IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Jeroen Poeze et al.
`In re Patent of:
`U.S. Patent No.: 10,588,553
`Issue Date:
`March 17, 2020
`Appl. Serial No.: 16/534,949
`Filing Date:
`August 7, 2019
`Title:
`MULTI-STREAM DATA COLLECTION SYSTEM FOR
`NONINVASIVE MEASUREMENT OF BLOOD CONSTITU-
`ENTS
`
`Attorney Docket No.: 50095-0012IP2
`
`
`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. 10,588,553 PURSUANT TO 35 U.S.C. §§ 311–319, 37 C.F.R. § 42
`
`
`
`
`
`

`

`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`TABLE OF CONTENTS
`
`I.
`
`MANDATORY NOTICES UNDER 37 C.F.R § 42.8(a)(1) ........................... 3
`A. Real Party-In-Interest Under 37 C.F.R. § 42.8(b)(1) ................................ 3
`B. Related Matters Under 37 C.F.R. § 42.8(b)(2) ......................................... 3
`C. Lead And Back-Up Counsel Under 37 C.F.R. § 42.8(b)(3) ..................... 4
`D. Service Information .................................................................................. 4
`PETITIONER HAS STANDING TO REQUEST IPR ................................... 4
`II.
`III. OVERVIEW OF THE ’553 PATENT ............................................................ 5
`A. Brief Description ....................................................................................... 5
`B. Level of Ordinary Skill in the Art ............................................................. 7
`C. Claim Construction ................................................................................... 7
`IV. APPLICATION OF PRIOR ART TO THE ’553 PATENT CLAIMS ........... 8
`A. Asserted Grounds and References ............................................................ 8
`B. GROUND 1: Claims 1-6, 9-18, 20-24, and 29 are obvious over Aizawa,
`Inokawa, and Ohsaki ................................................................................. 9
`1. Overview of Aizawa ........................................................................ 9
`2. Overview of Inokawa .................................................................... 12
`3. Overview of Ohsaki....................................................................... 15
`4.
`Combination of Aizawa, Inokawa, and Ohsaki ............................ 16
`5. Manner in which Aizawa-Inokawa-Ohsaki discloses Claims 1-6,
`9-18, 20-24, and 29........................................................................ 32
`C. GROUND 2 – Claims 7 and 19 are obvious over Aizawa, Inokawa,
`Ohsaki, and Mendelson-2006 ................................................................. 75
`1. Overview of Mendelson-2006 ....................................................... 75
`2.
`Combination of Aizawa, Inokawa, Ohsaki, and Mendelson-2006
` ....................................................................................................... 77
`3. Manner in which Aizawa, Inokawa, Ohsaki, and Mendelson-2006
`render obvious Claims 7 and 19 .................................................... 83
`D. GROUND 3 – Claims 8 and 25-28 are obvious over Aizawa, Inokawa,
`Ohsaki, Mendelson-2006, and Sherman ................................................. 94
`1. Overview of Sherman .................................................................... 94
`2.
`Combination of Aizawa, Inokawa, Ohsaki, Mendelson-2006, and
`Sherman ......................................................................................... 95
`3. Manner in which Aizawa, Inokawa, Ohsaki, Mendelson-2006, and
`Sherman render obvious Claims 8 and 25-28 ............................... 98
`PTAB DISCRETION SHOULD NOT PRECLUDE INSTITUTION ........101
`E. Factor 1: Institution Will Increase Likelihood of Stay .........................101
`
`V.
`
`i
`
`

`

`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`F. Factor 2: District Court Schedule .........................................................102
`G. Factor 3: Apple’s Investment in IPR Outweighs Forced Investment in
`Litigation to Date ..................................................................................102
`H. Factor 4: The Petition Raises Unique Issues ........................................103
`I. Factor 5: The Petition Enables the Board to Resolve Invalidity of Claims
`that Might Otherwise be Reasserted .....................................................104
`J. Factor 6: Other Circumstances Support Institution ..............................105
`VI. CONCLUSION ............................................................................................105
`VII. PAYMENT OF FEES – 37 C.F.R. § 42.103 ...............................................105
`
`
`
`ii
`
`

