IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`Poeze et al.
`In re Patent of:
`Attorney Docket No. 50095-0043IP2
`
`10,912,502
`U.S. Patent No.:
`
`February 9, 2021
`Issue Date:
`
`Appl. Serial No.: 17/031,407
`
`Filing Date:
`September 24, 2020
`Title:
`USER-WORN DEVICE FOR NONINVASIVELY MEASURING
`A PHYSIOLOGICAL PARAMETER OF A USER
`
`
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`PETITION FOR INTER PARTES REVIEW OF UNITED STATES PATENT
`NO. 10,912,502 PURSUANT TO 35 U.S.C. §§ 311–319, 37 C.F.R. § 42
`
`
`
`

`

`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`TABLE OF CONTENTS
`
`
`
`III. 
`
`I. 
`II. 
`
`INTRODUCTION ........................................................................................... 1 
`PETITIONER HAS STANDING TO REQUEST IPR UNDER 37 C.F.R. §
`42.104 .............................................................................................................. 1 
`A.  Grounds for Standing Under 37 C.F.R. § 42.104(a)................................. 1 
`SUMMARY OF THE ’502 PATENT ............................................................. 1 
`A.  Brief Description ....................................................................................... 1 
`B.  Level of Ordinary Skill in the Art ............................................................. 2 
`C.  Claim Construction ................................................................................... 2 
`IV.  THE CHALLENGED CLAIMS ARE UNPATENTABLE ............................ 3 
`A.  Asserted Grounds and References ............................................................ 3 
`B.  [GROUND 1A] – CLAIMS 1, 2, 5-7, 9, AND 11-18 ARE OBVIOUS
`OVER LUMIDIGM, SCHARF, AND KOTANAGI ............................... 4 
`1. 
`Lumidigm describes a wristwatch having an optical sensor ........... 4 
`2. 
`Scharf describes pulse oximeters having glass covers .................... 8 
`3.  Kotanagi describes an optical sensor that protrudes from a bottom
`surface of a wristwatch .................................................................. 10 
`The combination of Lumidigm, Scharf, and Kotanagi ................. 12 
`4. 
`Reasons to combine Lumidigm, Scharf, and Kotanagi ................. 19 
`5. 
`6.  Analysis ......................................................................................... 33 
`C.  [GROUND 1B] – CLAIMS 4, 8, 10, 19-26, 28-30 ARE OBVIOUS
`OVER LUMIDIGM, SCHARF, KOTANAGI, AND TRAN ................ 71 
`1. 
`Tran describes measuring oxygen, oxygen saturation, and
`temperature, and using a touch screen display .............................. 71 
`The combination of Lumidigm, Scharf, Kotanagi, and Tran ........ 74 
`2. 
`Reasons to combine Lumidigm, Scharf, Kotanagi, and Tran ....... 76 
`3. 
`4.  Analysis ......................................................................................... 79 
`V.  DISCRETION SHOULD NOT PRECLUDE INSTITUTION ..................... 96 
`A.  314(a) – Fintiv......................................................................................... 96 
`VI.  PAYMENT OF FEES – 37 C.F.R. § 42.103 ................................................. 98 
`VII.  CONCLUSION .............................................................................................. 98 
`VIII.  MANDATORY NOTICES UNDER 37 C.F.R § 42.8(a)(1) ......................... 98 
`A.  Real Party-In-Interest Under 37 C.F.R. § 42.8(b)(1) .............................. 98 
`B.  Related Matters Under 37 C.F.R. § 42.8(b)(2) ....................................... 98 
`
`i
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`

`

`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`C.  Lead And Back-Up Counsel Under 37 C.F.R. § 42.8(b)(3) ................... 99 
`D.  Service Information ..............................................................................100 
`
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`
`
`ii
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`

