IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`Ammar Al-Ali
`In re Patent of:
`10,687,745 Attorney Docket No.: 50095-0045IP4
`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. 50095-0045IP4
`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 ............................................................. 5 
`III.  CLAIM CONSTRUCTION UNDER 37 C.F.R. §§ 42.104(b)(3) .................. 6 
`IV.  THE CHALLENGED CLAIMS ARE UNPATENTABLE ............................ 6 
`A.  Ground 1A: Claims 2, 5-6, 8, 10-12, 17, and 19 are obvious over
`Ackermans in view of Savant ................................................................... 6 
`1.  Overview of Ackermans .................................................................. 6 
`2.  Overview of Savant ......................................................................... 9 
`3. 
`The combination of Ackermans and Savant ................................. 10 
`4. 
`Reasons to combine Ackermans and Savant ................................. 10 
`5.  Analysis ......................................................................................... 12 
`B.  Ground 1B: Claims 3-4 and 21-26 are obvious over Ackermans and
`Savant in view of Venkatraman .............................................................. 38 
`1.  Overview of Venkatraman ............................................................ 38 
`2. 
`The combination of Ackermans, Savant, and Venkatraman ......... 39 
`3. 
`Reasons to combine Ackermans, Savant, and Venkatraman ........ 40 
`4.  Analysis ......................................................................................... 42 
`C.  Ground 1C: Claims 13-14 are obvious over Ackermans in view of
`Savant and Sarantos ................................................................................ 52 
`1.  Overview of Sarantos .................................................................... 52 
`2. 
`The combination of Ackermans, Savant, and Sarantos ................ 53 
`3. 
`Reasons to combine Ackermans, Savant, and Sarantos ................ 58 
`4.  Analysis ......................................................................................... 60 
`PTAB DISCRETION SHOULD NOT PRECLUDE INSTITUTION .......... 63 
`A.  314(a) – Fintiv......................................................................................... 63 
`B.  314(a) – General Plastic ......................................................................... 65 
`C.  325(d) – Advanced Bionics ..................................................................... 67 
`VI.  MANDATORY NOTICES UNDER 37 C.F.R. §42.8 .................................. 70 
`A.  Real Parties-In-Interest Under 37 C.F.R. §42.8(b)(1) ............................ 70 
`B.  Related Matters Under 37 C.F.R. §42.8(b)(2) ........................................ 70 
`
`V. 
`
`i
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`

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`Attorney Docket No. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`C.  Lead And Back-Up Counsel Under 37 C.F.R. §42.8(b)(3) .................... 71 
`D.  Service Information ................................................................................ 71 
`VII.  PAYMENT OF FEES – 37 C.F.R. §42.103 .................................................. 72 
`VIII.  CONCLUSION .............................................................................................. 72 
`
`
`
`
`
`ii
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`Attorney Docket No. 50095-0045IP4
`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
`
`

`

`APPLE-1017
`
`APPLE-1018
`
`Attorney Docket No. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`U.S. Pat. No. 10,470,695 (the “’695 patent”)
`
`Apple v. Masimo, Case No. IPR2020-01722, Paper 29 (Final
`Written Decision) (PTAB May 5, 2022) (the “’695 FWD”)
`
`APPLE-1019 – APPLE-1030 RESERVED
`
`APPLE-1031
`
`Masimo Corporation, et al. v. Apple Inc., Redacted Complaint,
`ITC Inv. No. 337-TA-1276
`
`
`APPLE-1032
`
`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. 50095-0045IP4
`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 that Apple will prevail with
`
`respect to at least one of the Challenged Claims. Accordingly, Apple 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. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`
`Claims
`2, 5-6, 8, 10-12,
`17, 19
`3-4, 21-26
`
`13-14
`
`Basis for Rejection (35 U.S.C. § 103)
`§103 over Ackermans and Savant
`
`§103 over Ackermans, Savant, and
`Venkatraman
`§103 over Ackermans, Savant, and Sarantos
`
`
`
`Ground
`1A
`
`1B
`
`1C
`
`
`
`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
`
`Date
`
`Ackermans
`Savant
`Venkatraman
`Sarantos
`
`5/5/2011 (published)
`12/12/2000 (issued)
`4/7/2015 (issued)
`5/28/2015 (filed)
`
`35 U.S.C. §102
`Prior Art Basis
`102(a)(1), (a)(2)
`102(a)(1), (a)(2)
`102(a)(1), (a)(2)
`102(a)(2)
`
`
`
`II.
`
`SUMMARY OF THE ’745 PATENT
`A. Brief Description
`The ’745 Patent, entitled “Advanced Pulse Oximetry Sensor,” describes a
`
`“non-invasive, optical-based physiological monitoring system….” APPLE-1001,
`
`Face, Abstract.
`
`2
`
`

