Trials@uspto.gov
`571-272-7822
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`Paper No. 16
`Filed: October 18, 2019
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`OMNI MEDSCI, INC.,
`Patent Owner.
`____________
`
`Case IPR2019-00916
`Patent 9,651,533 B2
`____________
`
`Before GRACE KARAFFA OBERMANN, JOHN F. HORVATH, and
`SHARON FENICK, Administrative Patent Judges.
`
`HORVATH, Administrative Patent Judge.
`
`DECISION
`Granting Institution of Inter Partes Review
`35 U.S.C. § 314(a)
`
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`571-272-7822
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`Paper No. 16
`Filed: October 18, 2019
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`____________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`____________
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`OMNI MEDSCI, INC.,
`Patent Owner.
`____________
`
`Case IPR2019-00916
`Patent 9,651,533 B2
`____________
`
`Before GRACE KARAFFA OBERMANN, JOHN F. HORVATH, and
`SHARON FENICK, Administrative Patent Judges.
`
`HORVATH, Administrative Patent Judge.
`
`DECISION
`Granting Institution of Inter Partes Review
`35 U.S.C. § 314(a)
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`I. INTRODUCTION
`
`A. Background
`Apple Inc. (“Petitioner”) filed a Petition requesting inter partes
`review of claims 5, 7–10, 13, and 15–17 (“the challenged claims”) of
`U.S. Patent No. 9,651,533 B2 (Ex. 1001, “the ’533 patent”). Paper 1
`(“Pet.”), 3. Omni MedSci Inc. (“Patent Owner”), filed a Preliminary
`Response. Paper 10 (“Prelim. Resp.”). We have jurisdiction under
`35 U.S.C. § 314.
`Upon consideration of the Petition and Preliminary Response we are
`persuaded that Petitioner has demonstrated a reasonable likelihood that it
`would prevail in showing the unpatentability of at least one challenged claim
`of the ’533 patent. Accordingly, we institute inter partes review of all
`challenged claims on all grounds raised.
`B. Related Matters
`Petitioner and Patent Owner identify the following as matters that can
`affect or be affected by this proceeding: pending U.S. Patent Application
`Nos. 10/188,299, 10/172,523, 15/594,053, 16/015,737, and 16/241,628;
`Apple Inc. v. Omni MedSci Inc., IPR2019-00913 (PTAB); and Omni MedSci
`Inc. v. Apple Inc., 2-18-cv-00134-RWD (E.D. Tex.).1 See Pet. x; Paper 7, 1–
`2.
`
`
`1 This case was transferred to the Northern District of California, however,
`that Court has not yet provided a new case number. See Paper 11, 1; Paper
`13, 1; Ex. 1058, 9.
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`C. Evidence Relied Upon2
`
`Reference
`Mannheimer
`
`Date
`
`Exhibit
`
`U.S. 5,746,206
`
`May 5, 1998
`
`Carlson
`
`U.S. 2005/0049468 A1 Mar. 3, 2005
`
`Lisogurski
`
`U.S. 9,241,676 B2
`
`May 31, 20123
`
`
`
`1008
`
`1009
`
`1011
`
`D. Asserted Grounds of Unpatentability
`Claims Challenged
`Basis
`References
`5, 7–10, 13, and 15–17
`§ 103(a)
`Lisogurski and Carlson
`Lisogurski, Carlson, and
`8, 9, 16, and 17
`§ 103(a)
`Mannheimer
`II. ANALYSIS
`
`A. The ’533 Patent
`The ’533 patent was filed on October 6, 2015, and claims priority to a
`utility application filed on December 17, 2013 and a provisional application
`filed on December 31, 2012. Ex. 1001 codes (22), (60), (63), 1:10–14. The
`’533 patent is directed toward a wearable physiological measurement
`system. Id. code (57). The system is depicted in Figure 24 of the ’533
`patent, which is reproduced below.
`
`
`
`
`2 Petitioner also relies upon the Declaration of Brian Anthony, Ph.D.,
`(Ex. 1003).
`3 Petitioner relies on the filing date of Lisogurski to establish its status as
`prior art. See Pet. 21.
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`Figure 24 is a schematic illustration of a physiological measurement system.
`Id. at 7:7–10. The system includes wearable measurement device 2401,
`personal device 2405, and cloud based server 2407. Id. at 26:49–27:20.
