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`Case No. IPR2024-00621
`U.S. Patent No. 11,253,719
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`UNITED STATES PATENT AND TRADEMARK OFFICE
`__________________
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`__________________
`
`MITO RED LIGHT, INC.,
`Petitioner
`
`v.
`
`JOOVV, INC.,
`Patent Owner.
`
`__________________
`
`Inter Partes Review Case No. IPR2024-00621
`
`U.S. Patent No. 11,253,719
`__________________
`
`PETITION FOR INTER PARTES REVIEW UNDER 35 U.S.C. §§ 311-319
`AND 37 C.F.R. § 42
`
`__________________
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`
`
`
`March 5, 2024
`
`
`
`
`
`
`
`
`
`Exhibit No.
`1001
`1002
`1003
`1004
`1005
`1006
`1007
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`1008
`
`1009
`1010
`
`1011
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`1012
`1013
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`1014
`
`1015
`1016
`1017
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`Case No. IPR2024-00621
`U.S. Patent No. 11,253,719
`
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`LIST OF EXHIBITS
`
`Description
`U.S. Patent No. 11,253,719 (“the ’719 patent”)
`Declaration of Eric Bretschneider, Ph.D.
`Prosecution History File Wrapper of the ’719 patent
`U.S. Patent Publication No. 2019/0030359 A1 (“Dijkstra”)
`U.S. Patent Publication No. 2006/0237439A1 (“Norwood”)
`U.S. Patent No. 10,478,635 (Reexamined) (“the ’635 patent)
`Prosecution History File Wrapper of U.S. Patent No. 10,478,635
`(excerpts)
`Ex Parte Reexamination History of U.S. Patent No. 10,478,635
`(excerpts)
`U.S. Patent No. 10,639,495 (Reexamined) (“the ’495 patent)
`Prosecution History File Wrapper of U.S. Patent No. 10,639,495
`(excerpts)
`Ex Parte Reexamination History of U.S. Patent No. 10,639,495
`(excerpts)
`U.S. Patent No. 11,524,172 (“the ’172 patent)
`Prosecution History File Wrapper of U.S. Patent No. 11,524,172
`(excerpts)
`Patent Owner’s Preliminary Infringement Contentions, Exhibit 5
`(the ’719 patent) in Joovv, Inc. v Mito Red Light, Inc., Civil
`Action No. Case 2:23-cv-01084-MTL (D. Ariz.) (October 20,
`2023).
`U.S. Patent No. 6,314,699 B1 (“Tucker”)
`U.S. Patent Publication No. 2004/0127961 A1 (“Whitehurst”)
`U.S. Patent Publication No. US 2011/0054573 (“Mitchell”)
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` Case No. IPR2024-00621
`U.S. Patent No. 11,253,719
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`TABLE OF CONTENTS
`
`I.
`
`II.
`
`INTRODUCTORY STATEMENT .................................................... 1
`
`REQUIREMENTS FOR REVIEW UNDER 37 C.F.R.
`§42.104 .............................................................................................. 1
`
`A.
`
`B.
`
`C.
`
`D.
`
`Standing Under 37 C.F.R. §42.104(a) ...................................... 1
`
`Challenged Claims and Statutory Grounds under 37
`C.F.R. §42.104(a) ..................................................................... 1
`
`37 C.F.R. §42.104(b)(4): How the Construed Claims
`are Unpatentable. ..................................................................... 2
`
`37 C.F.R. §42.104(b)(5): Supporting Evidence ....................... 2
`
`III.
`
`THE ’719 PATENT ........................................................................... 2
`
`A.
`
`B.
`
`The ’719 Patent ........................................................................ 2
`
`Prosecution History of Related Patent ..................................... 3
`
`IV.
`
`THE PRIOR ART .............................................................................. 4
`
`A.
`
`B.
`
`Dijkstra: U.S. Patent Publication No. 2019/0020259 ............. 4
`
`Norwood: U.S. Patent Publication No. 2006/0237439 .......... 4
`
`V.
`
`37 C.F.R. §42.104(B)(3): CLAIM CONSTRUCTION ..................... 4
`
`VI.
