`
`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. 10,517,484
`
`IPR Case No.: IPR2021-00453
`
`______________
`
`
`
`
`
`DECLARATION OF DUNCAN L. MACFARLANE, Ph.D., P.E.
`IN SUPPORT OF PATENT OWNER’S RESPONSE TO PETITION
`
`
`
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`Case No.: IPR2021-00453
`Patent No.: 10,517,484
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`Atty. Dkt. No.: OMSC0119IPR1
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`TABLE OF CONTENTS
`
`UPDATED LIST OF EXHIBITS ........................................................................... 4
`
`I.
`
`II.
`
`Summary of My Opinions ............................................................................ 6
`
`Qualifications and Professional Experience ................................................. 6
`
`III. Relevant Legal Standards ............................................................................. 9
`
`IV. Qualifications of one of ordinary skill in the art ..........................................10
`
`V.
`
`Summary of the ‘484 Patent ........................................................................10
`
`VI. Challenged claims of the ‘484 Patent ..........................................................14
`
`VII. Claim Construction .....................................................................................17
`
`A. District Court Claim Constructions ...................................................17
`B.
`“the system configured to increase signal-to-noise ratio by …
`increasing a pulse rate from an initial pulse rate” (all claims) ...........17
`“to identify an object” (claims 3, 8) ..................................................19
`
`C.
`
`VIII. Overview of the prior art .............................................................................20
`
`A. U.S. Patent No. 9,241,676 to Lisogurski ...........................................21
`1.
`Lisogurski’s Modulation Techniques ......................................26
`a.
`“Cardiac Cycle Modulation” .........................................27
`b.
`“Drive Cycle Modulation” ............................................30
`c.
`Varying Lisogurski’s “firing rate”.................................34
`d.
`“Conventional Servo Algorithms” ................................34
`U.S. Patent Publication No. 2005/0049468 to Carlson ......................35
`
`B.
`
`IX. Opinions .....................................................................................................37
`
`A.
`
`B.
`
`C.
`
`2.
`
`Lisogurski does not disclose a “system … configured to
`increase the signal-to-noise ratio by … increasing a pulse rate
`… from an initial pulse rate” .............................................................38
`1.
`Apple’s first Lisogurski-alone argument depends on
`CCM .......................................................................................47
`Apple’s second Lisogurski-alone argument depends on
`CCM .......................................................................................48
`Carlson does not disclose a “system … configured to increase
`the signal-to-noise ratio by … increasing a pulse rate”......................52
`Lisogurski and Carlson, taken together, do not render the
`challenged claims obvious ................................................................58
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`D. Knowing a sensor is disconnected is not identifying [or
`detecting] an object as the claims require ..........................................67
`
`X.
`
`Conclusion ..................................................................................................70
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`UPDATED LIST OF EXHIBITS
`
`No.
`
`Description
`
`2101-2119 Reserved
`
`2120
`
`2121
`
`2122
`
`2123
`
`2124
`
`2125
`
`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)
`
`Reserved
`
`Curriculum Vitae of Duncan L. MacFarlane, Ph.D., P.E.
`
`Board’s Institution Decision, IPR2019-000916, Paper 16,
`October 18, 2019 (“DI”)
`
`Board’s Final Written Decision, IPR2019-00916, Paper 39,
`October 14, 2020
`
`2126-2130 Reserved
`
`2136
`
`2132
`
`2133
`
`2134
`
`2135
`
`2136
`
`Declaration of Duncan L. MacFarlane, Ph.D., P.E. in Support
`of Patent Owner’s Response to Petition, IPR2020-00175,
`September 10, 2020
`
`Excerpt of Record of Oral Hearing held March 25, 2021,
`IPR2020-00175, Paper 25, April 14, 2021
`
`Board’s Institution Decision, IPR2020-00175, Paper 11, June
`17, 2020
`
`Definitions of IDENTIFY in The Free Dictionary
`
`Definitions of DETECT in The Free Dictionary
`
`Declaration of Duncan L. MacFarlane, Ph.D., P.E. in Support
`of Patent Owner’s Response, November 12, 2021
`
`
`
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`I, Duncan L. MacFarlane, declare as follows:
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`Atty. Dkt. No.: OMSC0119IPR1
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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. 10,517,484
`
`(“the ‘484 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 IPR2021-00453 (“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 Intern’l Co. v. Teleflex, Inc., 550
`
`U.S. 398 (2007).
`
`• 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
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`Atty. Dkt. No.: OMSC0119IPR1
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`4.
`
`Lisogurski alone does not disclose a “wearable device … configured to
`
`increase the signal-to-noise ratio by … increasing a pulse rate … from an initial
`
`pulse rate.”
`
`5.
`
`Lisogurski, modified as taught by Carlson, does not disclose a
`
`“wearable device… configured to increase the signal-to-noise ratio by … increasing
`
`a pulse rate … from an initial pulse rate.”
`
`6.
