IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`Poeze, et al.
`In re Patent of:
`10,299,708 Attorney Docket No.: 50095-0009IP1
`U.S. Patent No.:
`May 28, 2019
`
`Issue Date:
`Appl. Serial No.: 16/261,366
`
`Filing Date:
`Jan. 29, 2019
`
`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. 10,299,708 PURSUANT TO 35 U.S.C. §§ 311–319, 37 C.F.R. § 42
`
`
`
`
`
`

`

`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`TABLE OF CONTENTS
`
`I. 
`
`II. 
`
`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.  Effective Priority Date of the Claims of the ’708 Patent .......................... 2 
`D.  Claim Construction under 37 C.F.R. §§42.104(b)(3) ............................... 4 
`E.  Level of Ordinary Skill in the Art ............................................................. 4 
`SUMMARY OF THE ’708 patent .................................................................. 5 
`A.  Brief Description ....................................................................................... 5 
`B.  Summary of the Prosecution History of the ’708 patent .......................... 7 
`III.  THE CHALLENGED CLAIMS ARE UNPATENTABLE ............................ 7 
`A.  [GROUND-1A] – Claims 1-9, 11, 13-15, 19-22, and 24-27 are rendered
`obvious by Aizawa in view of Inokawa ................................................... 7 
`1.  Overview of Aizawa ........................................................................ 7 
`2.  Overview of Inokawa .................................................................... 10 
`3. 
`Combination of Aizawa and Inokawa ........................................... 12 
`4.  Analysis ......................................................................................... 16 
`B.  [GROUND-1B] – Claims 1-9, 11, 13-15, 19-22, and 24-27 are rendered
`obvious by Aizawa in view of Inokawa and Ohsaki .............................. 40 
`1.  Overview of Ohsaki....................................................................... 40 
`2.  Analysis ......................................................................................... 42 
`C.  [GROUND-1C] – Claims 16, 27, and 28 are rendered obvious by
`Aizawa in view of Inokawa and Mendelson-2006 ................................. 43 
`1.  Overview of Mendelson-2006 ....................................................... 43 
`2. 
`Combination of Aizawa, Inokawa, and Mendelson-2006 ............. 45 
`3.  Analysis ......................................................................................... 47 
`D.  [GROUND-1D] – Claims 17, 18, 29 are rendered obvious by Aizawa in
`view of Inokawa, Mendelson-2006, and Beyer ...................................... 48 
`E.  [GROUND-1E] – Claims 16-18 and 27-29 are rendered obvious by
`Aizawa in view of Inokawa, Goldsmith, and Lo .................................... 53 
`1.  Overview of Goldsmith ................................................................. 53 
`2.  Overview of Lo ............................................................................. 54 
`3. 
`Combination of Aizawa, Inokawa, Goldsmith, and Lo ................ 55 
`4.  Analysis ......................................................................................... 57 
`F.  [GROUND-1F] – Claim 10 is rendered obvious by Aizawa in view of
`Inokawa, and Al-Ali ............................................................................... 60 
`G.  [GROUND-2A] – Claims 1-9, 11-15, and 19-26 are rendered obvious by
`Mendelson-1988 in view of Inokawa ..................................................... 62 
`
`i
`
`

`

`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`1.  Overview of Mendelson-1988 ....................................................... 62 
`2. 
`Combination of Mendelson-1988 and Inokawa ............................ 64 
`3.  Analysis ......................................................................................... 67 
`H.  [GROUND-2B] – Claims 16, 27, and 28 are rendered obvious by
`Mendelson-1988 in view of Inokawa and Mendelson-2006 .................. 90 
`1. 
`Combination of Mendelson-1988, Inokawa, and Mendelson-2006
` ....................................................................................................... 90 
`2.  Analysis ......................................................................................... 92 
`[GROUND-2C] – Claims 17, 18, and 29 are rendered obvious by
`Mendelson-1988 in view of Inokawa, Mendelson-2006, and Beyer...... 93 
`IV.  CONCLUSION .............................................................................................. 96 
`V. 
`PAYMENT OF FEES – 37 C.F.R. §42.103 .................................................. 97 
`VI.  MANDATORY NOTICES UNDER 37 C.F.R §42.8(a)(1) .......................... 97 
`A.  Real Party-In-Interest Under 37 C.F.R. §42.8(b)(1) ............................... 97 
`B.  Related Matters Under 37 C.F.R. §42.8(b)(2) ........................................ 97 
`C.  Lead And Back-Up Counsel Under 37 C.F.R. §42.8(b)(3) .................... 98 
`D.  Service Information ................................................................................ 98 
`
`I. 
`
`
`
`
`
`
`ii
`
`

