Trials@uspto.gov
`571-272-7822
`
`Paper8
`Date: April 13, 2021
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLEINC.,
`Petitioner,
`
`V.
`
`MASIMO CORPORATION,
`Patent Owner.
`
`IPR2020-01715
`Patent 10,631,765 Bl
`
`Before JOSIAH C. COCKS, ROBERT L. KINDER,and
`AMANDAF. WIEKER,Administrative Patent Judges.
`
`WIEKER,Administrative Patent Judge.
`
`DECISION
`Granting Institution of Inter Partes Review
`35 US.C. § 314, 37 CFR. § 42.4
`
`
`571-272-7822
`
`Paper8
`Date: April 13, 2021
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`APPLEINC.,
`Petitioner,
`
`V.
`
`MASIMO CORPORATION,
`Patent Owner.
`
`IPR2020-01715
`Patent 10,631,765 Bl
`
`Before JOSIAH C. COCKS, ROBERT L. KINDER,and
`AMANDAF. WIEKER,Administrative Patent Judges.
`
`WIEKER,Administrative Patent Judge.
`
`DECISION
`Granting Institution of Inter Partes Review
`35 US.C. § 314, 37 CFR. § 42.4
`
`
`
`IPR2020-01715
`Patent 10,631,765 Bl
`
`I.
`
`INTRODUCTION
`
`A. Background
`
`AppleInc. (‘Petitioner’) filed a Petition requesting an inter partes
`
`review of claims 1-29 (“challenged claims”) of U.S. Patent No. 10,631,765
`
`B1 (Ex. 1001, “the ’765 patent”). Paper 3 (“Pet.”). Masimo Corporation
`
`(“Patent Owner”) waivedfiling a preliminary response. Paper 7 (“PO
`
`Waiver’’).
`
`Wehave authority to determine whetherto institute an inter partes
`
`review, under 35 U.S.C. § 314 and 37 C.F.R. § 42.4. An inter partes review
`
`maynotbeinstituted unless it is determined that “the information presented
`
`in the petition filed under section 311 and any responsefiled under section
`
`313 showsthat there is a reasonable likelihood that the petitioner would
`
`prevail with respect to at least 1 of the claims challenged in the petition.”
`
`35 U.S.C. § 314 (2018); see also 37 C.F.R. § 42.4(a) (“The Boardinstitutes
`
`the trial on behalf of the Director.”’).
`
`For the reasons provided below and basedonthe record before us, we
`
`determine that Petitioner has demonstrated a reasonable likelihood that
`
`Petitioner would prevail in showing the unpatentability of at least one of the
`
`challenged claims. Accordingly, we institute an inter partes review onall
`
`groundssetforth in the Petition.
`
`B. Related Matters
`
`Theparties identify the following matters related to the ’765 patent:
`
`Masimo Corporation v. Apple Inc., Civil Action No. 8:20-cv-00048
`
`(C.D. Cal.) (filed Jan. 9, 2020) (“‘the parallel district court litigation’’);
`
`
`
`IPR2020-01715
`Patent 10,631,765 B1
`
`Apple Inc. v. Masimo Corporation, IPR2020-01714 (PTAB Sept. 30,
`2020) (challenging claims 1-29 of the ’765 patent);!
`
`—
`
`Apple Inc. v. Masimo Corporation, IPR2020-01520 (PTAB Aug.31,
`
`2020) (challenging claims of U.S. Patent No. 10,258,265 B1);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01521 (PTAB Sept.2,
`
`2020) (challenging claims of U.S. Patent No. 10,292,628 B1);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01523 (PTAB Sept.9,
`
`2020) (challenging claims of U.S. Patent No. 8,457,703 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01524 (PTAB Aug.31,
`
`2020) (challenging claims of U.S. Patent No. 10,433,776 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01526 (PTAB Aug.31,
`
`2020) (challenging claims of U.S. Patent No. 6,771,994 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01536 (PTAB Aug.31,
`
`2020) (challenging claims of U.S. Patent No. 10,588,553 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01537 (PTAB Aug.31,
`
`2020) (challenging claims of U.S. Patent No. 10,588,553 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01538 (PTAB Sept. 2,
`
`2020) (challenging claims of U.S. Patent No. 10,588,554 B2);
`
`! Pursuant to the Board’s November 2019, Consolidated Trial Practice
`Guide, available at https://www.uspto.gov/TrialPracticeGuideConsolidated,
`Petitioner filed a Notice ranking its two petitions that challenge the
`°765 patent, ranking first IPR2020-01714, and ranking secondthis
`proceeding. Paper 2,2. We decline to exercise discretion to denyinstitution
`in this case where (1) Patent Ownerdoes not request that we exercise
`discretion to deny due to the presence of multiple petitions, (2) the two
`petitions challenge a large claim set, and (3) Petitioner represents that, at the
`time ofthe filing, Patent Owner had not yet narrowed the claimsasserted in
`the parallel district court litigation. Paper 2, 2-3; Ex. 1040, 1 (reduction in
`claims dueafter petitions werefiled).