`

`Attorney Docket No. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`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,
`
`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,
`
`
`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. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`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.
`
`For example, all Challenged Claims depend from a claim that recites some
`
`form of the following limitation: a “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” or “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.” See, e.g., APPLE-1001, Claims 1, 15. The ’745 specification
`
`4
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`

`

`Attorney Docket No. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`makes clear that these limitations describe a diffuser. See, e.g., id., 3:5-15. In
`
`Apple’s prior IPR of Masimo’s ’695 patent (of which the ’745 Patent is a
`
`continuation), the Board invalidated as obvious a claim reciting the addition of “a
`
`diffuser which receives, spreads, and emits the spread light, wherein the emitted
`
`spread light is directed at the tissue measurement site” to a “physiological
`
`monitoring device” nearly identical to that recited in the Challenged Claims. See,
`
`e.g., APPLE-1017, claim 6; APPLE-1018, 21-30 (final written decision finding
`
`above claim of the ’695 patent obvious over multiple combinations of art,
`
`including one based on the Ackermans reference).2
`
`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
`
`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
`
`
`2 All emphasis added unless otherwise indicated.
`
`5
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`

`

`Attorney Docket No. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`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)
`Petitioner submits that 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. Here, based on the evidence below and the prior art’s description
`
`of the claimed elements being similar to that of the ’745 Patent specification, 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).
`
`APPLE-1003, ¶21.
`
`Furthermore, Apple is not conceding that each challenged feature satisfies
`
`all statutory requirements such as 35 U.S.C. § 112. As this is an IPR petition,
`
`Apple is pursuing prior art-based grounds. Apple is not waiving any arguments
`
`concerning other grounds that can only be raised in district court.
`
`IV. THE CHALLENGED CLAIMS ARE UNPATENTABLE
`A. Ground 1A: Claims 2, 5-6, 8, 10-12, 17, and 19 are obvious
`over Ackermans in view of Savant
`1. Overview of Ackermans
`Ackermans describes an optical sensor 10 for measuring the blood
`
`oxygenation levels of a user. APPLE-1011, Abstract, 1, 2-5. As shown in FIGS. 1
`
`6
`
`

`

`Attorney Docket No. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`and 2 below, the optical sensor 10 includes “at least one light emitter (20) for
`
`emitting light (21) directed to a part of the skin (50) of a patient and at least one
`
`photo-detector (30) for detecting light (31) reflected from the skin (50). A housing
`
`(40) for carrying the at least one light emitter (20) and the at least one photo-
`
`detector (30) is provided, where the housing (40) has a contact area with the skin
`
`(50).” APPLE-1011, Abstract, 4:22-25.
`
`APPLE-1011, FIG. 1 (annotated)
`
`
`
`7
`
`

`

`Attorney Docket No. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`
`APPLE-1011, FIG. 2 (annotated)
`
`
`
`In the example shown in FIG. 7, Ackermans’ optical sensor 10 is
`
`implemented within a wristwatch for placement on a user at a tissue measurement
`
`site. APPLE-1011, 10:29-35.
`
`
`
`
`
`
`APPLE-1011, FIG. 7 (annotated)
`
`
`
`The frame 90 of the wristwatch is attachable to the skin 50 of a patient with
`
`an elastic band. APPLE-1011, 10:29-35. The “optical sensor 10 is positioned at
`
`8
`
`