`

`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`
`EXHIBITS
`
`APPLE-1001
`
`US Patent No. 10,588,553
`
`APPLE-1002
`
`File History for U.S. Patent No. 10,588,553
`
`APPLE-1003
`
`Declaration of Dr. Kenny
`
`APPLE-1004
`
`Curriculum Vitae of Dr. Kenny
`
`APPLE-1005
`
`Masimo Corporation, et al. v. Apple Inc., Complaint, Civil Ac-
`tion No. 8:20-cv-00048 (C.D. Cal.)
`
`APPLE-1006
`
`US Pub. No. 2002/0188210 (“Aizawa”)
`
`APPLE-1007
`
`JP Pub. No. 2006/296564 (“Inokawa”)
`
`APPLE-1008
`
`Certified English Translation of Inokawa and Translator’s Dec-
`laration
`
`APPLE-1009
`
`US Pub. No. 2001/0056243 (“Ohsaki”)
`
`APPLE-1010
`
`“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-1011
`
`US Patent No. 4,941,236 (“Sherman”)
`
`APPLE-1012
`
`RESERVED
`
`APPLE-1013
`
`US Pub. No. 2004/0054291 (“Schulz”)
`
`APPLE-1014-1018
`
`RESERVED
`
`APPLE-1019
`
`Design of Pulse Oximeters, J.G. Webster; Institution of Physics
`Publishing, 1997 (“Webster”)
`
`iii
`
`

`

`APPLE-1020
`
`APPLE-1021
`
`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`QuickSpecs; HP iPAQ Pocket PC h4150 Series
`
`How to Do Everything with Windows Mobile, Frank McPher-
`son; McGraw Hill, 2006 (“McPherson”)
`
`APPLE-1022
`
`Master Visually Windows Mobile 2003, Bill Landon, et al.;
`Wiley Publishing, Inc., 2004 (“Landon”)
`
`APPLE-1023
`
`“Stimulating Student Learning with a Novel ‘In-House’ Pulse
`Oximeter Design,” J. Yao and S. Warren; Proceedings of the
`2005 American Society for Engineering Education Annual
`Conference & Exposition, 2005 (“Yao”)
`
`APPLE-1024
`
`US Pub. No. 2008/0194932 (“Ayers”)
`
`APPLE-1025
`
`U.S. Patent No. 7,031,728 (“Beyer”)
`
`APPLE-1026
`
`US Pub. No. 2007/0145255 (“Nishikawa”)
`
`APPLE-1027-1030
`
`RESERVED
`
`APPLE-1031
`
`Scheduling Order, Masimo v. Apple et al., Case 8:20-cv-00048,
`Paper 37 (April 17, 2020)
`
`APPLE-1032
`
`Stipulation by Apple
`
`APPLE-1033
`
`Telephonic Status Conference, Masimo v. Apple et al., Case
`8:20-cv-00048, Paper 78 (July 13, 2020)
`
`APPLE-1034
`
`APPLE-1035
`
`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/
`
`iv
`
`

`

`APPLE-1036
`
`Declaration of Jacob R. Munford
`
`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`
`v
`
`

`

`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`Apple Inc. (“Petitioner” or “Apple”) petitions for Inter Partes Review
`
`(“IPR”) of claims 1-29 (“the Challenged Claims”) of U.S. Patent No. 10,588,553
`
`(“’553 Patent”). As explained in this Petition, there exists a reasonable likelihood
`
`that Apple will prevail with respect to at least one of the Challenged Claims.
`
`The ’553 Patent describes and claims a purported improvement to a “nonin-
`
`vasive optical physiological sensor”: a cover with “a single protruding convex sur-
`
`face” that is configured to be located between “at least four” detectors and user tis-
`
`sue, and that is operable to conform user tissue to the surface when the sensor is
`
`worn. APPLE-1001, 14:3-10, 36:30-41, 44:50-67 (claim 1), FIGS. 1, 14D. Each
`
`detector “can be implemented using one or more photodiodes, phototransistors, or
`
`the like,” “can capture and measure light transmitted from [an] emitter … that has
`
`been attenuated or reflected from the tissue,” and can “output a detector signal …
`
`responsive to the light ….” Id., 14:3-10. Placement of a cover with a protrusion
`
`over the detectors is said to offer multiple benefits; the protrusion may, for exam-
`
`ple, “penetrate[] into the tissue and reduce[] the path length of the light ….” Id.,
`
`14:3-10, 24:16-35, 10:61-11:13.
`
`But the claimed sensor was not new. To the contrary, the ’553 Patent was
`
`granted without full consideration to the wide body of applicable prior art. See
`
`generally APPLE-1002 (no office actions issued during the prosecution of the ap-
`
`plication from which the ’553 Patent issued). And, as Dr. Thomas Kenny explains
`
`1
`
`

