`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`______________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`______________
`
`
`APPLE INC.,
`Petitioner,
`
`v.
`
`OMNI MEDSCI, INC.,
`Patent Owner.
`
`______________
`
`
`U.S. Patent No. 10,188,299
`
`IPR Case No.: IPR2020-00175
`
`______________
`
`
`
`
`
`DECLARATION OF DUNCAN L. MACFARLANE, Ph.D., P.E.
`IN SUPPORT OF PATENT OWNER’S RESPONSE TO PETITION
`
`
`
`
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`Case No.: IPR2020-00175
`Patent No.: 10,188,299
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`
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`
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`Atty. Dkt. No.: OMSC0117IPR1
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`TABLE OF CONTENTS
`
`List of Exhibits ...................................................................................................... 3
`
`I.
`
`II.
`
`Summary of My Opinions ............................................................................ 5
`
`Qualifications and Professional Experience ................................................. 5
`
`III. Relevant Legal Standards ............................................................................. 7
`
`IV. Qualifications of one of ordinary skill in the art ........................................... 8
`
`V.
`
`Summary of the ‘299 Patent ......................................................................... 9
`
`VI. Challenged claims of the ‘299 Patent ..........................................................14
`
`VII. Claim Construction .....................................................................................16
`
`A. District Court Claim Constructions ...................................................16
`B.
`“the system configured to increase signal-to-noise ratio by
`
`. . . increasing a pulse rate” ...............................................................16
`
`VIII. Overview of the prior art .............................................................................18
`
`A. U.S. Patent No. 9,241,676 to Lisogurski ...........................................18
`1.
`Lisogurski’s Modulation Techniques ......................................23
`a.
`“Cardiac Cycle Modulation” .........................................24
`b.
`“Drive Cycle Modulation” ............................................27
`c.
`Varying Lisogurski’s “firing rate”.................................31
`d.
`“Conventional Servo Algorithms” ................................31
`U.S. Patent Publication No. 2005/0049468 to Carlson ......................31
`
`B.
`
`IX. Opinions .....................................................................................................34
`
`A.
`
`
`B.
`
`C.
`
`Lisogurski does not disclose a “system . . . configured to
`increase the signal-to-noise ratio by . . . increasing a pulse rate
` . . . from an initial pulse rate” ...........................................................35
`Carlson does not disclose a “system . . . configured to increase
`the signal-to-noise ratio by . . . increasing a pulse rate”.....................44
`Lisogurski and Carlson, taken together, do not render the
`challenged claims obvious ................................................................50
`
`X.
`
`Conclusion ..................................................................................................59
`
`
`
`
`
`
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`Case No.: IPR2020-00175
`Patent No.: 10,188,299
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`
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`List of Exhibits
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`Atty. Dkt. No.: OMSC0117IPR1
`
`Description
`
`2104
`
`2105
`
`2121
`
`2122
`2123
`2124
`
`2125
`
`No.
`2101-2103 Reserved
`U.S. Patent No. 9,651,533 to Islam, issued May 16, 2017,
`(“the ‘533 Parent Patent”)
`U.S. Patent No. 9,757,040 to Islam, issued September 12,
`2017, (“the ‘040 Related Patent”)
`2106-2119 Reserved
`2120
`PCT Application Serial No. PCT/US2013/075767
`(Publication No. WO/2014/143276)
`U.S. Patent Application Serial No. 14/109,007 (Publication
`No. 2014/0236021)
`Declaration of Duncan L. MacFarlane, Ph.D., P.E.
`Curriculum Vitae of Duncan L. MacFarlane, Ph.D., P.E.