`

`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`
`
`
`EXHIBITS
`
`APPLE-1001
`
`U.S. Patent No. 10,299,708 to Poeze, et al. (“the ’708 patent”)
`
`APPLE-1002
`
`Excerpts from the Prosecution History of the ’708 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. 8,177,720 (“Nanba”)
`
`APPLE-1011
`
` RESERVED
`
`APPLE-1012
`
` U.S. Pat. No. 6,853,304 (“Reisman”)
`
`APPLE-1013
`
` U.S. Pub. No. 2004/0220738 (“Nissila”)
`
`APPLE-1014
`
` U.S. Pub. No. 2001/0056243 (“Ohsaki”)
`
`APPLE-1015
`
`
`
`“Design and Evaluation of a New Reflectance Pulse Oximeter
`
`iii
`
`

`

`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`Sensor,” Y. Mendelson, et al.; Worcester Polytechnic Institute,
`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”)
`
`APPLE-1016
`
`
`
`APPLE-1017
`
` Excerpt from Merriam-Webster Dictionary
`
`APPLE-1018
`
`APPLE-1019
`
`
`
`“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-1020
`
` U.S. Pat. No. 7,092,735 (“Osann, Jr.”)
`
`APPLE-1021
`
` U.S. Pat. No. 6,415,166 (“Van Hoy”)
`
`APPLE-1022
`
` QuickSpecs; HP iPAQ Pocket PC h4150 Series
`
`APPLE-1023
`
` U.S. Pat. App. Pub. No. 2007/0145255 (“Nishikawa”)
`
`APPLE-1024
`
`APPLE-1025
`APPLE-1026
`APPLE-1027
`APPLE-1028
`
`
`
`“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”)
` U.S. Pub. No. 2004/0138568 (“Lo”)
`
`iv
`
`

`

`APPLE-1029
`
`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
` 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. Pub. No. 2008/0242958 to Al-Ali et al. (“Al-Ali”)
`APPLE_1030
`APPLE-1031 to 1036
`
`RESERVED
`APPLE-1037
` Masimo Corporation, et al. v. Apple Inc., Second Amended
`Complaint, Civil Action No. 8:20-cv-00048 (C.D. Cal.) (Re-
`dacted)
` U.S. Patent No. 8,577,431 to Lamego et al. (“CIP Patent”)
`
`APPLE-1038
`
`
`
`v
`
`

`

`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`
`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 1-29 (“the Chal-
`
`lenged Claims”) of U.S. Patent No. 10,299,708 (“’708 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 ’708 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, ¶¶20-226.
`
`Claims
`Ground
`Ground-1A 1-9, 11, 13-15, 19-22, 24-
`
`Basis for Rejection
`§103: Aizawa, Inokawa
`
`1
`
`