`The “wearable measurement device [is] for measuring one or more
`physiological parameters.” Id. at 5:35–37. A schematic illustration of such
`a measurement device is shown in Figure 18 of the ’533 patent, which is
`reproduced below.
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`Figure 18 is a schematic diagram of a device for measuring physiological
`parameters that may be used to “subtract out (or at least minimize the
`adverse effects of) light source fluctuations.” Id. at 18:43–46.
`Wearable measurement device 2401 includes light source 1801 made
`from a plurality of light emitting diodes that generate an output optical beam
`at one or more optical wavelengths, wherein at least one of the optical
`wavelengths is between 700 and 2500 nanometers. Id. at 5:37–43, 18:46–
`48. The light source can increase a signal-to-noise ratio by increasing either
`the LED intensity or pulse rate. Id. at 5:43–47. Wearable measurement
`device 2401 also includes a plurality of lenses that receive a portion of the
`output optical beam from the light source and deliver an analysis beam to a
`sample. Id. at 5:47–50. Lastly, wearable measurement device 2401 includes
`a receiver that receives at least a portion of the analysis beam that has been
`reflected from or transmitted through the sample, and processes that signal
`to generate an output signal. Id. at 5:51–54.
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`The physiological measurement system also includes personal device
`2405 having a wireless receiver, a wireless transmitter, a display, a
`microphone, a speaker, one or more buttons or knobs, a microprocessor and
`a touch screen. Id. at 5:54–59, 27:3–7. Personal device 2405 receives and
`processes at least a portion of the output signal generated by wearable
`measurement device 2401, and stores and displays the processed output
`signal. Id. at 5:59–61, 27:10–12. Personal device 2405 also transmits at
`least a portion of the processed output signal over a wireless transmission
`link to a remote device, such as an internet or “cloud” based server. Id. at
`5:61–63, 26:30–34, 27:12–15. Personal device 2405 can be “a smart phone,
`tablet, cell phone, PDA, or computer,” or some “other microprocessor-based
`device.” Id. at 26:37–40, 26:49–55.
`The physiological measurement system also includes remote device
`2407 that receives the at least a portion of the processed output signal
`transmitted by personal device 2405 as an output status. Id. at 5:63–66,
`26:30–42, 27:12–15. Remote device 2407 processes the output status to
`generate and store processed data, and stores a history of the output status
`over a period of time. Id. at 5:66–6:1–3, 27:21–29, 27:34–37.
`B. Illustrative Claim
`Claim 13 of the ’533 patent is an independent and representative
`claim, and is reproduced below.
`13. A measurement system comprising:
`a wearable measurement device for measuring one
`or more physiological parameters, including a light
`source comprising a plurality of semiconductor
`sources that are light emitting diodes, the light
`emitting diodes configured to generate an output
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`optical beam with one or more optical
`wavelengths, wherein at least a portion of the one
`or more optical wavelengths is a near-infrared
`wavelength between 700 nanometers and 2500
`nanometers,
`the light source configured to increase signal-to-
`noise ratio by increasing a light intensity from at
`least one of the plurality of semiconductor sources
`and by increasing a pulse rate of at least one of the
`plurality of semiconductor sources;
`the wearable measurement device comprising a
`plurality of lenses configured to receive a portion
`of the output optical beam and to deliver an
`analysis output beam to a sample;
`the wearable measurement device further
`comprising a receiver configured to receive and
`process at least a portion of the analysis output
`beam reflected or transmitted from the sample and
`to generate an output signal, wherein the wearable
`measurement device receiver is configured to be
`synchronized to the light source;
`a personal device comprising a wireless receiver, a
`wireless transmitter, a display, a microphone, a
`speaker, one or more buttons or knobs, a
`microprocessor and a touch screen, the personal
`device configured to receive and process at least a
`portion of the output signal, wherein the personal
`device is configured to store and display the
`processed output signal, and wherein at least a
`portion of the processed output signal is
`configured to be transmitted over a wireless
`transmission link; and
`a remote device configured to receive over the
`wireless transmission link an output status
`comprising the at least a portion of the processed
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`output signal, to process the received output status
`to generate processed data and to store the
`processed data and wherein the remote device is
`capable of storing a history of at least a portion of
`the received output status over a specified period
`of time.
`Ex. 1001, 30:46–31:20.
