IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`Poeze, et al.
`In re Patent of:
`10,292,628 Attorney Docket No.: 50095-0008IP1
`U.S. Patent No.:
`May 21, 2019
`
`Issue Date:
`Appl. Serial No.: 16/261,326
`
`Filing Date:
`January 29, 2019
`
`Title:
`MULTI-STREAM DATA COLLECTION SYSTEM FOR NONIN-
`VASIVE MEASUREMENT OF BLOOD CONSTITUENTS
`
`
`
`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. 10,292,628 PURSUANT TO 35 U.S.C. §§ 311–319, 37 C.F.R. § 42
`
`
`
`
`
`

`

`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
`TABLE OF CONTENTS
`
`I. 
`
`II. 
`
`REQUIREMENTS FOR IPR UNDER 37 C.F.R. §42.104 ............................. 1 
`A.  Grounds for Standing Under 37 C.F.R. §42.104(a).................................. 1 
`B.  Challenge Under 37 C.F.R. §42.104(b) and Relief Requested ................ 1 
`C.  Claim Construction under 37 C.F.R. §§42.104(b)(3) ............................... 3 
`D.  Level of Ordinary Skill in the Art ............................................................. 3 
`SUMMARY OF THE ’628 PATENT ............................................................. 4 
`A.  Brief Description ....................................................................................... 4 
`B.  Summary of the Prosecution History of the ’628 Patent .......................... 6 
`III.  THE CHALLENGED CLAIMS ARE UNPATENTABLE ............................ 6 
`A.  [GROUND-1A] – Claims 1-15, 17, 20-26, and 28 are rendered obvious
`by Aizawa in view of Inokawa ................................................................. 6 
`1.  Overview of Aizawa ........................................................................ 7 
`2.  Overview of Inokawa ...................................................................... 9 
`3. 
`Combination of Aizawa and Inokawa ........................................... 13 
`4.  Analysis ......................................................................................... 23 
`B.  [GROUND-1B] – Claims 1-15, 17, 20-26, and 28 are rendered obvious
`by Aizawa in view of Inokawa and Ohsaki ............................................ 43 
`1.  Overview of Ohsaki....................................................................... 43 
`2.  Analysis ......................................................................................... 45 
`C.  [GROUND-1C] – Claims 18, 19, 29, and 30 are rendered obvious by
`Aizawa in view of Inokawa, Mendelson-2006, and Beyer .................... 46 
`1.  Overview of Mendelson-2006 ....................................................... 46 
`2.  Overview of Beyer ........................................................................ 49 
`3. 
`Combination of Aizawa, Inokawa, Mendelson-2006, and Beyer . 50 
`4.  Analysis ......................................................................................... 53 
`D.  [GROUND-1D] – Claims 18, 19, 29, and 30 are rendered obvious by
`Aizawa in view of Inokawa, Goldsmith, and Lo .................................... 55 
`1.  Overview of Goldsmith ................................................................. 55 
`2.  Overview of Lo ............................................................................. 56 
`3. 
`Combination of Aizawa, Inokawa, Goldsmith, and Lo ................ 57 
`4.  Analysis ......................................................................................... 59 
`E.  [GROUND-2A] – Claims 1-17 and 20-28 are rendered obvious by
`Mendelson-1988 in view of Inokawa ..................................................... 62 
`1.  Overview of Mendelson-1988 ....................................................... 62 
`2. 
`Combination of Mendelson-1988 and Inokawa ............................ 63 
`3.  Analysis ......................................................................................... 67 
`
`i
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`