`
`LEVEL OF ORGINARY SKILL ...................................................... 5
`
`VII. RECITATION OF THE CHALLENGED CLAIMS ......................... 5
`
`VIII. GROUND 1: CLAIMS 1, 2, 3, 9, 10, 11, 16, 17, 19 ARE
`OBVIOUS IN VIEW OF DIJKSTRA AND POSITA’S
`KNOWLEDGE ................................................................................. 5
`
`A.
`
`Overview: Dijkstra ................................................................ 5
`
`i
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`U.S. Patent No. 11,253,719
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`B.
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`C.
`
`D.
`
`E.
`
`F.
`
`G.
`
`H.
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`I.
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`J.
`
`Independent Claim 1 .............................................................. 7
`
`[1Preamble] ........................................................................... 7
`
`1.
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`2.
`
`3.
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`4.
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`5.
`
`6.
`
`Limitation [1a] ............................................................ 8
`
`Limitation 1[b] ............................................................ 10
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`Limitation 1[c] ............................................................ 12
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`Limitation 1[d] ............................................................ 13
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`Limitation 1[e] ............................................................ 14
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`Dependent Claim 2 ...................................................... 18
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`Dependent Claim 3 ................................................................ 22
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`Dependent Claim 9 ................................................................ 23
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`Dependent Claim 10 .............................................................. 25
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`Dependent Claim 11 .............................................................. 28
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`Dependent Claim 16 .............................................................. 30
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`Dependent Claim 17 .............................................................. 31
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`Dependent Claim 19 .............................................................. 34
`
`IX. GROUND 2: CLAIMS 1, 2, 3, 9, 10, 11, 16, 17, 19 ARE
`OBVIOUS IN VIEW OF DIJKSTRA, POSITA’S
`KNOWLEDGE AND NORWOOD ................................................... 36
`
`A.
`
`B.
`
`Overview. Of Norwood ......................................................... 36
`
`Independent Claim 1 .............................................................. 38
`
`1.
`
`[1Preamble] ................................................................ 38
`
`ii
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`U.S. Patent No. 11,253,719
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`2.
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`3.
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`4.
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`5.
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`6.
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`Limitation [1a] ........................................................... 38
`
`Limitation [1b] ........................................................... 39
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`Limitation 1[c] ........................................................... 40
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`Limitation 1[d] ........................................................... 40
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`Limitation 1[e] ........................................................... 40
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`Claim 2 .................................................................................. 45
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`Claim 3 .................................................................................. 45
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`Claim 9 .................................................................................. 45
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`Claim 10 ................................................................................ 45
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`Claim 11 ................................................................................ 49
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`Claim 16 ................................................................................ 49
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`Claim 17 ................................................................................ 50
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`Claim 19 ................................................................................ 51
`
`C.
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`D.
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`E.
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`F.
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`G.
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`H.
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`I.
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`J.
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`X.
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`DISCRETIONARY DENIAL IS UNWARRANTED ....................... 51
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`XI. CONCLUSTION .............................................................................. 55
`
`XII. FEES ................................................................................................. 55
`
`XIII. MANDATORY NOTICES UNDER 37 C.F.R. §42.8 ....................... 55
`
`A.
`
`B.
`
`Real Parties-in-Interest Under 37 C.F.R. §42.8(b)(1) .......... 55
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`Related Matters Under 37 C.F.R. §42.8(b)(2) ...................... 55
`
`iii
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`U.S. Patent No. 11,253,719
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`C.
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`Lead and Back-up Counsel Under 37 C.F.R.
`§42.8(b)(3) ........................................................................... 56
`
`XIV. SERVICE INFORMATION UNDER 37 C.F.R. §42.8(B)(4) ........... 57
`
`iv
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`I.
