IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`Ammar Al-Ali
`In re Patent of:
`10,687,745 Attorney Docket No.: 50095-0045IP3
`U.S. Patent No.:
`June 23, 2020
`
`Issue Date:
`Appl. Serial No.: 16/835,772
`
`Filing Date:
`March 31, 2020
`
`Title:
`PHYSIOLOGICAL MONITORING DEVICES, SYSTEMS,
`AND METHODS
`
`
`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. 10,687,745 PURSUANT TO 35 U.S.C. §§ 311–319, 37 C.F.R. § 42
`
`
`
`

`

`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`TABLE OF CONTENTS
`
`
`
`I. 
`
`II. 
`
`REQUIREMENTS FOR IPR UNDER 37 C.F.R. § 42.104 ............................ 1 
`A.  Standing .................................................................................................... 1 
`B.  Challenge and Relief Requested ............................................................... 1 
`SUMMARY OF THE ’745 PATENT ............................................................. 2 
`A.  Brief Description ....................................................................................... 2 
`B.  Summary of the Prosecution History ........................................................ 3 
`C.  Level of Ordinary Skill in the Art ............................................................. 4 
`III.  CLAIM CONSTRUCTION UNDER 37 C.F.R. §§ 42.104(b)(3) .................. 5 
`IV.  THE CHALLENGED CLAIMS ARE UNPATENTABLE ............................ 5 
`A.  Ground 1A: Claims 2-3, 5-6, 8, 10-12, and 14 are obvious over Iwamiya
`in view of Sarantos ................................................................................... 5 
`1.  Overview of Iwamiya ...................................................................... 5 
`2.  Overview of Sarantos ...................................................................... 6 
`3.  Analysis ........................................................................................... 7 
`B.  Ground 1B: Claims 4, 17, 19, and 21-26 are obvious over Iwamiya and
`Sarantos in view of Venkatraman ........................................................... 23 
`1.  Overview of Venkatraman ............................................................ 23 
`2.  Analysis ......................................................................................... 24 
`C.  Ground 2A: Claims 2, 5-6, 8, 10-11, 13-14, 17, and 19 are obvious over
`Sarantos in view of Shie ......................................................................... 38 
`1.  Overview of Shie ........................................................................... 38 
`2.  Analysis ......................................................................................... 39 
`D.  Ground 2B: Claims 3-4, 17, 19, and 21-26 are obvious over Sarantos
`and Shie in view of Venkatraman ........................................................... 56 
`1.  Analysis ......................................................................................... 56 
`V.  Ground 2C: Claim 12 is obvious over Sarantos in view of Shie and Savant 69 
`A.  Overview of Savant ................................................................................ 69 
`B.  Analysis ................................................................................................... 70 
`VI.  PTAB DISCRETION SHOULD NOT PRECLUDE INSTITUTION .......... 72 
`A.  314(a) – Fintiv......................................................................................... 72 
`B.  314(a) – General Plastic ......................................................................... 74 
`C.  325(d) – Advanced Bionics ..................................................................... 76 
`VII.  MANDATORY NOTICES UNDER 37 C.F.R. §42.8 .................................. 78 
`A.  Real Parties-In-Interest Under 37 C.F.R. §42.8(b)(1) ............................ 78 
`B.  Related Matters Under 37 C.F.R. §42.8(b)(2) ........................................ 78 
`
`i
`
`

`

`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`C.  Lead And Back-Up Counsel Under 37 C.F.R. §42.8(b)(3) .................... 80 
`D.  Service Information ................................................................................ 80 
`VIII.  PAYMENT OF FEES – 37 C.F.R. §42.103 .................................................. 80 
`IX.  CONCLUSION .............................................................................................. 80 
`
`
`
`
`
`ii
`
`