`

`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`
`
`
`EXHIBITS
`
`APPLE-1001
`
`U.S. Patent No. 10,912,502
`
`APPLE-1002
`
`U.S. Patent No. 10,912,502 File History
`
`APPLE-1003
`
`Declaration of Dr. Kenny
`
`APPLE-1004
`
`Curriculum Vitae of Dr. Kenny
`
`APPLE-1005
`
`Masimo Corporation, et al. v. Apple Inc., Redacted Complaint,
`ITC Inv. No. 337-TA-1276
`
`APPLE-1006
`
`US Pat. No. 7,620,212 (“Lumidigm”)
`
`APPLE-1007
`
`PCT Application Pub. No. WO 2005/092182 (“Kotanagi”)
`
`APPLE-1008
`
`US Pat. Appl. Pub. No. 9,820,658 (“Tran”)
`
`APPLE-1009
`
`US Pat. No. 5,766,131 (“Kondo”)
`
`APPLE-1010
`
`US Pat. No. 4,224,948 (“Cramer”)
`
`APPLE-1011
`
`US Pat. No. 7,060,963 (“Maegawa”)
`
`APPLE-1012
`
`Rachel A. Yotter and Denise Michelle Wilson, “A Review of
`Photodetectors for Sensing Light-Emitting Reporters in
`Biological Systems,” IEEE Sensors Journal, vol. 3, no. 3, pp.
`288-303, June 2003
`
`APPLE-1013
`
`Design of Pulse Oximeters, J.G. Webster; Institution of Physics
`Publishing, 1997 (“Webster”)
`
`APPLE-1014
`
`US Pat. No. 4,880,304 (“Nippon”)
`
`APPLE-1015
`
`US Pat. No. 5,893,364 (“Haar”)
`
`iii
`
`

`

`APPLE-1016
`
`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`“Skin Reflectance Pulse Oximetry: In Vivo Measurements from
`the Forearm and Calf,” Y. Mendelson, et al.; Journal of Clinical
`Monitoring, vol. 7, No. 1, January 1991 (“Mendelson 1991”)
`
`APPLE-1017
`
`US Pat. No. 9,001,047 (“Forstall”)
`
`APPLE-1018
`
`RESERVED
`
`APPLE-1019
`
`RESERVED
`
`APPLE-1020
`
`US Pat. No. 6,527,711 (“Stivoric”)
`
`
`
`APPLE-1021
`
`US Pat. Appl. Pub. No. 2005/0007582 (“Villers ”)
`
`APPLE-1022
`
`US Pat. No. 5,137,364 (“McCarthy”)
`
`APPLE-1023
`
`US Pat. No. 6,801,799 (“Mendelson ’799”)
`
`APPLE-1024
`
`US Pat. Appl. Pub. No. 2002/0188210 (“Aizawa”)
`
`APPLE-1025
`
`US Pat. No. 6,330,468 (“Scharf”)
`
`APPLE-1026
`
`US Pat. No. 7,613,504 (“Rowe”)
`
`APPLE-1027
`
`Declaration of June Ann Munford
`
`APPLE-1028
`
`Second Declaration of June Ann Munford
`
`APPLE-1029
`
`Updated Joint Proposed Claim Construction Chart (Feb. 23,
`2022).
`
`APPLE-1030
`
`“Analysis of the dispersion of optical plastic materials,” S.
`Kasarova et al.; Optical Materials, vol. 29, 2007, (“Kasarova”)
`
`APPLE-1031
`
`US Pat. No. 10,052,850 (“Weiss”)
`
`iv
`
`

`

`APPLE-1032
`
`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`Interim Procedure for Discretionary Denials in AIA Post-Grant
`Proceedings with Parallel District Court Litigation, issued June
`21, 2022 (“Interim Guidance”)
`
`
`
`
`
`v
`
`

`

`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`CLAIM LISTING
`
`Limitation
`[1pre]
`
`[1a]
`
`[1b]
`
`[1c]
`
`[1d]
`[1e]
`[1f]
`
`[1g]
`
`[1h]
`
`[2]
`
`[3]
`
`[4pre]
`
`Claim Language
`A user-worn device configured to non-invasively measure a
`physiological parameter of a user, the user-worn device
`comprising:
`a first set of light emitting diodes (LEDs), the first set of LEDs
`comprising at least an LED configured to emit light at a first
`wavelength and an LED configured to emit light at a second
`wavelength;
`a second set of LEDs spaced apart from the first set of LEDs,
`the second set of LEDs comprising at least an LED configured
`to emit light at the first wavelength and an LED configured to
`emit light at the second wavelength;
`four photodiodes arranged on an interior surface of the user-
`worn device and configured to receive light after attenuation by
`tissue of the user;
`a protrusion comprising:
`a convex surface extending over the interior surface,
`a plurality of openings in the convex surface extending through
`the protrusion and aligned with the four photodiodes, each
`opening defined by an opaque surface, and
`a plurality of windows, each of the windows extending across a
`different one of the openings; and
`one or more processors configured to receive one or more
`signals from at least one of the photodiodes and calculate a
`measurement of the physiological parameter of the user.
`The user-worn device of claim 1, wherein the windows
`comprise glass.
`The user-worn device of claim 1, wherein the windows
`comprise plastic.
`The user-worn device of claim 1 further comprising:
`
`vi
`
`