`Claim 5 is an independent claim that recites a measurement system
`that is substantially similar to the measurement system recited in claim 13,
`but is broader than claim 13 because it does not require the light source,
`plurality of lenses, and receiver to be components of a wearable
`measurement device, does not require the measurement of one or more
`physiological parameters, and does not require the remote device to be
`capable of storing a history of at least a portion of the received output status
`over a specified period of time. Compare id. at 29:43–30:10, with id. at
`30:46–31:20. Claims 7–10 depend from claim 5, and claims 15–17 depend
`from claim 13. Id. at 30:15–37, 32:1–18.
`C. Level of Ordinary Skill in the Art
`Petitioner, relying on the testimony of Dr. Anthony, identifies a
`person of ordinary skill in the art (“POSITA”) as someone who “would have
`[had] a good working knowledge of optical sensing techniques and their
`applications, and familiarity with optical system design and signal
`processing techniques.” Pet. 16; Ex. 1003 ¶ 35. Such a person, according to
`Petitioner, would have obtained such knowledge through “an undergraduate
`education in engineering (electrical, mechanical, biomedical, or optical) or a
`related field of study, along with relevant experience studying or developing
`physiological monitoring devices . . . in industry or academia.” Id. Patent
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`Owner does not offer an opinion on Petitioner’s definition, either agreeing or
`disagreeing, and does not offer a counter definition of a person of ordinary
`skill in the art.
`At this stage of the proceeding, and for purposes of this Decision, we
`find Petitioner’s definition to be consistent with the problems and solutions
`disclosed in the patent and prior art of record, and adopt it as our own. See,
`e.g., In re GPAC Inc., 57 F.3d 1573, 1579 (Fed. Cir. 1995).
`D. Claim Construction
`In inter partes reviews, we interpret a claim “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). Under this
`standard, we construe the claim “in accordance with the ordinary and
`customary meaning of such claim as understood by one of ordinary skill in
`the art and the prosecution history pertaining to the patent.” Id. Only claim
`terms which are in controversy need to be construed and only to the extent
`necessary to resolve the controversy. See Nidec Motor Corp. v. Zhongshan
`Broad Ocean Motor Co., 868 F.3d 1013, 1017 (Fed. Cir. 2017).
`Petitioner requests construction of the terms “beam,” “plurality of
`lenses,” and “pulse rate.” Pet. 18–20. For the reasons discussed below,
`construction of these terms is not needed to resolve the fundamental
`controversy between the parties, i.e., whether Petitioner has demonstrated a
`reasonable likelihood of showing the unpatentability of claims 5, 7–10, 13,
`and 15–17. See Nidec, 868 F.3d at 1017.
`1. Light source
`Neither party requests construction of the term “a light source
`comprising a plurality of semiconductor sources that are light emitting
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`diodes. . . configured to increase signal-to-noise ratio by . . . increasing a
`pulse rate of at least one of the plurality of semiconductor sources,” recited
`in independent claims 5 and 13. A construction of the term is necessary,
`however, to resolve the parties’ dispute about whether Lisogurski alone or in
`combination with Carlson discloses such a light source.
`The Specification provides scant support for the meaning of “a light
`source comprising a plurality of semiconductor sources that are light
`emitting diodes. . . configured to increase signal-to-noise ratio by . . .
`increasing a pulse rate of at least one of the plurality of semiconductor
`sources.” This exact phrase is repeated in two places, without further
`explanation of its meaning. Ex. 1001, 5:10–15, 5:43–47.4 There are no
`other disclosures in the Specification to illuminate the meaning of this term.
`Given the scant disclosures in the Specification, for purposes of this
`Decision, we construe the term “a light source comprising a plurality of
`semiconductor sources that are light emitting diodes. . . configured to
`increase signal-to-noise ratio by . . . increasing a pulse rate of at least one of
`the plurality of semiconductor sources” to mean “a light source containing
`two or more light emitting diodes (semiconductor sources), wherein at least
`one of the light emitting diodes is capable of having its pulse rate increased
`to increase a signal-to-noise ratio.” This construction is supported by the
`
`
`4 We note that these phrases were added to the Specification by an
`amendment dated July 6, 2016, the same date then pending claims 5 and 14
`(which issued as claims 5 and 13) were amended to contain the same
`limitation. See Ex. 1002, 495–496, 500–503. The applicant, in its remarks
`accompanying these amendments, did not indicate where they were
`supported by the Specification as originally filed. See id. at 505-507.