`

`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`
`EXHIBITS
`
`APPLE-1001
`
`U.S. Pat. No. 10,687,745 to Al-Ali (“the ’745 patent”)
`
`APPLE-1002
`
`Prosecution History of the ’745 patent (Serial No. 16/835,772)
`
`APPLE-1003
`
`Declaration of Dr. Brian Anthony
`
`APPLE-1004
`
`U.S. Pat. No. 8,670,819 (“Iwamiya”)
`
`APPLE-1005
`
`U.S. Pat. No. 9,392,946 (“Sarantos”)
`
`APPLE-1006
`
`U.S. Pub. No. 2014/0275854 (“Venkatraman”)
`
`APPLE-1007
`
`U.S. Pat. No. 6,483,976 (“Shie”)
`
`APPLE-1008
`
`U.S. Pat. No. 6,801,799 (“Mendelson-799”)
`
`APPLE-1009
`
`U.S. Pub. No. 2015/0018647 (“Mandel”)
`
`APPLE-1010
`
`U.S. Pub. No. 2009/0275810 (“Ayers”)
`
`APPLE-1011
`
`Int’l Pub. No. WO 2011/051888 (“Ackermans”)
`
`APPLE-1012
`
`U.S. Pat. No. 6,158,245 (“Savant”)
`
`APPLE-1013
`
`Design of Pulse Oximeters, J.G. Webster; Institution of Physics
`Publishing, 1997 (“Webster”)
`
`APPLE-1014
`
`U.S. Pub. No. 2009/0054112 (“Cybart”)
`
`APPLE-1015
`
`U.S. Pat. No. 5,893,364 (“Haar”)
`
`APPLE-1016
`
`U.S. Pat. No. 5,952,084 (“Anderson”)
`
`iii
`
`

`

`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`
`
`
`APPLE-1017
`
`U.S. Pat. No. 10,470,695 (the “’695 patent”)
`
`APPLE-1018
`
`Apple v. Masimo, Case No. IPR2020-01722, Paper 29 (Final
`Written Decision) (PTAB May 5, 2022) (the “’695 FWD”)
`
`APPLE-1019
`
`U.S. Pub. No. 2009/0097129 (“Naito”)
`
`APPLE-1020
`
`U.S. Pub. No. 2006/0128869 (“Taima”)
`
`APPLE-1021
`
`Polymers and Plastic Resins Information, Engineering360,
`printed from
`https://www.globalspec.com/learnmore/materials_chemicals_ad
`hesives/plastics_elastomers_polymers/plastics_polymers on
`August 15, 2022
`Methods and Approaches of Futures Studies, printed from
`http://crab.rutgers.edu/~goertzel/futuristmethods.html on
`August 15, 2022
`APPLE-1023 – APPLE-1030 RESERVED
`
`APPLE-1022
`
`APPLE-1031
`
`APPLE-1032
`
`
`
`Masimo Corporation, et al. v. Apple Inc., Redacted Complaint,
`ITC Inv. No. 337-TA-1276
`
`
`Interim Procedure for Discretionary Denials in AIA Post-Grant
`Proceedings with Parallel District Court Litigation, issued June
`21, 2022 (“Interim Guidance”)
`
`
`iv
`
`

`

`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`CLAIM LISTING
`
`Element
`[1.0]
`
`Claim Language
`A physiological monitoring device comprising:
`
`[1.1]
`
`[1.2]
`
`[1.3]
`
`[1.4]
`
`[1.5]
`
`[1.6]
`
`[1.7]
`
`[2.0]
`
`a plurality of light-emitting diodes configured to emit light in a first
`shape;
`
`a material configured to be positioned between the plurality of
`light-emitting diodes and tissue on a wrist of a user when the
`physiological monitoring device is in use, the material configured
`to change the first shape into a second shape by which the light
`emitted from one or more of the plurality of light-emitting diodes is
`projected towards the tissue;
`
`a plurality of photodiodes configured to detect at least a portion of
`the light after the at least the portion of the light passes through the
`tissue, the plurality of photodiodes further configured to output at
`least one signal responsive to the detected light;
`
`a surface comprising a dark-colored coating, the surface configured
`to be positioned between the plurality of photodiodes and the tissue
`when the physiological monitoring device is in use,
`
`wherein an opening defined in the dark-colored coating is
`configured to allow at least a portion of light reflected from the
`tissue to pass through the surface;
`
`a light block configured to prevent at least a portion of the light
`emitted from the plurality of light-emitting diodes from reaching
`the plurality of photodiodes without first reaching the tissue; and
`
`a processor configured to receive and process the outputted at least
`one signal and determine a physiological parameter of the user
`responsive to the outputted at least one signal.
`
`The physiological monitoring device of claim 1, wherein at least
`one of the plurality of light-emitting diodes is configured to emit
`light of a first wavelength and at least one of the plurality of light-
`
`v
`
`