`
`
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`IPR2020-01715
`Patent 10,631,765 Bl
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`Apple Inc. v. Masimo Corporation, IPR2020-01539 (PTABSept.2,
`
`2020) (challenging claims of U.S. Patent No. 10,588,554 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01713 (PTAB Sept. 30,
`
`2020) (challenging claims of U.S. Patent No. 10,624,564 B1);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01716 (PTAB Sept. 2,
`
`2020) (challenging claims of U.S. Patent No. 10,702,194 B1);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01722 (PTAB Oct.2,
`
`2020) (challenging claims of U.S. Patent No. 10,470,695 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01723 (PTAB Oct.2,
`
`2020) (challenging claims of U.S. Patent No. 10,470,695 B2);
`
`Apple Inc. v. Masimo Corporation, IPR2020-01733 (PTAB Sept. 30,
`
`2020) (challenging claims of U.S. Patent No. 10,702,195 B1); and
`
`Apple Inc. v. Masimo Corporation, IPR2020-01737 (PTAB Sept. 30,
`
`2020) (challenging claims of U.S. Patent No. 10,709,366 B1).
`
`Pet. 3-4; Paper 5, 1-4.
`
`Patent Ownerfurther identifies the following pending patent
`
`applications, amongother issued and abandonedapplications, that claim
`
`priority to, or share a priority claim with, the ’765 patent:
`
`U.S. Patent Application No. 16/834,538;
`
`U.S. Patent Application No. 16/449,143; and
`
`U.S. Patent Application No. 16/805,605.
`
`Paper 5, 1-2.
`
`C. The ’765 Patent
`
`The ’765 patentis titled “Multi-Stream Data Collection System for
`
`Noninvasive Measurement of Blood Constituents,” and issued on April 28,
`
`2020, from U.S. Patent Application No. 16/725,478, filed December23,
`
`
`
`IPR2020-01715
`Patent 10,631,765 B1
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`2019. Ex. 1001, codes (21), (22), (45), (54). The ’765 patent claimspriority
`
`through a series of continuation and continuation-in-part applications to
`
`Provisional Application Nos. 61/078,228 and 61/078,207, both filed July 3,
`
`2008. Id. at codes (60), (63).
`
`The ’765 patent discloses a two-part data collection system including
`
`a noninvasive sensor that communicates with a patient monitor. Jd. at 2:38—
`
`40. The sensor includes a sensor housing, an optical source, and several
`
`photodetectors, and is used to measure a blood constituent or analyte, e.g.,
`
`oxygen or glucose. Id. at 2:29-35, 64-65. The patient monitor includes a
`
`display and a networkinterface for communicating with a handheld
`
`computing device. Jd. at 2:45—-48.
`
`Figure 1 of the °765 patent is reproduced below.
`
`100
`
`SENSOR 104
`MONITOR 109
`
`PMITTER
`
`ow”
`
`402
`~ it v7 DETECTORS
`
`INPUT DATA
`
`140
`)
`108
`{04 Yel
`ia)
`106
`erNit
`se.
`2
`{
`
`“ —$ FRONT-END|,|U 4} SIGNAL
`
`
`
`
`
`
`% 2|INTERFACE23 PROCESSOR
`ua
`4
`/ \
`|
`(MEASUREMENT
`TIONAL
`opriona
`ORTON
`Tissue USE
`SHAPER
`105
`
`OUTPUT
`DATA
`
`;
`
`TERA
`
`ted --
`i
`|
`1
`|
`i!
`io
`_gt
`NETWORK
`[7>>>222_4
`MEMORY
`STORAGE||INTERFACE
`é
`3
`
`o_o
`5
`.
`
`1
`
`DATA
`
`INTERFACE
`
`42
`
`1
`
`FIG, 1
`
`¢
`114
`
`¢
`116
`
`Figure 1 illustrates a block diagram of data collection system 100 including
`
`sensor 101 and monitor 109. Jd. at 11:47—58. Sensor 101 includes optical
`
`€
`
`
`IPR2020-01715
`Patent 10,631,765 B1
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`emitter 104 and detectors 106. Jd. at 11:59-63. Emitters 104 emitlight that
`
`is attenuated or reflected by the patient’s tissue at measurementsite 102. Jd.