`Board’s Institution Decision, IPR2019-000916, Paper 16,
`October 18, 2019 (“916 DI”)
`Omni MedSci Patent Owner Preliminary Response,
`IPR2019-00916, Paper 23, January 31, 2020
`Apple Exhibit P, Omni MedSci, Inc., v. Apple Inc., EDTX
`Case No. 2:18cv134 (“Lisogurski Claim Charts”)
`Apple Exhibit N, Omni MedSci, Inc., v. Apple Inc., EDTX
`Case No. 2:18cv134 (“Carlson Claim Charts”)
`Apple Amended Answer, Affirmative Defenses, and
`Counterclaims, Omni MedSci, Inc., v. Apple Inc., EDTX
`Case No. 2:18cv134 (Dkt. 38, July 19, 2018)
`Apple Exhibit Y, Omni MedSci, Inc., v. Apple Inc., EDTX
`Case No. 2:18cv134 (“Park Claim Charts”)
`Best Practices and FAQs for Filing Requests for
`Reexamination Compliant with 37 CFR 1.510 and 1.915,
`PTAB, May 2010
`Declaration of Duncan L. MacFarlane, Ph.D., P.E. in Support
`of Patent Owner’s Response to Petition
`
`2126
`
`2127
`
`2128
`
`2129
`
`2130
`
`2131
`
`
`
`
`
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`Case No.: IPR2020-00175
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`I, Duncan L. MacFarlane, declare as follows:
`
`Atty. Dkt. No.: OMSC0117IPR1
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`1.
`
`I am making this declaration at the request of Patent Owner, Omni
`
`MedSci, Inc., in the matter of Inter Partes Review of U.S. Patent No. 10,188,299
`
`(“the ‘299 Patent”) to Omni MedSci, Inc.
`
`2.
`
`I am being compensated for my work in this matter at a rate of
`
`$425/hour. My compensation in no way depends on the outcome of this proceeding.
`
`3.
`
`In preparation of this declaration, I have reviewed:
`
`• Apple’s petition for inter partes review, the challenged patents
`
`and claims, the prior art cited in Apple’s petition, Dr. Anthony’s
`
`declaration supporting Apple’s petition, the Board’s Institution
`
`Decision in IPR2019-000916 (“916 DI”)), the other documents
`
`cited in these documents, and other documents cited in my
`
`analysis below.
`
`• The relevant legal standards, including the standard for
`
`obviousness provided in KSR International Co. v. Teleflex, Inc.,
`
`550 U.S. 398 (2007);
`
`• The Board’s Institution Decision (“DI”) in this IPR; and
`
`• My knowledge and experience based upon my work and study in
`
`this area as described below.
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`I.
`
`Summary of My Opinions
`
`Atty. Dkt. No.: OMSC0117IPR1
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`4.
`
`The Board correctly determined in the DI that Lisogurski does not
`
`disclose a “system . . . configured to increase the signal-to-noise ratio by . . .
`
`increasing a pulse rate . . . from an initial pulse rate.”
`
`5.
`
`Carlson does not disclose a “system . . . configured to increase the
`
`signal-to-noise ratio by . . . increasing a pulse rate . . . from an initial pulse rate.”
`
`6.
`
`Lisogurski and Carlson, when taken together, neither disclose nor
`
`render obvious the challenged claims of the ‘299 patent.
`
`II. Qualifications and Professional Experience
`
`7.
`
`I have provided my full background in my curriculum vitae. (Ex.
`
`2123.) The following provides an overview of some of my experience that is
`
`relevant to the matters set forth in this declaration.
`
`8.
`
`I am a Professor in the Department of Electrical and Computer
`
`Engineering at The Bobby B. Lyle School of Engineering at Southern Methodist
`
`University (SMU) in Dallas, Texas. At SMU, I am the Associate Dean for
`
`Engineering Entrepreneurship and the Bobby B. Lyle Centennial Chair in
`
`Engineering Entrepreneurship. I previously served as Acting Executive Director of
`
`the Hart Center for Engineering Leadership at SMU. I am Executive Director of the
`
`Hart Institute for Technology, Innovation and Entrepreneurship.
`
`9.
`
`I am also Professor Emeritus of Electrical Engineering at The Erik
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`Jonsson School of Engineering and Computer Science at the University of Texas at
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`Atty. Dkt. No.: OMSC0117IPR1
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`Dallas. At UT Dallas, I was an Assistant Professor of Electrical Engineering from
`
`1989 to 1994, an Associate Professor of Electrical Engineering from 1994 to 2001,
`
`and a Professor of Electrical Engineering from 2001 to 2015.
