IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Albert et al.
`In re Patent of:
`U.S. Patent No.:
`10,342,444 Attorney Docket No.: 50095-0087IP1
`July 9, 2019
`Issue Date:
`Appl. Serial No.: 15/923,699
`Filing Date:
`March 16, 2018
`Title:
`MOBILE ECG SENSOR APPARATUS
`
`DECLARATION OF DR. RICHARD FLETCHER
`
`1
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`APPLE 1003
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`

`

`Table of Contents
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`
`
`ASSIGNMENT .................................................................................................................. 5
`
`QUALIFICATIONS ......................................................................................................... 5
`
`SUMMARY OF CONCLUSIONS FORMED ............................................................... 8
`
`BACKGROUND KNOWLEDGE ONE OF SKILL IN THE ART WOULD HAVE
`
`HAD PRIOR TO THE PRIORITY DATE OF THE ’444 PATENT ........................... 9
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`
`
`LEGAL PRINCIPLES ................................................................................................... 11
`
`A.
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`B.
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`C.
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`CLAIM CONSTRUCTION.................................................................................................... 11
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`PRIORITY ........................................................................................................................ 12
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`ANTICIPATION ................................................................................................................. 12
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`D. OBVIOUSNESS ................................................................................................................. 12
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` MATERIALS CONSIDERED ....................................................................................... 14
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` TECHNOLOGY OVERVIEW ...................................................................................... 16
`
` OVERVIEW OF THE ’444 PATENT .......................................................................... 19
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` OVERVIEW OF THE PROSECUTION HISTORY .................................................. 20
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`
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`SUMMARY OF THE PRIOR ART .............................................................................. 20
`
`A.
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`B.
`
`C.
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`LIBBUS ............................................................................................................................ 21
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`FAARBAEK ...................................................................................................................... 25
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`BATKIN ........................................................................................................................... 28
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`D. VYSHEDSKIY ................................................................................................................... 29
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`2
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`

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`E.
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`HEADSET PROFILE .......................................................................................................... 35
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` ANALYSIS OF LIBBUS IN VIEW OF FAARBAEK................................................. 35
`
`A.
`
`B.
`
`C.
`
`D.
`
`E.
`
`F.
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`G.
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`H.
`
`I.
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`J.
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`K.
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`L.
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`THE COMBINATION OF LIBBUS AND FAARBAEK .............................................................. 35
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`CLAIM 1 .......................................................................................................................... 42
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`CLAIM 2 .......................................................................................................................... 53
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`CLAIM 3 .......................................................................................................................... 56
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`CLAIM 4 .......................................................................................................................... 61
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`CLAIM 6 .......................................................................................................................... 62
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`CLAIM 8 .......................................................................................................................... 62
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`CLAIM 9 .......................................................................................................................... 66
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`CLAIM 10 ........................................................................................................................ 67
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`CLAIM 11 ........................................................................................................................ 67
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`CLAIM 12 ........................................................................................................................ 68
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`CLAIM 14 ........................................................................................................................ 74
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` ANALYSIS OF LIBBUS IN VIEW OF BATKIN ....................................................... 75
`
`A.
`
`B.
`
`C.
`
`THE COMBINATION OF LIBBUS AND BATKIN ................................................................... 75
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`CLAIM 12 ........................................................................................................................ 80
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`CLAIM 14 ........................................................................................................................ 83
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` ANALYSIS OF LIBBUS IN VIEW OF FAARBAEK AND VYSHEDSKIY ........... 83
`
`A.
`
`B.
`
`C.
`
`THE COMBINATION OF LIBBUS, FAARBAEK, AND VYSHEDSKIY ...................................... 84
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`CLAIM 5 .......................................................................................................................... 86
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`CLAIM 13 ........................................................................................................................ 87
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`3
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`