`
`at 14:3-7. Detectors 106 capture and measurethe light attenuated or
`
`reflected from the tissue. Jd. In response to the measuredlight,
`
`detectors 106 output detector signals 107 to monitor 109 through front-end
`
`interface 108. Jd. at 14:7-10, 26-32. Sensor 101 also may include tissue
`
`shaper 105, which may bein the form of a convex surface that: (1) reduces
`
`the thickness of the patient’s measurementsite; and (2) provides more
`
`surface area from which light can be detected. Jd. at 11:2-14.
`
`Monitor 109 includes signal processor 110 and userinterface 112. Id.
`
`at 15:16-18. “[S]ignal processor 110 includes processing logic that
`
`determines measurements for desired analytes .
`
`.
`
`. based on the signals
`
`received from the detectors.” Jd. at 15:21—24. Userinterface 112 presents
`
`the measurementsto a user on a display, e.g., a touch-screen display. Jd. at
`
`15:46—-56. The monitor may be connected to storage device 114 and
`
`network interface 116. Zd. at 15:60—-16:11.
`
`The ’765 patent describes various examples of sensor devices.
`
`Figures 14D and 14F, reproduced below,illustrate sensor devices.
`
`FIG. 14D
`
`FIG. 14F
`
`
`
`IPR2020-01715
`Patent 10,631,765 B1
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`Figure 14Dillustrates portions of a detector submount and Figure 14F
`
`illustrates portions of a detector shell. Jd. at 6:44-47. As shown in
`
`Figure 14D, multiple detectors 1410c are located within housing 1430 and
`
`undertransparent cover 1432, on which protrusion 605b(orpartially
`
`cylindrical protrusion 605) is disposed. Jd. at 35:36—39, 36:30-37.
`
`Figure 14F illustrates a detector shell 306f including detectors 1410c on
`
`substrate 1400c. Jd. at37:9-17. Substrate 1400c is enclosed by shielding
`
`enclosure 1490 and noise shield 1403, which include window 1492a and
`
`window 1492b, respectively, placed above detectors 1410c. Jd.
`
`Alternatively, cylindrical housing 1430 may be disposed undernoise
`
`shield 1403 and may enclose detectors 1410c. Jd. at 37:47-48.
`
`Figures 4A and 4B, reproducedbelow,illustrate an alternative
`
`example of a tissue contact area of a sensor device.
`
`FIG. 4A
`
`FIG. 4B
`
`Figures 4A and4Billustrate arrangements of protrusion 405 including
`
`measurementcontact area 470. Id. at 23:18—24. “[M]easurementsite
`
`contact area 470 can include a surface that molds bodytissue of a
`
`measurementsite.” Jd. “For example, ... measurementsite contact
`
`area 470 can be generally curved and/or convex with respect to the
`
`measurementsite.” Jd. at 23:39-43. The measurement site contact area may
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`
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`IPR2020-01715
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`include windows 420-423 that “mimic or approximately mimic a
`
`configuration of, or even house,a plurality of detectors.” Jd. at 23:49-63.
`
`D.
`
`Illustrative Claim
`
`Ofthe challenged claims, claims 1 and 21 are independent. Claim1is
`
`illustrative and is reproduced below.
`
`1. A physiological measurement system comprising:
`
`[a] a physiological sensor device comprising:
`
`[b] one or more emitters configured to emit light into tissue
`of a user;
`
`[c] at least four detectors, wherein each of the at least four
`detectors has a corresponding windowthatallowslight
`to pass throughto the detector;
`
`[d] a wall that surrounds at least the at least four detectors;
`and
`
`[e] a cover comprising a protruding convex surface, wherein
`the protruding convex surface is above all of the at least
`four detectors, wherein at
`least a portion of the
`protruding convex surface is rigid, and wherein the
`cover operably connects to the wall; and
`
`[f] a handheld computing device in wireless communication with
`the physiological sensor device, wherein the handheld
`computing device comprises:
`
`[g] one or more processors configured to wirelessly
`receive one or more signals from the physiological
`sensor device, the one or more signals responsive to
`at least a physiological parameter of the user;
`
`[h] a touch-screen display configured to provide a user
`interface, wherein:
`
`[i]
`
`the user interface is configured to display indicia
`responsive to measurements of the physiological
`parameter, and
`
`
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`IPR2020-01715
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`[j] an orientation of the user interface is configurable
`responsive to a user input; and
`
`[k] a storage device configuredto at least temporarily store
`at
`least
`the measurements of the physiological
`parameter.
`
`Ex. 1001, 44:51—15 (bracketed identifiers a-k added). Independentclaim 21
`
`includes limitations substantially similar to limitations [a]—[f] of claim 1. Jd.
`
`at 46:31—-49.
`
`E. Applied References
`
`Petitioner relies upon the following references:
`
`Bergey, U.S. Patent No. 3,789,601, filed July 15, 1971, issued
`February 5, 1974 (Ex. 1016, “Bergey”);
`
`Ohsakiet al., U.S. Patent Application Publication No.