`

`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`in his accompanying declaration with respect to the prior art applied in this Peti-
`
`tion, noninvasive optical physiological sensors such as pulse rate detectors and
`
`pulse oximeters commonly included covers by the ’553 Patent’s earliest effective
`
`filing date, and a sensor including each feature of the Challenged Claims would
`
`have been obvious to a POSITA. APPLE-1003, ¶¶[0040]-[0043]; APPLE-1001,
`
`44:50-47:22.
`
`For example, Aizawa (APPLE-1006) describes a pulse wave sensor featur-
`
`ing “four photodetectors” disposed around a central light source and a “holder”
`
`that secures the light source and photodetectors. APPLE-1003, ¶[0023]; APPLE-
`
`1006, FIGS. 1(a), 1(b). And, similar to the ’553 Patent, Ohsaki (APPLE-1009) de-
`
`scribes an optical sensor that features a cover with a protruding convex surface that
`
`is placed “in intimate contact with the surface of the user’s skin” when the sensor
`
`is worn. APPLE-1009, Title, Abstract, ¶¶[0016], [0017], FIGS. 1, 2. Ohsaki is not
`
`alone, as Inokawa (APPLE-1007, APPLE-1008) and other references likewise dis-
`
`close covers with protruding convex surfaces for use in optical sensors. APPLE-
`
`1008, ¶¶14-15, FIGS. 2, 3. And, as Dr. Kenny explains, a POSITA would have
`
`found it obvious to utilize such a cover in Aizawa’s sensor. APPLE-1003,
`
`¶¶[0055]-[0063], [0068]-[0094].
`
`Accordingly, the Challenged Claims are unpatentable based on teachings set
`
`forth in at least the references presented in this Petition. APPLE-1003, ¶¶[0001]-
`
`2
`
`

`

`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`[0326]. Apple respectfully submits that an IPR should be instituted, and that the
`
`Challenged Claims should be canceled as unpatentable.
`
`
`I. MANDATORY NOTICES UNDER 37 C.F.R § 42.8(a)(1)
`A. Real Party-In-Interest Under 37 C.F.R. § 42.8(b)(1)
`Apple Inc. is the real party-in-interest (RPI).
`
`
`
`B. Related Matters Under 37 C.F.R. § 42.8(b)(2)
`Patent Owner filed a complaint on January 9, 2020 in the U.S. District Court
`
`for the Central District of California (CDCA) (Case No. 8:20-cv-00048) against
`
`Apple, alleging infringement by Apple of the ’553 Patent. The complaint was
`
`served to Apple on January 13, 2020.
`
`This Petition is being filed concurrently with another petition for IPR of the
`
`’553 Patent (IPR2020-01536) and with a petition for IPR of related U.S. Patent No.
`
`10,258,265 (IPR2020-01520).1 No other petitions for IPR of the ’553 Patent have
`
`been filed.
`
`
`
` 1
`
` Pursuant to the Trial Practice Guide, both petitions for IPR of the ’553 Patent are
`
`being filed with a paper providing a succinct explanation of the differences be-
`
`tween the petitions, why the issues addressed by the differences are material, and
`
`why the Board should exercise its discretion to institute both petitions.
`
`3
`
`