`

`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
`F.  [GROUND-2B] – Claims 18, 19, 29, and 30 are rendered obvious by
`Mendelson-1988 in view of Inokawa, Mendelson-2006, and Beyer...... 87 
`1. 
`Combination of Mendelson-1988, Inokawa, Mendelson-2006, and
`Beyer Jr. ......................................................................................... 87 
`2.  Analysis ......................................................................................... 90 
`IV.  PAYMENT OF FEES – 37 C.F.R. §42.103 .................................................. 93 
`V. 
`PTAB DISCRETION SHOULD NOT PRECLUDE INSTITUTION .......... 93 
`A.  Factor 1: Institution will increase the likelihood of stay ........................ 93 
`B.  Factor 2: District Court schedule ............................................................ 94 
`C.  Factor 3: Apple’s investment in IPR outweighs forced investment in
`litigation to date ...................................................................................... 94 
`D.  Factor 4: The Petition raises unique issues ............................................. 95 
`E.  Factor 5: Institution would provide the Board an opportunity to
`invalidate claims that could later be reasserted against others ............... 96 
`F.  Factor 6: Other circumstances support institution .................................. 97 
`VI.  CONCLUSION .............................................................................................. 97 
`VII.  MANDATORY NOTICES UNDER 37 C.F.R §42.8(a)(1) .......................... 98 
`A.  Real Party-In-Interest Under 37 C.F.R. §42.8(b)(1) ............................... 98 
`B.  Related Matters Under 37 C.F.R. §42.8(b)(2) ........................................ 98 
`C.  Lead And Back-Up Counsel Under 37 C.F.R. §42.8(b)(3) .................... 98 
`D.  Service Information ................................................................................ 99 
`
`
`
`
`
`
`ii
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`

`

`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
`
`
`
`EXHIBITS
`
`APPLE-1001
`
`U.S. Patent No. 10,292,628 to Poeze, et al. (“the ’628 patent”)
`
`APPLE-1002
`
`Excerpts from the Prosecution History of the ’628 Patent (“the
`Prosecution History”)
`
`APPLE-1003
`
`Declaration of Dr. Thomas W. Kenny
`
`APPLE-1004
`
`Curriculum Vitae of Dr. Thomas W. Kenny
`
`APPLE-1005
`
`Masimo Corporation, et al. v. Apple Inc., Complaint, Civil Ac-
`tion No. 8:20-cv-00048 (C.D. Cal.)
`
`APPLE-1006
`
` U.S. Pub. No. 2002/0188210 (“Aizawa”)
`
`APPLE-1007
`
`
`
`JP 2006-296564 (“Inokawa”)
`
`APPLE-1008
`
` Certified English Translation of Inokawa and Translator’s Dec-
`laration
`
`APPLE-1009
`
` U.S. Pat. No. 7,088,040 (“Ducharme”)
`
`APPLE-1010
`
` U.S. Pat. No. 8,177,720 (“Nanba”)
`
`APPLE-1011
`
` RESERVED
`
`APPLE-1012
`
` RESERVED
`
`APPLE-1013
`
` RESERVED
`
`APPLE-1014
`
` U.S. Pub. No. 2001/0056243 (“Ohsaki”)
`
`APPLE-1015
`
`
`
`“Design and Evaluation of a New Reflectance Pulse Oximeter
`
`iii
`
`

`

`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
`Sensor,” Y. Mendelson, et al.; Worcester Polytechnic Institute,
`Biomedical Engineering Program, Worcester, MA 01609; As-
`sociation for the Advancement of Medical Instrumentation, vol.
`22, No. 4, 1988; pp. 167-173 (“Mendelson-1988”)
`“A Wearable Reflectance Pulse Oximeter for Remote Physio-
`logical Monitoring,” Y. Mendelson, et al.; Proceedings of the
`28th IEEE EMBS Annual International Conference, 2006; pp.
`912-915 (“Mendelson-2006”)
`
`APPLE-1016
`
`
`
`APPLE-1017
`
` RESERVED
`
`APPLE-1018
`
`APPLE-1019
`
`
`
`“Acrylic: Strong, stiff, clear plastic available in a variety of bril-
`liant colors,” available at https://www.curbellplastics.com/Re-
`search-Solutions/Materials/Acrylic
` U.S. Pat. No. 7,031,728 (“Beyer”)
`
`APPLE-1020
`
` U.S. Pat. No. 7,092,735 (“Osann, Jr.”)
`
`APPLE-1021
`
` U.S. Pat. No. 6,415,166 (“Van Hoy”)
`
`APPLE-1022
`
` QuickSpecs; HP iPAQ Pocket PC h4150 Series
`
`APPLE-1023
`
` U.S. Pub. No. 2007/0145255 (“Nishikawa”)
`
`APPLE-1024
`
`APPLE-1025
`APPLE-1026
`APPLE-1027
`APPLE-1028
`
`
`
`“Measurement Site and Photodetector Size Considerations in
`Optimizing Power Consumption of a Wearable Reflectance
`Pulse Oximeter,” Y. Mendelson, et al.; Proceedings of the 25th
`IEEE EMBS Annual International Conference, 2003; pp. 3016-
`3019 (“Mendelson-2003”)
` U.S. Pat. No. 6,801,799 (“Mendelson-’799”)
` Declaration of Jacob Munford
` U.S. Pub. No. 2007/0093786 (“Goldsmith”)
` U.S. Pub. No. 2004/0138568 (“Lo”)
`
`iv
`
`