`2001/0056243 A1, filed May 11, 2001, published December 27, 2001
`(Ex. 1009, “Ohsaki’);
`
`Aizawa, U.S. Patent Application Publication No.
`2002/0188210 Al, filed May 23, 2002, published December 12, 2002
`(Ex. 1006, “Aizawa’’);
`Inokawaetal., Japanese Patent Application Publication
`No. 2006-296564 A,filed April 18, 2005, published November2,
`2006 (Ex. 1007, “Inokawa”);” and
`Y. Mendelsonetal., “A Wearable Reflectance Pulse Oximeter
`for Remote Physiological Monitoring,” Proceedings of the 28th IEEE
`EMBS Annual International Conference, 912—915 (2006) (Ex. 1010,
`“Mendelson-2006”).
`
`Pet. 10. Petitioner also submits, inter alia, the Declaration of Thomas W.
`
`Kenny, Ph.D. (Ex. 1003).
`
`2 Petitioner relies on a certified English translation of Inokawa (Ex. 1008).
`In this Decision, we also refer to the translation.
`
`9
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`
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`Patent 10,631,765 Bl
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`F. Asserted Grounds
`
`Petitioner asserts that claims 1-29 are unpatentable based upon the
`
`following grounds:
`
`
`
`Aizawa, Inokawa, Ohsaki,
`
`
`
`
`
`
`
`eeeee Aizawa, Inokawa, Ohsaki,
`
`
`Mendelson-2006, Berge
`14
`Aizawa, Inokawa, Ohsaki,
`Mendelson-2006, Goldsmith
`
`.
`
`II. DISCUSSION
`
`A. Claim Construction
`
`Forpetitions filed on or after November 13, 2018, a claim shall be
`construed using the same claim construction standard that would be used to
`construe the claim inacivil action under 35 U.S.C. § 282(b). 37 C.F.R.
`§ 42.100(b) (2019). Petitioner submits that no claim term requires express
`construction. Pet. 9.
`
`Basedon our analysis of the issues in dispute at this stage of the
`
`proceeding, weagree that no claim terms require express construction atthis
`
`time. Nidec Motor Corp. v. Zhongshan Broad Ocean Motor Co., 868 F.3d
`
`1013, 1017 (Fed. Cir. 2017).
`
`B. Principles ofLaw
`
`A claim is unpatentable under 35 U.S.C. § 103 if “the differences
`
`between the subject matter sought to be patented andthe prior art are such
`
`that the subject matter as a whole would have been obviousatthe time the
`
`invention was madeto a person having ordinary skill in the art to which said
`
`10
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`subject matter pertains.” KSR Int’l Co. v. Teleflex Inc., 550 U.S. 398, 406
`
`(2007). The question of obviousnessis resolved on the basis of underlying
`
`factual determinations, including (1) the scope and contentofthe priorart;
`
`(2) any differences between the claimed subject matter and the priorart;
`
`(3) the level of skill in the art; and (4) objective evidence of non-
`
`obviousness.?> Graham v. John Deere Co., 383 U.S. 1, 17-18 (1966). When
`
`evaluating a combination of teachings, we must also “determine whether
`
`there was an apparent reason to combine the known elements in the fashion
`
`claimed bythe patentat issue.” KSR, 550 U.S. at 418 (citing Jn re Kahn,
`
`441 F.3d 977, 988 (Fed. Cir. 2006)). Whether a combination ofpriorart
`
`elements would have produced a predictable result weighsin the ultimate
`
`determination of obviousness. Jd. at 416-417.
`
`In an inter partes review, the petitioner must show with particularity
`
`why each challenged claim is unpatentable. Harmonic Inc. v. Avid Tech.,
`
`Inc., 815 F.3d 1356, 1363 (Fed. Cir. 2016); 37 C.F.R. § 42.104(b). The
`
`burden of persuasion nevershifts to Patent Owner. Dynamic Drinkware,
`
`LLC v. Nat’l Graphics, Inc., 800 F.3d 1375, 1378 (Fed. Cir. 2015).
`
`Weanalyze the challenges presented in the Petition in accordance
`
`with the above-stated principles.
`
`C. Level of Ordinary Skill in the Art
`
`Petitioner identifies the appropriate level of skill in the art as that
`
`possessed by a person having “a Bachelor of Science degree in an academic
`
`discipline emphasizing the design ofelectrical, computer, or software
`
`3 Patent Owner does not present objective evidence of non-obviousnessat
`this stage.
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`11
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`technologies, in combination with training orat least one to two years of
`
`related work experience with capture and processing of data or information.”
`
`Pet. 8-9 (citing Ex. 1003 FJ 20-21). “Alternatively, the person could have
`
`also had a Master of Science degree in a relevant academicdiscipline with
`
`less than a year of related work experience in the same discipline.” Jd. at 9.