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`Specification at column 5, lines 10 through 15, and lines 43 through 47, and
`is consistent with the plain words used in the claim term at issue.5
`2. Personal device
`Neither party requests construction of the “personal device” recited in
`independent claims 5 and 13. A construction of the term is necessary,
`however, to resolve the parties’ dispute about whether Lisogurski discloses a
`personal device.
`Claim 13 recites a measurement system comprising a wearable
`measurement device configured to “generate an output signal,” a personal
`device “configured to receive and process at least a portion of the output
`signal” and to transmit “at least a portion of the processed output signal”
`over a wireless link, and a “remote device configured to receive over the
`wireless transmission link an output status comprising at least a portion of
`the processed output signal.” Ex. 1001, 30:64–31:1, 31:4–15. The personal
`device includes “a wireless receiver, a wireless transmitter, a display, a
`microphone, a speaker, one or more buttons or knobs, a microprocessor, and
`a touch screen.” Id. at 31:4–7
`The Specification discloses a “non-invasive blood constituent or
`analytes measurement device” that “may communicate with a smart phone,
`tablet, personal data assistant, computer, and/or other microprocessor-based
`device, which may in turn wirelessly . . . transmit some or all of the signal or
`processed data to the internet or cloud.” Id. at 26:30–31, 26:37–42. Thus,
`the wearable measurement device can be a non-invasive blood analytes
`measurement device, the personal device can be a smart phone, tablet,
`
`
`5 See note 4, supra.
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`personal data assistant, computer, or microprocessor-based device, and the
`remote device can be “the cloud,” which the Specification identifies as “data
`servers and processors in the web remotely connected.” Id. at 26:32–33.
`Accordingly, we construe the term “personal device” to include a
`computer or microprocessor-based device having a wireless receiver, a
`wireless transmitter, a display, a microphone, a speaker, one or more buttons
`or knobs, a microprocessor, and a touch screen.
`E. Overview of the Prior Art
`1. Lisogurski
`Lisogurski discloses a “physiological monitoring system [that]
`monitor[s] one or more physiological parameters of a patient . . . using one
`or more physiological sensors.” Ex. 1011 3:44–46. The physiological
`sensors may include a “pulse oximeter [that] non-invasively measures the
`oxygen saturation of a patient’s blood.” Id. at 3:62–64. The pulse oximeter
`includes “a light sensor that is placed at a sight on a patient, typically a
`fingertip, toe, forehead, or earlobe.” Id. at 4:6–7. The light sensor “pass[es]
`light through blood perfused tissue and photoelectrically sense[s] the
`absorption of the light in the tissue.” Id. at 4:8–10. The light sensor emits
`“one or more wavelengths [of light] that are attenuated by the blood in an
`amount representative of the blood constituent concentration,” and may
`include red and infrared (IR) wavelengths of light. Id. at 4:42–48.
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`Figure 3 of Lisogurski is reproduced below.
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`Figure 3 of Lisogurski is “a perspective view of a physiological monitoring
`system.” Id. at 2:23–25. The system includes sensor 312, monitor 314, and
`multi-parameter physiological monitor 326. Id. at 17:35–36, 18:44–45.
`Sensor 312 includes “one or more light sources 316 for emitting light at one
`or more wavelengths,” and detector 318 for “detecting the light that is
`reflected by or has traveled through the subject’s tissue.” Id. at 17:37–42.
`Sensor 312 may have “[a]ny suitable configuration of light source 316 and
`detector 318,” and “may include multiple light sources and detectors [that]
`may be spaced apart.” Id. at 17:42–45. Light source 316 may include
`“LEDs of multiple wavelengths, for example a red LED and an IR [LED].”
`Id. at 19:25–27. Sensor 312 may be “wirelessly connected to monitor 314.”
`Id. at 17:57–59.
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`Monitor 314 “calculate[s] physiological parameters based at least in
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`part on data relating to light emission . . . received from one or more sensor
`units such as sensor unit 312.” Id. at 17:59–62. Monitor 314 includes
`“display 320 . . . to display the physiological parameters,” and “speaker 322
`to provide an audible . . . alarm in the event a subject’s physiological
`parameters are not within a predefined normal range.” Id. at 18:3–10.