`

`APPLE-1029
`
`APPLE-1030
`APPLE-1031
`
`APPLE-1032
`APPLE-1033
`
`APPLE-1034
`
`APPLE-1035
`
`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
` Wikipedia: The Free Encyclopedia, “Universal asynchronous
`receiver-transmitter” at https://en.wikipedia.org/wiki/Univer-
`sal_asynchronous_receiver-transmitter, last accessed
`08/27/2020
` RESERVED
` Scheduling Order, Masimo v. Apple et al., Case 8:20-cv-00048,
`Paper 37 (April 17, 2020)
` Stipulation by Apple
`
` Telephonic Status Conference, Masimo v. Apple et al., Case
`8:20-cv-00048, Paper 78 (July 13, 2020)
`Joseph Guzman, “Fauci says second wave of coronavirus is ‘in-
`evitable’”, TheHill.com (Apr. 29, 2020), available at:
`https://thehill.com/changing-america/resilience/natural-disas-
`ters/495211-fauci-says-second-wave-of-coronavirus-is
`“Tracking the coronavirus in Los Angeles County,”
`LATimes.com (Aug. 20, 2020), available at
`https://www.latimes.com/projects/california-coronavirus-
`cases-tracking-outbreak/los-angeles-county/
`
`
`
`v
`
`

`

`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
`
`Apple Inc. (“Petitioner” or “Apple”) petitions for inter partes review
`
`(“IPR”) under 35 U.S.C. §§311–319 and 37 C.F.R. §42 of claims 1-30 (“the Chal-
`
`lenged Claims”) of U.S. Patent No. 10,292,628 (“’628 patent”). As explained in
`
`this petition, there exists a reasonable likelihood that Apple will prevail with re-
`
`spect to at least one of the Challenged Claims.
`
`I.
`
`REQUIREMENTS FOR IPR UNDER 37 C.F.R. §42.104
`A. Grounds for Standing Under 37 C.F.R. §42.104(a)
`Apple certifies that the ’628 Patent is available for IPR. The present petition
`
`is being filed within one year of service of a complaint against Apple in Masimo
`
`Corporation, et al. v. Apple Inc., Civil Action No. 8:20-cv-00048 (C.D. Cal.). Ap-
`
`ple is not barred or estopped from requesting this review challenging the Chal-
`
`lenged Claims on the below-identified grounds.
`
`B. Challenge Under 37 C.F.R. §42.104(b) and Relief Requested
`Apple requests an IPR of the Challenged Claims on the grounds set forth in
`
`the table below, and requests that each of the Challenged Claims be found un-
`
`patentable. Additional explanation and support is set forth in APPLE-1003, the
`
`Declaration of Dr. Thomas W. Kenny. See APPLE-1003, ¶¶20-239.
`
`Ground
`Ground-1A
`Ground-1B
`
`Claims
`1-15, 17, 20-26, 28
`1-15, 17, 20-26, 28
`
`Basis for Rejection
`§103 over Aizawa, Inokawa
`§103 over Aizawa, Inokawa,
`Ohsaki
`
`1
`
`