`

`Limitation
`[4a]
`
`[4b]
`
`[4c]
`
`[4d]
`[5]
`
`[6]
`
`[7]
`
`[8]
`
`[9]
`
`[10]
`
`[11]
`
`[12]
`
`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`Claim Language
`a network interface configured to wirelessly communicate the
`measurement of the physiological parameter to at least one of: a
`mobile phone or a computer network;
`a user interface comprising a touch-screen display, wherein the
`user interface is configured to display indicia responsive to the
`measurement of the physiological parameter;
`a storage device configured to at least temporarily store at least
`the measurement; and
`a strap configured to position the user-worn device on the user.
`The user-worn device of claim 1, wherein the opaque surface is
`configured to reduce light piping.
`The user-worn device of claim 1 further comprising at least one
`wall extending between the interior surface and the protrusion,
`wherein at least the interior surface, the wall and the protrusion
`form cavities, wherein the photodiodes are arranged on the
`interior surface within the cavities.
`The user-worn device of claim 1, wherein the physiological
`parameter comprises at least one of: methemoglobin, total
`hemoglobin, carboxyhemoglobin, or carbon monoxide.
`The user-worn device of claim 1, wherein the physiological
`parameter comprises oxygen or oxygen saturation.
`The user-worn device of claim 1, wherein the physiological
`parameter comprises trending information.
`The user-worn device of claim 1 further comprising a
`thermistor.
`The user-worn device of claim 1, wherein the LEDs and the
`photodiodes are arranged on a same side of the tissue of the
`user.
`The user-worn device of claim 1, wherein the one or more
`processors are further configured to calculate a bulk
`measurement responsive to a positioning of the user-worn
`device.
`
`vii
`
`

`

`Limitation
`[13]
`
`[14]
`
`[15]
`
`[16]
`
`[17]
`
`[18]
`
`[19pre]
`
`[19a]
`
`[19b]
`
`[19c-1]
`[19c-2]
`
`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`Claim Language
`The user-worn device of claim 1, wherein, within each of the
`first and second sets of LEDs, any one LED is positioned within
`2 mm to 4 mm of another.
`The user-worn device of claim 1, further comprising a third set
`of LEDs, the third set of LEDs comprising at least an LED
`configured to emit light at the first wavelength and an LED
`configured to emit light at the second wavelength.
`The user-worn device of claim 1, wherein the four photodiodes
`comprise first, second, third and fourth photodiodes and
`wherein the first photodiode and the second photodiode are
`arranged on the interior surface across from each other on
`opposite sides of a central point along a first axis, and the third
`photodiode and the fourth photodiode are arranged across from
`each other on opposite sides of the central point along a second
`axis which is different from the first axis.
`The user-worn device of claim 1, wherein the protrusion further
`comprises one or more extensions.
`The user-worn device of claim 16, wherein the one or more
`extensions surround a perimeter of the convex surface of the
`protrusion.
`The user-worn device of claim 1, wherein the protrusion further
`comprises one or more chamfered edges.
`A user-worn device configured to non-invasively measure an
`oxygen saturation of a user, the user-worn device comprising:
`a plurality of emitters configured to emit light, each of the
`emitters comprising at least two light emitting diodes (LEDs);
`four photodiodes arranged within the user-worn device and
`configured to receive light after at least a portion of the light has
`been attenuated by tissue of the user;
`a protrusion comprising a convex surface
`including separate openings extending through the protrusion
`and lined with opaque material, each opening positioned over a
`different one of the four photodiodes,
`
`viii
`
`