`
`Lisogurski does not disclose a “wearable device … configured to
`
`identify an object” (claims 3 and 8) nor a “wearable device … configured to detect
`
`an object” (claim 16).
`
`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
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`the Hart Center for Engineering Leadership at SMU. I am Executive Director of the
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`Hart Institute for Technology, Innovation and Entrepreneurship.
`
`9.
`
`I am also Professor Emeritus of Electrical Engineering at The Erik
`
`Jonsson School of Engineering and Computer Science at the University of Texas at
`
`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.
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`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
`
`instrumentation, including functional Near Infrared Spectroscopy.
`
`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 a 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.
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`III. Relevant Legal Standards
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`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
`
`the alleged invention was made to a person having ordinary skill in the art to which
`
`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.
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`IV. Qualifications of one of ordinary skill in the art
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`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
`
`system design and signal processing techniques. (Ex. 1003, Anthony Decl., ¶35.) 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 in the relevant timeframe (circa 2012).
`
`V.
`
`Summary of the ‘484 Patent
`
`20. The ‘484 Patent describes measurement systems for non-invasive
`
`physiological measurements on human substances including blood. (See, e.g., Ex.
`
`1001 at 10:2-7; 2:64-3:30.) The ‘484 Patent describes using spectroscopy to inspect
`
`a sample “by comparing different features, such as wavelength (or frequency),
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`spatial location, transmission, absorption, reflectivity, scattering, fluorescence,
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`refractive index, or opacity.” (Id. at 10:2-7.) 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
`
`of light. (Id. at 10:7-18.)
`
`21. Figure 24 of the ‘484 Patent illustrates an exemplary physiological
`
`measurement system 2400. Color has been added for ease of reference.
`
`
`22. The system includes wearable physiological 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 32:45-33:16.)
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`23. The ‘484 specification discloses two operating modes for the light
`
`source of the wearable device: “continuous wave or pulsed mode of operation.” (Id.
`
`at 26:28-31.)
`
`24. The ‘484 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 3:13-15
`
`“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 17:6-12). 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 26:28-31: “the
`
`LED output may more easily be modulated” and provides the option of a “pulsed
`
`mode of operation.”)
`
`25. The ‘484 Patent specification explains that the change in pulse-rate is
`
`done by the device, not a manual adjustment. The ‘484 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 26:28-31.) The specification states that
`
`“[b]y use of an active illuminator, a number of advantages may be achieved”
`
`including “higher signal-to-noise ratios.” (Id. at 16:61-65.) PCT Application Serial
`
`No. PCT/US2013/075767
`
`(Publication No. WO/2014/143276), which
`
`is
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`incorporated by reference into the ‘484 specification, describes the use of an “active
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`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
`
`16:62-64; Ex. 2120, ¶[0079].) This is consistent with U.S. Patent Application Serial
`
`No. 14/109,007 (Publication No. 2014/0236021), also incorporated by reference into
`
`the ‘484 specification, which discloses that the modulation frequency of the light
`
`source is non-zero and can range between “0.1-100kHz.” (Ex. 1001 at 1:24-26; Ex
`
`2121, ¶[0045].)
`
`26. The ‘484 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 26:28-31.)
`
`27. 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 1:24-26, emphasis added.)
`
`In other words, the ‘484 Patent makes clear to an ordinary artisan that continuous
`
`wave light is distinct from pulsed mode (modulated) light.
`
`28. 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
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`light—pulses do not exist. Because pulses do not exist in such light, no pulse rate
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`exists and the “frequency” of the non-existent pulses cannot be measured or
`
`quantified.
`
`29.
`
`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.
`
`30. The ‘484 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 16:19-20.)
`
`• “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 1:24-26.)
`
`VI. Challenged claims of the ‘484 Patent
`
`31. Apple challenges the patentability of all claims of the ‘484 Patent.
`
`32.
`
`Independent claim 1 of the ‘484 Patent is reproduced below with
`
`emphasis added to illustrate the “wearable device … increasing a pulse rate”
`
`limitation on which I focus my opinions:
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`1. A system for measuring one or more physiological parameters and
`
`for use with a smart phone or tablet, the system comprising:
`
`a wearable device adapted to be placed on a wrist or an ear of a user,
`
`including 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 light having one
`
`or more optical wavelengths;
`
`the wearable device comprising one or more lenses configured to
`
`receive a portion of at least one of the output optical lights and to
`
`direct a lens output light to tissue;
`
`the wearable device further comprising a detection system
`
`configured to receive at least a portion of the lens output light
`
`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;
`
`wherein the detection system comprises a plurality of spatially
`
`separated detectors, and wherein at least one analog to digital
`
`converter is coupled to at least one of the spatially separated
`
`detectors;
`
`wherein a detector output from the at least one of the plurality of
`
`spatially separated detectors is coupled to an amplifier having a
`
`gain configured to improve detection sensitivity;
`
`the smart phone or tablet comprising a wireless receiver, a wireless
`
`transmitter, a display, a speaker, a voice input module, one or
`
`more buttons or knobs, a microprocessor and a touch screen, the
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`smart phone or tablet configured to receive and process at least a
`
`portion of the output signal, wherein the smart phone or tablet 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 cloud 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 cloud 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 wearable device 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
`
`increase the signal-to-noise ratio by differencing the first signal and
`
`the second signal.