`

`Ground
`
`Claims
`
`27
`Ground-1B 1-9, 11, 13-15, 19-22, 24-
`27
`Ground-1C 16, 27, 28
`
`Ground-1D 17, 18, and 29
`
`Ground-1E 16-18, 27-29
`
`Ground-1F 10
`Ground-2A 1-9, 11-15, 19-26
`Ground-2B 16, 27, 28
`
`Ground-2C 17, 18, 29
`
`
`
`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`Basis for Rejection
`
`§103: Aizawa, Inokawa, Ohsaki
`
`§103: Aizawa, Inokawa, Mendel-
`son-2006
`§103: Aizawa, Inokawa, Mendel-
`son-2006, Beyer
`§103: Aizawa, Inokawa, Gold-
`smith, Lo
`§103: Aizawa, Inokawa, Al-Ali
`§103: Mendelson-1988, Inokawa
`§103: Mendelson-1988, Inokawa,
`Mendelson-2006
`§103: Mendelson-1988, Inokawa,
`Mendelson-2006, Beyer
`
`C. Effective Priority Date of the Claims of the ’708 Patent
`The ’708 patent claims priority to a number of U.S. patent applications and
`
`to various provisional applications, with the earliest provisional filed on
`
`07/03/2008. See APPLE-1001, Cover. However, the Challenged Claims are not
`
`entitled to the 07/03/2008 priority date. Instead, the earliest effective priority date
`
`for the Challenged Claims cannot be before 07/02/2009—the filing date of a CIP
`
`application (App. No. 12/497,528; now US8577431; hereinafter “CIP Patent”) that
`
`added disclosure to support the Challenged Claims.
`
`
`
`In particular, the Challenged Claims include several features that are not
`
`2
`
`

`

`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`supported by any of the applications in the priority chain filed before 07/02/2009.
`
`For instance, claim 1 of the ’708 patent recites “a protruding light permeable
`
`cover.” As another example, claim 10 recites “wherein the protruding light perme-
`
`able cover comprises a conductive layer configured to shield the at least four detec-
`
`tors from noise.” To the extent they are supported, these and other limitations ap-
`
`pear to be supported, at best, by FIGS. 14A-I of the CIP Patent and related descrip-
`
`tions found in its specification. See, generally, APPLE-1038. FIGS. 14A-I and the
`
`related descriptions were first introduced in the CIP Patent and do not appear in
`
`any of the other applications in the priority chain prior to the CIP Patent. Accord-
`
`ingly, because the CIP Patent is the first application in the priority chain that pro-
`
`vides support for the Challenged Claims, the earliest possible effective filing date
`
`for the ’708 patent is 07/02/2009—the filing date of the CIP Patent (hereinafter the
`
`“Critical Date”).
`
` The references relied on in the above grounds qualify as prior art to the ’708
`
`patent based on the Critical Date, at least under the sections shown in the following
`
`table. See APPLE-1026. None of these references were considered during prose-
`
`cution of the ’708 patent. APPLE-1002.
`
`Reference
`Aizawa
`Inokawa
`Ohsaki
`
`Qualifying Date
`12/12/2002
`11/02/2006
`12/27/2001
`
`Statutory Ground
`§102(b)
`§102(b)
`§102(b)
`
`3
`
`

`

`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`Qualifying Date
`Statutory Ground
`August-1988
`§102(b)
`12/26/2007
`§102(b)
`04/18/2006
`§102(b)
`04/26/2007
`§102(b)
`07/15/2004
`§102(b)
`03/26/2008
`§102(a)
`
`Reference
`Mendelson-1988
`Mendelson-2006
`Beyer
`Goldsmith
`Lo
`Al-Ali
`
`
`
`D. 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 ’708 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).
`
`E.
`Level of Ordinary Skill in the Art
`A person of ordinary skill in the art relating to the subject matter of the ’708
`
`patent (“POSITA”) would have been a person with a working knowledge of physi-
`
`ological monitoring technologies. The person would have had a Bachelor of Sci-
`
`ence degree in an academic discipline emphasizing the design of electrical, com-
`
`puter, or software technologies, in combination with training or at least one to two
`
`4
`
`

`

`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`years of related work experience with capture and processing of data or infor-
`
`mation, including but not limited to physiological monitoring technologies. AP-
`
`PLE-1003, ¶¶21-22. Alternatively, the person could have also had a Master of Sci-
`
`ence degree in a relevant academic discipline with less than a year of related work
`
`experience in the same discipline. Id.
`
`
`
`II.
`
`SUMMARY OF THE ’708 patent
`A. Brief Description
`The ’708 patent is directed to “noninvasive methods, devices, and systems
`
`for measuring...physiologically relevant patient characteristics.” APPLE-1001,
`
`2:22-28; APPLE-1003, ¶¶43-52.
`
`As illustrated in FIG. 1, the ’708 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.,
`
`11:36-43.
`
`5
`
`