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` ANALYSIS OF LIBBUS IN VIEW OF BATKIN AND VYSHEDSKIY .................. 87
`
`A.
`
`B.
`
`THE COMBINATION OF LIBBUS, BATKIN, AND VYSHEDSKIY ........................................... 87
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`CLAIM 13 ........................................................................................................................ 88
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` ANALYSIS OF LIBBUS IN VIEW OF FAARBAEK AND THE HEADSET
`
`PROFILE ......................................................................................................................... 89
`
`A.
`
`B.
`
`C.
`
`THE COMBINATION OF LIBBUS, FAARBAEK, AND THE HEADSET PROFILE ....................... 89
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`CLAIM 7 .......................................................................................................................... 90
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`CLAIM 15 ........................................................................................................................ 91
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` CONCLUSION ............................................................................................................... 92
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`4
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`

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`I, Dr. Richard Fletcher, declare that:
`
`
`ASSIGNMENT
`I have been retained on behalf of Apple Inc. (“Apple” or “Petitioner”) to
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`1.
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`offer technical opinions related to U.S. Patent No. 10,342,444 (the “’444
`
`patent”) (APPLE-1001). I understand that Apple is requesting that the Patent
`
`Trial and Appeal Board (“PTAB” or “Board”) to institute an inter partes
`
`review (“IPR”) proceeding of the ’444 patent.
`
`2.
`
`I have been asked to provide my independent analysis of the ’444 patent in
`
`light of the prior art publications cited in this declaration.
`
`3.
`
`I am not and never have been an employee of Apple. I received no
`
`compensation for this declaration beyond my normal hourly compensation
`
`based on my time actually spent analyzing the ’444 patent, the prior art
`
`publications cited below, and issues related thereto, and I will not receive
`
`any added compensation based on the outcome of any IPR or other
`
`proceeding involving the ’444 patent.
`
` QUALIFICATIONS
`I am over the age of 18 and am competent to write this declaration. I have
`
`4.
`
`personal knowledge, or have developed knowledge of these technologies
`
`based upon education, training, or experience, of the matters set forth herein.
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`5
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`

`

`5. My qualifications for forming the opinions in this report are summarized
`
`here and explained in more detail in my curriculum vitae, which I
`
`understand is provided as an Exhibit to this declaration.
`
`6.
`
`I am currently a Research Scientist at Massachusetts Institute of Technology
`
`(MIT), assistant professor at University of Massachusetts Medical School, as
`
`well as research faculty at Massachusetts General Hospital, and Instructor at
`
`Harvard Medical School.
`
`7.
`
`I have earned separate degrees in Electrical Engineering and Physics from
`
`MIT, as well as Masters and PhD from MIT in Information Technology,
`
`which a specialty in Physics.
`
`8.
`
`I have been working as a research scientist at MIT since 2007, and since
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`2015, I lead a research group that focuses on the development of mobile
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`technologies for health diagnostics. This includes wearable devices, mobile
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`phone applications, and machine learning algorithms. I have designed and
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`built biomedical technologies that have been patented, licensed, and
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`employed by companies such as Abbott Medical (through Cardio-Mems),
`
`and Empatica (a MIT start-up).
`
`9.
`
`Since starting my research group in 2015, I have supervised approximately
`
`25 graduate student theses and supervised over 250 undergraduate student
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`6
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`

`

`research projects, in the areas of electrical engineering and computer
`
`science.
`
`10.
`
`I have experience designing and developing electrocardiogram (ECG)
`
`devices through my academic research at MIT as well as through my
`
`consulting work (Ashametrics.com). I have also designed and built ECG
`
`sensors for animal studies at MIT with Professor Ann Gaybiel for non-
`
`human primates. I have also been a co-instructor for a health course that
`
`covers medical device design.
`
`11.
`
`I am a member of the Institute of Electrical and Electronics Engineers, have
`
`been granted two patents, and have published over 50 papers related to
`
`biomedical devices, wearable sensor design, and signal processing with
`
`application to diagnosis and monitoring of disease or mental health states.
`
`Some relevant publications that include mobile heart monitoring hardware
`
`are listed below:
`
` Ouyang, V., Ma, B., Pignatelli, N., Sengupta, S., Sengupta, P., Mungulmare,
`
`K., Fletcher, R.R., “The Use of Multi-Site Photoplethysmography (PPG) as
`
`a Screening Tool for Coronary Arterial Disease and Atherosclerosis,”
`
`Physiological Measurement, 2020.
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`7
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`