`

`Element
`
`[3.0]
`
`[4.0]
`
`[5.0]
`
`[6.0]
`
`[8.0]
`
`[10.0]
`
`[11.0]
`
`[12.0]
`
`[13.0]
`
`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`Claim Language
`emitting diodes is configured to emit light of a second wavelength,
`the second wavelength being different than the first wavelength.
`
`The physiological monitoring device of claim 1, further comprising
`a display configured to present visual feedback responsive to the
`determined physiological parameter.
`
`The physiological monitoring device of claim 3, wherein the
`display is a touch-screen display.
`
`The physiological monitoring device of claim 1, wherein the
`plurality of light-emitting diodes and the plurality of photodiodes
`are arranged in a reflectance measurement configuration.
`
`The physiological monitoring device of claim 1, wherein the
`plurality of photodiodes are arranged in an array having a spatial
`configuration corresponding to a shape of a portion of the tissue
`bounded by the light block.
`
`The physiological monitoring device of claim 1, wherein the
`physiological parameter comprises pulse rate.
`
`The physiological monitoring device of claim 1, wherein the
`material comprises glass.
`
`The physiological monitoring device of claim 1, wherein the
`material comprises plastic.
`
`The physiological monitoring device of claim 1, wherein the
`second shape comprises a circular geometry.
`
`The physiological monitoring device of claim 1, wherein the
`opening defined in the dark-colored coating comprises a width and
`a length, and wherein the width is larger than the length.
`
`[14.0]
`
`The physiological monitoring device of claim 1, wherein the dark-
`colored coating comprises black.
`
`[15.0]
`
`A physiological monitoring device comprising:
`
`vi
`
`

`

`Element
`[15.1]
`
`[15.2]
`
`[15.3]
`
`[15.4]
`
`[15.5]
`
`[15.6]
`
`[15.7]
`
`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`Claim Language
`a plurality of light-emitting diodes configured to emit light
`proximate a wrist of a user;
`
`a light diffusing material configured to be positioned between the
`plurality of light-emitting diodes and a tissue measurement site on
`the wrist of the user when the physiological monitoring device is in
`use;
`
`a light block having a circular shape;
`
`a plurality of photodiodes configured to detect at least a portion of
`the light emitted from the plurality of light-emitting diodes after the
`light passes through the light diffusing material and a portion of the
`tissue measurement site encircled by the light block, wherein the
`plurality of photodiodes are arranged in an array having a spatial
`configuration corresponding to a shape of the portion of the tissue
`measurement site encircled by the light block
`
`wherein the plurality of photodiodes are further configured to
`output at least one signal responsive to the detected light, and
`
`wherein the plurality of light-emitting diodes and the plurality of
`photodiodes are arranged in a reflectance measurement
`configuration;
`
`wherein the light block is configured to optically isolate the
`plurality of light-emitting diodes from the plurality of photodiodes
`by preventing at least a portion of light emitted from the plurality
`of light-emitting diodes from reaching the plurality of photodiodes
`without first reaching the portion of the tissue measurement site;
`
`[15.8]
`
`a processor configured to receive and process the outputted at least
`one signal and determine a physiological parameter of the user
`responsive to the outputted at least one signal; and
`
`[15.9]
`
`wherein the physiological monitoring device is configured to
`transmit physiological parameter data to a separate processor.
`
`vii
`
`