`
`For purposes of this Decision, we generally adopt Petitioner’s
`
`assessmentas set forth above, which appears consistent with the level of
`
`skill reflected in the Specification andpriorart.
`
`D. Obviousness over the Combined Teachings of
`Aizawa, Inokawa, Ohsaki, and Mendelson-2006
`
`Petitioner presents undisputed contentions that claims 1—7 and 20-28
`
`of the ’765 patent would have been obvious over the combined teachings of
`
`Aizawa, Inokawa, Ohsaki, and Mendelson-2006. Pet. 41-87.
`
`1. Overview ofAizawa (Ex. 1006)
`
`Aizawais a U.S. patent application publication titled “Pulse Wave
`
`Sensor and Pulse Rate Detector,” and discloses a pulse wave sensorthat
`
`detects light output from a light emitting diode and reflected from a patient’s
`
`artery. Ex. 1006, codes (54), (57).
`
`Figure 1(a) of Aizawais reproduced below.
`
`FIG.
`
`1 (a)
`
`a
`
`
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`Figure l(a) is a plan view of a pulse wave sensor. Jd. § 23. As shown in
`
`Figure 1(a), pulse wave sensor 2 includes light emitting diode (“LED”) 21,
`
`four photodetectors 22 symmetrically disposed around LED 21, and
`
`holder 23 for storing LED 21 and photodetectors 22. Id. Aizawadiscloses
`
`that, “to further improve detection efficiency, .
`
`.
`
`. the numberof the
`
`photodetectors 22 may be increased.” Jd. ¥ 32, Fig. 4(a). “The same effect
`
`can be obtained when the numberof photodetectors 22 is 1 and a plurality of
`
`light emitting diodes 21 are disposed around the photodetector 22.” Id. ¥ 33.
`
`Figure 1(b) of Aizawais reproduced below.
`FIG. 1 (b)
`
`
`
`
`
`
`
`
`
`
`
`Figure 1(b) is a sectional view of the pulse wave sensor. Jd. | 23. As shown
`
`in Figure 1(b), pulse wave sensor2 includes drive detection circuit 24 for
`
`detecting a pulse wave by amplifying the outputs of photodetectors 22. Id.
`
`q 23. Arithmetic circuit 3 computes a pulse rate from the detected pulse
`
`wave and transmitter 4 transmits the pulse rate data to an “unshown
`
`display.” Jd. The pulse rate detector further includes outer casing 5 for
`
`storing pulse wave sensor2, acrylic transparent plate 6 mountedto detection
`
`face 23a of holder 23, and attachment belt 7. Id. § 23.
`
`Aizawadiscloses that LED 21 and photodetectors 22 “are stored in
`
`cavities 23b and 23c formedin the detection face 23a” of the pulse wave
`
`13
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`sensor. Id. § 24. Detection face 23a “‘is a contact side between the holder 23
`
`and a wrist 10, respectively, at positions where the light emitting face 21s of
`
`the light emitting diode 21 andthe light receiving faces 22s of the
`
`photodetectors 22 are set back from the above detection face 23a.” Id. ¥ 24.
`
`Aizawadisclosesthat ‘‘a subject carries the above pulse rate detector 1 on
`
`the innerside of his/her wrist 10 .
`
`.
`
`. in such a mannerthat the light emitting
`
`face 21s of the light emitting diode 21 faces down(on the wrist 10 side).”
`
`Id. § 26. Furthermore,“the above belt 7 is fastened such that the acrylic
`
`transparent plate 6 becomesclose to the artery 11 of the wrist 10. Thereby,
`
`adhesion betweenthe wrist 10 and the pulse rate detector 1 is improved.”
`
`Id. ¥ 26, 34.
`
`2. Overview ofInokawa (Ex. 1007)
`
`Inokawais a Japanese published patent application titled “Optical
`
`Vital Sensor, Base Device, Vital Sign Information Gathering System, and
`
`Sensor Communication Method,” and discloses a pulse sensor device.
`
`Ex. 1008
`
`6.
`
`Figure 1 of Inokawais reproduced below.
`
`fic. 1)
`
`
`
`
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`Figure 1 illustrates a schematic view of a pulse sensor. Id. 456. Pulse
`
`sensor | includes box-shaped sensor unit 3 and flexible annular wristband 5.
`
`Id. § 57. Sensor unit 3 includes a top surface with display 7 and control
`
`switch 9, and a rear surface (sensor-side) with optical device component 11
`
`for optically sensing a user’s pulse. Jd.
`
`Figure 2 of Inokawais reproduced below.
`
`(Fic. 2)
`
`Figure 2 illustrates a schematic view ofthe rear surface of the pulse sensor.