`

`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`
`APPLE-1001, FIG. 1.
`
`
`
`In use, “the detectors 106 can capture and measure light transmitted from the
`
`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., 13:60-64. The signal can correspond
`
`to, for instance, the pulse rate of the user. Id., 2:28-30. Although the ’708 patent
`
`mostly describes a transmittance-type measurement device where the emitter and
`
`the detector are positioned on opposite sides of the measurement 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 id., 13:61-63, 26:13-
`
`20; APPLE-1003, ¶48.
`
`
`
`The ’708 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.,
`
`6
`
`

`

`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`light permeable cover) having a protrusion. See APPLE-1001, 35:65-36:9, 14D;
`
`APPLE-1003, ¶50.
`
`B.
`Summary of the Prosecution History of the ’708 patent
`U.S. Patent No. 10,299,708 issued on 05/28/2019 from U.S. Patent Applica-
`
`tion No. 16/261,366 (“’366 application”), which was filed on 01/29/2019. APPLE-
`
`1001, Cover. The ’366 application was not subject to any substantive office action
`
`and was allowed on 04/01/2019. APPLE-1002, 249. In allowing the application,
`
`the examiner noted that “the prior of record does not teach or suggest,” inter alia,
`
`“a housing including a raised edge portion . . . the housing including a protruding
`
`light permeable cover.” Id., 258-259. As will be detailed in this Petition, these
`
`and other claimed features were well-known at the time of the ’708 patent, and,
`
`had the examiner been aware of the prior advanced in this Petition, the application
`
`would not have been allowed.
`
`
`
`III. THE CHALLENGED CLAIMS ARE UNPATENTABLE
`A.
` [GROUND-1A] – Claims 1-9, 11, 13-15, 19-22, and 24-27
`are rendered obvious by Aizawa in view of Inokawa
`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, ¶¶53-58.
`
`7
`
`

`

`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`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, ¶54.
`
`
`
`Aizawa teaches that more detectors may be provided to “further improve
`
`detection efficiency.” APPLE-1006, [0032]. In some cases, “a plurality of light
`
`emitting diodes 21” may be provided. Id., [0033]; APPLE-1003, ¶55.
`
`
`
`The pulse rate detector of Aizawa is designed to be worn on the wrist such
`
`that the emitter/detector assembly faces the wrist:
`
`8
`
`

`

`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`
`
`APPLE-1006, [0026]; APPLE-1003, ¶58. The emitter/detector assembly is en-
`
`cased within a circular housing, shown in red above.
`
`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:
`
`
`
`9
`
`

`

`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`APPLE-1006, FIG. 1(b), [0023]; APPLE-1003, ¶¶56-57. This transparent plate
`
`not only provides a light permeable cover that covers the emitter/detector assem-
`
`bly, in a manner similar to what is described in the ’708 patent, but it also provides
`
`improved adhesion between the detector and the wrist to “further improv[e] the de-
`
`tection efficiency of a pulse wave.” APPLE-1006, [0030]; APPLE-1003, ¶57.
`
`2. Overview of Inokawa
`Similar to Aizawa, Inokawa teaches an optical “pulse sensor.” APPLE-
`
`1008, [0056]; APPLE-1003, ¶59.1 The pulse sensor of Inokawa can be attached
`
`the user’s wrist using a wristband 5:
`
`APPLE-1008, FIG. 1, [0057].
`
`
`
`
`1 JP 2006-296564 to Inokawa (APPLE-1007) was published in Japanese. Thus, all
`
`citations to Inokawa are to its English translation (APPLE-1008).
`
`10
`
`