`
`INTRODUCTORY STATEMENT
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`Case No. IPR2024-00621
`U.S. Patent No. 11,253,719
`
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`Mito Red Light, Inc. (“Petitioner”) petition for Inter Partes Review (“IPR”)
`
`under 35 U.S.C. §§311-319 and 37 C.F.R. §42.100 et seq. of claims 1, 2, 3, 9, 10,
`
`11, 16, 17, 19 of U.S. Patent No. 11,253,719 (“the ’719 patent”) (Ex-1001),
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`assigned to JOOVV, Inc. (“Patent Owner”). Because it is reasonably likely that
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`Petitioner will prevail on at least one challenged claim, the PTAB should institute
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`review. See 35 U.S.C. §314(a).
`
`II. REQUIREMENTS FOR REVIEW UNDER 37 C.F.R. §42.104
`
`A.
`
`Standing Under 37 C.F.R. §42.104(a)
`
`Petitioner certifies the ’719 patent is eligible for IPR and Petitioner is not
`
`barred or estopped from requesting IPR.
`
`B. Challenged Claims and Statutory Grounds Under 37 C.F.R.
`§42.104(b)(1)-(2)
`Petitioner requests IPR and cancellation of claims 1, 2, 3, 9, 10, 11, 16, 17,
`
`19 of the ’719 patent on the following grounds.1
`
`
`
`
`1 References to 35 U.S.C. §§ 102 and 103 are to the post-AIA versions.
`
`
`
` 1
`
`
`
`Ground
`
`1
`
`2
`
`C.
`
`Basis References
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`Case No. IPR2024-00621
`U.S. Patent No. 11,253,719
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`Challenged Claims
`
`1, 2, 3, 9, 10, 11, 16,
`17, 19
`1, 2, 3, 9, 10, 11, 16,
`17, 19
`
`§103 US 2019/0030359 A1 to Dijkstra and
`POSITA’s Knowledge2
`§103 US 2019/0030359 to Dijkstra,
`POSITA’s Knowledge and
`2006/0237439 A1 to Norwood
`37 C.F.R. §42.104(b)(4): How the Construed Claims are
`Unpatentable
`An explanation of how claims 1, 2, 3, 9, 10, 11, 16, 17, 19 are unpatentable
`
`is set forth below.
`
`D.
`
`37 C.F.R. §42.104(b)(5): Supporting Evidence
`
`Petitioner relies upon the evidence in the List of Exhibits, including the
`
`Declaration of Eric Bretschneider, Ph.D. (Ex. 1002).3
`
`III. THE ’719 PATENT
`
`A. Overview of the ’719 Patent
`
`The application for the ’719 patent was filed on October 10 2019, and issued
`
`on February 22, 2022. Ex. 1001, (22), (45). The ’719 patent claims priority to
`
`nonprovisional application 16/227,289 filed on December 20, 2018. Ex. 1001,
`
`(63). The patent is entitled Photobiomodulation Therapy Systems and Methods.”
`
`Ex. 1001, (54). The patent relates to “a therapy technique that uses low-level
`
`
`2 As used herein, “POSITA’s knowledge” refers to a POSITA’s general knowledge.
`3 To avoid clutter, citations to the expert declaration are included at the end of
`paragraphs and are intended to apply to all sentences in the paragraph.
`
`
`
` 2
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`
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`wavelengths of light to improve health and treat a variety of health conditions….
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`U.S. Patent No. 11,253,719
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`This treatment stimulates the body’s natural healing processes.” Ex. 1001, 1:43-50.
`
`The patent discloses that “there is a need for photobiomodulation therapy systems
`
`that can treat several areas in fewer treatments” and existing “systems used are not
`
`big enough to treat the entire body at once.” Ex 1001, 1:54-55; 5:2-3. The patent
`
`presents a solution where two or more light therapy devices [are] communicatively
`
`coupled together to form a light therapy system. In so doing, the area of treatment
`
`can be expanded to reduce the time and number of treatments to achieve the
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`desired results.” Ex. 1001, 5:4-8; Ex. 1002, ¶75.
`
`The prosecution history does not impact the Petition’s arguments. Ex-1002,
`
`¶¶76-79.
`
`B.