`Monitor 314 is “communicatively coupled to multi-parameter physiological
`monitor 326” (“MPPM 326”) and “may communicate wirelessly” with
`MPPM 326. Id. at 18:58–61. Monitor 314 may also be “coupled to a
`network to enable the sharing of information with servers or other
`workstations.” Id. at 18:62–65.
`Multi-parameter physiological monitor 326 may also “calculate
`physiological parameters and . . . provide a display 328 for information from
`monitor 314.” Id. at 18:49–52. MPPM 326 may also be “coupled to a
`network to enable the sharing of information with servers or other
`workstations.” Id. at 18:62–65. The remote network servers may also “be
`used to determine physiological parameters,” and may display the
`parameters on a remote display, display 320 of monitor 314, or display 328
`of MPPM 326. Id. at 20:53–58. The remote servers may also “publish the
`data to a server or website,” or otherwise “make them available to a user.”
`Id. at 20:58–60.
`Lisogurski discloses that the monitoring system shown in Figure 3,
`described above, “may include one or more components of physiological
`monitoring system 100 of FIG. 1.” Id. at 17:32–35. Lisogurski further
`discloses that although “the components of physiological monitoring system
`100 . . . are shown and described as separate components. . . . the
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`functionality of some of the components may be combined in a single
`component,” and “the functionality of some of the components . . . may be
`divided over multiple components.” Id. at 15:66–16:8. Figure 1 of
`Lisogurski is reproduced below.
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`Figure 1 of Lisogurski is a “block diagram of an illustrative physiological
`monitoring system.” Id. at 2:11–13. The system includes “sensor 102 and
`monitor 104 for generating and processing physiological signals of a
`subject.” Id. at 10:44–46. Sensor 102 includes “light source 130 and
`detector 140.” Id. at 10:48–49. Light source 130 includes “a Red light
`emitting source and an IR light emitting source,” such as Red and IR
`emitting LEDs, with the IR LED emitting light with a “wavelength between
`about 800 nm and 1000 nm.” Id. at 10:52–58. Detector 140 “detect[s] the
`intensity of light at the Red and IR wavelengths,” converts them to an
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`electrical signal, and “send[s] the detection signal to monitor 104, where the
`detection signal may be processed and physiological parameters
`determined.” Id. at 11:9–10, 11:20–23.
`Monitor 104 includes user interface 180, communication interface
`190, and control circuitry 110 for controlling (a) light drive circuitry 120, (b)
`front end processing circuitry 150, and (c) back end processing circuitry 170
`via “timing control signals.” Id., 11:33–38, Fig. 1. Light drive circuitry 120
`“generate[s] a light drive signal . . . used to turn on and off the light source
`130, based on the timing control signals.” Id. at 11:38–40. The light drive
`signal “control[s] the intensity of light source 130 and the timing of when
`the light source 130 is turned on and off.” Id. at 11:50–54. Front end
`processing circuitry 150 “receive[s] a detection signal from detector 140 and
`provides one or more processed signals to back end processing circuitry
`170.” Id. at 12:42–45. Front end processing circuitry 150 also
`“synchronize[s] the operation of an analog-to-digital converter and a
`demultiplexer with the light drive signal based on the timing control
`signals.” Id. at 11:43–46.
`Back end processing circuitry 170 “use[s] the timing control signals to
`coordinate its operation with front end processing circuitry 150.” Id. at
`11:46–49. Backend processing circuitry 170 includes processor 172 and
`memory 174, and “receive[s] and process[es] physiological signals received
`from front end processing circuitry 150” in order to “determine one or more
`physiological parameters.” Id. at 14:56–57, 14:60–64. Backend processing
`circuitry 170 is “communicatively coupled [to] user interface 180 and
`communication interface 190.” Id. at 15:16–18. User interface 180 includes
`“user input 182, display 184, and speaker 186,” and may include “a
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`keyboard, a mouse, a touch screen, buttons, switches, [and] a microphone.”
`Id. at 15:19–22. Communication interface 190 allows “monitor 104 to
`exchange information with external devices,” and includes transmitters and
`receivers to allow wireless communications. Id. at 15:43–44, 15:48–57.
`
`Lisogurski teaches the physiological monitoring system may modulate
`the light drive signal to have a “period the same as or closely related to the
`period of [a] cardiac cycle.” Id. at 25:49–51. Thus, “[t]he system may vary
`parameters related to the light drive signal including drive current or light
`brightness, duty cycle, firing rate, . . . [and] other suitable parameters.” Id.