`

`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`C. Lead And Back-Up Counsel Under 37 C.F.R. § 42.8(b)(3)
`Apple provides the following designation of counsel.
`
`LEAD COUNSEL
`W. Karl Renner, Reg. No. 41,265
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel: 202-783-5070
`Fax: 877-769-7945
`Email: IPR50095-0012IP2@fr.com
`
`
`BACKUP COUNSEL
`Andrew B. Patrick, Reg. No. 63,471
`Fish & Richardson P.C.
`3200 RBC Plaza
`60 South Sixth Street
`Minneapolis, MN 55402
`Tel: 202-783-5070
`Fax: 877-769-7945
`Email: PTABInbound@fr.com
`
`D. Service Information
`Please address all correspondence and service to the address listed above.
`
`Petitioner consents to electronic service by email at IPR50095-0012IP2@fr.com
`
`(referencing No. 50095-0012IP2 and cc’ing PTABInbound@fr.com, axf-
`
`ptab@fr.com and patrick@fr.com).
`
`
`
`II.
`
`PETITIONER HAS STANDING TO REQUEST IPR
`Apple certifies that the ’553 Patent is available for IPR. This Petition is be-
`
`ing filed within one year of service of a complaint against Apple in Masimo Cor-
`
`poration et al. v. Apple Inc., Case No. 8:20-cv-00048 (C.D. Cal.). Apple is not
`
`barred or estopped from requesting review on the below-identified grounds.
`
`
`
`
`
`4
`
`

`

`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`
`III. OVERVIEW OF THE ’553 PATENT
`A. Brief Description
`The ’553 Patent generally relates to “noninvasive methods, devices, and sys-
`
`tems for measuring a blood constituent or analyte … or for measuring many other
`
`physiologically relevant patient characteristics.” APPLE-1001, 2:29-37.
`
`
`
`The system described by the ’553 Patent is said to include, in one embodi-
`
`ment, “a noninvasive sensor and a patient monitor communicating with the nonin-
`
`vasive sensor.” APPLE-1001, 2:38-40. The exemplary data collection system 100
`
`illustrated by the ’553 Patent’s FIG. 1 (reproduced below) includes “a sensor 101
`
`… that is coupled to a processing device or physiological monitor 109.” Id., 5:35-
`
`38, 11:47-49.
`
`
`
`APPLE-1001, FIG. 1
`
`5
`
`

`

`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`“The non-invasive sensor may include different architectures,” and the “pa-
`
`
`
`tient monitor” with which the sensor communicates may “include a display de-
`
`vice,” and “a network interface communicating with any one or combination of a
`
`computer network, a handheld computing device, a mobile phone, the Internet, or
`
`the like.” Id., 2:45-48.
`
`The ’553 Patent describes several potential sensor architectures with respect
`
`to FIGS. 14A-14I. APPLE-1001, 6:38-49, 35:36-38:20. For example, the ’553 Pa-
`
`tent’s FIG. 14C (reproduced below) illustrates a sensor featuring a “detector sub-
`
`mount 1400c … positioned under [a] protrusion 605b in a detector subassembly
`
`1450 illustrated in FIG. 14D” (also reproduced below).
`
`APPLE-1001, FIGS. 14C, 14D
`
`
`
`6
`
`

`

`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`As illustrated in FIG. 14D, a housing 1430 including “a transparent cover
`
`1432, upon which the protrusion 605b is disposed” surrounds each of the detectors
`
`1410c. APPLE-1001, 36:30-41; APPLE-1003, ¶¶[0044]-[0054].
`
`B. Level of Ordinary Skill in the Art
`A person of ordinary skill in the art relating to the subject matter of the ’553
`
`Patent as of July 3, 2008 (“POSITA”) would have been a person with a working
`
`knowledge of physiological monitoring technologies. The POSITA would have
`
`had a Bachelor of Science degree in an academic discipline emphasizing the design
`
`of electrical, computer, or software technologies, in combination with training or at
`
`least one to two years of related work experience with capture and processing of
`
`data or information, including but not limited to physiological monitoring technol-
`
`ogies. APPLE-1003, ¶¶[0001]-[0018], [0020]-[0021]. Additional education in a
`
`relevant field or industry experience may compensate for one of the other aspects
`
`of the POSITA characteristics stated above. Id.
`
`C. Claim Construction
`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 ’554 patent specification, no
`
`formal claim constructions are necessary in this proceeding because “claim terms
`
`7
`
`