`

`Attorney Docket No. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`the center of the frame” 90. Id. Sensor 10 can be used to obtain physiological
`
`measurements such as blood oxygen levels (e.g., arterial oxygen saturation levels)
`
`and heart rates. APPLE-1011, 6:15-18, 1:8-18, 13:10-12 (claim 6). “Electrical
`
`signals from the at least one photo-detector are processed [by electrical elements]
`
`in order to determine an oximetry value.” Id., 3:10-12, 8:25-9:2, 10:3-10; APPLE-
`
`1003, ¶¶22-24.
`
`2. Overview of Savant
`Savant, titled “High Efficiency Monolithic Glass Light Shaping Diffuser and
`
`Method of Making,” describes a “light shaping diffuser (LSD)” which “is a type of
`
`diffuser used in a variety of illuminating, imaging, and light projecting
`
`applications.” APPLE-1012, 1:16-19. “A LSD is a transparent or translucent
`
`structure having an entrance surface, an exit surface, and light shaping structures
`
`formed on its entrance surface and/or in its interior.” Id., 1:19-22. The “light
`
`shaping structures diffract light passing through the LSD so that the beam of light
`
`emitted from the LSD's exit surface exhibits a precisely controlled energy
`
`distribution along horizontal and vertical axes.” Id., 1:30-33. Savant describes
`
`that “LSDs can be used to shape a light beam so that over 90% (and up to 95%-
`
`98%) of the light beam entering the LSD is directed towards and into contact with
`
`a target located downstream of the LSD.” Id., 1:34-37. “A LSD can be made to
`
`collect incoming light and either (1) distribute it over a circular area from a
`
`9
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`

`

`Attorney Docket No. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`fraction of a degree to over 100°, or (2) send it into an almost unlimited range of
`
`elliptical angles.” Id., 1:37-40. Savant describes that LSDs “exhibit a high degree
`
`of versatility because they may be employed with light from almost any source,
`
`including LEDs, daylight, a tungsten halogen lamp, or an arc lamp.” Id., 1:49-51.
`
`LSD’s can also be used to “control the angular spread of transmitted light.” Id.,
`
`6:16-17; APPLE-1003, ¶25.
`
`3.
`The combination of Ackermans and Savant
`In the combination, the optical sensor 10 of Ackermans is modified to
`
`incorporate a light-shaping diffuser, such as those taught by Savant, between its
`
`emitters and the tissue measurement site. APPLE-1011, Abstract, 4:22-25, FIG. 1;
`
`APPLE-1012, 1:16-51, 6:16-17; APPLE-1003, ¶29.
`
`4.
`Reasons to combine Ackermans and Savant
`A POSITA would have been motivated and found it obvious to modify
`
`Ackermans to incorporate a light-shaping diffuser, such as those taught by Savant,
`
`between its emitters and the tissue measurement site in order to more precisely
`
`control the distribution of light from the emitters across the tissue measurement
`
`site. APPLE-1003, ¶¶30-33. As described by Savant, a light-shaping diffuser
`
`provides precise control over the shape of the exiting light. APPLE-1012, 1:37-40
`
`(a light-shaping diffuser “can be made to collect incoming light and either (1)
`
`distribute it over a circular area from a fraction of a degree to over 100°, or (2)
`
`10
`
`

`

`Attorney Docket No. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`send it into an almost unlimited range of elliptical angles”). Such precise control
`
`would allow Ackermans’ device to be calibrated to increase the amount of
`
`reflected light received by the photodiodes by precisely controlling the area of the
`
`tissue site being illuminated, thereby leading to more received light and a higher
`
`signal-to-noise ratio. APPLE-1011, Abstract, 4:22-25, FIG. 1; APPLE-1012, 1:16-
`
`51, 6:16-17; APPLE-1003, ¶30. Use of a light-shaping diffuser would also enable
`
`different spatial configurations of photodiodes to be utilized in the optical sensor
`
`by allowing the distribution of light to be modified based on the specific diffuser
`
`chosen. See id.
`
`Further, a POSITA would have found it obvious to modify Ackermans based
`
`on Savant’s teachings because doing so entails the use of known solutions to
`
`improve similar systems and methods in the same way. APPLE-1003, ¶31. Here,
`
`“when a patent ‘simply arranges old elements with each performing the same
`
`function it had been known to perform’ and yields no more than one would expect
`
`from such an arrangement, the combination is obvious.” KSR Int’l Co. v. Teleflex
`
`Inc., 550 U.S. 398, 417 (2007). A POSITA would have recognized that applying
`
`Savant’s teachings to augment Ackermans would have led to predictable results
`
`without significantly altering or hindering the functions performed by Ackermans’
`
`system. APPLE-1003, ¶31.
`
`In fact, a POSITA would have been motivated to incorporate the well-
`
`11
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`