`
`10. The university research laboratory I established at UT Dallas and now
`
`direct at SMU is called the Photonic Devices and Systems Laboratory (PDSL). Over
`
`the last decade I have been principal investigator (PI) or co-PI on grants and
`
`contracts totaling $5.4 Million of competitive research funding from the Defense
`
`Advanced Research Projects Agency (DARPA), National Institutes of Health (NIH),
`
`National Science Foundation (NSF), Office of Naval Research (ONR), National
`
`Reconnaissance Office (NRO), among others, to explore photonic devices and
`
`systems for communications and
`
`information processing, high bandwidth
`
`communications, and instrumentation.
`
`11.
`
`I earned an Sc.B. degree from Brown University in 1984, an Sc.M.
`
`degree from Brown University in 1985, and a Ph.D. degree from Portland State
`
`University 1989, all in Electrical Engineering. I earned an M.B.A. from Southern
`
`Methodist University in 1998.
`
`12.
`
`I have published 188 technical papers in journals and technical
`
`conferences and am an inventor of 17 issued patents covering various technologies,
`
`including high speed fiber optics, optical communications, displays, and optical
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`instrumentation, including functional Near Infrared Spectroscopy.
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`Atty. Dkt. No.: OMSC0117IPR1
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`13.
`
`I am a Fellow of the Optical Society of America (OSA), and a senior
`
`member of the Institute of Electrical and Electronics Engineers (IEEE) Photonics
`
`Society. Through the course of my research activities in industry and academia, I
`
`have had extensive experience with photonic components, devices and systems,
`
`including microlenses, filters, displays, fiber optics, communications systems,
`
`optical metrology and optical instrumentation. For example, I have published papers
`
`on, and am a named inventor of a patent covering improvements to functional near
`
`infrared spectroscopy (fNIRS). fNIRS is an optical instrument that measures
`
`physiologic changes. In an fNIRS instrument, infrared light is transmitted through a
`
`subject’s skull to spectroscopically measure the level of oxygenation of the blood
`
`supply to the cortex, and thus the physiologic measurement provides an indication
`
`of the level of neuronal activity in that region of the cortex of the brain.
`
`14.
`
`I am not an attorney and offer no legal opinions, but in the course of
`
`my work, I have had experience studying and analyzing patents and patent claims
`
`from the perspective of a person skilled in the art.
`
`III. Relevant Legal Standards
`
`15.
`
`It is my understanding that a claimed invention is unpatentable as
`
`obvious under 35 U.S.C. § 103 if the differences between the invention and the prior
`
`art are such that the subject matter as a whole would have been obvious at the time
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`the alleged invention was made to a person having ordinary skill in the art to which
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`Atty. Dkt. No.: OMSC0117IPR1
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`the subject matter pertains. I also understand that an obviousness analysis takes into
`
`account factual inquiries including the level of ordinary skill in the art, the scope and
`
`content of the prior art, and the differences between the prior art and the claimed
`
`subject matter.
`
`16.
`
`It is my understanding that the Supreme Court has recognized several
`
`rationales for combining references or modifying a reference to show obviousness
`
`of the claimed subject matter. Some of these rationales include the following:
`
`combining prior art elements according to known methods to yield predictable
`
`results; simple substitution of one known element for another to obtain predictable
`
`results; a predictable use of prior art elements according to their established
`
`functions; applying a known technique to a known device to yield predictable
`
`results; choosing from a finite number of identified, predictable solutions, with a
`
`reasonable expectation of success; and some teaching, suggestion, or motivation in
`
`the prior art that would have led one of ordinary skill to modify the prior art reference
`
`or to combine prior art reference teachings to arrive at the claimed invention.
`
`IV. Qualifications of one of ordinary skill in the art
`
`17. Dr. Anthony asserts that a person of ordinary skill in the art at the
`
`relevant timeframe would have been a person with a good working knowledge of
`
`optical sensing techniques and their applications, and some familiarity with optical
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`system design and signal processing techniques. (Ex. 1003, Anthony Decl., ¶37.)