`

`Limitation
`[19c-3]
`
`[19d]
`[19e]
`
`[20]
`
`[21]
`
`[22]
`
`[23]
`
`[24pre]
`[24a]
`
`[24b]
`
`[24c]
`
`[25]
`
`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`Claim Language
`the opaque material configured to reduce an amount of light
`reaching the photodiodes without being attenuated by the tissue;
`optically transparent material within each of the openings; and
`one or more processors configured to receive one or more
`signals from at least one of the four photodiodes and output
`measurements responsive to the one or more signals, the
`measurements indicative of the oxygen saturation of the user.
`The user-worn device of claim 19 further comprising a
`thermistor.
`The user-worn device of claim 20, wherein the one or more
`processors are further configured to receive a temperature signal
`from the thermistor and adjust operation of the user-worn
`device responsive to the temperature signal.
`The user-worn device of claim 21, wherein the plurality of
`emitters comprise at least four emitters, and wherein each of the
`plurality of emitters comprises a respective set of at least three
`LEDs.
`The user-worn device of claim 22, wherein, within each
`respective set of at least three LEDs, the LEDs of the set are
`positioned within 2 mm to 4 mm of each other.
`The user-worn device of claim 19 further comprising:
`a network interface configured to wirelessly communicate at
`least the measurements of oxygen saturation to at least one of: a
`mobile phone or a computer network;
`a user interface comprising a touch-screen display, wherein the
`user interface is configured to display indicia responsive to the
`measurements of oxygen saturation; and
`a memory device configured to at least temporarily store at least
`the measurements of oxygen saturation.
`The user-worn device of claim 19, wherein the photodiodes
`comprise first, second, third and fourth photodiodes and
`wherein the first photodiode and the second photodiode are
`arranged across from each other on opposite sides of a central
`point along a first axis, and the third photodiode and the fourth
`
`ix
`
`

`

`Limitation
`
`[26]
`
`[27]
`
`[28pre]
`
`[28a]
`
`[28b]
`
`[28c]
`
`[28d]
`[28e]
`
`[28f]
`[28g]
`
`[28h]
`
`[28i]
`
`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`Claim Language
`photodiode are arranged across from each other on opposite
`sides of the central point along a second axis which is different
`from the first axis.
`The user-worn device of claim 19, wherein the optically
`transparent material is glass.
`The user-worn device of claim 19, wherein the optically
`transparent material is plastic.
`A user-worn device configured to non-invasively measure an
`oxygen saturation of a user, the user-worn device comprising:
`a first set of light emitting diodes (LEDs), the first set of LEDs
`comprising at least an LED configured to emit light at a first
`wavelength and an LED configured to emit light at a second
`wavelength;
`a second set of LEDs spaced apart from the first set of LEDs,
`the second set of LEDs comprising at least an LED configured
`to emit light at the first wavelength and an LED configured to
`emit light at the second wavelength;
`four photodiodes arranged in a quadrant configuration on an
`interior surface of the user-worn device and configured to
`receive light after at least a portion of the light has been
`attenuated by tissue of the user;
`a thermistor configured to provide a temperature signal;
`a protrusion arranged above the interior surface, the protrusion
`comprising:
`a convex surface;
`a plurality of openings in the convex surface, extending through
`the protrusion, and aligned with the four photodiodes, each
`opening defined by an opaque surface configured to reduce light
`piping; and
`a plurality of transmissive windows, each of the transmissive
`windows extending across a different one of the openings;
`at least one opaque wall extending between the interior surface
`and the protrusion, wherein at least the interior surface, the
`
`x
`
`