`
`Prosecution History of Related Patents
`
`The ’719 patent is related to three patents, U.S. Patent Nos. 10,478,635 (“the
`
`’635 patent”), 10,639,495 (“the ’495 patent”), and 11,524,172 (“the ’495 patent”)
`
`and shares the same specification. The prosecution and reexamination histories
`
`and of these three patents are highly relevant to Petitioner’s arguments. Ex. 1001,
`
`(63). In particular, the Dijkstra and Norwood references, raised in Grounds 1 and 2,
`
`were applied in the ex parte reexaminations of the ’635 and ’495 patents and
`
`during the original prosecution of the ’172 patent. In each instance, as discussed
`
`herein, the Patent Owner/applicant made admissions regarding the disclosure and
`
`
`
` 3
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`
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`teachings of Dijkstra and Norwood references that are highly relevant to the
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`Petitioner’s argument. Ex. 1002, ¶¶80-131.
`
`IV. THE PRIOR ART
`
`A. Dijkstra: U.S. Patent Publication No. 2019/0030359 A1
`
`US 2019/0030359 A1 to Dijsktra (“Dijsktra”) is prior art under 35 U.S.C.
`
`§102(a)(2) because it was filed October 2, 2018. Ex. 1004, (22); Ex. 1002, ¶132.
`
`B. Norwood: U.S. Patent Publication No. 2006/0237439
`
`US 2006/0237439 A1 to Norwood (“Norwood”) is prior art under 35 U.S.C.
`
`§102(a)(2) because was filed as a PCT application on February 9, 2004 and
`
`published on October 26, 2006. Ex. 1005, (22), (65). US 2006/0237439 A1 to
`
`Norwood (“Norwood”) issued as U.S. Patent No. 7,932,482 on April 26, 2011.
`
`Citations herein are to the US 2006/0237439 A1. Ex. 1002, ¶133.
`
`V.
`
`37 C.F.R. §42.104(B)(3): CLAIM CONSTRUCTION
`
`Terms should be given their plain meaning. The parties have agreed to the
`
`construction of the following terms in Case No. 2:23-cv-01084-MT, ECF #54,
`
`currently pending in the District of Arizona:
`
`Claim Term
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`Switch
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`Agreed Construction
`
`An interactive interface
`
`Petitioner reserves the opportunity to respond to constructions offered by
`
`
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` 4
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`
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`Patent Owner or adopted by the Board.
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`VI. LEVEL OF ORDINARY SKILL
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`Case No. IPR2024-00621
`U.S. Patent No. 11,253,719
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`A person of ordinary skill in the art (“POSITA”) at the time of the alleged
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`invention of the ’376 patent would be an individual with a bachelor’s degree in an
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`engineering field (e.g., mechanical, chemical, electrical or materials science) and at
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`least two years of design experience with LED panel lighting or display products.
`
`Because the focus of the patent is related to mechanical and electrical product
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`design issues and advanced degree would not reduce the required amount of
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`product design experience. Ex. 1002 ¶¶ 52-70.
`
`VII. RECITATION OF THE CHALLENGED CLAIMS
`
`A recitation of the challenged claims is provided in Appendix A.
`
`VIII. GROUND 1: CLAIMS 1, 2, 3, 9, 10, 11, 16, 17, 19 ARE OBVIOUS IN
`VIEW OF DIJKSTRA AND POSITA’S KNOWLEDGE
`A. Overview: Dijkstra
`
`Dijkstra discloses “a light therapy system [] having two or more light
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`therapy devices to provide maximum or full body treatment with minimum user
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`intervention and body movement. Ex. 1001, [0017]. Dijkstra teaches that the light
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`therapy devices are arranged around the treatment subject for maximum exposure
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`to therapeutic light and are communicatively couple together. Ex. 1001, [0099,
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`0101]; Ex. 1002, ¶135.
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`Dijkstra discloses the use of both red and infrared light therapy wavelengths
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`may be use for treatment. Ex. 1001, [0063, 0067]. Dijkstra teaches that the
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`multiple light devices establish wired or wireless connection and synchronize for
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`treatment. To further the goal of providing “full body treatment by using different
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`type of light therapies according to internal and external body conditions or
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`diseases,” Dijkstra describes each therapy light device may be configured to
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`operate in either a lead mode and a follow mode “where one device or process has
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`unidirectional control over one or more devices.” Ex. 1004, [0011, 0099, 0101].