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`Atty. Dkt. No.: OMSC0117IPR1
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`He asserts that knowledge would have been gained via an undergraduate education
`
`in engineering (electrical, mechanical, biomedical or optical) or a related field of
`
`study, along with relevant experience in studying or developing physiological
`
`monitoring devices (e.g., non-invasive optical biosensors) in industry or academia.
`
`(Id.) He also asserts that this description is approximate; varying combinations of
`
`education and practical experience also would be sufficient. (Id.)
`
`18. For the purposes of this proceeding, I accept and apply Dr. Anthony’s
`
`opinion on the level of ordinary skill in the art.
`
`19.
`
`I have considered the prior art from the perspective of a hypothetical
`
`person of ordinary skill in the art at the relevant timeframe.
`
`V.
`
`Summary of the ‘299 Patent
`
`20. The ‘299 Patent describes measurement systems for non-invasive
`
`physiological measurements on human substances including blood. (See, e.g., Ex.
`
`1001 at 9:47-52; 5:16-49.) The ’299 Patent describes using spectroscopy to inspect
`
`a sample “by comparing different features, such as wavelength (or frequency),
`
`spatial location, transmission, absorption, reflectivity, scattering, fluorescence,
`
`refractive index, or opacity.” (Id. at 9:49-52.) This may entail measuring various
`
`optical characteristics of the sample as a function of the wavelength of the source
`
`light by varying the wavelength of the source light or by using a broadband source
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`of light. (Id. at 9:52-64.)
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`21. Figure 24 of the ‘299 patent illustrates an exemplary physiological
`
`measurement system 2400. Color has been added for ease of reference.
`
`
`
`22. The system includes wearable measurement device 2401, 2402, and
`
`2403 (shown in blue), personal device 2405 (shown in red), and cloud-based server
`
`2407 (shown in yellow). (Id. at 30:16-54.) The “wearable measurement device [is]
`
`for measuring one or more physiological parameters.” (Id. at 6:48-50.)
`
`23. Wearable measurement device 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 6:50-55; 20:2-5.) The ‘299 specification discloses two
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`operating modes for the LEDs: “continuous wave or pulsed mode of operation.” (Id.
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`Atty. Dkt. No.: OMSC0117IPR1
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`at 22:42-45.)
`
`24. The ‘299 Patent describes various techniques for improving the signal-
`
`to-noise ratio (“SNR”) of the measurement. For example, the SNR may be improved
`
`by increasing the light intensity from the light source (see, e.g., Ex. 1001 at 5:32-34
`
`“More light intensity can help to increase the signal levels, and, hence, the signal-
`
`to-noise ratio.”) or by capturing light with the LEDs on and off, and then differencing
`
`the results (see, e.g., Ex. 1001 at 29:12-18). And in the “pulsed mode of operation,”
`
`if the device determines that the signal-to-noise ratio is unsatisfactory, it can increase
`
`the pulse rate to improve the signal-to-noise ratio. (See, e.g., id. at 3:11-16 “The
`
`wearable device is configured to increase the signal-to-noise ratio by . . . increasing
`
`a pulse rate from an initial pulse rate from an initial pulse rate of at least one of the
`
`plurality of semiconductor sources”; and 22:43-45: “the LED output may more
`
`easily be modulated” and provides the option of a “pulsed mode of operation.”)
`
`25. The ‘299 Patent specification explains that the change in pulse-rate is
`
`done by the device, not a manual adjustment. The ‘299 specification discloses that
`
`the LEDs may operate in a “pulsed mode of operation” during which a “pulse rate”
`
`is “increased” to increase SNR. (Ex. 1001 at 3:11-16; 22:43-45.) The specification
`
`states, “The wearable device is configured to increase the signal-to-noise ratio by
`
`increasing a pulse rate from an initial pulse rate of at least one of the plurality of
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`semiconductor sources.” (Id. at 3:11-16, emphasis added.) The specification states
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`that “[b]y use of an active illuminator, a number of advantages may be achieved”
`
`including “higher signal-to-noise ratios.” (Id. at 29:3-4.) PCT Application Serial
`
`No. PCT/US2013/075767
`
`(Publication No. WO/2014/143276), which
`
`is
`
`incorporated by reference into the ‘299 specification, describes the use of an “active
`
`illuminator” to achieve “higher signal-to-noise ratios” despite “variations due to
`
`sunlight” and the “effects of the weather, such as clouds and rain.” (Ex. 1001 at
`
`1:32-36; Ex. 2120 at 26-27, ¶[0079].) This is consistent with U.S. Patent Application
`
`Serial No. 14/109,007 (Publication No. 2014/0236021), also incorporated by
`
`reference into the ‘299 specification, which discloses that the modulation frequency
`
`of the light source is non-zero and can range between “0.1-100kHz.” (Ex. 1001 at
`
`1:39-41; Ex 2121 at 29, ¶[0045].)