`at 25:52–55. Lisogurski further teaches “the system may alter the cardiac
`cycle modulation technique based on the level of noise, ambient light, [and]
`other suitable reasons.” Id. at 9:46–48. Thus, “[t]he system may increase
`the brightness of the light sources in response to [any] noise to improve the
`signal-to-noise ratio.” Id. at 9:50–52. The system may also “change from a
`modulated light output to a constant light output in response to noise, patient
`motion, or ambient light.” Id. at 9:57–60.
`2. Carlson
`Carlson discloses an “optical pulsoximetry [device] used for non-
`invasive measurement of pulsation and oxygen saturation in arterial human
`or animal blood.” Ex. 1009 ¶ 2. The device measures the light “absorption
`of reduced (Hb)—and oxidized (HbO2) h[e]moglobin at two optical
`wavelengths, where the relative absorption coefficients differ significantly.”
`Id. ¶ 3.
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`Figure 2 of Carlson is reproduced below.
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`Figure 2 of Carlson is a schematic illustration of an ear clip sensor 1 of a
`pulsoximeter device. Id. ¶¶ 33, 49. Sensor 1 includes light source 15, which
`transmits light beam 8 through a patient’s earlobe 2, and light detector 11 to
`detect the transmitted light. Id. ¶ 49. Light source 15 emits light at two
`wavelengths—660 nm and 890 nm—and can consist of two LEDs. Id. ¶ 50.
`Carlson’s pulsoximeter can be used to “survey the heath condition of
`a person or an animal [that] is mobile,” and is “not restricted for use in, e.g.,
`a hospital.” Id. ¶ 72. Carlson teaches that “standard pulsoximeter sensors
`suffer from signal instability and insufficient robustness versus
`environmental disturbances.” Id. ¶ 4. For example, when a sensor is worn
`by a person driving along a tree-lined avenue, the sensor will receive
`sunlight “at a certain frequency” such that “every time when passing a tree,
`sunlight is attenuated and between the trees sunlight is influencing the
`measurement of the pulsoximeter sensor.” Id. ¶ 68. To address such
`problems, Carlson includes “optical and/or electronic means for increasing
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`Signal-to-Noise ratio (S/N) . . . of a pulsoximeter sensor for robust
`application of pulsoximetry in telemedicine- and near patient testing
`applications in rough (optical) environmental conditions.” Id. ¶ 10. In
`particular, the LEDs in Carlson’s sensor emit light “not as a current or
`continuous light but as pulsed light.” Id. ¶ 69. Carlson’s sensor also uses
`“AC-Coupling or Lock-In Amplification (synchronous detection) . . . to
`temporarily modulate the amplitude of the optical radiation of . . . the LED
`at a carrier frequency f0 in order to shift the power spectrum of the
`pulsoximeter signals into a higher frequency range.” Id. ¶ 20. Modulation
`frequency f0 is selected to be “outside the frequency spectrum of sunlight
`and of ambient light.” Id. ¶ 69. This allows the pulsoximeter signal to be
`easily discriminated from environmental signals, such as sunlight and
`ambient light, and “increas[es] significantly the Signal-to-Noise and Signal-
`to-Background ratio.” Id.
` Carlson further discloses that sensor 1 can be wirelessly connected to
`“a special unit worn by [a] person or patient,” where “a signal is generated if
`[a] measured value is not within a predetermined range.” Id. ¶¶ 77–78. The
`generated signal can be “transmitted to a respective person, to a medical
`doctor, to a hospital, etc.” Id. ¶ 78. The pulsoximeter can also include a
`“GPS device which at any time gives the location of the person using the
`pulsoximetric sensor monitoring configuration.” Id.
`3. Mannheimer
`Mannheimer discloses a pulse oximetry device that “non-invasively
`measure[s] blood oxygen saturation of arterial blood in vivo.” Ex. 1008,
`1:10–13. Mannheimer’s device performs a “pulsed oximetry measurement
`[that] isolates arterial saturation levels for particular ranges of tissue layers .
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`. . by utilizing multiple spaced detectors and/or emitters.” Id. at 2:1–6.
`Figure 1A of Mannheimer is reproduced below.