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`In this “master-slave model,” “the master light therapy device has a controlling
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` 6
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`unit which is controlling the all-[sic] other slave light therapy devices, each of the
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`slave light therapy devices is having a communication module to communicate
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`with the master light therapy device and a light projection unit works as per the
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`master light therapy device input.” Ex. 1004, [0011]. Dijkstra also describes “a
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`touchscreen display mounted on the outer surface of the light therapy device acting
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`as an input unit, in which the user can manually select and prioritize the external
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`body condition and/or the internal body condition based upon his/her own
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`intellect.” Ex. 1004, [0090]. This touchscreen allows “the user can determine the
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`type of treatment required for a particular body condition and can also determine
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`the time and intensity required for the treatment.” Ex. 1004, [0090]; Ex. 1002,
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`¶136.
`
`B.
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`Independent Claim 1
`
`Claim 1 is rendered obvious by Dijkstra and POSITA’s knowledge. Ex.
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`1002, ¶137.
`
`C.
`
` [1Preamble] 4
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`To the extent the preamble is limiting, Dijkstra discloses a method for
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`providing a light therapy treatment. Ex. 1004, [0001], [0096]. The ’719 patent
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`teaches that “[p]hotobiomodulation therapy (or light therapy) is a therapeutic
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`4 Petitioner addresses preambles herein to the extent they are limiting.
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` 7
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`technique that uses low-level wavelengths of light to improve health and treat a
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`U.S. Patent No. 11,253,719
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`variety of health conditions, including skin issues, such as wrinkles, scars, and
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`persistent wounds, among many other conditions.” Ex. 1001, at 1:42-45. Thus, the
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`’719 patent is directed therapeutic techniques using light to treat that least skin
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`issues. Ex. 1002, ¶138.
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`Notably, the Examiners in the reexamination of the ’635 and ’495 patents
`
`and the prosecution of the ’172 patent, also found that Dijkstra discloses a light
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`therapy treatment device. Ex. 1002, ¶140.
`
`1.
`Limitation [1a]
`Dijkstra discloses providing a first light therapy device comprising a first
`
`housing and a first plurality of lights configured to emit at least one of red light and
`
`near infrared light. Referring to Figure 1, the ’719 patent describes that “the first
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`light therapy device 12a may have a first housing 14a, a first plurality of lights 16a,
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`and a first communication module 24a” and “[i]n some embodiments, the first
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`plurality of lights 16 a may be red lights, near infrared lights, or some combination
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`of red lights and near infrared lights.” Ex. 1001, 5:16-21; Ex. 1002, ¶142.
`
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` 8
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`Dijkstra shows in Figs, 1, 2, 8 and 9 a light therapy system, comprising a
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`first light therapy device (200) comprising a first housing (210) and a first plurality
`
`of lights arranged and configured to emit red light or near-infrared light. Ex. 1004
`
`[0019, 0129, 0133]. Dijkstra discloses that the light therapy device can emit light
`
`in a range of 100-1600 nm wavelength. Ex. 1004 [0063, 0067]. This wavelength
`
`range includes red light and near -infrared light; wavelengths in the range of 800-
`
`1072 nm (Ex. 1004, [0037]), which is in the near-infrared range; wavelengths in
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`the range of 632-904 nm and 660-nm - 905 nm (Ex. 1004, [0129]) which includes
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`the red light range and the near-infrared range and wavelength of 1072 nanometers
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`
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` 9
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`
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`(Ex. 1004, [0130]) which is in the near-infrared range. Ex. 1002, ¶143.
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`U.S. Patent No. 11,253,719
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`In all three related patent prosecutions, the Examiners found that Dijkstra
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`discloses a first light therapy device comprising a first housing and a first plurality
`
`of lights configured to emit at least one of red light and near infrared light. Ex.
`
`1002, ¶144.
`
`2.