`
`26. The ‘299 patent distinguishes pulsed light sources (modulated light)
`
`from continuous wave light sources: “the LED provides the option of continuous
`
`wave or pulsed mode of operation.” (Ex. 1001 at 22:43-45.) Likewise, “[i]n one
`
`embodiment, continuous-wave systems emit light at approximately constant
`
`intensity or modulated at low frequencies, such as 0.1-100 kHz.” (Ex. 2121, ¶[0045]
`
`inc’d. by ref. at Ex. 1001 at 1:40-42, emphasis added.) In other words, the ‘299
`
`patent makes clear to an ordinary artisan that continuous wave light is distinct from
`
`pulsed mode (modulated) light.
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`27. Starting with continuous wave light and then choosing to switch to
`
`puled light is not increasing a pulse rate from an initial pulse rate because continuous
`
`wave light has no pulses and therefore there is no initial pule rate from which to
`
`increase. In continuous wave light there is just a continuous uninterrupted beam of
`
`light—pulses do not exist. Because pulses do not exist in such light, no pulse rate
`
`exists and the “frequency” of the non-existent pulses cannot be measured or
`
`quantified. It, therefore, would be incorrect to say that changing from continuous
`
`wave light to pulsed light “increases” a pulse rate—it merely changes from light
`
`without pulses to light with pulses.
`
`28. The ‘299 patent confirms these facts because it teaches that the lower
`
`end of the pulse rate is non-zero:
`
`• “a pulse repetition rate between one kilohertz to about 100 MHz or
`
`more.” (Ex. 1001 at 24:33-34.)
`
`• “In one embodiment, continuous-wave systems emit light at
`
`approximately constant intensity or modulated at low frequencies,
`
`such as 0.1-100 kHz.” (Ex. 2121, ¶[0045] inc’d. by ref. at Ex. 1001
`
`at 1:40-42.)
`
`29. The wearable measurement device also includes a lens that receives a
`
`portion of the output optical beams and deliver them to a sample. (Id. at 6:55-59.)
`
`30. The wearable measurement device also includes a detection system that
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`processes that signal to increase the SNR. (Id. at 6:59-63.)
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`VI. Challenged claims of the ‘299 Patent
`
`31. Apple challenges the patentability of claims 7 and 10-14 of the ‘299
`
`patent.
`
`32.
`
`Independent claim 7 of the ‘299 patent is reproduced below with
`
`emphasis added to illustrate the “system . . . increasing a pulse rate” limitation on
`
`which I focus my opinions:
`
`7. A system for measuring one or more physiological parameters
`
`comprising:
`
`a light source comprising a plurality of semiconductor sources that
`
`are light emitting diodes, each of the light emitting diodes
`
`configured to generate an output optical beam having 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;
`
`a lens configured to receive a portion of at least one of the output
`
`optical beams and to deliver a lens output beam to tissue;
`
`a detection system configured to receive at least a portion of the lens
`
`output beam reflected from the tissue and to generate an output
`
`signal having a signal-to-noise ratio, wherein the detection
`
`system 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
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`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;
`
`a remote device configured to receive over the wireless transmission
`
`link an output status comprising the at least a portion of the
`
`processed output signal, to process the received output status to
`
`generate processed data, and to store the processed data;
`
`wherein the output signal is indicative of one or more of the
`
`physiological parameters, and the remote device is configured to
`
`store a history of at least a portion of the one or more
`
`physiological parameters over a specified period of time;
`
`the system configured to increase the signal-to-noise ratio by
`
`increasing light intensity of at least one of the plurality of
`
`semiconductor sources from an initial light intensity and by
`
`increasing a pulse rate of at least one of the plurality of
`
`semiconductor sources from an initial pulse rate; and
`
`the detection system further configured to:
`
`generate a first signal responsive to light while the light emitting
`
`diodes are off,
`
`generate a second signal responsive to light received while at least
`
`one of the light emitting diodes is on, and
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`increase the signal-to-noise ratio by differencing the first signal and
`
`the second signal.