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` Elgendi, M., Fletcher, R., Liang, Y., Howard, N., Lovell, N.H., Abbott, D.,
`
`Lim, K. and Ward, R., “The Use of Photoplethysmography for Assessing
`
`Hypertension,” Nature Digital Medicine, 2(1), pp.1-11, 2019.
`
` Fletcher, R., Amemori, K., Goodwin, M., Graybiel, A.M., “Wearable
`
`Wireless Sensor Platform for Studying Autonomic Activity and Social
`
`Behavior in non-Human Primates,” Proceedings of Engineering in Medicine
`
`and Biology Conference, San Diego, 2012.
`
` Fletcher, R., Kulkarni, S., “Clip-on Wireless Wearable Microwave Sensor
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`for Ambulatory Cardiac Monitoring,” Proceedings of IEEE Engineering in
`
`Biomedicine Conference, 2010.
`
` SUMMARY OF CONCLUSIONS FORMED
`12. This Declaration explains the conclusions that I have formed based on my
`
`analysis. To summarize those conclusions:
`
` Ground 1: Based upon my knowledge and experience and my review
`
`of the prior art publications in this declaration, I believe that claims 1-
`
`4, 6, 8-12, and 14 of the ’444 patent are rendered obvious by Libbus
`
`in view of Faarbaek.
`
` Ground 2: Based upon my knowledge and experience and my review
`
`of the prior art publications in this declaration, I believe that claims 12
`
`and 14 of the ’444 patent are rendered obvious by Libbus in view of
`
`8
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`

`

`Batkin.
`
` Ground 3: Based upon my knowledge and experience and my review
`
`of the prior art publications in this declaration, I believe that claims 5
`
`and 13 of the ’444 patent are rendered obvious by Libbus in view of
`
`Faarbaek and Vyshedskiy.
`
` Ground 4: Based upon my knowledge and experience and my review
`
`of the prior art publications in this declaration, I believe that claim 13
`
`of the ’444 patent is rendered obvious by Libbus in view of Batkin
`
`and Vyshedskiy.
`
` Ground 5: Based upon my knowledge and experience and my review
`
`of the prior art publications in this declaration, I believe that claims 7
`
`and 15 of the ’444 patent are rendered obvious by Libbus in view of
`
`Faarbaek and Headset Profile Bluetooth Communication Standard.
`
` BACKGROUND KNOWLEDGE ONE OF SKILL IN THE ART
`WOULD HAVE HAD PRIOR TO THE PRIORITY DATE OF THE ’444
`PATENT
`13.
`I have been informed that a person of ordinary skill in the art is a
`
`hypothetical person who is presumed to have the skill and experience of an
`
`ordinary worker in the field at the time of the alleged invention. Based on
`
`my knowledge and experience in the field and my review of the ’444 patent
`
`and file history, I believe that a person of ordinary skill in the art in this
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`9
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`matter would have had either (1) at least a bachelor of science in electrical
`
`engineering, mechanical engineering, or biomedical engineering, or a related
`
`discipline, with at least two years of relevant multidisciplinary work
`
`experience designing wearable devices and/or sensors for measuring
`
`physiological signals or parameters of mammals, or (2) a medical degree and
`
`at least five years of relevant work experience designing wearable devices
`
`and/or sensors for measuring physiological signals or parameters of
`
`mammals. A greater amount of education, i.e., a doctorate in electrical
`
`engineering, mechanical engineering, biomedical engineering, or a related
`
`discipline with a focus on designing wearable devices and/or sensors for
`
`measuring physiological signals or parameters of mammals would also
`
`qualify for the hypothetical person of ordinary skill in the art in lieu of fewer
`
`years of multidisciplinary work experience. Additional education or industry
`
`experience may compensate for a deficit in one of the other aspects of the
`
`requirements stated above.
`
`14. My analysis and conclusions set forth in this declaration are based on the
`
`perspective of a person of ordinary skill in the art having this level of
`
`knowledge and skill as of the date of the alleged invention of the ’444 patent
`
`(“POSITA”). Based on instruction from Counsel, I have applied June 8,
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`10
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`