`

`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`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). APPLE-
`
`1003, ¶[0022].
`
`Furthermore, Apple is not conceding that each challenged feature satisfies
`
`all statutory requirements such as 35 U.S.C. § 112. As this is an IPR petition, Ap-
`
`ple is pursuing prior art-based grounds. Apple is not waiving any arguments con-
`
`cerning other grounds that can only be raised in district court.
`
`
`IV. APPLICATION OF PRIOR ART TO THE ’553 PATENT CLAIMS
`A. Asserted Grounds and References
`The Challenged Claims are invalid based on the grounds noted in the table
`
`below, as further explained in this Petition. Accompanying explanations and sup-
`
`port are provided in the Declaration of Dr. Thomas Kenny (APPLE-1003). AP-
`
`PLE-1003, ¶¶[0001]-[0328].
`
`Claims
`1-6, 9-18, 20-24, and
`29
`7 and 19
`
`8 and 25-28
`
`Basis for Rejection
`Obvious (§ 103) based on Aizawa in
`combination with Inokawa and Ohsaki
`Obvious (§ 103) based on Aizawa in
`combination with Inokawa, Ohsaki, and
`Mendelson-2006
`Obvious (§ 103) based on Aizawa in
`combination with Inokawa, Ohsaki,
`Mendelson-2006, and Sherman
`
`Ground
`1
`
`2
`
`3
`
`
`
`8
`
`

`

`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`Each applied reference pre-dates U.S. provisional application 61/078,207,
`
`filed on July 3, 2008, which is the earliest filed application from which the ’553
`
`Patent claims priority. Petitioner does not take a position as to whether the ’553
`
`Patent is entitled to the priority date of July 3, 2008 (hereinafter “Critical Date” or
`
`“Earliest Effective Filing Date”), but has applied references that pre-date the Criti-
`
`cal Date and qualify as prior art, as shown in the table below. APPLE-1003,
`
`¶[0019].
`
`Aizawa
`
`Inokawa
`
`Ohsaki
`
`Mendelson-
`2006
`
`Sherman
`
`
`
`Reference
`
`Date
`
`Sec-
`tion
`
`US 2002/0188210
`
`12/12/2002 (published)
`
`102(b)
`
`JP 2006/296564
`
`11/02/2006 (published)
`
`102(b)
`
`US 2001/0056243
`
`12/27/2001 (published)
`
`102(b)
`
`(NPL)
`
`09/2006 (published)
`
`102(b)
`
`US 4,941,236
`
`07/17/1990 (issued)
`
`102(b)
`
`B. GROUND 1: Claims 1-6, 9-18, 20-24, and 29 are obvious
`over Aizawa, Inokawa, and Ohsaki
`1. Overview of Aizawa
`Aizawa relates to a “pulse wave sensor…detecting light output from a
`
`light emitting diode and reflected from the artery of a wrist of a subject.” AP-
`
`PLE-1006, Abstract. Aizawa’s sensor includes “four photodetectors disposed
`
`9
`
`

`

`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`around the light emitting diode” and a “holder” that secures the light emitting
`
`diode (LED) and photodetectors. Id., ¶[0023]; FIGS. 1(a), 1(b).
`
`The sensor can be worn by a subject with the LED facing toward the sub-
`
`ject’s wrist, and fastened using a belt. Id., ¶[0026]. In operation, the light emit-
`
`ting diode irradiates an artery of the wrist “with light having a wavelength of an
`
`infrared range,” and the optical sensor non-invasively detects “the pulse
`
`wave…from light reflected from a red corpuscle in the artery.” APPLE-1006,
`
`¶¶[0002], [0008]-[0018]; APPLE-1003, ¶¶[0055]-[0060].
`
`In more detail, and as shown in Aizawa’s FIGS. 1(a) and 1(b), Aizawa’s
`
`“pulse wave detector” includes an optical sensor featuring “an LED 21,” four pho-
`
`todetectors 22 disposed symmetrically on a circle concentric to the LED 21, and
`
`“a holder 23 for storing the above light emitting diode 21 and the photodetectors
`
`22.”2 APPLE-1006, ¶[0023].
`
`
`
` 2
`
` Throughout this Petition, bolding in quotations is added for emphasis, unless oth-
`
`erwise indicated.
`
`10
`
`