`

`Ground
`Ground-1C
`
`Claims
`18, 19, 29, 30
`
`Ground-1D
`
`18, 19, 29, 30
`
`Ground-2A
`
`1-17, 20-28
`
`Ground-2B
`
`18, 19, 29, 30
`
`
`
`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
`Basis for Rejection
`§103 over Aizawa, Inokawa,
`Mendelson-2006, Beyer
`§103 over Aizawa, Inokawa,
`Goldsmith, Lo,
`§103 over Mendelson-1988, In-
`okawa
`§103 over Mendelson-1988, In-
`okawa, Mendelson-2006, Beyer
`
`The ’628 patent claims priority to a number of U.S. patent applications, the
`
`earliest of which was filed on 07/02/2009, as well as to a number of U.S. provi-
`
`sional applications, the earliest of which was filed on 07/03/2008. APPLE-1001,
`
`Cover. Solely for purposes of evaluating prior art in this proceeding and without
`
`conceding the propriety of these priority claims, this Petition will treat 07/03/2008,
`
`as the earliest alleged effective filing date (i.e., the “Earliest Claimed Date”) of the
`
`’628 patent. The references relied on in the above grounds qualify as prior art to
`
`the ’628 patent under either date, at least under the sections shown in the following
`
`table. See APPLE-1026. None of these references were considered during prose-
`
`cution of the ’628 patent. APPLE-1002.
`
`Reference
`Aizawa
`Inokawa
`Ohsaki
`Mendelson-1988
`
`Qualifying Date
`12/12/2002
`11/02/2006
`12/27/2001
`August-1988
`
`Earliest Claimed Date
`102(b)
`102(b)
`102(b)
`102(b)
`
`2
`
`

`

`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
`Earliest Claimed Date
`102(a)
`102(b)
`102(b)
`102(b)
`
`Qualifying Date
`12/26/2007
`04/14/2006
`04/26/2007
`07/15/2004
`
`Reference
`Mendelson-2006
`Beyer
`Goldsmith
`Lo
`
`
`
`C. 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 ’628 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.” Well-
`
`man, Inc. v. Eastman Chem. Co., 642 F.3d 1355, 1361 (Fed. Cir. 2011).
`
`D. Level of Ordinary Skill in the Art
`A person of ordinary skill in the art relating to the subject matter of the ’628
`
`patent as of 07/03/2008 (“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
`
`3
`
`

`

`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
`data or information, including but not limited to physiological monitoring technol-
`
`ogies. APPLE-1003, ¶¶21-22. Alternatively, the person could have also had a
`
`Master of Science degree in a relevant academic discipline with less than a year of
`
`related work experience in the same discipline. Id
`
`
`
`
`
`II.
`
`SUMMARY OF THE ’628 PATENT
`A. Brief Description
`The ’628 patent is directed to “noninvasive methods, devices, and systems
`
`for measuring...physiologically relevant patient characteristics.” APPLE-1001,
`
`2:22-28; APPLE-1003, ¶¶43-51. “These characteristics can relate, for example, to
`
`pulse rate, hydration, trending information and analysis, and the like.” APPLE-
`
`1001., 2:28-30.
`
`As illustrated in FIG. 1, the ’628 patent describes a system that “include[s] a
`
`sensor 101 (or multiple sensors) that is coupled to a processing device or physio-
`
`logical monitor 109,” where “the sensor 101 and the monitor 109 are integrated to-
`
`gether into a single unit” or “separate from each other and communicate one with
`
`another in any suitable manner, such as via a wired or wireless connection.” Id.,
`
`11:36-43.
`
`4
`
`

`

`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
`
`APPLE-1001, FIG. 1.
`
`
`
`In use, “the detectors 106 can capture and measure light transmitted from the
`
`emitter 104 that has been attenuated or reflected from the tissue in the measure-
`
`ment site 102.” and “[t]he detectors 106 can output a detector signal 107 respon-
`
`sive to the light captured or measured.” Id., 13:60-66. The signal can correspond
`
`to, for instance, the pulse rate of the user. Id., 2:28-30; APPLE-1003, ¶46. Alt-
`
`hough the ’628 patent mostly describes a transmittance-type measurement device
`
`where the emitter and the detector are positioned on opposite sides of the measure-
`
`ment site, the claims do not distinguish over a reflectance-type device where the
`
`emitter and the detector are positioned on the same side of the measurement site.
`
`See id., 13:61-64, 26:15-16; APPLE-1003, ¶¶47-48.
`
`The ’628 patent further describes that its sensor can include a plurality of de-
`
`tectors that are disposed within a housing and covered by a transparent cover (i.e.,
`
`5
`
`