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`2010 (“Critical Date”), as the date of the alleged invention of the ’444
`
`patent.
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`15. Based on my experiences, I have a good understanding of the capabilities of
`
`a POSITA. Indeed, I have taught, mentored, advised, and collaborated
`
`closely with many such individuals over the course of my career.
`
` LEGAL PRINCIPLES
`I am not a lawyer and I will not provide any legal opinions in this IPR.
`
`16.
`
`Although I am not a lawyer, I have been advised that certain legal standards
`
`are to be applied by technical experts in forming opinions regarding the
`
`meaning and validity of patent claims.
`
`A. Claim construction
`I understand that claim terms are generally given their plain and ordinary
`
`17.
`
`meaning in light of the patent’s specification and file history as understood
`
`by a person of ordinary skill in the art at the time of the purported invention.
`
`In that regard, I understand that the best indicator of claim meaning is its
`
`usage in the context of the patent specification as understood by a POSITA.
`
`I further understand that the words of the claims should be given their plain
`
`meaning unless that meaning is inconsistent with the patent specification or
`
`the patent’s history of examination before the Patent Office. I also
`
`understand that the words of the claims should be interpreted as they would
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`11
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`

`

`have been interpreted by a POSITA at the time of the invention was made
`
`(not today).
`
`B.
`Priority
`I understand that a continuation application is a later-filed application that
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`18.
`
`has the same disclosure (specification and figures) as an earlier filed
`
`application to which the later-filed application claims priority. A
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`continuation is generally entitled to the same priority date as the later-filed
`
`application to which it claims priority.
`
`C. Anticipation
`I understand that a patent claim is invalid as anticipated if each and every
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`19.
`
`element as set forth in the claim is found, either expressly or inherently
`
`described, in a single prior art reference. I also understand that, to anticipate,
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`the reference must teach all of the limitations arranged or combined in the
`
`same way as recited in the claim. I do not rely on anticipation in this
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`declaration.
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`20. With respect to inherency, I understand that the fact that a certain result or
`
`characteristic may occur or be present in the prior art is not sufficient to
`
`establish the inherency of that result or characteristic. Instead, the inherent
`
`characteristic must necessarily flow from the teaching of the prior art.
`
`D. Obviousness
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`12
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`21.
`
`I understand that a patent claim is invalid if the claimed invention would
`
`have been obvious to a person of ordinary skill in the field at the time of the
`
`purported invention, which is often considered the time the application was
`
`filed. Thus, even if all of the claim limitations are not found in a single prior
`
`art reference that anticipates the claim, the claim can still be invalid.
`
`22. To obtain a patent, a claimed invention must have, as of the priority date,
`
`been nonobvious in view of the prior art in the field. I understand that an
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`invention is obvious when the differences between the subject matter sought
`
`to be patented and the prior art are such that the subject matter as a whole
`
`would have been obvious at the time the invention was made to a person
`
`having ordinary skill in the art.
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`23.
`
`I understand that, to prove that prior art or a combination of prior art renders
`
`a patent obvious it is necessary to: (1) identify the particular references that,
`
`singly or in combination, make the patent obvious; (2) specifically identify
`
`which elements of the patent claim appear in each of the asserted references;
`
`and (3) explain a motivation, teaching, need, market pressure or other
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`legitimate reason that would have inspired a person of ordinary skill in the
`
`art to combine prior art references to solve a problem.
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`24.
`
`I also understand that certain objective indicia can be important evidence
`
`regarding whether a patent is obvious or nonobvious. Such indicia include:
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`13
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` Commercial success of products covered by the patent claims;
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` A long-felt need for the invention;
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` Failed attempts by others to make the invention;
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` Copying of the invention by others in the field;
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` Unexpected results achieved by the invention as compared to the
`
`closest prior art;
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` Praise of the invention by the infringer or others in the field;
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` The taking of licenses under the patent by others;
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` Expressions of surprise by experts and those skilled in the art at the
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`making of the invention; and
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` The patentee proceeded contrary to the accepted wisdom of the prior
`
`art.
`
`25. To the extent these factors have been brought to my attention, if at all, I have
`
`taken them into consideration in rendering my opinions and conclusions.
`
` MATERIALS CONSIDERED
`26. My analysis and conclusions set forth in this declaration are based on my
`
`educational background and experiences in the field (see Section II). Based
`
`on my above-described experience, I believe that I am considered to be an
`
`expert in the field. Also, based on my experiences, I understand and know of
`
`the capabilities of persons of ordinary skill in the field during the early
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`14
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`