`
`(Ex. 1001 at 33:29-34:11.)
`
`VII. Claim Construction
`
`A. District Court Claim Constructions
`
`33.
`
`I understand the district court construed the claim limitations “beam”
`
`and “a plurality of lenses.” (Ex. 1003, Anthony Decl., ¶61.) These constructions
`
`are not relevant to my rebuttal opinions.
`
`B.
`
`“the system configured to increase signal-to-noise ratio by
`. . . increasing a pulse rate”
`
`34.
`
`I understand that neither Petitioner nor its expert proposed a
`
`construction for the claim limitation “the system configured to increase signal-to-
`
`noise ratio by . . . increasing a pulse rate . . . from an initial pulse rate” in the lawsuit.
`
`In the DI, the Board stated, “construction of this term is not required in order to
`
`determine whether Petitioner has demonstrated a reasonable likelihood of showing
`
`the unpatentability of claims 7 and 10–14.” (Paper No. 11 at 19
`
`35. The ‘299 Patent specification makes clear that the change in pulse-rate
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`is done by the device, not a manual adjustment. The ‘299 specification discloses
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`that the LEDs may operate in a “pulsed mode of operation” during which a “pulse
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`rate” is “increased” to increase SNR. (Ex. 1001 at 3:11-16; 22:42-45.) The
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`specification states, “The wearable device is configured to increase signal-to-noise
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`ratio by . . . increasing a pulse rate from an initial pulse rate of at least one of the
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`plurality of semiconductor sources.” (Id. at 3:11-16.) The specification states that
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`“[b]y use of an active illuminator, a number of advantages may be achieved”
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`including “higher signal-to-noise ratios.” (Id. at 18:5-9.) PCT Application Serial
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`No. PCT/US2013/075767
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`(Publication No. WO/2014/143276), which
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`is
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`incorporated by reference into the ‘299 specification, describes the use of an “active
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`illuminator” to achieve “higher signal-to-noise ratios” despite “variations due to
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`sunlight” and the “effects of the weather, such as clouds and rain.” (Ex. 1001 at
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`1:32-36; Ex. 2120 at 26-27, ¶[0079].) This is consistent with U.S. Patent Application
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`Serial No. 14/109,007 (Publication No. 2014/0236021), also incorporated by
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`reference into the ‘299 specification, which discloses that the modulation frequency
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`of the light source is non-zero and can range between “0.1-100kHz.” (Ex. 1001 at
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`1:39-41; Ex. 2121 at 29, ¶[0045].)
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`36.
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`In addition, the specification explains that the “active illuminator” is
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`used to achieve higher SNR despite “variations due to sunlight” and the “effects of
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`the weather, such as clouds and rain.” (Ex. 1001 at 1:32-36; Ex. 2120 at 26-27,
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`¶[0079].) Because sunlight variations and the weather are constantly changing
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`environmental conditions, it would be impractical—as a matter of common sense—
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`to have the user manually reconfigure the LED pulse rate as conditions change to
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`achieve higher SNR as recited in the claims and as described in the specification.
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`37. Based on my analysis, above, I believe that the “pulse rate” limitation
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`in the challenged claims needs no construction because its meaning is not ambiguous
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`and needs no clarification.
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`VIII. Overview of the prior art
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`38.
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`In its institution decision, the Board summarized the disclosures of the
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`prior art references Apple relies on in its petition. Below I address the Board’s
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`summary and the teachings of the two references that are most relevant to my
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`opinions.
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`A. U.S. Patent No. 9,241,676 to Lisogurski
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`39.