`

`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`
`
`
`APPLE-1006, FIGS. 1(a) (top, annotated), 1(b) (bottom, annotated)
`
`As illustrated, Aizawa’s pulse rate detector also includes “a drive detec-
`
`tion circuit 24 for detecting a pulse wave by amplifying the outputs of the pho-
`
`todetectors 22,” “an arithmetic circuit [3] for computing a pulse rate from the
`
`detected pulse wave data,” and “a transmitter [4] for transmitting the above
`
`pulse rate data to an unshown display.” APPLE-1006, ¶[0023].
`
`11
`
`

`

`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`Aizawa’s pulse wave sensor transmits its data to an “unshown display,” and
`
`can be “coupled to devices making use of bio signals” and/or a device that per-
`
`forms computations. Id., ¶[0023], [0028], [0035].
`
`To improve adhesion between the sensor and the subject’s wrist, Ai-
`
`zawa’s sensor also includes an acrylic transparent plate positioned between the
`
`photodetectors and the wrist. APPLE-1006, ¶[0034]. For example, Aizawa’s
`
`FIG. 1(b) shows the plate in contact with the user’s wrist. Id., FIG. 1(b).
`
`APPLE-1006, FIG. 1(b) (annotated)
`
`
`
`
`
`2. Overview of Inokawa
`Inokawa is directed to a wearable optical sensing system that gathers
`
`“various kinds of vital sign information such as pulse.” APPLE-1008, ¶[0001].
`
`Inokawa’s system includes a sensor and a base device. Id., ¶¶[0055]-[0066].
`
`12
`
`

