24 for detecting a pulse wave by amplifying the outputs of
`
`the photodetectors 22”), Fig. 1(a) (depicting detectors 22 spaced apart
`
`around LED 21 in a symmetric grid pattern), Fig. 1(b) (depicting detectors
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`22 connected to a drive circuit 24 on the other side of the housing), 28 (“the
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`amplified output is converted into a digital signal for the computation of a
`
`pulse rate”); Ex. 1003 ¶¶ 78–80.
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`Petitioner provides annotated Figure 1(a) of Aizawa showing how the
`
`four detectors “are arranged relative to a central point and first/second axes
`
`in the manner claimed, with the first/second axes being perpendicular to
`
`each other.” Pet. 22.
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`Pet. 22. Annotated Figure 1(a) depicts four detectors (in red) arranged in a
`
`grid pattern such that the first and second detector form a first axis that is
`
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`21
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`perpendicular to a second axis formed by the third and fourth detectors. Id.
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`We find Petitioner’s showing persuasive on the current record.
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`v.“[d] the housing including a protruding light permeable
`cover.”
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`On this record, the cited evidence supports Petitioner’s undisputed
`
`contentions regarding this limitation. Pet. 12–16, 22–24. Specifically,
`
`Petitioner contends that Aizawa discloses a protruding cover in the form of
`
`an “acrylic transparent plate” mounted over at least a portion of the housing
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`and to cover the at least four detectors. Id. at 22; Ex. 1006 ¶¶ 23, 34
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`(“[A]crylic transparent plate 6 is provided on the detection face 23a of the
`
`holder 23 to improve adhesion to the wrist 10.”), Fig. 1(b) (depicting flat,
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`transparent plate 6 between sensor 2 and wrist 10); Ex. 1003 ¶ 83 (“Because
`
`the light permeable cover of Aizawa . . . protrudes from the rest of the
`
`housing and is designed to be pressed into the skin when worn, it is
`
`protruding—and is thus a protruding light permeable cover.”).
`
`Petitioner further contends that Inokawa also teaches a protruding
`
`light permeable cover and provides motivation for incorporating such a
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`cover into Aizawa. Pet. 13, 23. Specifically, Inokawa’s lens 27 is
`
`positioned between its sensor and the wearer’s skin, which increases the
`
`light gathering ability of the sensor. Id. at 13, 23; see, e.g., Ex. 1008 ¶¶ 15
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`(“This lens makes it possible to increase the light-gathering ability of the
`
`LED as well as to protect the LED or PD.”), 58 (disclosing “a single
`
`photodiode (S-side PD) 25 that receives the reflected light from these
`
`[LEDs], and an S-side lens 27”), Fig. 2.
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`In light of these teachings, Petitioner contends that a person of
`
`ordinary skill in the art “would have found it obvious to modify the flat
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`22
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`acrylic plate of Aizawa, as illustrated below, to further Aizawa’s objective of
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`enhancing light-collection efficiency,” i.e., “by modifying the light
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`permeable cover of Aizawa to include a convex protrusion that acts as a
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`lens.” Pet. 13, 23–24.
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`
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`Pet. 14–15, 23–24; Ex. 1006 ¶¶ 13 (explaining that transparent plate 6 seeks
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`to “improve adhesion” and “improve the detection efficiency of pulse
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`waves”), 30 (same); Ex. 1008 ¶ 15; Ex. 1003 ¶¶ 82–87. Petitioner’s
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`annotated and modified Figures depict Aizawa’s sensor including its flat
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`transparent plate (left) and a modified version of Aizawa’s sensor in which
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`the plate includes a convex protrusion. Pet. 14, 24.
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`Petitioner contends this modification would have enjoyed a reasonable
`
`expectation of success because, for example, Inokawa teaches that the cover
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`may be flat, like that of Aizawa, to reduce scratches, or in the form of a lens,
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`as in Petitioner’s proposed modification, to increase light gathering ability.
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`Id. at 14–16; see, e.g., Ex. 1008 ¶¶ 15 (“This lens makes it possible to
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`increase the light-gathering ability.”), 106 (“[B]ecause the surface of the
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`covers 123, 131 is flat, the surface is less prone to scratches than when the
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`lens protrudes.”); Ex. 1003 ¶ 88.
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`23
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`At this stage of the proceeding, Petitioner’s stated reasoning for the
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`proposed modification is sufficiently supported, including by the unrebutted
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`testimony of Dr. Kenny. See, e.g., Ex. 1003 ¶¶ 83–88.
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`vi. Summary
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`For the foregoing reasons, we are persuaded that Petitioner’s cited
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`evidence and reasoning demonstrates a reasonable likelihood that Petitioner
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`would prevail in its contentions regarding claim 1.
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`4. Independent Claim 19
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`Independent claim 19 consists of certain limitations that are similar to
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`elements [a]–[d] of claim 1, but claim 19 also has distinct claim language.
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`Compare Ex. 1001, 44:36–50, with id. at 45:53–46:11. In asserting that
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`claim 19 also would have been obvious over the combined teachings of
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`Aizawa and Inokawa, Petitioner refers to similar arguments presented as to
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`claim 1. See Pet. 35–38; Ex. 1003 ¶¶ 110–115. We address the differences
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`in claim scope, and Petitioner’s arguments, below.
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`Similar to claim 1, claim 19 requires a platform and a housing, but
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`uniquely the claim further requires the “platform forming a base of a
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`housing, the housing including a raised wall protruding from the platform.”
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`Ex. 1001, 45:55–56. Dr. Kenny explains how Aizawa teaches these unique
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`“base of a housing” limitations of claim 19. See Ex. 1003 ¶¶ 111–112
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`(Aizawa’s “holder and the platform together provide the housing in the
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`manner claimed” and “the housing includes a raised wall . . . that protrudes
`
`from the platform.”). Thus, Petitioner shows how Aizawa teaches these
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`limitations. Pet. 35–36.
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`24
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`Claim 19 similarly requires “at least four detectors” but instead of a
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`having a “grid pattern” limitation (as with claim 1), claim 19 uniquely
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`requires that the four detectors are spaced apart and “configured to output
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`one or more signals responsive to light from one or more light emitters
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`attenuated by body tissue, the one or more signals indicative of a
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`physiological parameter of a wearer of the noninvasive optical physiological
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`sensing system.” Ex. 1001, 46:3–8. Petitioner explains persuasively how
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`Aizawa’s detectors detect light reflected by a red corpuscle running through
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`an artery of the wrist, such that a pulse wave is detected. Pet. 36–37 (citing
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`Ex. 1006 ¶ 27). For example, Aizawa’s detectors output “waveform of a
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`pulse wave,” and the output can be amplified and “converted into a digital
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`signal for the computation of a pulse rate.” Ex. 1006 ¶ 28. “Thus,”
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`according to Petitioner, “the detectors of Aizawa ‘output one or more signals
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`responsive to light from the one or more light emitters attenuated by body
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`tissue.’” Pet. 37 (quoting Ex. 1003 ¶ 114).
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`The remaining limitations of claim 19
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