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`1990s–2010s, and I taught, participated in organizations, and worked closely
`
`with many such persons in the field during that time frame.
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`27. As part of my independent analysis for this declaration, I have considered
`
`the following: the background knowledge/technologies that were commonly
`
`known to persons of ordinary skill in this art during the time before the
`
`Critical Date; my own knowledge and experiences gained from my work
`
`experience in the field of the ’444 patent and related disciplines; and my
`
`experience in working with others involved in this field and related
`
`disciplines.
`
`28.
`
`In addition, I have analyzed the following publications and materials:
`
` U.S. Pat. No. 10,342,444 to Albert et al. (“the ’444 patent”) (APPLE-
`
`1001)
`
` Excerpts from the Prosecution History of the ’444 patent (“the
`
`Prosecution History”) (APPLE-1002)
`
` U.S. Patent Publication 2009/0234410A1 (“Libbus”) (APPLE-1004)
`
` Excerpts from the Prosecution History of Libbus (“the Libbus
`
`Prosecution History”) (APPLE-1005)
`
` U.S. Provisional Application 61/035970 (“Libbus Provisional”)
`
`(APPLE-1006)
`
` U.S. Patent Publication 2008/0275327A1 (“Faarbaek”) (APPLE-
`
`15
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`

`

`1007)
`
` U.S. Patent Publication No. 2004/0220488A1 (“Vyshedskiy”)
`
`(APPLE-1008)
`
` Apple iPhone 4 Technical Specifications (APPLE-1009)
`
` Headset Profile Bluetooth Communication Standard (APPLE-1010)
`
` U.S. Patent Publication No. 2005/0239493A1 (“Batkin”) (APPLE-
`
`1011)
`
` U.S. Patent No. 5,735,285 (“Albert”) (APPLE-1012)
`
` Mendoza, Elvira, et al. “Differences in voice quality between men and
`
`women: Use of the long-term average spectrum (LTAS).” Journal of
`
`voice 10.1 (1996): 59-66 (“Mendoza”) (APPLE-1013)
`
` U.S. Patent No. 8,273,053 to Saltzstein (“Saltzstein”) (APPLE-1014)
`
` U.S. Patent No. 4,409,984 to Dick (“Dick”) (APPLE-1015)
`
` TECHNOLOGY OVERVIEW
`29. The ’444 patent generally relates to mobile electrocardiogram (ECG) sensors
`
`and systems in various form factors, including a credit card form factor and
`
`mobile phone case form factor, to monitor the health of a patient from a
`
`remote location. APPLE-1001, Abstract, claim 12. I provide below some
`
`background regarding the technologies and concepts that were known to
`
`those of ordinary skill in the art at or before the time of the alleged invention
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`16
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`