`

`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`The sensor includes a “pair of light-emitting elements,” the reflected light of
`
`which is used to “sense the pulse” of the subject by detecting “change in the
`
`amount of hemoglobin in the capillary artery,” and to sense “body motion”; the
`
`sensor also includes a “single photodiode” that “receives the reflected light”
`
`from the light-emitting elements. Id., ¶¶[0058]-[0059], FIG. 2. A convex lens
`
`(highlighted in light blue) is placed between the photodiode and the subject’s
`
`skin. Id., The lens is sufficiently rigid to make the tissue conform to the convex
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`surface of the lens. Id.
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`APPLE-1008, FIG. 2 (annotated)
`
`The base device is “a charger with communication functionality that is
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`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`used when the pulse sensor…is mounted.” Id., ¶[0060]; FIG. 3. When the sen-
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`sor is mounted onto the base device, “vital sign information…such as pulse and
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`body motion, is transmitted to the base device…using the…infrared LED.” Id.,
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`¶[0076]. In other words, the sensor component transmits the collected data to a
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`computer through the base device, using an optical communications interface
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`implemented through the infrared LED. APPLE-1003, ¶¶[0061]-[0062].
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`APPLE-1008, FIG. 3
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`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
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`3. Overview of Ohsaki
`Ohsaki is titled “Wristwatch-type human pulse wave sensor attached on
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`back side of user’s wrist” and, as illustrated in Ohsaki’s FIG. 1 (reproduced be-
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`low), is generally directed to a wrist-worn “pulse wave sensor” (APPLE-1009,
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`¶[0016]) featuring a “light emitting element” and a “light receiving element.”
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`Id., ¶[0017]. Ohsaki’s sensor addresses problems such as user discomfort and
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`movement of the sensor by using a “translucent board” with a convex surface
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`that is “in intimate contact with the surface of the user’s skin” to prevent slip-
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`page. Id., ¶¶[0009]-[0010]. Because the intensity of the light received by the
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`detecting element “largely varies depending on the shift amount,” or amount of
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`movement of the detecting element, Ohsaki’s convex surface reduces the “varia-
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`tion of the amount of reflected light which is emitted” from the LED and
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`reaches the detecting element after reflection from the user’s skin. Id., ¶[0025],
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`FIG. 2; APPLE-1003, ¶[0063].
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`15
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`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
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`APPLE-1009, FIG. 2
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`
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`4. Combination of Aizawa, Inokawa, and Ohsaki
`Plurality of emitters
`
`As described in Section IV.B.1, Aizawa discloses a pulse wave sensor in
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`which multiple detectors are disposed around a centrally located LED/emitter.
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`APPLE-1006, ¶[0023]. Aizawa explains that “[t]he arrangement of the light
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`emitting diode 21 and the photodetectors 22 is not limited” to that shown or de-
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`scribed in connection with any particular embodiment. APPLE-1006, ¶[0032].
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`Although Aizawa emphasizes the desirability of disposing photodetectors “on a
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`16
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`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`circle concentric to” a light source, so as to enable accurate pulse wave detec-
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`tion “even when the attachment position of the pulse rate detector 1 is dislo-
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`cated,” Aizawa describes alternative arrangements in which “a plurality of light
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`emitting diodes 21” are employed. Id., ¶¶[0032]-[0033].
`
`A POSITA would have combined the teachings of Aizawa and Inokawa
`
`such that Aizawa’s pulse wave sensor would include an additional LED as
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`taught by Inokawa to improve the detected pulse wave by distinguishing be-
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`tween blood flow detection and body movement. APPLE-1008, ¶[0059] (de-
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`scribing the use of the “S-side green LED 21…to sense the pulse from the light
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`reflected off of the body (i.e. change in the amount of hemoglobin in the capil-
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`lary artery), while the S-side infrared LED 23 serves to sense body motion from
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`the change in this reflected light”); APPLE-1006, ¶[0006] (recognizing the
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`problem of weak signals from a wearable sensor because the sensor “detects the
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`motion of a red corpuscle…and is easily affected by noise caused by the shak-
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`ing of the body of the subject), ¶[0028] (describing a device for “computing the
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`amount of motion load” such that the motion can be compensated for); APPLE-
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`1003, ¶¶[0068]-[0083].
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`As explained in Section IV.B. 2, Inokawa is directed to a wearable optical
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`sensing system that gathers “various kinds of vital sign information,” (APPLE-
`
`1008, ¶[0001]) including pulse and body motion. Id., ¶¶[0058]-[0059]; FIG. 2.
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`17
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`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`Indeed, in addition to enabling optical communication, the use of multiple LEDs
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`emitting light at different wavelengths—e.g. infrared and green LEDs—enables
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`Inokawa’s sensor to detect body motion. APPLE-1008, ¶[0014]; APPLE-1003,
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`¶¶[0061]-[0062], [0071]-[0072]. As Inokawa explains, “when using sensor-side
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`light-emitting means of various kinds…the manner of use can be adjusted ac-
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`cording to the properties of each respective means” such that “work can be di-