`

`Element
`[17.0]
`
`[19.0]
`
`[20.0]
`
`[20.1]
`
`[20.2]
`
`[20.3]
`
`[20.4]
`
`[20.5]
`
`[20.6]
`
`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`Claim Language
`The physiological monitoring device of claim 15, wherein the
`physiological parameter comprises pulse rate.
`
`The physiological monitoring device of claim 15, wherein the
`plurality of light-emitting diodes are configured to emit light in a
`first shape, and wherein the light diffusing material is configured to
`change the first shape into a second shape by which the light
`emitted from one or more of the plurality of light-emitting diodes is
`projected towards the tissue measurement site.
`
`A system configured to measure one or more physiological
`parameters of a user, the system comprising:
`
`a physiological monitoring device comprising:
`
`a plurality of light-emitting diodes configured to emit light in a first
`shape;
`
`a material configured to be positioned between the plurality of
`light-emitting diodes and tissue of the user when the physiological
`monitoring device is in use, the material configured to change the
`first shape into a second shape by which the light emitted from one
`or more of the plurality of light-emitting diodes is projected
`towards the tissue;
`
`a plurality of photodiodes configured to detect at least a portion of
`the light after the at least the portion of the light passes through the
`tissue, the plurality of photodiodes further configured to output at
`least one signal responsive to the detected light;
`
`a surface comprising a dark-colored coating, the surface configured
`to be positioned between the plurality of photodiodes and the tissue
`when the physiological monitoring device is in use,
`
`wherein an opening defined in the dark-colored coating is
`configured to allow at least a portion of light reflected from the
`tissue to pass through the surface;
`
`viii
`
`

`

`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`Claim Language
`a light block configured to prevent at least a portion of light from
`the plurality of light-emitting diodes from reaching the plurality of
`photodiodes without first reaching the tissue; and
`
`a processor configured to receive and process the outputted at least
`one signal and determine a physiological parameter of the user
`responsive to the outputted at least one signal; and
`
`a processing device configured to wirelessly receive physiological
`parameter data from the physiological monitoring device, wherein
`the processing device comprises a user interface, a storage device,
`and a network interface configured to wirelessly communicate with
`the physiological monitoring device, and wherein the user interface
`includes a touch-screen display configured to present visual
`feedback responsive to the physiological parameter data.
`
`The system of claim 20, wherein the system is configured to
`determine a state of wellness of the user based on the determined
`physiological parameter.
`
`The system of claim 20, wherein the system is configured to
`determine a trend of wellness of the user based on the determined
`physiological parameter.
`
`The system of claim 20, wherein the visual feedback presented by
`the touch-screen display is responsive to at least one of a pulse rate
`and an oxygen saturation of the user.
`
`The system of claim 20, wherein the material comprises at least one
`of glass and plastic.
`
`The system of claim 20, wherein the second shape comprises a
`width and a length, and wherein the width is different from the
`length.
`
`The system of claim 20, wherein the plurality of photodiodes are
`arranged in an array having a spatial configuration corresponding
`to a shape of a portion of the tissue encircled by the light block.
`
`Element
`[20.7]
`
`[20.8]
`
`[20.9]
`
`[21.0]
`
`[22.0]
`
`[23.0]
`
`[24.0]
`
`[25.0]
`
`[26.0]
`
`
`
`ix
`
`

`

`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`Apple Inc. (“Petitioner” or “Apple”) petitions for Inter Partes Review
`
`(“IPR”) of claims 2-6, 8, 10-14, 17, 19, and 21-26 (“the Challenged Claims”) of
`
`U.S. Patent 10,687,745 (“the ’745 patent”). Compelling evidence presented in this
`
`Petition demonstrates at least a reasonable likelihood of prevailing with respect to
`
`at least one Challenged Claim, and respectfully requests institution of IPR and
`
`cancellation of all Challenged Claims as unpatentable.
`
`I.
`
`REQUIREMENTS FOR IPR UNDER 37 C.F.R. § 42.104
`A.
`Standing
`Apple certifies that the ’745 patent is available for IPR. Apple is not barred
`
`or estopped from requesting this review challenging the Challenged Claims on the
`
`below-identified grounds.
`
`B. Challenge and Relief Requested
`Apple requests IPR of the Challenged Claims on the grounds set forth in the
`
`table below. Additional explanation and support for each ground is set forth in the
`
`expert Declaration of Brian Anthony, Ph.D. (APPLE-1003), referenced throughout
`
`this Petition.
`
`
`
`1
`
`