`

`for the ’444 patent. In my opinion, the features I explain below would have
`
`been known and appreciated by one of ordinary skill in the art at that time. I
`
`rely on the disclosures, teachings, and suggestions I discuss below to
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`demonstrate the state of the art known by such a skilled person at that time
`
`to support my opinions regarding the ’444 patent and my opinions in
`
`Sections XI-XV.
`
`30. By the Critical Date of June 8, 2010, mobile ECG sensors for remote health
`
`monitoring systems and processes were well-known. For example, Libbus
`
`discloses a mobile ECG sensor, in various form factors, that detects ECG
`
`signals and transmits ECG signals to a remote computing device. APPLE-
`
`1004, Abstract, [0044]-[0052]; APPLE-1006, Fig. 1A. Faarbaek similarly
`
`discloses mobile ECG sensors, in various form factors, that detects ECG
`
`signals. APPLE-1007, [0001], Fig. 20. Albert discloses a mobile ECG
`
`sensor, including a Heart Card, that detects ECG signals and transmits ECG
`
`signals as audio signals to a computing device. APPLE-1012, Abstract and
`
`Fig. 1. Vyshedskiy discloses a monitor that detects ECG signals and
`
`transmits ECG signals as audio signals to a computing device. APPLE-1008,
`
`Abstract and Fig. 1. Batkin discloses a monitor (in the form of a cell phone
`
`case) that monitors ECG signals and transmits ECG signals as audio signals
`
`to a computing device. APPLE-1011, Abstract and Fig. 1.
`
`17
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`

`

`31. ECG sensors can be and historically have been designed as a variety of form
`
`factors. A POSITA would have understood that the form factor for an ECG
`
`sensor could be modified to accommodate various user environments.
`
`32. There are two conventional ways to transmit data via modulated audio
`
`signals: amplitude modulation (AM) and frequency modulation (FM). AM
`
`method of audio transmission was first successfully carried out in the mid-
`
`1870s to produce quality radio over telephone lines and the original method
`
`used for audio radio transmissions. FM is a newer technology developed in
`
`the United States mainly by Edwin Armstrong in the 1930s and provided
`
`greater signal to noise ratio. A POSITA would have understood that AM and
`
`FM are standard methods of encoding data onto a wireless carrier signal,
`
`such as an acoustic or electromagnetic wave. For example, Saltzstein
`
`discloses transmitting ECG audio signals using either AM or FM. APPLE-
`
`1013, 11:30-51.
`
`33.
`
`It should be noted that sensor information (e.g. ECG signal) can be encoded
`
`onto a wireless carrier wave using either analog modulation (e.g. AM, FM)
`
`or digital modulation (FSK, BPSK). Digital modulation (transmitting 1’s
`
`and 0’s) is often associated with acoustic carrier waves because that is what
`
`was used in FAX machines implemented over telephone lines. However, in
`
`the Albert patent, the modulation being described is the classic analog
`
`18
`
`

`

`modulation, similar to what has been used for many decades in AM and FM
`
`radio broadcasting.
`
` OVERVIEW OF THE ’444 PATENT
`34. The ’444 patent relates to mobile ECG sensors and systems to detect heart
`
`electrical signals. APPLE-1001, Abstract, claim 1. The mobile ECG sensor
`
`in the ’444 patent includes: (1) an electrode assembly that senses heart-
`
`related signals and produces electrical signals representing the sensed heart-
`
`related signals; (2) a converter assembly to convert the electrical signals to a
`
`modulated signal representing the sensed heart-related signals; (3) a
`
`transmitter that transmits the modulated signal to a computing device; and
`
`(4) a housing containing the electrode assembly, the converter assembly, and
`
`the transmitter, wherein the housing is a credit card form factor. APPLE-
`
`1001, claim 1.
`
`35. As shown below, Figure 9A depicts the ECG sensor 100 with a credit card
`
`form factor. APPLE-1001, 7:51-63.
`
`19
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`