`

`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
`light permeable cover) having a protrusion. APPLE-1001, 36:7-26, 14D; APPLE-
`
`1003, ¶49.
`
`B.
`Summary of the Prosecution History of the ’628 Patent
`U.S. Patent No. 10,292,628 issued on 05/21/2019 from U.S. Patent Applica-
`
`tion No. 16/261,326 (“the ’326 application”), which was filed on 01/29/2019. AP-
`
`PLE-1001, Cover. The face of the patent alleges an earliest possible priority date
`
`of 07/03/2008 through a chain of parent applications. Id. The ’326 application
`
`was not subject to any substantive office action and was allowed on 03/08/2019.
`
`APPLE-1002, 250-260. In allowing the application, the examiner amended, via an
`
`examiner’s amendment, the then independent claim 2 to add the plurality of detec-
`
`tors “are configured to receive light passed through the outwardly protruding con-
`
`vex surface after attenuation by tissue of the user” and also amended then inde-
`
`pendent claims 8 and 21 to recite similar features concerning the “protruding sur-
`
`face,” in so doing suggesting that the prior art of record didn’t disclose such fea-
`
`tures. Id. As will be detailed in this Petition, these and other claimed features
`
`were well-known at the time of the ’628 patent, and, had the examiner been aware
`
`of the prior advanced in this Petition, the application would not have been allowed.
`
`
`
`III. THE CHALLENGED CLAIMS ARE UNPATENTABLE
`A.
`[GROUND-1A] – Claims 1-15, 17, 20-26, and 28 are ren-
`dered obvious by Aizawa in view of Inokawa
`
`6
`
`

`

`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
`
`1. Overview of Aizawa
`Aizawa is titled “Pulse Wave Sensor and Pulse Rate Detector” and describes
`
`a “pulse wave sensor for detecting a pulse wave by detecting light output from a
`
`light emitting diode and reflected from the artery of a wrist of a subject.” APPLE-
`
`1006, Abstract; APPLE-1003, ¶¶52-57.
`
`As illustrated below, Aizawa’s sensor device detects a user’s pulse wave by
`
`using an emitter, namely LED 21 (shown in green), to emit light that is picked up
`
`by photodetectors 22 (shown in red) that are arranged around the LED. APPLE-
`
`1006, [0023]. In particular, “[n]ear infrared radiation output toward the wrist 10
`
`from the light emitting diode 21 is reflected by a red corpuscle running through the
`
`artery 11 of the wrist 10 and this reflected light is detected by the plurality of pho-
`
`todetectors 22 so as to detect a pulse wave.” Id., [0027].
`
`
`APPLE-1006, FIGS. 1(a)-1(b); APPLE-1003, ¶53.
`
`
`
`7
`
`

`

`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
`Although the example configuration above provides one emitter and four
`
`detectors, Aizawa teaches that more detectors may be provided to “further improve
`
`detection efficiency.” APPLE-1006, [0032]. In some cases, “a plurality of light
`
`emitting diodes 21” may be provided. Id., [0033].
`
`
`
`As shown below, the pulse rate detector of Aizawa is designed to be worn on
`
`the wrist such that the emitter/detector assembly faces the wrist:
`
`
`APPLE-1006, [0026]; APPLE-1003, ¶57. The emitter/detector assembly is en-
`
`cased within a circular housing, shown in red above.
`
`Aizawa further teaches a light permeable cover in the form of an acrylic
`
`transparent plate 6 (blue) that is mounted at the detection face 23a:
`
`8
`
`

`

`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
`
`APPLE-1006, FIG. 1(b), [0023]; APPLE-1003, ¶¶55-56. This transparent plate
`
`not only provides a light permeable cover that covers the emitter/detector assembly
`
`but also provides improved adhesion between the detector and the wrist to “im-
`
`prov[e] the detection efficiency of a pulse wave.” APPLE-1006, [0030].
`
`
`
`2. Overview of Inokawa
`Inokawa teaches an “optical vital sensor is a pulse sensor 1 that is able to
`
`sense the pulse, etc. by being attached, for example, to a person’s finger or wrist.”
`
`9
`
`