`Attorney Docket No. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`known techniques of Savant into Ackermans to achieve the predictable benefits
`
`described in Savant. APPLE-1003, ¶32; see, e.g., APPLE-1012, 1:16-51, 6:16-17.
`
`Indeed, a POSITA would have had a reasonable expectation of success
`
`incorporating Savant’s teachings into Ackermans, because Savant teaches that
`
`light-shaping diffusers are widely applicable to “almost any [light] source,
`
`including LEDs.” See APPLE-1012, 1:49-51; APPLE-1003, ¶32.
`
`Accordingly, for at least these reasons, augmenting Ackermans’ device
`
`based on the teachings of Savant would have been routine and straightforward to a
`
`POSITA, and it would have been clear that such a combination would predictably
`
`work and provide the expected results. APPLE-1003, ¶33.
`
`5.
`
`Analysis
`(a) Claim 1
`[1.0] A physiological monitoring device comprising:
`Ackermans describes an optical sensor 10 for measuring the blood
`
`oxygenation levels of a user. APPLE-1011, Abstract, 1, 2-5. As shown in FIGS. 1
`
`and 2 below, the optical sensor 10 includes “at least one light emitter (20) for
`
`emitting light (21) directed to a part of the skin (50) of a patient and at least one
`
`photo-detector (30) for detecting light (31) reflected from the skin (50). A housing
`
`(40) for carrying the at least one light emitter (20) and the at least one photo-
`
`detector (30) is provided, where the housing (40) has a contact area with the skin
`
`(50).” APPLE-1011, Abstract, 4:22-25; APPLE-1003, ¶34.
`
`12
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`

`

`Attorney Docket No. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`
`APPLE-1011, FIG. 1 (annotated)
`
`
`
`
`
`APPLE-1011, FIG. 2 (annotated)
`In the example shown in FIG. 7, Ackermans’ optical sensor 10 is
`
`implemented within a wristwatch for placement on a user at a tissue measurement
`
`site. APPLE-1011, 10:29-35; APPLE-1003, ¶35.
`
`13
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`