`

`Limitation
`
`[28j]
`
`[28k]
`
`[28l]
`
`[28m]
`
`[28n]
`[29pre]
`[29a]
`
`[29b]
`
`[30]
`
`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`Claim Language
`opaque wall and the protrusion form cavities, wherein the
`photodiodes are arranged on the interior surface within the
`cavities;
`one or more processors configured to receive one or more
`signals from at least one of the photodiodes and calculate an
`oxygen saturation measurement of the user, the one or more
`processors further configured to receive the temperature signal;
`a network interface configured to wirelessly communicate the
`oxygen saturation measurement to at least one of a mobile
`phone or an electronic network;
`a user interface comprising a touch-screen display, wherein the
`user interface is configured to display indicia responsive to the
`oxygen saturation measurement of the user;
`a storage device configured to at least temporarily store at least
`the measurement; and
`a strap configured to position the user-worn device on the user.
`The user-worn device of claim 28, further comprising:
`a driver configured to energize the first and second sets of
`LEDs; and
`a front-end interface comprising one or more amplifiers and one
`or more analog to digital converters (ADCs), wherein the front-
`end interface receives the signals from the photodiodes, the one
`or more amplifiers amplify the signals and the one or more
`ADCs convert the signals to digital information, and wherein
`the processors receive the converted signals.
`The user-worn device of claim 28, wherein the protrusion
`further comprises one or more sidewalls extending at least
`partially around a perimeter of the convex surface.
`
`
`
`
`
`
`xi
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`

`

`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`
`I.
`
`INTRODUCTION
`Apple Inc. (“Apple” or “Petitioner”) petitions for IPR of claims 1-30
`
`(“Challenged Claims”) of U.S. Patent No. 10,912,502 (“the ’502 Patent”).
`
`Compelling evidence presented in this Petition demonstrates at least a reasonable
`
`likelihood that Apple will prevail with respect to at least one of the Challenged
`
`Claims.
`
`II.
`
`PETITIONER HAS STANDING TO REQUEST IPR UNDER 37
`C.F.R. § 42.104
`A. Grounds for Standing Under 37 C.F.R. § 42.104(a)
`Petitioner certifies that the ’502 Patent is available for IPR. Petitioner is not
`
`barred or estopped from requesting this review challenging the Challenged Claims
`
`on the below-identified grounds.
`
`III. SUMMARY OF THE ’502 PATENT
`A. Brief Description
`The system described by the ’502 Patent is said to include, in one
`
`embodiment, “a noninvasive sensor and a patient monitor communicating with the
`
`noninvasive sensor.” APPLE-1001, 2:47-60. The ’502 Patent describes several
`
`sensor configurations. See APPLE-1001, 6:48-51, 35:45-38:32, FIGS. 14A-14I;
`
`1
`
`

`

`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`
`APPLE-1003, ¶¶44-47.1
`
`B. Level of Ordinary Skill in the Art
`A person of ordinary skill in the art relating to the subject matter of the ’502
`
`Patent as of July 3, 2008 (a “POSITA”) would have been a person with a working
`
`knowledge of physiological monitoring technologies. The person would have had
`
`a Bachelor of Science degree in an academic discipline emphasizing the design of
`
`electrical, computer, or software technologies, in combination with training or at
`
`least one to two years of related work experience with capture and processing of
`
`data or information, including but not limited to physiological monitoring
`
`technologies. APPLE-1003, ¶¶42-43. Alternatively, the person could have also
`
`had a Master of Science degree in a relevant academic discipline with less than a
`
`year of related work experience in the same discipline. Id.
`
`C. Claim Construction
`Petitioner submits that all claim terms should be construed according to the
`
`
`1 As Apple noted in the parallel ITC investigation, the ’502 Patent neither depicts
`
`nor describes, for example, an embodiment featuring at least three light emitting
`
`diodes (LEDs), at least three photodiodes, and a protrusion comprising a convex
`
`surface and a plurality of openings extending through the protrusion and positioned
`
`over the three photodiodes. See generally APPLE-1001.
`
`2
`
`