`

`APPLE-1001, Fig. 9A (annotated).
`
`
`
`
`
` OVERVIEW OF THE PROSECUTION HISTORY
`36. During prosecution of the ’444 patent, the Examiner issued a double-
`
`patenting rejection, which was overcome by filing a terminal disclaimer and
`
`identified “wherein the housing is a credit card form factor” as allowable
`
`subject matter. APPLE-1002, 13-19; 41-48. Applicant subsequently
`
`amended the claims to include “wherein the housing is a credit card form
`
`factor.” Id. at 30-37.
`
`37. During prosecution, the examiner did not consider Faarbaek, which teaches
`
`the claim limitation alleged to be missing from the prior art. Id. The
`
`examiner also did not consider Libbus, Vyshedskiy, the Headset profile, and
`
`Batkin. APPLE-1002.
`
`
`
`SUMMARY OF THE PRIOR ART
`
`20
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`

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`A. Libbus
`38. Libbus (U.S. Patent Application Publication No. 2009/0234410A1) is titled
`
`“Heart Failure Decompensation Prediction Based on Cardiac Rhythm.”
`
`APPLE-1004, Cover. It is my understanding that Libbus published with
`
`figures from a separate unrelated patent application. See APPLE-1005 at 99,
`
`113-121, 438. The correct figures were included with the provisional
`
`application (APPLE-1006), which is incorporated by reference in its
`
`entirety. APPLE-1004, [0001]. Thus, the referenced figures share the same
`
`disclosure date as Libbus and are part of the Libbus publication.
`
`39. Like the ’444 patent, Libbus’s ECG device is a mobile physiological
`
`monitor that can determine the risk of impending decompensation based on
`
`measurement of an electrocardiogram signal from a patient. APPLE-1004,
`
`[0007], [0048]-[0050], [0071]-[0075]. Libbus’s ECG device includes
`
`“electrodes” and “electronic components” to take physiological
`
`measurements and transmit data. APPLE-1004, [0053], [0056]. The
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`electronic components include “electrocardiogram circuitry,” a “processor,”
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`and “wireless communication circuitry.” APPLE-1004, [0056], [0058],
`
`[0059], [0065]. These components work together to acquire, process, and
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`transmit an electrocardiogram signal with a “communication protocol.”
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`APPLE-1004, [0059], [0065]. The communication protocol includes
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`Bluetooth, amplitude modulation, and frequency modulation. APPLE-1004,
`
`[0059].
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`
`
`
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`APPLE-1006, Figs. 1B and 1D (annotated)
`
`40. Figure 1A shows an example of a user using Libbus’s ECG device to collect
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`and transmit an ECG measurement to an “intermediate device” or “remote
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`center.” APPLE-1004, [0047], [0052], [0059], [0060].
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`22
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`
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`APPLE-1006, Fig. 1A (annotated)
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`41. The intermediate device and remote center include “at least one processor”
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`and can wirelessly communicate with the Libbus ECG device in accordance
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`with a communication protocol. APPLE-1004, [0047], [0052], [0059],
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`[0060], [0074].
`
`42. Libbus’s ECG device includes an “electronics housing” and “cover.”
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`APPLE-1004, [0067], [0068].
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`23
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`APPLE-1006, Fig. 1F (annotated)
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`
`
`43. Further, like the ’444 patent, Libbus’s ECG device is mobile. APPLE-1004,
`
`[0020], [0048]-[0050], [0074]. Libbus’s ECG device has a length from about
`
`4 inches to about 10 inches (about 100 mm to 250 mm), a width from about
`
`2 inches to about 4 inches (about 50 mm to 100 mm), and a thickness from
`
`about 0.2 inches to about 0.4 inches (about 5 mm to 10 mm). APPLE-1004,
`
`[0069]. And Libbus’s ECG device can come in “many shapes” and sizes,
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`“for example at least one of a dogbone, an hourglass, an oblong, a circular or
`
`an oval shape.” APPLE-1004, [0049].
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`24
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`
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`APPLE-1006, Figs. 1G and 1H (annotated)
`
`B.
`Faarbaek
`44. Faarbaek (U.S. Patent Application Publication No. 2008/0275327A1) is
`
`titled “Three-Dimensional Adhesive Device Having a Microelectronic
`
`System Embedded Therein.” APPLE-1007, Cover. Like the ’444 patent and
`
`Libbus, Faarbaek’s device is a mobile physiological monitoring device used
`
`to measure electrocardiography. APPLE-1007, [0001], [0020], [0210],
`
`[0308]. Faarbaek’s ECG device includes “transducer(s),” a
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`25
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`“microprocessor,” “microelectronic circuit,” and “antenna.” APPLE-1007,
`
`[0307]-[0310]. The transducer components are “electrodes” for
`
`physiological monitoring. APPLE-1007, [0159]-[0162].
`
`45. The microprocessor controls and communicates with other components to
`
`execute application software and signal processing. APPLE-1007, [0151],
`
`[0152], [0310]. These components work together to measure and wirelessly
`
`communicate electrocardiograph signals. APPLE-1007, [0001], [0150]-
`
`[0153], [0197], [0308]-[0310].
`
`46. Faarbaek’s ECG device includes a “housing,” which contains the
`
`transducers, the microprocessor, the microelectronic circuit, and the antenna.
`
`APPLE-1007, [0308].
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`APPLE-1007, Fig. 20 (annotated)
`
`
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`26
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`47. As shown in Figs. 21 and 22a, like the ’444 patent, Faarbaek’s ECG device
`
`may be “rectangular” with a thickness “between 0.5 and 15 mm.” APPLE-
`
`1007, [0068], [0070], [0071], [0316], [0317].
`
`
`
`
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`APPLE-1007, Figs. 21 and 22a (annotated)
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`27
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`