`Limitation 1[b]
`Dijkstra discloses a second light therapy device comprising a second
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`housing and a second plurality of lights configured to emit at least one of red light
`
`and near infrared light. The ’719 patent describes “the second light therapy device
`
`
`
` 10
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`
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`12b may include a second housing 14b, a second plurality of lights 16b, and a
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`second communication module 24b. The second plurality of lights 16b may be
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`mechanically coupled to the second housing 14b. In some embodiments, the
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`second plurality of lights 16b may be red lights, near infrared lights, or some
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`combination of red lights and near infrared lights.” Ex. 1001, 5:26-35. Dijkstra
`
`shows in Figs. 8 and 9 a light therapy system, comprising at least two light therapy
`
`devices (200), each with a housing (210) and configured to emit red and near-
`
`infrared light. Ex. 1004 [0019, 0063, 0067, 0129, 0133]. Dijkstra teaches that each
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`light device is identical. Ex. 1001, [0096]; Ex. 1002, ¶¶146-147.
`
`In all three related patent prosecutions, the Examiners found that Dijkstra
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`
`
`
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` 11
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`
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`discloses a first light therapy device comprising a second light therapy device
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`comprising a second housing and a second plurality of lights configured to emit at
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`least one of red light and near infrared light. Ex. 1002, ¶148.
`
`3.
`Limitation 1[c]
`Dijkstra discloses communicatively coupling the first light therapy device
`
`directly to the second light therapy device. Dijkstra discloses communicatively
`
`coupling the first light therapy device directly to the second light therapy device.
`
`The ’719 patent describes a “the light therapy system 10 having a second light
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`therapy device 12b, which is communicatively coupled to the first light therapy
`
`device 12a.” Ex. 1001, 5:25-28. The ’719 patent explains that “the light therapy
`
`devices 12 are communicatively coupled to each other. In this regard, the first
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`therapy device 12a may be communicatively coupled to the second light therapy
`
`device 12b whereby either of the devices 12 is able to control the other respective
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`device 12. Such functionality may allow one or more light devices 12 to act as one
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`cohesive system to more effectively provide treatment for a patient.” Ex. 1001,
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`5:39-46; Ex. 1002, ¶150.
`
`Dijkstra teaches that the second light therapy device is configured to
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`communicatively couple to the first light therapy device via either a wired or
`
`wireless connection. Ex. 1004, [0099, 0101]. Like the ’719 patent, Dijkstra
`
`explicitly allows the devices to synchronize. Ex. 1004, [0096, 0099] (“The first
`
`
`
` 12
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`
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`and second device establish a connection through wired or wireless means with
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`each other in order to work in synchronization.”) Dijkstra describes that the
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`communicative coupling can be used to establish in master-slave operations where
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`“[a]ll the light therapy devices including master light therapy device and slave light
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`therapy devices are linked with each other and forming a peer to peer network. In
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`this, the master light therapy device has a controlling unit which is controlling the
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`other slave light therapy devices, each of the slave light therapy devices is having a
`
`communication module to communicate with the master light therapy device and a
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`light projection unit works as per the master light therapy device input.” Ex. 1004,
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`[0099)]; Ex. 1002, ¶151.
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`In all three related patent prosecutions, the Examiners found that Dijkstra
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`discloses communicatively coupling the first light therapy device directly to the
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`second light therapy device. Ex. 1002, ¶152.
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`4.
`Limitation 1[d]
`Dijkstra discloses emitting at least one of red light and near infrared light
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`from at least a portion of the first plurality of lights and at least a portion of the
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`second plurality of lights. The ’719 patent describes that “the first plurality of
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`lights 16 a may be red lights, near infrared lights, or some combination of red
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`lights and near infrared lights.” Ex. 1001, 5:16-20. Dijkstra also teaches the
`
`emission of both red and infrared light therapy wavelengths for treatment. Ex.
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`
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` 13
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`
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`1001, [0063, 0067]. In particular, Dijkstra discloses that the light therapy device
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`U.S. Patent No. 11,253,719
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`can emit light in a range of 100-1600 nm wavelength. Ex-1004 [0063, 0067]. Red
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`and near-infrared light fall within the disclosed 100-1600 nm range. Indeed, a
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`POSITA would understand that the 100-1600 nm wavelength range includes red
`
`light and near-infrared light. For examples, wavelengths in the range of 800-1072
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`nm disclosed in paragraph [0037] of Dijkstra is in the near-infrared spectrum.