`

`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
`APPLE-1008, [0056];1 APPLE-1003, ¶¶58-62. As seen below, the pulse sensor of
`
`Inokawa can be attached the user’s wrist using a wristband 5:
`
`APPLE-1008, FIG. 1, [0057].
`
`
`
`Referring to FIG. 2 below, Inokawa senses pulse by using a photodiode de-
`
`tector 25 (shown in red) to receive “light reflected off of the body.” APPLE-1008,
`
`[0058]. Inokawa teaches that “sensor-side light-emitting means of various kinds,
`
`such as an infrared LED or a green LED” can be used and that “work can be di-
`
`vided between” them as needed. APPLE-1008, [0014]. For example, green light
`
`
`1 JP 2006-296564 to Inokawa (APPLE-1007) was published in Japanese. Thus, all
`
`citations to Inokawa are to its English translation (APPLE-1008).
`
`10
`
`

`

`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
`from LED 21 (shown in green) can be used to sense pulse while infrared light from
`
`LED 23 (shown in purple) can be used to sense body motion. Id., [0058]-[0059].
`
`APPLE-1008, FIG. 2; APPLE-1003, ¶59.
`
`
`
`
`
`Inokawa teaches a lens 27 that can be “placed on the surface of the sensor-
`
`side light-emitting means” to “make[] it possible to increase the light-gathering
`
`ability of the LED as well as to protect the LED or PD.” APPLE-1008, [0015],
`
`[0058]. As further detailed below, such a lens corresponds to the light permeable
`
`cover comprising a protrusion as recited in claim 1 of the ’628 patent. APPLE-
`
`1003, ¶60.
`
`
`
`11
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`

`

`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
`
`APPLE-1008, FIG. 2.
`
`
`
`As shown in FIG. 3 below, Inokawa teaches that its wrist sensor (red) can be
`
`mounted onto a base device (blue) that acts as a “charger with communication
`
`functionality”:
`
`
`
`
`
`12
`
`