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`vided between the various means, with an infrared LED used to detect vital
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`signs and transmit vital sign information, and a green LED used to detect
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`pulse.” APPLE-1008, ¶¶[0014], [0040].
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`As explained in Section IV.B.2, a “green LED” is used to determine a sub-
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`ject’s pulse whereas an “infrared LED” is used to sense “body motion.” Id.,
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`¶¶[0058]-[0059]; APPLE-1003, ¶¶[00061]-[0062].
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`
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`APPLE-1008, FIG. 2 (annotated)
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`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`To obtain the advantages described by Inokawa (e.g., to improve the de-
`
`tected pulse wave by enabling the sensor to distinguish between blood flow de-
`
`tection and body movement, in addition to enabling wireless communication be-
`
`tween the sensor and a base station), a POSITA would have configured Ai-
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`zawa’s pulse wave sensor to include at least two LEDs. APPLE-1003, ¶[; AP-
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`PLE-1008, ¶¶[0058]-[0059]; APPLE-1006, ¶¶[0006], [0028].
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`As illustrated below, the Aizawa-Inokawa sensor would have featured
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`two LEDs in place of Aizawa’s LED 21. APPLE-1003, ¶[0075].
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`19
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`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`
`
`APPLE-1006, FIGS. 1(a) (top, annotated) and 1(b) (bottom, annotated)
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`Aizawa-Inokawa would have utilized two LEDs that emit two different
`
`wavelengths. APPLE-1003, ¶[0076]. LED 21 in the implementation shown in
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`Aizawa’s FIG. 1(b) would be replaced with two LEDs. In this manner, Ai-
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`zawa’s sensor would have been improved through the implementation of a sepa-
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`rate LED to account for motion load that the system records and accounts for.
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`APPLE-1006, ¶¶[0006], [0028], [0035].
`
`A POSITA would have combined the teachings of Aizawa and Inokawa
`
`as doing so would have amounted to nothing more than the use of a known tech-
`
`nique to improve similar devices in the same way and combining prior art ele-
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`ments according to known methods to yield predictable results. KSR v. Teleflex,
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`550 U.S. 398, 417 (2007); APPLE-1003, ¶[0077]. Here, the combination is
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`20
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`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`nothing more than improving Aizawa’s pulse wave sensor that uses a single
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`LED with the use of a known technique disclosed by Inokawa to detect and rec-
`
`ord body motion in addition to blood flow. Id.
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`Furthermore, the elements of the combined system would each perform
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`similar functions they had been known to perform prior to the combination. Id.
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`For instance, in Aizawa-Inokawa, Aizawa’s photodetectors would still detect
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`light emitted by the LEDs and reflected by the subject’s wrist, and Inokawa’s
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`two LEDs would still be used to emit light at different wavelengths. Id. Fur-
`
`thermore, a POSITA would have readily understood how to select different pho-
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`todiodes with different sensitivities to detect the different wavelengths of light
`
`emitted by the two LEDs. Id.
`
`A POSITA would have looked to Inokawa’s disclosure of two LEDs
`
`emitting light of different wavelengths, in part, because it provides additional
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`functionality, including that of wireless communication with a base station. Id.
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`In particular, Inokawa’s base device 17 receives, for example, “pulse and body
`
`motion” data through “the S-side infrared LED 23 of the pulse sensor 1 and the
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`B-side PD 45 of the base device 17.” APPLE-1008, ¶[0076]. “As a result, there
`
`is no need to use a special wireless communication circuit or a communication
`
`cable as previously, which makes it possible to transmit vital sign information to
`
`the base device 17 accurately, easily, and without malfunction.” Id., ¶[0077].
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`21
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`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`In other words, the LEDs provided on the sensor can also be used to “accu-
`
`rately, easily, and without malfunction” transmit the sensed data to a base sta-
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`tion. APPLE-1003, ¶[0078].
`
`Although Inokawa shows its two emitters emitting light toward a cen-
`
`trally located detector, a POSITA would have recognized that the same effect
`
`can be achieved by having the emitters located centrally instead and emitting ra-
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`dially outward. APPLE-1003, ¶[0079]. Indeed, Aizawa itself recognizes this
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`reversibility, stating that while the configurations depicted include a central
`
`emitter surrounded by detectors, the “same effect can be obtained when…a plu-
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`rality of light emitting diodes 21 are disposed around the photodetector 22.”
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`APPLE-1006, ¶[0033].
`
`With reference to FIG. 19 below, Inokawa further teaches that the use of
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`two LEDs instead of one helps improve data transmission accuracy by using the
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`second LED to transmit checksum information. APPLE-1003, ¶[0080]. For ex-
`
`ample, Inokawa describes that “the presence of two pairs of light-emitting and
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`light-receiving elements makes it possible to efficiently transmit information,”
`
`including increasing the “accuracy of data…by transmitting and receiving a
`
`checksum signal using, for example, the S-side green LED 165 and the other
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`B-side PD 157.” APPLE-1008, ¶¶[0111], [0044], [0048].
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`22
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`Attorney Docket No. 50095-0012IP2
`IPR of U.S. Patent No. 10,588,553
`
`APPLE-1008, FIG. 19 (annotated)
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`
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`Intrinsic and extrinsic records confirm that a POSITA would have natu-
`
`rally looked to another wearable physiological sensor, as disclosed in Inokawa,
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`for transmission details. APPLE-1003, ¶[0081]. Aizawa’s device contemplates
`
`uploading data to a base device but is silent about how such transmission would
`
`be implemented. APPLE-1006, ¶[0023] (describing its “transmitter for trans-
`
`mitting the above pulse rate data to an unshown display”), ¶[0028] (describing
`
`t