`

`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`Referring to FIG. 2 below, Inokawa senses pulse by using a photodiode de-
`
`tector 25 (shown in red) to receive “light reflected off of the body (i.e. change in
`
`the amount of hemoglobin in the capillary artery).” APPLE-1008, [0058]. In-
`
`okawa teaches that “sensor-side light-emitting means of various kinds, such as an
`
`infrared LED or a green LED” can be used and that “work can be divided be-
`
`tween” them as needed. APPLE-1008, [0014]. For example, green light from
`
`LED 21 (shown in green) can be used to sense the pulse while infrared light from
`
`LED 23 (shown in purple) can be used to sense body motion. APPLE-1008,
`
`[0058]-[0059] .
`
`APPLE-1008, FIG. 2; APPLE-1003, ¶60.
`
`
`
`
`
`Inokawa further teaches that a lens 27 can be “placed on the surface of the
`
`sensor-side light-emitting means” to thereby “make[] it possible to increase the
`
`light-gathering ability of the LED as well as to protect the LED or PD.” APPLE-
`
`1008, [0015], [0058]. This structure corresponds to the light permeable cover
`
`11
`
`

`

`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`comprising a protrusion as recited in claim 1 of the ’708 patent. APPLE-1003,
`
`¶61.
`
`APPLE-1008, FIG. 2; APPLE-1003, ¶¶62-63.
`
`
`
`3.
`Combination of Aizawa and Inokawa
`A POSITA would have been motivated to combine Aizawa and Inokawa
`
`(“Aizawa-Inokawa”) to obtain additional benefits. APPLE-1003, ¶¶82-89. Be-
`
`yond Aizawa’s disclosure that its light permeable cover is an acrylic transparent
`
`plate that helps improve “detection efficiency,” Aizawa does not provide much
`
`other detail, for instance regarding its shape. APPLE-1006, [0030]. A POSITA
`
`would have realized, however, that the plate could be given a shape to achieve Ai-
`
`zawa’s objective of improving detection efficiency and, further, would have known
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`12
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`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`how to achieve such shape. Id., [0013], [0030], [0032]; APPLE-1009 at 3:46-51;
`
`APPLE-1003, ¶84.
`
`A POSITA would have looked to Inokawa to enhance light collection effi-
`
`ciency, specifically by modifying the light permeable cover of Aizawa to include a
`
`convex protrusion that acts as a lens. APPLE-1003, ¶85-89. Indeed, as discussed
`
`above in Section III.A.2, Inokawa discloses a lens 27 that is positioned between the
`
`sensor and skin:
`
`
`
`APPLE-1008, FIG. 2; APPLE-1003, ¶85. Inokawa further discloses that the “lens
`
`makes it possible to increase the light-gathering ability of the LED.” APPLE-
`
`1008, [0015]. Thus, a POSITA would have sought to incorporate an Inokawa-like
`
`lens into the cover of Aizawa to increase the light collection efficiency, which
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`13
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`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`would lead to an improved signal-to-noise ratio (and more reliable pulse detec-
`
`tion). APPLE-1003, ¶¶86-87. The lens of Inokawa would provide precisely such a
`
`benefit to Aizawa’s device by refracting/concentrating the incoming light signals
`
`reflected by the blood. Id.
`
`As illustrated below, the device resulting from the obvious combination of
`
`Aizawa and Inokawa would have replaced the flat cover (left) with a curved one as
`
`per Inokawa (right) to “increase the light-gathering ability.” APPLE-1008, [0015];
`
`APPLE-1003, ¶87.
`
`
`
`
`
`APPLE-1006, FIG. 1(b); APPLE-1003, ¶87.
`
`
`
`
`
`A POSITA would have understood how to implement Inokawa’s lens cover
`
`in Aizawa’s device with a reasonable expectation of success, stemming from the
`
`significant overlap across the references in their teaching. APPLE-1003, ¶88. For
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`14
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`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`example, as illustrated below, Inokawa teaches that its cover may be either flat
`
`(left) such that “the surface is less prone to scratches,” APPLE-1008 at [0106], or
`