`

`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`Phillips standard. Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005); 37
`
`C.F.R. § 42.100. No formal claim constructions are necessary in this proceeding
`
`because “claim terms need only be construed to the extent necessary to resolve the
`
`controversy.” Wellman, Inc. v. Eastman Chem. Co., 642 F.3d 1355, 1361 (Fed.
`
`Cir. 2011).
`
`Furthermore, Apple does not concede that the Challenged Claims satisfy any
`
`statutory requirements (e.g., 35 U.S.C. § 112), and does not waive any arguments
`
`that cannot be raised in this forum.
`
`IV. THE CHALLENGED CLAIMS ARE UNPATENTABLE
`A. Asserted Grounds and References
`The Challenged Claims are invalid over the grounds identified in the table
`
`below, as further explained in this Petition and the supporting expert declaration.2,3
`
`APPLE-1003, ¶¶1-276.
`
`Ground
`1A
`
`Claims
`1-3, 5-7, 9, 11-18
`
`Basis for Rejection
`Obvious (§103) based on Lumidigm,
`
`
`2 Apple asserts that the ’502 Patent is invalid on multiple grounds in addition to
`
`those presented herein, including Lumidigm alone and in other combinations as
`
`presented in the parallel ITC proceeding.
`
`3 The references relied upon herein are representative of the state of the prior art as
`
`of the Critical Date of the ’502 Patent.
`
`3
`
`

`

`Ground
`
`1B
`
`Claims
`
`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`Basis for Rejection
`Scharf, and Kotanagi
`4, 8, 10, 19-27, 28-30 Obvious (§103) based on Lumidigm,
`Scharf, Kotanagi, and Tran
`
`The earliest priority date claimed by the ’502 patent is July 3, 2008
`
`(hereinafter the “Critical Date”). Petitioner does not take a position as to whether
`
`the ’502 Patent is entitled to priority but has applied references that pre-date the
`
`Critical Date and qualify as prior art, as shown below. APPLE-1003, ¶¶15-40.
`
`Reference
`
`Date
`
`Section
`
`Lumidigm
`
`US 7,620,212
`
`11/17/2009 (patented)
`
`102(e)
`
`Scharf
`
`US 6,330,468
`
`12/11/2001 (patented)
`
`102(b)
`
`Kotanagi
`
`WO2005/092182
`
`10/6/2005 (published)
`
`102(b)
`
`Tran
`
`
`
`US 9,820,658
`
`8/30/2006 (filed)
`
`102(e)
`
`B. [GROUND 1A] – CLAIMS 1, 2, 5-7, 9, AND 11-18 ARE OBVIOUS
`OVER LUMIDIGM, SCHARF, AND KOTANAGI
`A brief introduction is provided to Lumidigm, Scharf, Kotanagi, and the
`
`combination thereof.4
`
`1. Lumidigm describes a wristwatch having an
`optical sensor
`Lumidigm describes “electro-optical sensors for use in biometric analysis of
`
`
`4 Petitioner incorporates this discussion into Grounds 1A-1B.
`
`4
`
`