`

`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`
`Basis for Rejection (35 U.S.C. § 103)
`Iwamiya in view of Sarantos
`
`Claims
`2-3, 5-6, 8, 10-12,
`14
`4, 17, 19, 21-26
`2, 5-6, 8, 10-11,
`13-14, 17, 19
`3-4, 17, 19, 21-26 Sarantos in view of Shie and Venkatraman
`12
`Sarantos in view of Shie and Savant
`
`Iwamiya in view of Sarantos and Venkatraman
`Sarantos in view of Shie
`
`
`
`Ground
`1A
`
`1B
`2A
`
`2B
`2C
`
`
`
`The ’745 patent claims priority to an application filed July 2, 2015, which
`
`Petitioner treats as the earliest effective filing date (“Critical Date”) of the
`
`Challenged Claims for purposes of this IPR. Each of the prior art references
`
`applied in the grounds listed above qualifies as prior art to the ’745 patent on at
`
`least the bases shown below:
`
`Reference
`
`Filed
`
`Published
`
`Iwamiya
`Sarantos
`Venkatraman
`Shie
`Savant
`
`
`
`06/29/2010
`05/28/2015
`06/03/2014
`05/09/2001
`08/25/1998
`
`01/06/2011
`07/19/2016
`09/18/2014
`08/30/2001
`12/12/2000
`
`35 U.S.C. §102
`Prior Art Basis
`§102(a)(1), §102(a)(2)
`§102(a)(2)
`§102(a)(1), §102(a)(2)
`§102(a)(1), §102(a)(2)
`§102(a)(1), §102(a)(2)
`
`II.
`
`SUMMARY OF THE ’745 PATENT
`A. Brief Description
`The ’745 patent, entitled “Advanced Pulse Oximetry Sensor,” describes a
`
`2
`
`

`

`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`“non-invasive, optical-based physiological monitoring system….” APPLE-1001,
`
`Face, Abstract.
`
`B.
`Summary of the Prosecution History
`Masimo filed the application that issued as the ’745 Patent (16/835,772)
`
`(“’772 Application”) with a request for accelerated examination on March 30,
`
`2020, approximately three months after Masimo initiated its serial litigation
`
`campaign against Apple through its January 9, 2020 complaint in the U.S. District
`
`Court for the Central District of California (CDCA) (Case No. 8:20-cv-00048), and
`
`approximately seven months after Apple filed IPRs challenging claims of related
`
`U.S. Patent No. 10,470,695 (“’695 Patent”).1
`
`On May 4, 2020, only five weeks after Masimo filed the ’772 Application,
`
`and without having issued a single rejection, the examiner issued a notice of
`
`allowance. APPLE-1002, 147-153. Notably absent from that notice was any
`
`discussion whatsoever of art applied in Apple’s IPRs, including art on which the
`
`present Petition’s grounds are premised. Id.
`
`Also notable is the fact that, in a final written decision issued May 5, 2022,
`
`
`1 See, generally, IPR2020-01722, -01723. The ’772 Application claimed priority
`
`to the application from which the ’695 Patent issued (16/226,249), and
`
`incorporated that application by reference. APPLE-1001, 1:4-20
`
`3
`
`

`

`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`the Board went on to invalidate every challenged claim of the ’695 Patent based on
`
`art applied in Apple’s IPRs. Apple Inc. v. Masimo Corp., IPR2020-01722 Pap. 29,
`
`2 (PTAB May 5, 2022) (finding “claims 6, 14, and 21 of the ’695
`
`patent…unpatentable” based on grounds including Ackermans, Sarantos,
`
`Mendelson-1991, and Chin).
`
`There is no indication in the ’745 Patent’s file history that the examiner
`
`substantively considered any of the prior art applied in this Petition prior to
`
`allowing the ’772 Application. Instead, the notice of allowance limits its
`
`discussion to U.S. Patent Pub. No. 2014/0361147 (“Fei”) and U.S. Patent No.
`
`5,830,137 (“Scharf”). APPLE-1002, 147-153.
`
`The references and grounds of rejection applied in this Petition are
`
`materially different from those addressed by the examiner during prosecution.
`
`Further, this Petition compellingly demonstrates the obviousness of the Challenged
`
`Claims, including the claim features relied upon by the examiner in issuing the
`
`notice of allowance.
`
`C. Level of Ordinary Skill in the Art
`A person of ordinary skill in the art relating to, and at the time of, the
`
`invention of the ’745 Patent (“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
`
`4
`
`