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`Wavelengths in the range of 632-904 nm and 660-905 nm disclosed in paragraph
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`[0129] of Dijkstra includes the red light spectral range and the near-infrared range.
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`Ex. 1004, [0129]. Dijkstra also discloses using a light wavelength of 1072 nm in
`
`paragraph [0130] which is in the near-infrared spectrum. Ex. 1004, [0130].
`
`Finally, Dijkstra teaches that each light device is identical and as such each light
`
`device would have the capability to emit light in the above ranges. Ex. 1004,
`
`[0096]; Ex. 1002, ¶¶154-155.
`
`In all three related patent prosecutions, the Examiners found that Dijkstra
`
`discloses emitting at least one of red light and near infrared light from at least a
`
`portion of the first plurality of lights and at least a portion of the second plurality of
`
`lights. Ex. 1002, ¶156.
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`5.
`Limitation 1[e]
`Dijkstra discloses placing the first light therapy device in a lead mode; and
`
`placing the second light therapy device in a follow mode whereby the second light
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` 14
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`
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`therapy device performs operations as instructed by the first light therapy device.
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`U.S. Patent No. 11,253,719
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`Dijkstra teaches a “master-slave model” where any of the therapy devices (200)
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`can act as the lead/master or the follow/slave device. Ex, 1004 [0101]. For
`
`example, “the two or more light therapy devices are used in which one light
`
`therapy device acts as a master light therapy device and the rest of the light therapy
`
`devices acts as a slave to the master light therapy device. All the light therapy
`
`devices including master light therapy device and slave light therapy devices are
`
`linked with each other and forming a peer to peer network.” Ex. 1004 [0099.
`
`Dijkstra discloses that “the master light therapy device has a controlling unit” that
`
`instructs all other slave light therapy devices “per the master light therapy device
`
`input” via a wired or wireless connection” with the slave light therapy devices. Ex.
`
`1004 [0099]. Notably, during prosecution and reexamination of the related patents,
`
`the patent owner admitted that Dijkstra discloses a master/slave configuration
`
`whereby the second light therapy performs operations as instructed by the first
`
`light therapy device. Ex. 1002, ¶¶158-159.
`
`Dijkstra teaches that the user places the first light therapy device in a lead
`
`mode and the second light therapy device(s) in follow mode. “To use this, the user
`
`activates the master light therapy device and the master light therapy device
`
`establishes a wired or wireless connection with other slave light therapy devices.”
`
`Ex. 1004, [0099]. The user can activate the light device by using a touchscreen or
`
`
`
` 15
`
`
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`remote device to turn on the light therapy system and “establish a connection
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`through wired or wireless means with each other in order to work in
`
`synchronization.” Ex. 1004 [0096]. Dijkstra then describes how the
`
`synchronization of the light therapy devices can be achieved using a master/slave
`
`model where “one light therapy device acts as a master light therapy device and the
`
`rest of the light therapy devices acts as a slave to the master light therapy device.”
`
`Ex. 1004 [0099]. Because “the first and second light devices are identical to each
`
`other,” either device may be place in master/lead mode with other device(s) in
`
`slave/follow mode. Ex. 1004 [0096, 0099]; Ex. 1002, ¶160.