`in the form of a lens (right) to “increase the light-gathering ability of the LED.” Id.
`
`at [0015].
`
`
`APPLE-1008, FIG. 17 (left), FIG. 16 (right); APPLE-1003, ¶88. A POSITA
`
`would have further recognized that the transparent acrylic material used to make
`
`Aizawa’s plate can be readily formed into a lens as in Inokawa. APPLE-1003, ¶89
`
`(citing to APPLE-1009 at 3:46-51, FIG. 1, APPLE-1023, FIG. 6, [0022], [0032],
`
`[0035]). Thus, a POSITA making the design choice to prioritize improved light
`
`collection efficiency over reduced susceptibility to scratches could have readily
`
`modified Aizawa’s cover to have a lens as per Inokawa. APPLE-1003, ¶89.
`
`The above-described modification would require only routine knowledge of
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`15
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`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`sensor design and assembly, which were well within the skill of a POSITA prior to
`
`the Critical Date. APPLE-1003, ¶89. Thus, to achieve Aizawa’s and Inokawa’s
`
`shared goal of improving light collection efficiency, a POSITA would have been
`
`motivated to modify Aizawa’s light permeable cover to have a lens as per Inokawa
`
`with a reasonable expectation of success. APPLE-1003, ¶¶84-89.
`
`4.
`
`Analysis
`
`Claim 1
`[1pre]: “A noninvasive optical physiological sensing system comprising:”
`
`
`Aizawa discloses a sensing system that includes a pulse sensor designed to
`
`“detect[] the pulse wave of a subject from light reflected from a red corpuscle in
`
`the artery of a wrist of the subject by irradiating the artery of the wrist[.]” APPLE-
`
`1006, [0002]; APPLE-1003, ¶73. As shown below, Aizawa’s sensor is designed to
`
`be worn on the wrist:
`
`
`
`16
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`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`APPLE-1006, FIG. 2, [0026]. In particular, Aizawa discloses that its “pulse rate
`
`detector 1” can be “attached to the wrist 10 with the belt 7...thereby making it pos-
`
`sible to carry it for a long time.” APPLE-1006, [0026], [0023], [0031]. Thus, the
`
`detector of Aizawa can be comfortably carried around by the user, by being at-
`
`tached to the user’s wrist using a belt. APPLE-1006, [0026]; APPLE-1003, ¶73.
`
`In this manner, the detector 1 and belt 7 of Aizawa together provide the claimed
`
`sensing system. APPLE-1003, ¶73. Moreover, Aizawa teaches uploading data to
`
`an external display, which would also be part of the sensing system. APPLE-1006,
`
`[0015], [0023], [0035]; APPLE-1003, ¶73.
`
` [1a]: “a platform including a planar surface;”
`
`
`Aizawa discloses “a holder 23 for storing the above light emitting diode 21
`
`and the photodetectors 22.” APPLE-1006, [0023], [0024]. Moreover, Aizawa in-
`
`cludes a platform including a planar surface (shown in brown) on which the holder
`
`23 is placed:
`
`17
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`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`
`
`
`APPLE-1006, FIG. 1(b); APPLE-1003, ¶74.
`
`
`
`A POSITA would have understood that the various electronic components of
`
`Aizawa, including its detectors and emitter, are positioned within the holder 23 and
`
`further connected, through the identified platform that supports the holder 23, to a
`
`drive circuit 24 on the other side of the holder/platform. APPLE-1006, [0023];
`
`APPLE-1003, ¶75. Indeed, it is well-known to mount electronic components, such
`
`as photodiodes and LEDs as in Aizawa, to a platform having a planar surface—
`
`such as a ceramic substrate or a circuit board—to provide both mechanical and
`
`electrical coupling of the components. APPLE-1014, [0017], FIG. 2; APPLE-
`
`1015, 168, FIG. 2B; APPLE-1003, ¶75.
`
`[1b]: “a housing including a raised edge portion extending from and enclosing
`at least a portion of the planar surface;”
`
`
`18
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`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`Aizawa discloses “a holder 23 for storing the above light emitting diode 21
`
`and the photodetectors 22.” APPLE-1006, [0023], [0024]. As noted above for
`
`[1a], Aizawa also provides a platform having a planar surface (shown in brown) on