`

`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`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, ¶¶18-20. 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.
`
`III. CLAIM CONSTRUCTION UNDER 37 C.F.R. §§ 42.104(b)(3)
`All claim terms should be construed according to the Phillips standard.
`
`Phillips v. AWH Corp., 415 F.3d 1303 (Fed. Cir. 2005); 37 C.F.R. §42.100. Apple
`
`submits that no claim terms need be construed to resolve issues of controversy in
`
`the present Petition. Wellman, Inc. v. Eastman Chem. Co., 642 F.3d 1355, 1361
`
`(Fed. Cir. 2011); APPLE-1003, ¶21.
`
`IV. THE CHALLENGED CLAIMS ARE UNPATENTABLE
`A. Ground 1A: Claims 2-3, 5-6, 8, 10-12, and 14 are obvious
`over Iwamiya in view of Sarantos
`1. Overview of Iwamiya
`Iwamiya discloses an “optical biological information detecting apparatus”
`
`which is a physiological monitoring device. APPLE-1004, Abstract. For example,
`
`Iwamiya describes that the “optical biological information detecting apparatus” is
`
`provided in “a central portion of the back cover” of “a wristwatch” (i.e., facing the
`
`wearer’s wrist). APPLE-1004, 5:54-66, FIG. 1. As shown in the following
`
`5
`
`

`

`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`annotated FIG. 4 from Iwamiya, the device includes LEDs 6 (shown in green) that
`
`emit light (orange) that is refected by the tissue of the wearer’s wrist (light pink)
`
`and detected by photodiodes 9 (yellow). APPLE-1003, ¶22:
`
`
`
`APPLE-1004, Detail of FIG. 4 (annotated)
`
`2. Overview of Sarantos
`Sarantos describes a “wristband-type wearable fitness monitor” that
`
`measures “physiological parameters” of the wearer, such as the person’s “heart
`
`rate” and “blood oxygenation levels.” APPLE-1005, 2:5-14, 5:55-59, 7:12-14,
`
`13:39-47. The monitor performs these measurements using a
`
`photoplethysmographic (PPG) sensor, which includes one or more light sources
`
`(e.g., LEDs) and an array of photodetectors. Id., 1:9-10, 43-47, 7:12-16, 15:23-43.
`
`Sarantos describes that when the monitor “is worn by a person in a manner similar
`
`6
`
`

`

`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`to a wristwatch, the back face” of the monitor “may be pressed against the person's
`
`skin, allowing the light sources” of the PPG sensor “to illuminate the person’s
`
`skin.” Id., 1:48-51, 7:12-23. The light “diffuses through the person's flesh and a
`
`portion of this light is then emitted back” (i.e., reflected) “out of the person's skin
`
`in close proximity to where the light was introduced into the flesh.”2 Id., 7:24-28;
`
`APPLE-1003, ¶23. The photodetector array of the PPG sensor measures the
`
`“intensity” of this reflected light, and provides signals representing the intensity to
`
`“control logic” of the monitoring device. APPLE-1005, 2:5-14, 7:12-23, 13:39-47.
`
`The control logic can then calculate different physiological parameters based on
`
`characteristics of the reflected light signal. Id., 1:54-56, 7:12-23. For example, the
`
`person’s heart rate can be calculated based on “fluctuations in the amount of light
`
`from the light source that is emanated back out of the flesh” that correspond
`
`fluctuations in blood volume associated with each beat of the person’s heart. Id.,
`
`7:23-60; APPLE-1003, ¶23.
`
`3.
`
`Analysis
`(a) Claim 1
`
`Element [1.0]
`In the combination, Iwamiya discloses an “optical biological information
`
`detecting apparatus” which is a physiological monitoring device. APPLE-1004,
`
`
`2 All emphasis added unless otherwise noted.
`
`7
`
`