`
`A person of ordinary skill in the art would be highly motivated to design and
`
`manufacture the devices of Dijkstra so they could be switched between master or
`
`slave mode using a switch as such a configuration would simplify manufacturing
`
`and installation and also reduce production and installation costs. For example,
`
`incorporating the switch into each device would simplify the design,
`
`manufacturing, assembly and installation of the devices of Dijkstra while also
`
`reducing production costs. If the devices of Dijkstra were designed to either be
`
`master or slave units, then the manufacturer would need to design and produce two
`
`different types of units, each of which would have its own manufacturing assembly
`
`lines, work instructions, quality control/testing requirements and warehouse
`
`locations. Final installation would require the correct number of master and the
`
`
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` 16
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`
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`personnel installing the units would need to ensure that they were using either a
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`U.S. Patent No. 11,253,719
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`master unit or a slave unit as required. Since the necessary switch would be a small
`
`and low-cost component, manufacturing efficiency and cost could be reduced by
`
`simply incorporating the switch into each unit. This would allow for manufacturing
`
`using a single manufacturing assembly line, set of work instructions, and set of
`
`quality control/testing equipment and requirements. The savings associated with a
`
`common manufacturing process would more than compensate for the cost of a
`
`switch. Additionally, since all units would be identical, they could all be stored in
`
`a common location. Installation would merely require the requisite number of units
`
`without concern about the correct number of master and slave units. Further, the
`
`by allowing the personnel installing the units to determine which operate as master
`
`units and which operate as slave units, installation time is decreased resulting in
`
`additional economic benefits. Ex. 1002, ¶161.
`
`Alternatively, it would be obvious based on a POSITA’s knowledge that the
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`Dijkstra light therapy system is placed in lead/follow configuration when the
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`connection between the light devices is established. Dijkstra teaches that user
`
`activates the first and second light therapy devices by turning ON the power
`
`button. Ex. 1004, [0096]; Dijkstra further discloses that upon activation, the first
`
`and second device “establish a connection through a wired or wireless connection
`
`with each other in order to work in synchronization.” Ex. 1004, [0096]. A
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`
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` 17
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`
`
`POSITA would understand that a synchronization of the first and second devices
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`could take the form a “master-slave model” explicitly disclosed. Ex. 1004, [0099].
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`Thus, a POSITA would understand that the activation of the light therapy system
`
`would establish light device synchronization and initiate (e.g., place) the light
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`therapy devices in master/lead and slave/follow operation. Ex. 1002, ¶¶162, 164.
`
`In all three related patent prosecutions, the Examiners found that Dijkstra
`
`discloses emitting at least one of red light and near infrared light from at least a
`
`portion of the first plurality of lights and at least a portion of the second plurality of
`
`lights. Ex. 1002, ¶163.
`
`Claim 1 is rendered obvious by Dijkstra alone or in combination with a
`
`POSITA’s knowledge. Ex. 1002, ¶165.
`
`6.
`Dependent Claim 2
`Independent and underlying claim 1 is rendered obvious by Dijkstra alone or
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`in combination with a POSITA’s knowledge. Ex. 1002, ¶¶166-172.
`
`Dijkstra discloses the dependent claim limitation of claim 2: wherein the
`
`emitting at least one of red light and near infrared light from at least the portion of
`
`the first plurality of lights and at least the portion of the second plurality of lights is
`
`accomplished using a control panel coupled to the first housing of the first light
`
`therapy device. The ’719 patent describes that “a first control panel 100a located
`
`on the first housing 14a and communicatively coupled to the first communication
`
`
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` 18
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`
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`module 24a. The first control panel 100a may allow a user to control a treatment
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`Case No. IPR2024-00621
`U.S. Patent No. 11,253,719
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`time and cause at least a portion of the first plurality of lights 16a to either emit or
`
`not emit red light or near infrared light.” Ex. 1001, 8:27-33; Ex. 1002, ¶167.
`
`
`
`Dijkstra also describes the display unit 160 is a touchscreen display mounted
`
`on the outer surface of the light therapy device acting as an input unit, in which the
`
`user can manually select and prioritize the external body condition and/or the
`
`
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` 19
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`
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`internal body condition based upon his/her own intellect.” Ex. 1004, [0090]. This
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`Case No. IPR2024-00621
`U.S. Patent No. 11,253,719
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`touchscreen control panel allows “the user can determine the type of treatment
`
`required for a particular body condition and can also determine the time and
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`intensity required for the treatment.” Ex. 1004, [0090]; Ex. 1002, ¶168.
`
`
`
`Dijkstra discloses that the type of treatment required can include emitting
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`“light in a range of 100-1600 nm wavelength” which includes red light (620 to 750
`
`nm) and near infrared light (800 to 2,500 nm). Ex. 1004, [0063, 0067, 0090].
`
`Dijkstra teaches that each light therapy devices can emit different wavelengths
`
`
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