`
`
`Figure 1A of Mannheimer is a schematic diagram of a first embodiment of a
`pulse oximeter having one emitter 16 and two detectors 20/24. Id. at 2:40–
`42. Emitter 16 can be a single LED or multiple LEDs collocated to simulate
`a single point source. Id. at 3:13–18. Emitter 16 is separated from detector
`20 by a first distance r1, and is separated from detector 24 by a second
`distance r2. Id. at 3:23–24. Light from emitter 16 is scattered by skin layer
`14 and deeper skin layer 12, and reaches detectors 20/24 via respective paths
`18/22. Id. at 3:18–20. Mannheimer calculates the blood oxygen
`concentration in skin layer 12 from the intensity of detected light at detectors
`20/24 at two different times and two different wavelengths. Id. at 3:35–4:63.
`In addition to the embodiment shown in Figure 1A, Mannheimer
`discloses a second embodiment of a pulse oximeter in Figure 1B, reproduced
`below.
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`Figure 1B of of Mannheimer is a schematic diagram of a second
`embodiment of a pulse oximeter having two emitters 16/17 and one detector
`24. Id. at 2:43–44, 3:37–39. As shown in Figure 1B, emitter 17 is separated
`from detector 24 by a first distance r1, and emitter 16 is separated from
`detector 24 by a second distance r2. Mannheimer discloses that “[t]hose of
`skill in the art will appreciate that the operation” of the second embodiment
`shown in Figure 1B “is similar to that described above” in reference to the
`first embodiment shown in Figure 1A. Id. at 5:58–62.
`F. Patentability of claims 5, 7–10, 13, and 15–17 over Lisogurski and
`Carlson
`Petitioner argues claims 5, 7–10, 13, and 15–17 are unpatentable as
`
`obvious over the combination of Lisogurski and Carlson. See Pet. 21–63.
`At this stage of the proceeding, for the reasons stated below, we find
`Petitioner has demonstrated a reasonable likelihood of showing the
`unpatentability of these claims over Lisogurski and Carlson.
`1. Petitioner’s proposed combination
`Petitioner proposes combining Lisogurski’s physiological monitoring
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`system shown in Figures 1 and 3, in which sensor 102/312 wirelessly
`communicates with monitor 104/314, with Carlson’s teachings regarding
`selecting an LED pulse frequency to increase signal-to-noise in a wireless
`pulse oximeter sensor. See Pet. 24–26, 32–34, 38–39, 41–44, 47–51.
`Petitioner’s proposed combination relocates some of the components of
`Lisogurski’s monitor 104/314 to sensor 102/312, as illustrated in a series of
`Petitioner-modified versions of Figure 1 of Lisogurski, which we combine
`below into a single modified version of Figure 1. See id. at 33, 47, 50.
`
`
`
`Modified Figure 1 of Lisogurski demonstrates Petitioner’s proposed
`combination, which relocates some components of monitor 104 (i.e., control
`circuitry 110, light drive circuitry 120, and front end processing circuitry
`150) to sensor 102 as illustrated in the Petitioner-modified versions of Figure
`1 provided in the Petition. Id.
`Petitioner argues Lisogurski teaches or suggests these modifications
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`by teaching “[i]n some embodiments the functionality of some of the
`components may be combined in a single component . . . [or] the
`functionality of some of the components of monitor 104 . . . may be divided
`over multiple components.” Id. at 33–34, 49 (quoting Ex. 1011, 16:2–9;
`citing Ex. 1003 ¶¶ 102, 145). Petitioner further argues that general industry
`trends suggest these modifications by teaching adding and integrating
`“features and capabilities of wearable devices to improve their operation in
`mobile monitoring systems or for sports and personal fitness applications.”
`Id. at 34, 49 (citing Ex. 1003 ¶¶ 103, 146); see also id. at 26 (citing Ex. 1003
`¶¶ 48–56).
`Petitioner identifies several industry trends that it argues teach or
`suggest its proposed modifications to Lisogurski’s sensor 102/312 and
`monitor 104/314. The first was the “development of wireless monitoring
`technologies that could be worn by the patient and used to transmit data to a
`remote physician or care provider” in order to “respond to the challenge of
`providing medical care for patients in their homes or in locations where
`there was not easy access to a physician.” Id. at 6–7 (citing Ex. 1003 ¶¶ 52–
`53; Ex. 1021, 2 (“[r]emote monitoring systems have the potential to mitigate
`problematic patient access issues”); Ex. 1024, 462 (“wireless technology
`promises benefits for medical monitoring applications by freeing patients
`from inconvenient and restrictive wires” a
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