`
`which the holder 23 is placed:
`
`APPLE-1006, FIG. 1(b); APPLE-1003, ¶76. The holder and the planar surface to-
`
`gether provide the claimed housing (red). APPLE-1003, ¶¶76-77. As shown
`
`above and also below, Aizawa’s holder provides a raised edge (purple) that extends
`
`from the planar surface and further encloses at least a portion of the planar surface:
`
`
`
`19
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`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`
`Apple-1006, FIG. 1(a); APPLE-1003, ¶77.
`
`
`
`[1c]: “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 opposite sides of the central point along a second axis which is per-
`pendicular to the first axis; and”
`
`
`Aizawa discloses “four photodetectors 22 disposed around the light emitting
`
`diode 21 symmetrically on a circle concentric to the light emitting diode 21.” AP-
`
`PLE-1006, [0029], [0024], [0032].
`
`20
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`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`
`
`APPLE-1006, FIG. 1(a); APPLE-1003, ¶78. The four detectors, which are con-
`
`nected to a drive circuit 24 on the other side of the housing, are arranged on the
`
`planar surface of the platform as would be understood by a POSITA:
`
`APPLE-1006, FIG. 1(b); APPLE-1003, ¶¶79-80.
`
`
`
`21
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`Attorney Docket No. 50095-0009IP1
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`As illustrated below, the four detectors of Aizawa 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:
`
`
`APPLE-1006, FIG. 1(a); APPLE-1003, ¶81. Also, as seen above, the detectors are
`
`arranged in a grid pattern. Id.
`
`[1d]: “the housing including a protruding light permeable cover.”
`
`
`Aizawa teaches a light permeable cover in the form of an acrylic transparent
`
`plate 6 (blue) that is mounted at the detection face 23a over at least a portion of the
`
`housing to cover the at least four detectors (red):
`
`22
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`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`
`
`
`APPLE-1006, FIG. 1(b), [0023]; APPLE-1003, ¶82.
`
`
`
`As seen above, the cover/plate of Aizawa protrudes from the housing toward
`
`the user’s skin thus allowing it to be pressed into the skin with pressure. APPLE-
`
`1006, [0006], [0026]; APPLE-1003, ¶83. Thus, the cover/plate of Aizawa is a pro-
`
`truding light permeable cover Id.
`
`
`
`Additionally, the combination of Aizawa and Inokawa, as described above
`
`in Section III.A.3 and incorporated herein, provides a cover having a convex pro-
`
`trusion/lens for improving light-gathering ability. APPLE-1008, FIG. 2, [0015],
`
`[0030], [0039], [0058], [0099], [0107]; APPLE-1003, ¶¶84-89. As noted, a
`
`POSITA would have found it obvious to modify the flat acrylic plate of Aizawa, as
`
`23
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`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`illustrated below, to further Aizawa’s objective of enhancing light-collection effi-
`
`ciency. APPLE-1006, [0013], [0030], [0032]; APPLE-1008, [0015]; APPLE-
`
`1003, ¶87.
`
`
`
`APPLE-1006, FIG. 1(b); APPLE-1003, ¶87.
`
`
`
`Claim 2
`[2]: “The noninvasive optical physiological sensing system of claim 1, wherein
`the protruding light permeable cover is joined to the housing along the raised
`edge portion of the housing, and wherein the protruding light permeable
`cover and the housing together hermetically seal the at least four detectors.”
`
`
`As discussed for [1d] and illustrated below, Aizawa’s light permeable cover
`
`is joined to the housing along the raised edge portion to house the detectors:
`
`24
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`Attorney Docket No. 50095-0009IP1
`IPR of U.S. Patent No. 10,299,708
`
`
`
`APPLE-1006, FIG. 1(b), [0023]; APPLE-1003, ¶90.
`
`Moreover, a POSITA would have recognized that a wrist-worn, watch-like
`
`device, as in Aizawa as well as Inokawa, would be airtight/watertight so as to her-
`
`metically seal the at least four detectors. APPLE-1003, ¶91. Indeed, it was well-
`
`known before the Critical Date that wristwatch-type monitoring devices are her-
`
`metically sea