`

`Attorney Docket No. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`
`
`
`
`
`APPLE-1011, FIG. 7 (annotated)
`
`
`
`The frame 90 of the wristwatch is attachable to the skin 50 of a patient with
`
`an elastic band. APPLE-1011, 10:29-35. The “optical sensor 10 is positioned at
`
`the center of the frame” 90. Id. Sensor 10 can be used to obtain physiological
`
`measurements such as blood oxygen levels (e.g., arterial oxygen saturation levels)
`
`and heart rates. APPLE-1011, 6:15-18, 1:8-18, 13:10-12 (claim 6). “Electrical
`
`signals from the at least one photo-detector are processed [by electrical elements]
`
`in order to determine an oximetry value.” Id., 3:10-12, 8:25-9:2, 10:3-10; APPLE-
`
`1003, ¶¶36-37.
`
`Accordingly, Ackermans renders obvious “a wrist-worn physiological
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`monitoring device configured for placement on a user at a tissue measurement
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`site.” APPLE-1003, ¶37.
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`Attorney Docket No. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`[1.1] a plurality of light-emitting diodes configured to emit light in a first shape;
`As explained above with respect to [1.0], Ackermans describes an optical
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`sensor 10 that includes “at least one light emitter (20) for emitting light (21)
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`directed to a part of the skin (50) of a patient and at least one photo- detector (30)
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`for detecting light (31) reflected from the skin (50).” APPLE-1011, Abstract, 4:22-
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`25; APPLE-1003, ¶¶38-40.
`
`In more detail, Ackermans’ optical sensor 10 includes a light emission
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`source (emitter 20 with housing 46) comprising a plurality of emitters in the form
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`of LEDs that emit light at different wavelengths. APPLE-1011, 6:1-8. These
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`LEDs are configured to irradiate the tissue measurement site by emitting light 21
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`towards the tissue measurement site as shown in FIGS. 1, 3A, and 3B. Id., 6:1-8.
`
`Ackermans explains that emitted light enters the skin and photodetectors detect
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`light that reflects back from the skin. Id., 2:15-23, 6:1-8, 7:5-10, Abstract;
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`APPLE-1003, ¶39.
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`15
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`Attorney Docket No. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`
`APPLE-1011, FIG. 1 (annotated).
`
`
`
`
`
`APPLE-1011, FIGS. 3A, 3B (depicting the tissue measurement site and reflection
`therefrom).
`
`[1.2] 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;
`In the combination, Ackermans describes that the optical sensor 10 is
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`16
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`Attorney Docket No. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`implemented within a “wristwatch” that is “attachable to the skin 50 of a patient
`
`with an elastic band 92, for example an arm wrist.” APPLE-1011, 10:29-35;
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`APPLE-1003, ¶41.
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`Also in the combination, Savant describes a “light shaping diffuser (LSD)”
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`which “is a type of diffuser used in a variety of illuminating, imaging, and light
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`projecting applications.” APPLE-1012, 1:16-19. Savant describes that “LSDs can
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`be used to shape a light beam so that over 90% (and up to 95%-98%) of the light
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`beam entering the LSD is directed towards and into contact with a target located
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`downstream of the LSD.” Id., 1:34-37. “A LSD can be made to collect incoming
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`light and either (1) distribute it over a circular area from a fraction of a degree to
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`over 100°, or (2) send it into an almost unlimited range of elliptical angles.” Id.,
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`1:37-40. Savant describes that LSDs “exhibit a high degree of versatility because
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`they may be employed with light from almost any source, including LEDs,
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`daylight, a tungsten halogen lamp, or an arc lamp.” Id., 1:49-51. LSD’s can also
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`be used to “control the angular spread of transmitted light.” Id., 6:16-17; APPLE-
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`1003, ¶42.
`
`The following modified FIG. 1 from Ackermans shows the optical sensor 10
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`incorporating a light shaping diffuser, as described by Savant. APPLE-1003, ¶43:
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`
`
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`17
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`
`Attorney Docket No. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`
`
`APPLE-1011, FIG. 1 (annotated and modified to add light-shaping diffuser from
`Savant, shown in green)
`As previously discussed, a POSITA would have been motivated to
`
`implement a light-shaping diffuser, such as those described in Savant, in the
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`optical sensor 10 of Ackermans. See Section IV.A.3-4, supra; APPLE-1003, ¶¶44-
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`45.
`