`

`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`Abstract; APPLE-1003, ¶¶29-30. For example, Iwamiya describes that the “optical
`
`biological information detecting apparatus” is provided in “a central portion of the
`
`back cover” of “a wristwatch” (i.e., facing the wearer’s wrist). APPLE-1004, 5:54-
`
`66, FIG. 1. As shown in the following annotated FIG. 4 from Iwamiya, the device
`
`includes LEDs 6 (shown in green) that emit light (orange) that is refected by the
`
`tissue of the wearer’s wrist (light pink) and detected by photodiodes 9 (yellow).
`
`APPLE-1003, ¶29:
`
`
`
`APPLE-1004, Detail of FIG. 4 (annotated)
`
` Accordingly, the combination of Iwamiya and Sarantos renders obvious a
`
`“physiological monitoring device.”
`
`Element [1.1]
`In the combination, Iwamiya discloses “light emitting units 6” that are each
`
`8
`
`

`

`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`“composed of a light emitting diode (LED).” APPLE-1004, 6:7-11, 6:32-39,
`
`15:30-33, FIGS. 3-4, FIG. 12. The light emitting units 6 are shown in green in the
`
`following annotated FIG. 3 from Iwamiya:
`
`
`
`APPLE-1004, Detail of FIG. 3 (annotated)
`
`The light emitting units 6 “emit observation light of a specific wavelength
`
`band to optically observe a skin tissue of a human body.” Id., 6:7-11. The emitted
`
`observation light is in a first shape characterized by the specific location of each
`
`light emitting unit, e.g., the “3 o'clock” and “9 o'clock” positions as shown in
`
`FIGS. 3 and 4 of Iwamiya. See id., 6:7-11, 6:32-39, 15:30-33, FIGS. 3-4, FIG. 12;
`
`APPLE-1003, ¶¶31-33.
`
`Element [1.2]
`In the combination, Iwamiya describes that the physiological sensor includes
`
`9
`
`

`

`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`“an annular light guide unit 7 that guides the observation light emitted from the
`
`light emitting units 6 and annularly diffuses and irradiates the observation light
`
`with respect to a skin H.” APPLE-1004, 6:7-14, Fig. 4. The annular light guide
`
`unit 7 includes “a light guiding ring portion 11” formed “using a material such as
`
`transparent glass or a transparent resin with a high light transmitting property.”
`
`Id., 6:40-45. The annular light guide unit 7 also includes “a diffusion/irradiation
`
`ring portion 12” that is “formed in almost a ring shape, using a clouded or milky
`
`resin with a light diffusing property.” Id., 6:40-42, 7:4-6. The following annotated
`
`FIGS. 2 and 4 from Iwamiya show top and cross-section views of physical
`
`monitoring device the annular light guide unit 7 (annotated in teal). APPLE-1003,
`
`¶34:
`
`APPLE-1004, Detail of FIG. 2 (annotated)
`
`10
`
`
`
`

`

`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`
`APPLE-1004, Detail of FIG. 4 (annotated)
`
`
`
`Annular light guide unit 7 changes the shape of the light emitted from
`
`individual light emitting units 6 to an annular shape (a second shape) and causes
`
`the light to irradiate an annular portion of tissue. Id., 11:55-12:36. As shown in
`
`the following annotated FIG. 4 from Iwamiya, the light from the light emitting
`
`units (the orange arrows) irradiates “an irradiation area E” in the user tissue
`
`“having a ring shape” (shown in yellow). Id., 7:61-65; APPLE-1003, ¶¶35-37:
`
`
`
`11
`
`