`

`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
`APPLE-1008, FIG. 3, [0060]; APPLE-1003, ¶61. Vital sign information can be
`
`transmitted from the sensor to the base device by using the same LEDs used to
`
`measure pulse and body motion. See id., [0066]-[0077], [0109]-[0111]. Referring
`
`to FIG. 7, Inokawa teaches that vital sign information from the sensor can be trans-
`
`mitted to a PC (purple) via the base device:
`
`APPLE-1008, FIG. 7, [0066]-[0077]; APPLE-1003, ¶62
`
`
`
`3.
`Combination of Aizawa and Inokawa
`As explained above in Section III.A.1, Aizawa discloses a pulse wave sensor
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`that works by emitting light from an LED that is subsequently reflected by red cor-
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`puscles in the artery and then detected by a plurality of photodetectors. Further,
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`Aizawa teaches a light permeable cover, which is mounted at the detection face of
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`13
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`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
`the device, through which the emitted/reflected light passes. Id. As detailed be-
`
`low, a POSITA would have been motivated to combine Aizawa and Inokawa (“Ai-
`
`zawa-Inokawa”) to obtain additional benefits. APPLE-1003, ¶¶73-85, 89-98.
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`Protrusion
`Beyond Aizawa’s disclosure that its light permeable cover is an acrylic
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`(a)
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`
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`transparent plate that helps improve “detection efficiency,” Aizawa does not pro-
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`vide much other detail, for instance regarding its shape. APPLE-1006, [0030]. A
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`POSITA would have realized that the plate could have a shape that for achieving
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`Aizawa’s objective of improving detection efficiency. APPLE-1006, [0013],
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`[0030], [0032]; APPLE-1003, ¶¶89-96.
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`A POSITA would have looked to Inokawa to enhance light collection effi-
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`ciency, specifically by modifying the light permeable cover of Aizawa to include a
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`convex lens. APPLE-1003, ¶¶91-92. As discussed above in Section III.A.2, In-
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`okawa discloses a side lens 27:
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`14
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`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
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`
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`APPLE-1008, FIG. 2; APPLE-1003, ¶92. Inokawa further discloses that the “lens
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`makes it possible to increase the light-gathering ability of the LED.” APPLE-
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`1008, [0015]. Thus, a POSITA would have sought to incorporate an Inokawa-like
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`lens into the cover of Aizawa to increase light collection efficiency, thereby lead-
`
`ing to an improved signal-to-noise ratio and more reliable pulse detection. AP-
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`PLE-1003, ¶93. The lens of Inokawa provides precisely such a benefit to Aizawa’s
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`device by refracting/concentrating incoming light signals reflected by the blood.
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`Id.
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`As illustrated below, the device resulting from the obvious combination of
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`Aizawa and Inokawa would have replaced the flat cover (left) with a curved one as
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`per Inokawa (right) to “increase the light-gathering ability.” APPLE-1008, [0015].
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`
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`15
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`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
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`
`
`APPLE-1006, FIG. 1(b); APPLE-1003, ¶94.
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`
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`A POSITA would have understood how to implement Inokawa’s lens-
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`shaped cover in Aizawa’s device with a reasonable expectation of success, stem-
`
`ming from the significant overlap across the references in their teaching. APPLE-
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`1003, ¶95. For example, as illustrated below, Inokawa teaches that its cover may
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`be either flat (left) such that “the surface is less prone to scratches,” Inokawa at
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`[0106], or in the form of a lens (right) to “increase the light-gathering ability of the
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`LED.” Inokawa at [0015].
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`16
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`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
`
`
`APPLE-1008, FIG. 17 (left), FIG. 16 (right); APPLE-1003, ¶95. A POSITA
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`would have further recognized that the transparent acrylic material used to make
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`Aizawa’s plate can be readily formed into a lens-like shape as in Inokawa. AP-
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`PLE-1003, ¶96 (citing to APPLE-1009 at 3:46-51, FIG. 1, APPLE-1023, FIG. 6,
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`[0022], [0032], [0035]). Thus, a POSITA wanting to achieve improved light col-
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`lection efficiency over reduced scratch-susceptibility could have modified Ai-
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`zawa’s cover to have a lens shape as per Inokawa. Id.
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`The above-described modification would require only routine knowledge of
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`sensor design and assembly, which were well within the skill of a POSITA prior to
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`the Critical Date. Id. Thus, to achieve Aizawa’s and Inokawa’s shared goal of im-
`
`proving light collection efficiency, a POSITA would have been motivated to mod-
`
`ify Aizawa’s light permeable cover to have a lens shape as per Inokawa with a rea-
`
`sonable expectation of success. Id.
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`17
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`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
`
`Plurality of emitters
`As described in Section III.A.1, Aizawa discloses a pulse wave sensor in
`
`(b)
`