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` Lisogurski is titled “Methods and Systems for Power Optimization in
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`a Medical Device.” Lisogurski was filed on May 31, 2012 and issued on January 26,
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`2016.
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`40. Lisogurski discloses a “physiological monitoring system [that]
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`monitor[s] one or more physiological parameters of a patient . . . using one or more
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`physiological sensors.” (Ex. 1011 at 3:44-46.) The physiological sensors may
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`include a “pulse oximeter [that] non-invasively measures the oxygen saturation of a
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`patient’s blood.” (Id. at 3:62-64.) The pulse oximeter includes “a light sensor that is
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`placed at a site on a patient, typically a fingertip, toe, forehead, or earlobe.” (Id. at
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`4:6-7.) The light sensor “pass[es] light through blood perfused tissue and
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`photoelectrically sense[s] the absorption of the light in the tissue.” (Id. at 4:8-11.)
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`The light sensor emits “one or more wavelengths [of light] that are attenuated by the
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`blood in an amount representative of the blood constituent concentration,” and may
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`include red and infrared (IR) wavelengths of light. (Id. at 4:42-48.)
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`41. Figure 3 of Lisogurski is reproduced below.
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`42. Figure 3 of Lisogurski is “a perspective view of a physiological
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`monitoring system.” (Id. at 2:23-25.) The system includes sensor 312, monitor 314,
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`and multi-parameter physiological monitor 326. (Id. at 17:35-36; 18:44-45.) Sensor
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`312 includes “one or more light source[s] 316 for emitting light at one or more
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`wavelengths,” and detector 318 for “detecting the light that is reflected by or has
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`traveled through the subject’s tissue.” (Id. at 17:37-42.) Sensor 312 may have “[a]ny
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`suitable configuration of light source 316 and detector 318,” and “may include
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`multiple light sources and detectors [that] may be spaced apart.” (Id. at 17:42-45.)
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`Light source 316 may include “LEDs of multiple wavelengths, for example a red
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`LED and an IR [LED].” (Id. at 19:25-27.) Sensor 312 may be “wirelessly connected
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`to monitor 314.” (Id. at 17:57-59.)
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`43. 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
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`such as sensor unit 312.” (Id. at 17:59-62.) Monitor 314 includes “display 320 . . .
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`to display the physiological parameters,” and “speaker 322 to provide an audible . . .
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`alarm in the event that a subject’s physiological parameters are not within a
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`predefined normal range.” (Id. at 18:3-10.) Monitor 314 is “communicatively
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`coupled to multi-parameter physiological monitor 326” (“MPPM 326”) and “may
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`communicate wirelessly” with MPPM 326. (Id. at 18:58-61.) Monitor 314 may also
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`be “coupled to a network to enable the sharing of information with servers or other
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`workstations.” (Id. at 18:62-65.)
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`44. Multi-parameter physiological monitor 326 may also “calculate
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`physiological parameters and . . . provide a display 328 for information from monitor
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`314.” (Id. at 18:49-52.) MPPM 326 may also be “coupled to a network to enable the
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`sharing of information with servers or other workstations.” (Id. at 18:62-65.) The
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`remote network servers may also “be used to determine physiological parameters,”
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`and may display the parameters on a remote display, display 320 of monitor 314, or
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`display 328 of MPPM 326. (Id. at 20:53-58.) The remote servers may also “publish
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`the data to a server or website,” or otherwise “make them available to a user.” (Id.
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`at 20:58-60.)
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`45. Figure 1 of Lisogurski is reproduced below.
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`46. Figure 1 of Lisogurski is a “block diagram of an illustrative
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`
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`physiological monitoring system.” (Id. at 2:11-13.) The system includes “sensor 102
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`and monitor 104 for generating and processing physiological signals of a subject.”
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`(Id. at 10:44-46.) Sensor 102 includes “light source 130 and detector 140.” (Id. at
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`10:48-49.) Light source 130 includes “a Red light emitting source and an IR light
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`emitting source,” such as Red and IR emitting LEDs, with the IR LED emitting light
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`with a “wavelength between about 800 nm and 1000 nm.