`

`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`APPLE-1004, Detail of FIG. 4 (annotated)
`
`As previously discussed (see [1.0], supra), Iwamiya’s physiological sensor
`
`in Figure 4 is a wristwatch. See, e.g., APPLE-1004, 6:22-31. Therefore, annular
`
`light guide unit 7 is positioned between light emitting units 6 and tissue on the
`
`wrist, as shown in annotated FIG. 4 below:
`
`APPLE-1004, Detail of FIG. 4 (annotated)
`
`
`
`Element [1.3]
`In the combination, Iwamiya describes that the physical monitoring device
`
`includes a plurality of photodiodes. APPLE-1004, 14:36-41 (disclosing “plural
`
`light receiving units 9”), 8:20-23 (stating that each unit is “composed of a silicon
`
`photo diode”). The photodiodes are configured to detect light after the light passes
`
`through tissue and output a signal responsive to the detected light, which is used to
`
`determine a physiological parameter of a user. See APPLE-1004, 9:28-32 (“the
`
`observation light emitted from the light emitting unit 6 is irradiated onto the skin H
`
`12
`
`

`

`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`and the scattered light thereof is received by the light receiving unit 9” which
`
`“outputs a current signal according to the amount of received light”), 8:61-9:7
`
`(describing “convert[ing] a current signal output from the light receiving unit 9”
`
`into a “voltage signal” and then displaying resulting biological information);
`
`APPLE-1003, ¶¶38-40.
`
`The following annotated FIG. 4 from Iwamiya shows that the light (shown
`
`as orange arrows) emitted by the light emission units 6 (in green) is reflected by
`
`the tissue H (in light pink) and received by the photodiodes 9 (in yellow). APPLE-
`
`1003, ¶39:
`
`APPLE-1004, Detail of FIG. 4 (annotated)
`
`Element [1.4]
`In the combination, Iwamiya describes a “light shielding frame 18”
`
`
`
`surrounding the photodiodes 9. APPLE-1004, 8:38-47, FIG. 4; APPLE-1003,
`
`¶¶41-44. As shown in FIG. 4 from Iwamiya, the light shielding frame 18 (shown
`
`in pink) is positioned between the photodiodes 9 (in yellow) and the tissue (in light
`
`13
`
`

`

`pink):
`
`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`
`APPLE-1004, Detail of FIG. 4 (annotated)
`
`
`
`Also in the combination, Sarantos discloses a wrist-worn reflectance-based
`
`physiological sensor that has a dark-colored coating 2276 to block light. APPLE-
`
`1005, 5:55-58, Fig. 22; APPLE-1003, ¶42. Sarantos also discloses that light source
`
`2208 emits light through a window into a user’s skin, wherein the light is reflected
`
`back to the sensor and detected by photodetector elements 2212. APPLE-1005,
`
`17:16-25. The light travels through openings 2226 in the dark-colored coating
`
`2276 applied to window 2278. Id.; APPLE-1003, ¶42. Specifically, Sarantos
`
`discloses that “in-mold label 2276 may be black or otherwise rendered opaque to
`
`light to prevent light from entering or exiting the PPG sensor through the window
`
`2278 except through window regions 2226.” APPLE-1005, 17:1-16. Sarantos
`
`14
`
`

`

`Attorney Docket No. 50095-0045IP3
`IPR of U.S. Patent No. 10,687,745
`explains that various masking techniques may be used to block stray light from
`
`reaching the photodetector elements 2212, including “a painted or silk-screened
`
`mask” applied to the window 2278. Id.
`
`A POSITA would have been motivated to employ an in-mold label or other
`
`black or opaque material as disclosed by Sarantos in the light shielding frame 18 of
`
`Iwamiya to serve the purpose indicated by the component’s name: shielding the
`
`photodiodes 9 from stray light, and thereby ensuring accuracy of the sensor.
`
`APPLE-1003, ¶¶43-44; see, e.g., APPLE-1004, 8:38-47, FIG. 4; APPLE-1005,
`
`5:55-58, 17:1-25, FIG. 22. A POSITA would have understood that a dark-colored
`
`coating, such as that described by Sarantos, would have served this purpose by not
`
`only blocking light but also by limiting reflections, which could lead to stray light
`
`being incident on the photodiodes 9. It also would have been obvious to a
`
`POSIT