`which multiple detectors are disposed around a centrally located LED/emitter. AP-
`
`PLE-1006, [0023]. While Aizawa further contemplates the use of multiple emit-
`
`ters, Aizawa never specifically identifies the use of multiple emitters operating at
`
`different wavelengths in conjunction with multiple detectors. Id., [0033]; APPLE-
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`1003, ¶¶73-85.
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`In this context, Inokawa discloses using two different types of emitters “such
`
`as an infrared LED or a green LED” and that “work can be divided between the
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`various means, with an infrared LED used to detect vital signs and transmit vital
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`sign information, and a green LED used to detect pulse.” APPLE-1008, [0014];
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`see also id., [0044], [0058], [0059]; APPLE-1003, ¶74.
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`A POSITA reviewing Aizawa and Inokawa would have recognized In-
`
`okawa’s use of two different emitters operating at different wavelengths as a desir-
`
`able configuration that would reap similar benefits for Aizawa. APPLE-1003, ¶75.
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`For example, while Aizawa only expressly mentions using “light having a wave-
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`length of an infrared range” to detect the pulse rate, Inokawa discloses dividing the
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`role of a single LED into two different LEDs, specifically “with an infrared LED
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`used to detect vital signs and transmit vital sign information, and a green LED used
`
`to detect pulse.” APPLE-1008, [0014], [0044], [0058], [0059]. A POSITA would
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`18
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`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
`have recognized, in view of Inokawa, that providing an additional emitter to Ai-
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`zawa would allow Aizawa’s device to use its existing infrared LED to detect body
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`motion while using the added green LED to detect pulse. Id., [0059]. Indeed, In-
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`okawa expressly teaches that its “infrared LED 23 serves to sense body motion
`
`from the change in this reflected light” and that its “green LED 21” is used to
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`“sense the pulse from the light reflected off of the body.” APPLE-1008, [0059].
`
`Various other prior art pulse sensing devices teach using a first LED emitting at
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`less than 600 nm (e.g., green) for measuring blood flow and a second LED emit-
`
`ting at greater than 600 nm (e.g., infrared) for measuring body movement. AP-
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`PLE-1003, ¶75 (citing to APPLE-1010, 8:45-50). The added ability to measure
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`body movement can allow for a more reliable pulse measurement that takes into
`
`account and corrects for inaccurate readings stemming from body movement. Id.
`
`Thus, a POSITA would have been motivated and found it obvious to divide the
`
`single emitter of Aizawa, as shown below, into two emitters operating at two dif-
`
`ferent wavelengths. APPLE-1003, ¶76.
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`
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`19
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`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
`
`APPLE-1006, Fig. 1(b).
`
`A POSITA would have found it obvious to modify Aizawa with Inokawa to
`
`add an additional emitter because doing so merely entails the use of known solu-
`
`tions to improve similar systems and methods in the same way. APPLE-1003,
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`¶¶77-78. Indeed, “when a patent ‘simply arranges old elements with each perform-
`
`ing 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
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`that applying Inokawa’s teachings regarding two different LEDs to Aizawa’s sen-
`
`sor would have led to predictable results without significantly altering or hindering
`
`the functions performed by Aizawa’s sensor. APPLE-1003, ¶¶77-78. A POSITA
`
`would have been motivated to provide the well-known feature of providing multi-
`
`ple emitters to a pulse sensor to achieve the predictable benefits offered by In-
`
`okawa’s description of the same. Id. In fact, Aizawa itself contemplates the addi-
`
`tion of extra emitters, albeit for a different purpose. APPLE-1006, [0033].
`
`In addition to the above-described rationale for adding an extra emitter to
`
`Aizawa, Inokawa provides another, or alternative, motivation for improving
`
`Aizawa by adding a second LED/emitter. Specifically, Aizawa contemplates up-
`
`loading data to a base device yet is silent about how such data transmission would
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`20
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`Attorney Docket No. 50095-0008IP1
`IPR of U.S. Patent No. 10,292,628
`be implemented, instead leaving such implementation details to the POSITA. AP-
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`PLE-1006, [0015], [0023], [0035]; APPLE-1003, ¶¶79-80. In this context, as de-
`
`scribed above in Section III.A.2 and illustrated below, Inokawa teaches a base de-
`
`vice 17 (blue) that is able to both charge and receive data from the pulse sensor 1
`
`(red):
`
`
`APPLE-1008, FIG. 3, [0060]. By using the sensor’s infrared emitter to transmit
`
`data, “it is not necessary to use a wireless communication circuit or to establish
`
`connections via communication cable, which makes it possible to easily transmit
`
`vital sign information with few malfunctions and with a simple structure.” AP-
`
`PLE-1008, [0007]. A POSITA would have been motivated and found it obvious
`
`and straightforward to incorporate Inokawa’s base device and LED-based data
`
`transmission into Aizawa to, for instance, “make[] it possible to transmit vital sign
`
`information to the base device 17 accurately, easily, and without malfunction.” Id,
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`21
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`Attorney Docket No. 50095-0008IP1
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`[0077]. A POSITA would have further recognized that incorporating Inokawa’s
`
`base device and LED-based data transmission would allow Aizawa to upload data
`
`from its sensor in a way that is wireless (thus avoiding the problems of a physical
`
`cable) and that does not require a separate RF circuit. Id.; APPLE-1003, ¶81.
`
`Notably, Inokawa’s sensor is able to transmit data using only a single IR
`
`LED. APPLE-1008, [0062]. However, with reference to FIG. 19 below, Inokawa
`
`further teaches that using two LEDs further helps improve data transmission accu-
`
`racy by using the second LED, such as green LED, to transmit checksum infor-
`
`mation such that “the accuracy of data can be increased.” Id., [0111], [0044],
`
`[0048]; APPLE-1003, ¶82.
`
`APPLE-1008, FIG. 19. Thus, a POSITA would have been mot