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`(Ex. 1001, Claim 1.)
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`VII. Claim Construction
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`Atty. Dkt. No.: OMSC0119IPR1
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`A. District Court Claim Constructions
`
`33.
`
`I understand the district court construed the claim limitations “optical
`
`light” and “a plurality of lenses.” (Ex. 1003, Anthony Decl., ¶60.) These
`
`constructions are not relevant to my rebuttal opinions.
`
`B.
`
`“the system configured to increase signal-to-noise ratio by
`… increasing a pulse rate from an initial pulse rate” (all
`claims)
`
`34. Petitioner identifies three constructions for the pulse rate limitation
`
`without committing to any of them. (Pet. at 20-21.) In the IPR2020-00175 Final
`
`Written Decision (“FWD”), the Board said the nearly identical1 pulse rate limitation
`
`needed no construction, distinguishing it from the “pulse rate” limitation in
`
`IPR2019-00916. (Ex. 2133 at 18-19.) Likewise, the pulse rate limitation in the ‘484
`
`Patent needs no construction.
`
`
`1 The only difference between the two limitations is the initial phrase of the
`
`limitations. In the ‘299 Patent (at issue in IPR2020-00175), the pulse rate limitation
`
`begins, “the system configured to,” whereas in the ‘484 Patent the limitation begins,
`
`“the wearable device configured to.” Otherwise, the limitations are identical.
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`35. The ‘484 Patent specification makes clear that the change in pulse-rate
`
`is done by the device, not a manual adjustment. The ‘484 specification discloses that
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`the LEDs may operate in a “pulsed mode of operation” during which a “pulse rate”
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`is “increased” to increase SNR. (Ex. 1001 at 26:28-31.) 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 16:61-65.) 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 ‘484 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 2:26-
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`29; Ex. 2120, ¶[0079].) This is consistent with U.S. Patent Application Serial No.
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`14/109,007 (Publication No. 2014/0236021), also incorporated by reference into the
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`‘484 specification, which discloses that the modulation frequency of the light source
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`is non-zero and can range between “0.1-100kHz.” (Ex. 1001 at 2:36-39; Ex. 2121,
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`¶[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 16:62-64; Ex. 2120, ¶[0079].)
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`Because sunlight variations and the weather are constantly changing environmental
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`conditions, it would be impractical—as a matter of common sense—to have the user
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`manually reconfigure the LED pulse rate as conditions change to achieve higher
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`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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`C.
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`“to identify an object” (claims 3, 8)
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`38. Claims 3 and 8 require “the wearable device is at least in part
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`configured to identify an object.” The district court did not construe this term and
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`the Petition does not propose a construction.
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`39. The word “identify” is a common word that means “to recognize or
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`establish as being a particular person or thing.” (Ex. 2134, p. 2, quoting Random
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`House Kernerman Webster's College Dictionary (2010).)
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`40. The ‘484 Patent specification (Ex. 1001) teaches that, to “identify an
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`object” involves recognizing a physical object as a particular thing:
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`• “Hyper-spectral images may provide spectral information to
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`identify and distinguish between spectrally similar materials,
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`providing the ability to make proper distinctions among materials
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`with only subtle signature differences.” (Ex. 1001, 7:21-24,
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`emphasis added.)
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`• “[T]he active remote sensing or hyper-spectral imaging information
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`could also be combined with two-dimensional or three-dimensional
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`images to provide a physical picture as well as a chemical
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`composition identification of the materials.” (Ex. 1001, 8:18-22,
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`emphasis added.)
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`• “[I]t may be advantageous to use pattern matching algorithms and
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`other software and mathematical methods to identify the blood
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`constituents of interest.” (Ex. 1001, 12:57-60, emphasis added.)
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`• “Various signal processing methods may be used to identify and
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`quantify the concentration of cholesterol 876 and/or glucose 877,
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`or some of the other blood constituents.” (Ex. 1001, 15:45-48,
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`emphasis added.)
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`VIII. Overview of the prior art
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`41.
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`In its Institution Decision in IPR2019-00916, the Board summarized
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`the disclosures of the prior art references Apple relies on in its petition. Below I
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`address the Board’s summary and the teachings of the two references that are most
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`relevant to my opinions.
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`A. U.S. Patent No. 9,241,676 to Lisogurski
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`42.
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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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`43. 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 measure[s] the oxygen saturation of
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`a patient’s blood.” (Id. at 3:62-64.) The pulse oximeter includes “a light sensor that
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`is 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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`44. Figure 3 of Lisogurski is reproduced below.
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`45. 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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`46. 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 … to
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`Atty. Dkt. No.: OMSC