`
`Id. J 58. The rear-side (sensor-side) of pulse sensor 1 includesa pair of
`
`light-emitting elements, i.e., green LED 21 and infrared LED 23, as well as
`
`photodiode 25 and lens 27. Jd.
`
`In various embodiments, Inokawadiscloses
`
`that the sensor-side lens is convex. See id. J{ 99, 107. Green LED 21
`
`senses “the pulse from the light reflected off of the body(i.e.[,] change in the
`
`amount of hemoglobin in the capillary artery),” and infrared LED 23 senses
`
`body motion from the changein reflected light. Jd. 59. The pulse sensor
`
`stores this information in memory. Jd. | 68. To read and store information,
`
`the pulse sensor includes a CPUthat “performsthe processing to sense
`
`pulse, body motion, etc. from the signal .
`
`.
`
`. and temporarily stores the
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`analysis data in the memory.” Id. J 69.
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`15
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`Figure 3 of Inokawais reproduced below.
`
`Fic. 3)
`
`Figure 3 illustrates a schematic view of a pulse sensor mounted to a base
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`device. Id. ]60. Pulse sensor 1 is depicted as mountedto base device 17,
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`which “is a charger with communication functionality.” Jd. When so
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`mounted, sensor optical device component 11 and base optical device
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`component41 face each other in close proximity. Jd. | 66. In this position,
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`pulse sensor 1 can output information to the base device through the coupled
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`optical device components. Jd. ] 67. Specifically, the pulse sensor CPU
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`performsthe controls necessary to transmit pulse information using infrared
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`LED 23 to photodetector 45 of base device 17. Id.67, 70, 76. In an
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`alternative embodiment, additional sensor LEDs and base photodetectors can
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`be used to efficiently transmit data and improve accuracy. Id. { 111.
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`16
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`3. Overview of Ohsaki (Ex. 1009)
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`Ohsaki is a U.S. patent application publication titled “Wristwatch-type
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`Human Pulse Wave Sensor Attached on Back Side of User’s Wrist,” and
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`discloses an optical sensor for detecting a pulse wave of a human body.
`
`Ex. 1009, code (54), 7 3. Figure 1 of Ohsaki is reproduced below.
`
`FIG.
`
`|
`
`Le |
`
`(BACK SIDE)
`
`Figure 1 illustrates a cross-sectional view of pulse wave sensor | attached on
`the back side of user’s wrist 4. Jd. J] 12, 16. Pulse wave sensor 1 includes
`
`detecting element 2 and sensor body 3. Id. ¢ 16.
`Figure 2 of Ohsaki, reproducedbelow,illustrates further detail of
`
`detecting element2.
`
`FIG. 2
`
` pe tenceneny
`
`+
`|
`
`i
`DRIVE
`circuIT if,
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`Figure 2 illustrates a mechanism for detecting a pulse wave.
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`/d. { 13.
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`Detecting element 2 includes package5, light emitting element 6, light
`
`receiving element7, and translucent board 8. Jd. § 17. Light emitting
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`element6 and light receiving element 7 are arranged on circuit board 9
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`inside package 5. Id. [J] 17, 19.
`“(T]ranslucent board 8 is a glass board whichis transparentto light,
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`and attached to the opening of the package 5. A convex surface is formed
`on the top of the translucent board 8.” Jd. § 17. “[T]he convex surface of
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`the translucent board 8 is in intimate contact with the surface of the user’s
`
`skin,” preventing detecting element 2 from slipping off the detecting
`position of the user’s wrist. Id. 25. By preventing the detecting element
`from moving, the convex surface suppresses “variation of the amount ofthe
`reflected light which is emitted from the light emitting element 6 and
`reachesthe light receiving element 7 by being reflected by the surfaceofthe
`user’s skin.” Jd. Additionally, the convex surface prevents penetration by
`
`“noise such as disturbance light from the outside.” Jd.
`
`Sensor body 3 is connected to detecting element2 by signalline 13.
`Id. | 20. Signal line 13 connects detecting element 2 to drivecircuit 11,
`microcomputer 12, and a monitor display (not shown). Jd. Drive circuit 11
`drives light emitting element6 to emit light toward wrist 4. Jd. Detecting
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`element2 receives reflected light which is used by microcomputer 12 to
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`calculate pulse rate. Jd. “The monitor display showsthe calculated pulse
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`rate.” Id.
`
`4. Mendelson-2006 (Ex. 1010)
`
`Mendelson-2006is a journalarticle titled “A Wearable Reflectance
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`Pulse Oximeter for Remote Physiological Monitoring,” and discloses a
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`18
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`wireless wearable pulse oximeter connected to a personal digital assistant
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`(“PDA”). Ex. 1010, 1.4
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`Figure 1 of Mendelson-2006 is reproduced below.