`

`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`optical spectra of tissue.” APPLE-1006, 1:53-56. These sensors are “built into the
`
`case of a wristwatch 112 and operate[] based upon signals detected from the skin.”
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`Id., 11:61-64, Fig. 8B (infra). Lumidigm’s sensor is used to obtain data indicative
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`of spectroscopic characteristics of a user’s blood or skin, which are used to
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`determine physiological parameters of the user. Id., 3:44-45, 19:16-40; APPLE-
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`1003, ¶49.
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`
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`Lumidigm, Fig. 8B
`Lumidigm describes various “sensor geometries” for the wristwatch.
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`APPLE-1006, 11:66-12:2. The sensor’s illumination and detection systems are
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`“built into” the wristwatch and “collect[] and digitiz[e] the spectral information.”
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`Id., 11:35-38; see 11:64-65; APPLE-1003, ¶50.
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`Fig. 2 shows a cross-section of a sensor head in contact with tissue. See
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`5
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`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`APPLE-1006, 7:5-7. The sensor head includes multiple light sources (red), e.g.,
`
`light emitting diodes (LEDs) or “sets of LEDs,” and “one or more detectors”
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`(blue). Id., 6:22-24, 6:38-64, 7:9-10; APPLE-1003, ¶51.
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`
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`Lumidigm, Fig. 2 (annotated)
`The sensor “acquir[es] tissue spectral data” by detecting light from the light
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`sources that travels through the tissue and is reflected back to the detector, as
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`illustrated by the “mean optical paths” Id., 42-52 in Fig. 2, 7:8-11; APPLE-1003,
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`¶52.
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`The detector is recessed from the sensor surface “in optically opaque
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`material,” green, with an opening extending above the detector to the sensor
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`surface to allow light to reach the detector. Id., 7:64-8:4. This placement
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`“minimizes the amount of light that can be detected after reflecting off the first
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`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`(epidermal) surface of the tissue.” Id., 8:4-7. Lumidigm’s sensor head can “have a
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`compound curvature on the optical surface” “to incorporate ergonomic features
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`that allow for good optical and mechanical coupling with the tissue being
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`measured.” APPLE-1006, 7:58-63; APPLE-1003, ¶53.
`
`Lumidigm describes various light source and detector arrangements.
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`APPLE-1006, 6:43-62, 8:33-9:57, Figs. 3-7B. The light sources “can each have
`
`the same wavelength” or “can include some sources that have the same
`
`wavelengths as others and some sources that are different,” and can be “sets of
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`LEDs … with differing wavelength characteristics.” Id., 6:43-48; APPLE-1003,
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`¶54. Figs. 6 and 7A-7B, infra, show example arrangements. In Fig. 6, “each of
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`three different light sources,” red “is positioned relative to three detectors,” blue.
`
`APPLE-1006, 9:15-17. The Fig. 7A sensor “includes a row of detectors,” blue,
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`“surrounded on either side by rows of light sources,” red; and in FIG. 7B,
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`“multiple light sources” red, “are placed at the perimeter of a detector array,” blue.
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`APPLE-1006, 9:28-39; APPLE-1003, ¶55.
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`7
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`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
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`
`
`
`
`Lumidigm, Figs. 6 and 7A-7B (annotated)
`2. Scharf describes pulse oximeters having glass
`covers
`Scharf describes “a pulse oximeter using two green light sources to detect
`
`
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`8
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`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`the oxygen saturation of hemoglobin in a volume of intra vascular blood.”
`
`APPLE-1025, 1:10-13. In Fig. 4, infra, Scharf’s oximeter includes “[s]urface
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`mount LEDs,” red; and a “photodiode 26 of a light-to-frequency converter (LFC)
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`28,” blue. Id., 8:38-41, 5:19-23; APPLE-1003, ¶56.
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`Scharf’s LEDs and photodiode are disposed within cavities covered by a
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`“face 88 of the oximeter probe.” APPLE-1025, 3:44-45. The “clear face,” orange,
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`can be “a single piece (including pieces 16, 18, and 91).” Id., 8:57-66.
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`Alternatively, “[a]lthough shown as flat surfaces, face pieces 16, 18, and 91 can …
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`be shaped to form discrete lenses … to focus the radiant energy from the LEDs …
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`onto the skin … and from the skin 2 onto the photodiode.” Id., 9:1-5; see 9:13-15;
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`APPLE-1003, ¶57.