`[1.3] 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;
`As explained above with respect to [1.0] and shown below in FIG. 1,
`
`Ackermans discloses at least one photo-detector (30) for detecting light (31)
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`Attorney Docket No. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`reflected from the skin (50). APPLE-1011, Abstract, 2:15-23, 4:22-25. “The [at
`
`least one] photo-detector 30 is circular in shape and mounted in the circular groove
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`formed by the base plate 45, the outer ring 41 and the inner ring 42.” Id. In some
`
`implementations, a plurality of detectors can be implemented as “small
`
`photodiodes that are arranged between the inner ring 43 and the outer ring 41.”
`
`Id., 6:9-15. As noted in [1.1], light emitted by the plurality of emitters enters the
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`skin, is attenuated, reflects back from the skin, and is subsequently detected by the
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`photodetectors, as shown in the following annotated figures from Ackermans. Id.,
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`2:15-23, 6:1-8, 7:5-10, Abstract; FIGS. 3A, 3B; APPLE-1003, ¶46:
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`
`
`
`
`APPLE-1011, FIG. 1 (annotated)
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`Attorney Docket No. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`
`
`APPLE-1011, FIGS. 3A, 3B (annotated, depicting the tissue measurement site and
`reflection therefrom).
`Ackermans further describes that each photodiode produces “[e]lectrical
`
`signals” representing detected light, which are then “processed in order to
`
`determine an oximetry value.” Id., 3:11-12; APPLE-1003, ¶¶47-48.
`
`[1.4] 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,
`As previously discussed (see [1.0], supra), in the combination, Ackermans’
`
`optical sensor 10 is implemented within a wristwatch for placement on a user at a
`
`tissue measurement site, as shown in FIG. 7. APPLE-1011, 10:29-35; APPLE-
`
`1003, ¶49.
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`20
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`Attorney Docket No. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`
`APPLE-1011, FIG. 7 (annotated)
`
`
`
`
`
`The frame 90 of the wristwatch is attachable to the skin 50 of a patient with
`
`an elastic band. APPLE-1011, 10:29-35. The “optical sensor 10 is positioned at
`
`the center of the frame” 90. Id. Ackermans further describes that “in addition to
`
`the elastic band 92, the frame 90 could be attached to the skin 50 by a medical
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`grade adhesive” (i.e., a coating). Id., 11:10-11. Ackermans describes that “the
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`adhesive could be transparent and fix the sensor 10 as well as the frame 90.” Id.,
`
`11:11-12. Ackermans also describes that “the adhesive could be provided with a
`
`central opening that leaves the vicinity of the sensor 10 on the skin blank and only
`
`fixes the frame 90.” Id., 11:12-15. In such a case, Ackermans teaches that “the
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`adhesive does not have to be transparent,” and thus is opaque or dark-colored.
`
`Id.; APPLE-1003, ¶¶50-51.
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`Attorney Docket No. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`[1.5] 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;
`As discussed above (see [1.4], supra), Ackermans describes that the sensor
`
`10 is attached to the user’s skin using a non-transparent adhesive (i.e., a dark-
`
`colored coating). Ackermans also describes that “the adhesive could be provided
`
`with a central opening that leaves the vicinity of the sensor 10 on the skin blank
`
`and only fixes the frame 90,” thereby allowing light reflected from the tissue to
`
`pass through. APPLE-1011, 11:12-15; APPLE-1003, ¶¶52-53.
`
`[1.6] 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
`As explained above with respect to [1.0], [1.3], Ackermans’ inner ring 43
`
`“shadows the photodetector 30 from emitted light 21” and operates as a light block
`
`that prevents light from the emitters 20 from being detected directly by the
`
`photodetectors 30 without attenuation by the user’s skin. APPLE-1011, 5:10-15.
`
`APPLE-1003, ¶¶54-56.
`
`In more detail, Ackermans’ inner ring 43 includes rim 44. Id., 4:25. As
`
`shown in FIGS. 1 and 2 below, a POSITA would have understood that the inner
`
`ring 43 and its rim 44 form a wall between the emitter 20 (light emission source)
`
`and the plurality of detectors 30. Id., 4:22-32, 6:22-31; APPLE-1003, ¶55. “Both
`
`the light emitter 20 and the photo-detector 30 are mounted recessed from the plane
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`22
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`Attorney Docket No. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`defined by the rims 42 and 44. As a result, the inner ring 43 prevents light emitted
`
`by the light emitter 20 from shining directly into the photo–detector 30.” Id.,
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`6:31-35; APPLE-1003, ¶55.
`
`
`
`APPLE-1011, FIGS. 1 (left) and 2 (right), (annotated)
`
`[1.7] 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.
`As previously discussed, Ackermans describes that the plurality of
`
`photodiodes produce “[e]lectrical signals” representing detected light, which are
`
`then “processed in order to determine an oximetry value” (i.e., a physiological
`
`parameter). APPLE-1011, 3:11-12; APPLE-1003, ¶57. Ackermans further
`
`describes an “electrical element” (i.e., a processor) for “receiving and processing
`
`the electrical signals of the photo-detectors.” APPLE-1011, 10:6-8; APPLE-
`
`1003, ¶¶57-58.
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`Attorney Docket No. 50095-0045IP4
`IPR of U.S. Patent No. 10,687,745
`
`(b) Claim 2
`[2.0] The physiological monitoring device of claim 1, wherein at least one of the
`plurality of light-emitting diodes