`
`Figure 1 illustrates a sensor module attached to the skin (top), and a
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`photograph of a disassembled sensor module and receiver module (bottom).
`
`The sensor module includes an optical transducer, a stack of round printed
`
`circuit boards, and a coin cell battery. Jd. at 2.
`
`Figure 2 of Mendelson-2006is reproduced below.
`
`
`L00
`
`Trangtnpedance
`amplifier
`
`|Rec
`
`IR
`
`* Petitioner cites to the page numbers added to Exhibit 1010, rather than the
`native page numbering that accompaniesthearticle. See, e.g., Pet. 20-22.
`Wefollow Petitioner’s numbering scheme.
`
`19
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`
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`Figure 2 depicts a system block diagram of the wearable, wireless, pulse
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`oximeter including the sensor module (top) and the receiver module
`
`(bottom). Jd. The sensor module includesat least one light-emitting diode
`
`(“LED”), a photodetector, signal processing circuitry, an embedded
`
`microcontroller, and an RF transceiver. Jd. at 1-2. Mendelson-2006
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`discloses that a concentric array of discrete photodetectors could be used to
`
`increase the amount of backscattered light detected by a reflectance type
`
`pulse oximeter sensor. Jd. at 4. The receiver module includes an embedded
`
`microcontroller, an RF transceiver for communicating with the sensor
`
`module, and a wireless module for communicating with the PDA. Jd. at 2.
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`As a PDAforuse with the system, Mendelson-2006 discloses “the HP
`
`iPAQ h4150 PDAbecauseit can support both 802.11b and Bluetooth™
`
`wireless communication”and “has sufficient computational resources.” Id.
`
`at 3. Mendelson further discloses that
`
`[t]he use of a PDA asa local terminal also provides a low-cost
`touch screen interface. The user-friendly touch screen of the
`PDAoffers additional flexibility. It enables multiple controls to
`occupy the same physical space and the controls appear only
`when needed. Additionally, a touch screen reduces development
`cost and time, because no external hardwareis required. ... The
`PDA can also serve to temporarily store vital medical
`information received from the wearable unit.
`
`Id.
`
`The PDAis shownin Figure 3 of Mendelson-2006, reproduced below.
`
`
`
`20
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`Patent 10,631,765 B1
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`Figure 3 illustrates a sample PDA andits graphical user interface (“GUI”).
`
`Id. Mendelson-2006 explains that the GUI allows the user to interact with
`
`the wearable system. Jd. “The GUI was configured to present the input and
`
`output information to the user and allows easy activation of various
`
`functions.” Jd. “The GUI also displays the subject’s vital signs, activity
`
`level, body orientation, and a scrollable PPG waveform that is transmitted by
`
`the wearable device.” Jd. For example, the GUI displays numerical oxygen
`
`saturation (“SpO2”) and heart rate (“HR”) values. Jd.
`
`5.
`
`Independent Claim 1
`
`Petitioner presents undisputed contentions that claim 1 would have
`
`been obvious over the combined teachings of Aizawa, Inokawa, Ohsaki, and
`
`Mendelson-2006. Pet. 38-62.
`
`i. “A physiological measurement system comprising”
`
`Onthis record, the cited evidence supports Petitioner’s undisputed
`contention that Aizawadiscloses a pulse sensor.” Pet. 38; see, e.g., Ex. 1006
`
`{ 2 (disclosing “a pulse wave sensorfor detecting the pulse wave of a
`
`subject”).
`
`ii. “[a] a physiological sensor device comprising”
`
`Onthis record, the cited evidence supports Petitioner’s undisputed
`
`contention that Aizawadiscloses a physiological sensor device including a
`
`> Whether the preambleis limiting need not be resolved atthis stage of the
`proceeding because Petitioner showssufficiently for purposes ofinstitution
`that the recitation in the preamble is satisfied by thepriorart.
`
`21
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`pulse rate detector. Pet. 38-41; see, e.g., Ex. 1006 { 23 (pulse wave
`
`sensor 2), Figs. 1(a)-(b) (depicting pulse wave sensor2).
`
`ui. “[b] one or more emitters configured to emitlightinto
`tissue ofa user”
`
`Onthis record, the cited evidence supports Petitioner’s undisputed
`
`contentions regarding this limitation. Specifically, Petitioner contendsthat
`
`Aizawa discloses LED 21 andstates that, in certain embodiments, multiple
`
`LEDs may be employed. Pet. 11, 19-20; see, e.g., Ex. 1006 {J 23 (SLED 21
`
`... for emitting light having a wavelength of a near infrared range’’), 33
`
`(explaining that instead of having a plurality of photodetectors and one LED,
`
`“(t]he same effect can be obtained when the numberof photodetectors 22 is
`
`1 andaplurality of light emitting diodes 21 are disposed aroundthe
`
`photodetector 22”). Petitioner also contends that Inokawadiscloses using
`
`two emitters of different wavelengths “to improve the detected pulse wave
`
`by distinguishing between blood flow detection and body movement.”