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`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`
`
`
`Scharf, Fig. 4 (annotated)
`3. Kotanagi describes an optical sensor that
`protrudes from a bottom surface of a
`wristwatch
`Kotanagi describes a device for “measuring biological information such as
`
`pulse rate while mounted to the wrist.” APPLE-1007, [0001]. This device,
`
`illustrated in Fig. 5, infra, has a housing with “a protruding part 4 [purple] which
`
`protrudes from the lower surface 2a” of the housing. Id., [0045]. A sensor
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`disposed on the protruding part includes an LED (red) and a photodetector (blue)
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`“for receiving reflected light from the living body … and generating a pulse signal
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`(biological information signal)” based on the received light. Id., [0046]. Pulse rate
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`is detected “based on the generated pulse signal.” Id., [0047]; APPLE-1003, ¶58.
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`10
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`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`
`
`
`Kotanagi, Fig. 5 (annotated)
`In Fig. 10, infra, “a curved surface” is “formed from the center toward the
`
`outer edge of the lower surface 4a of the protruding part 4.” APPLE-1007, [0080].
`
`The watch is “mounted in a state in which the living body surface B deforms
`
`smoothly and the contact pressure of the center part of the lower surface 4a is
`
`increased, which further enhances adherence.” Id., [0080]; APPLE-1003, ¶59.
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`11
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`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
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`
`
`Kotanagi, Fig. 10 (annotated)
`4. The combination of Lumidigm, Scharf, and
`Kotanagi
`The structure of the combination device
`A user-worn optical sensor of the combination is shown infra. APPLE-
`
`1003, ¶¶60-61:
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`12
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`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`
` Composite figure5
`The following description of the combined sensor references this composite
`
`
`
`figure.
`
`In the combination, the optical sensor is “built into the case of a wristwatch,”
`
`and includes LEDs or sets of LEDs (red), and detectors (blue) “recessed from the
`
`sensor surface 39 in optically opaque material” (green). APPLE-1006, 8:1-10,
`
`
`5 This figure, as are the other composite figures provided herein, is one example
`
`combination that a POSITA would have found to be obvious, and is provided for
`
`illustrative purposes and are not precise engineering drawings with details shown
`
`to scale. Other examples could be conceived that are also obvious and that would
`
`similarly render the challenged claims obvious for similar reasons as discussed
`
`herein. APPLE-1003, ¶60.
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`13
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`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`
`11:60-12:1; see 6:38-63; APPLE-1003, ¶62.
`
`Also in the combination, the detectors are implemented as photodiodes.
`
`Indeed, a POSITA would have understood or found obvious that Lumidigm’s
`
`semiconductor-based photodetectors are photodiodes. See APPLE-1006, 6:58-63;
`
`APPLE-1003, ¶63. Alternatively or additionally, Lumidigm’s photodetectors are
`
`implemented as photodiodes based on Scharf’s teaching of the use of photodiodes
`
`in reflectance pulse oximetry. See APPLE-1025, 2:63-65, 3:5-9, 5:19-21; APPLE-
`
`1003, ¶63.
`
`The optical surface of the combined device is implemented as a “curved
`
`surface … formed from the center toward the outer edge” of the optical surface of
`
`the sensor, as described in Kotanagi. APPLE-1007, [0080]; see APPLE-1006,
`
`7:58-63. Consistent with Kotanagi’s curved protruding part, this curved optical
`
`surface forms a protrusion with a convex outer surface extending over the
`
`photodiodes and LEDs of the sensor. See APPLE-1007, [0080], Fig. 10. Thus, the
`
`optically opaque material (green; see APPLE-1006, 8:3-4) extends from the bottom
`
`surface of the sensor to the convex surface of the protrusion. APPLE-1003, ¶64.
`
`The photodiodes are recessed into the protrusion, with the recesses
`
`extending from the bottom surface of the sensor, through the protrusion, and to the
`
`convex surface. See APPLE-1006, 7:5-10, 8:1-10. This positioning “minimizes
`
`the amount of light that can be detected after reflecting off the first (epidermal)
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`14
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`Attorney Docket No. 50095-0043IP2
`IPR of U.S. Patent No. 10,912,502
`surface of the tissue.” Id., 8:4-7. The LEDs are also recessed into the protrusion,
`
`as indicated by the dashed lines. See id., 8:7-10 (“the same optical blocking effect
`
`could be produced … by recessing both the detector and the light sources”). The
`
`outer edges of the protrusion are chamfered. APPLE-1003, ¶65.
`
`A “clear face,” as taught by Scharf, covers the convex surface of the
`
`combination device. APPLE-1025, 8:57-66. The face is implemented as a single
`
`glass piece, or alternatively, as discrete covers (orange in the figure, supra) formed
`
`over the recesses, e.g., substantially flush with the convex optical surface. Id.,
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`8:57-9:15; APPLE-1003, ¶66.
`
`The arrangement of LEDs and photodiodes in the combination device
`In the combination, the light sources and photodiodes are arranged according
`
`to Lumidigm’s Fig. 7A, or alternatively, according to a modified arrangement
`
`based on Lumidigm’s Fig. 6, or still alternatively, according to a modified
`
`arrangement based on Fig. 7B, or other similar arrangements. See APPLE-1006,
`
`9:32-34 (“other numbers and arrangements of the sources 93 and detectors 95 may
`
`alternatively be used”); APPLE-1003, ¶67.
`
`With respect to Fig. 7A, the combination device “includes a row of detectors
`
`surrounded on either side by rows of light sources,” i.e., LEDs or sets of LEDs.
`
`APPLE-1006, 9:26-34, FIG. 7A. Top and cross-sectional views of this
`
`configuration are shown in the fol