`48. Faarbaek further discloses that the device may include “an
`
`electromechanical display system.” APPLE-1007, [0259], [0343], [0345],
`
`[0348], [0349].
`
`C. Batkin
`49. Batkin (U.S. Patent Application Publication No. 2005/0239493A1) is titled
`
`“Remote monitoring of cardiac electrical activity using a cell phone device.”
`
`50. Like the ’444 patent, Batkin is directed at remote monitoring of cardiac
`
`electrical activity. APPLE-1011, Title. Specifically, Batkin discloses a cell
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`phone case that detects an ECG signal through ECG electrodes and transmits
`
`the ECG signal to the cell phone. APPLE-1011, Abstract, [0046] and Fig.
`
`2A-2C.
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`
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`APPLE-1011, Figs. 2A-2C.
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`51.
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`Importantly, Batkin notes that, when the device is incorporated into a case, it
`
`is “designed to be carried by an existing telephone or cell phone.” APPLE-
`
`1011, [0034]. Batkin discloses that the cell phone case has “an electronic
`
`circuit 5 to condition and/or analyze the bio-signal and to digitize and/or
`
`modulate the bio-signal in preparation for transmission” to the cell phone.
`
`APPLE-1011, [0046]. Batkin explains that “the conditioned signal may be in
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`acoustic or electronic form.” APPLE-1011, [0051].
`
`52. Batkin discloses “simultaneous transmissions” of the ECG signal (bio-
`
`signal) and voice telephonic transmissions, which “may be effected by any
`
`one of known means for combining voice and data communication, as
`
`further elaborated below.” APPLE-1011, [0034]. Batkin further explains that
`
`such “simultaneous transmissions” allow “real-time data transmission and
`
`telephonic feedback between the patient and the health care practitioner.”
`
`APPLE-1011, [0013] and [0034].
`
`D. Vyshedskiy
`53. Vyshedskiy (U.S. Patent Application Publication No. 2004/0220488A1) is
`
`titled “Method and apparatus for physiological data acquisition via sound
`
`input port of computing device.”
`
`54. Similar to the ’444 patent, Vyshedskiy discloses a method and apparatus for
`
`physiological data acquisition. APPLE-1008, Title. Specifically, Vyshedskiy
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`discloses an “E