`
`Pet. 20, 41-43; see, e.g., Ex. 1008 J 58 (a pair of LEDs 21, 23), 59
`
`(detecting pulse and body motion). Petitioner also contends that when
`
`Inokawa’s sensor is mounted on its base device, the infrared LED is used to
`
`transmit vital information to the base device. Pet. 14-16; see, e.g., Ex. 1008
`
`{{ 76-77 (explaining that “vital sign information stored in the memory 63
`
`[of the sensor], such as pulse and body motion,is transmitted to the base
`
`device 17 using the S-side infrared LED 23 of the pulse sensor 1 and the B-
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`side PD 45 of the base device 17,” such that “there is no need to use a
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`special wireless communication circuit or a communication cable”).
`
`Petitioner further contends that a person of ordinary skill in the art
`
`would have been motivated to modify Aizawa“to include an additional LED
`
`22
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`as taught by Inokawato improve the detected pulse wave by distinguishing
`
`between blood flow detection and body movement.” Pet. 20, 42-43;
`
`Ex. 1003 4§ 80. Petitioner contends that such a modification also would
`
`have provided “additional functionality, including that of a wireless
`
`communication method,” which would have “eliminate[d] the need for ‘a
`
`special wireless communication circuit or a communication cable as
`
`previously’ and allows‘vital sign information to the base device 17
`
`accurately, easily, and without malfunction.’” Jd. at 20-21 (quoting
`
`Ex. 1008 ¥ 77); Ex. 1003 § 81.
`
`Toillustrate its proposed modification, Petitioner includes annotated
`
`and modified views of Aizawa’s Figures 1(a) and 1(b), reproduced below.
`
`Pet. 22; see also id. at 42 (samefigures); Ex. 1003 § 84.
`
`FIG.
`
`LEDA
`Emitting at
`Wavelength A
`1 (a)
`
`2
`
`-
`
`om
`
`LEDB
`Emiitting at
`Different
`Wavelength B
`
`
`
`
`23
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`Petitioner’s modified figures depict the sensor of Aizawa with an added
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`“LED B,”as Petitioner contends would have been rendered obvious by
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`Inokawa. Pet. 22-23, 41-42.
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`Atthis stage of the proceeding, Petitioner’s stated reasoning for the
`
`proposed modification is sufficiently supported, including by the unrebutted
`
`testimony of Dr. Kenny. See, e.g., Ex. 1003 J] 79-87, 109-110.
`
`iv. “[c] at leastfour detectors, wherein each ofthe atleast
`four detectors has a corresponding window that allows
`light to pass through to the detector”
`
`Onthis record, the cited evidence supports Petitioner’s undisputed
`
`contention that Aizawa discloses at least four detectors, each stored in a
`
`cavity 23c, which would have been understood to be “openings or windows
`
`that mirror specific detector placement layouts.” Pet. 43-46; see, e.g.,
`
`Ex. 1006 ff 23 (“‘four phototransistors 22”), 24 (“stored in cavities” and “set
`
`back from ... detection face 23a”), Figs. 1(a)—1(b) (depicting cavities 23¢
`
`housing detectors 22); Ex. 1003 {J 113-118.
`
`v. “[d] a wall that surroundsatleast the at leastfour
`detectors”
`
`Onthis record, the cited evidence supports Petitioner’s undisputed
`
`contention that Aizawa discloses holder 23, which is a wall that surrounds
`
`detectors 22, as well as other elements. Pet. 50-51; see, e.g., Ex. 1006 { 23
`
`(“holder 23 for storing .
`
`.
`
`. light emitting diode 21 and the
`
`photodetectors 22”), Fig. 1(b) (depicting holder 23 surrounding each
`
`detector 22).
`
`24
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`vi. “[e] a cover comprising a protruding convex surface,
`wherein the protruding convex surface is aboveall ofthe
`at leastfour detectors, wherein at least a portion ofthe
`protruding convex surface is rigid, and wherein the cover
`operably connects to the wall”
`
`Onthis record, the cited evidence supports Petitioner’s undisputed
`
`contentions regarding this limitation. Pet. 31-35, 51-53. Specifically,
`
`Petitioner contends that Aizawadiscloses a coverin the form ofan “acrylic
`
`transparent plate positioned between the photodetectors and the wrist,”i.e.,
`
`abovethe photodetectors. Jd. at 13; Ex. 1006 { 34 (“[A]crylic transparent
`
`plate 6 is provided on
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