IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Poeze, et al.
`In re Patent of:
`U.S. Patent No.: 10,258,266
`Issue Date:
`April 16, 2019
`Appl. Serial No.: 16/212,537
`Filing Date:
`December 6, 2018
`Title:
`MULTI-STREAM DATA COLLECTION SYSTEM FOR
`NON-INVASIVE MEASUREMENT OF BLOOD
`CONSTITUENTS
`
`Attorney Docket No.: 50095-0007IP1
`
`
`Mail Stop Patent Board
`Patent Trial and Appeal Board
`U.S. Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`
`DECLARATION OF JACOB ROBERT MUNFORD
`
`
`
`
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`
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`1
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`APPLE 1040
`Apple v. Masimo
`IPR2021-00208
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`

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`1. My name is Jacob Robert Munford. I am over the age of 18, have personal
`
`knowledge of the facts set forth herein, and am competent to testify to the
`
`same.
`
`2. I earned a Master of Library and Information Science (MLIS) from the
`
`University of Wisconsin-Milwaukee in 2009. I have over ten years of
`
`experience in the library/information science field. Beginning in 2004, I
`
`have served in various positions in the public library sector including
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`Assistant Librarian, Youth Services Librarian and Library Director. I have
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`attached my Curriculum Vitae as Appendix A.
`
`3. During my career in the library profession, I have been responsible for
`
`materials acquisition for multiple libraries. In that position, I have cataloged,
`
`purchased and processed incoming library works. That includes purchasing
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`materials directly from vendors, recording publishing data from the material
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`in question, creating detailed material records for library catalogs and
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`physically preparing that material for circulation. In addition to my
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`experience in acquisitions, I was also responsible for analyzing large
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`collections of library materials, tailoring library records for optimal catalog
`
`1
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`2
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`

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`search performance and creating lending agreements between libraries
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`during my time as a Library Director.
`
`
`4. I am fully familiar with the catalog record creation process in the library
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`sector. In preparing a material for public availability, a library catalog record
`
`describing that material would be created. These records are typically
`
`written in Machine Readable Catalog (herein referred to as “MARC”) code
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`and contain information such as a physical description of the material,
`
`metadata from the material’s publisher, and date of library acquisition. In
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`particular, the 008 field of the MARC record is reserved for denoting the
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`date of creation of the library record itself. As this typically occurs during
`
`the process of preparing materials for public access, it is my experience that
`
`an item’s MARC record indicates the date of an item’s public availability.
`
`
`5. Typically, in creating a MARC record, a librarian would gather various bits
`
`of metadata such as book title, publisher and subject headings among others
`
`and assign each value to a relevant numerical field. For example, a book’s
`
`physical description is tracked in field 300 while title/attribution is tracked in
`
`field 245. The 008 field of the MARC record is reserved for denoting the
`
`creation of the library record itself. As this is the only date reflecting the
`
`inclusion of said materials within the library’s collection, it is my experience
`
`
`
`2
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`3
`
`

`

`that an item’s 008 field accurately indicates the date of an item’s public
`
`availability.
`
`
`6. This declaration is being drafted as of June 2021. Public and university
`
`libraries in my area have been closed for months due to the COVID-19
`
`pandemic. My state, Pennsylvania, has a travel advisory, which has affected
`
`my ability to travel. In my experience, library catalog records are accurate
`
`descriptions of a library’s collection and my lack of physical access to
`
`libraries at this time creates no doubt in my determinations of authenticity or
`
`availability of the exhibits noted below.
`
`
`7. I have reviewed Exhibit 1024, a copy of an article entitled “Measurement
`
`Site and Photodetector Size Considerations in Optimizing Power
`
`Consumption of a Wearable Reflectance Pulse Oximeter” by Y. Mendelson
`
`and C. Pujary as published in the Proceedings of the 25th Annual
`
`International Conference of the IEEE Engineering in Medicine and Biology
`
`Society, September 17 – 21, 2003 (hereinafter referred to as “2003 IEEE
`
`conference publication”).
`
`
`8. Attached hereto as Appendix MENDELSON01 is a true and correct copy of
`
`the MARC record for the 2003 IEEE conference publication, as held by the
`
`
`
`3
`
`4
`
`

`

`Pennsylvania State University’s library. I secured this record myself from
`
`the library’s public catalog.
`
`
`9. The MARC record contained within Appendix MENDELSON01 accurately
`
`describes the title, author, publisher, and ISBN number of the 2003 IEEE
`
`conference publication. In comparing the listed fields in Appendix
`
`MENDELSON01 to Exhibit 1024, it is my determination that Exhibit 1024
`
`is a true and correct copy of the “Measurement Site and Photodetector Size
`
`Considerations in Optimizing Power Consumption of a Wearable
`
`Reflectance Pulse Oximeter” article, and that the copy of the 2003 IEEE
`
`conference publication in Pennsylvania State University’s library includes
`
`the article in Exhibit 1024.
`
`
`10. The 008 field of the MARC record noted on page 1 of Appendix
`
`MENDELSON01 indicates that the 2003 IEEE conference publication was
`
`first cataloged by the Pennsylvania State University’s library as of February
`
`4, 2004. Based on this information and considering the dates of the
`
`conference, it is my determination that the 2003 IEEE conference
`
`publication, which included the article published as Exhibit 1024, was made
`
`available to the public by the Pennsylvania State University at least as of
`
`February 4, 2004.
`
`
`
`4
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`5
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`

`

`
`
`11. Attached hereto as Appendix IEEE02 is a true and correct copy of a
`
`declaration made by Mr. Gordon MacPherson, “Director Board Governance
`
`& IP Operations of The Institute of Electrical and Electronics Engineers,
`
`Incorporated.” Mr. MacPherson’s declaration Appendix IEEE02 states that
`
`the “IEEE publishes and makes available technical articles and standards” as
`
`part of its “ordinary course of business,” and that these publications are
`
`“made available for public download through the IEEE digital library, IEEE
`
`Xplore.”
`
`
`
`12. Mr. MacPherson’s declaration includes, as Exhibit A, an article referred to
`
`as “Y. Mendelson and C. Pujary, ‘Measurement site and photodetector size
`
`considerations in optimizing power consumption of a wearable reflectance
`
`pulse oximeter’, Proceedings of the 25th Annual International Conference of
`
`the IEEE Engineering in Medicine and Biology Society, September 17 – 21,
`
`2003,” which was obtained “through IEEE Xplore, where it is maintained in
`
`the ordinary course of IEEE’s business.” Exhibit A also includes a screen
`
`capture of the IEEE Xplore portal page for the above-noted article.
`
`
`
`
`
`5
`
`6
`
`

`

`13. In comparing the listed fields in Exhibit A of Appendix IEEE02 to Appendix
`
`MENDELSON01 and comparing Exhibit A of Appendix IEEE02 to Exhibit
`
`1024, it is my determination that Exhibit 1024 is a true and correct copy of
`
`the “Measurement site and photodetector size considerations in optimizing
`
`power consumption of a wearable reflectance pulse oximeter” article, and
`
`that the copy of the 2003 IEEE conference publication in Pennsylvania State
`
`University’s library includes the article in Exhibit 1024.
`
`
`14. I have reviewed Exhibit 1015, a copy of an article entitled “Design and
`
`Evaluation of a New Reflectance Pulse Oximeter Sensor” by Y. Mendelson,
`
`et al., as published in the Journal of the Association for the Advancement of
`
`Medical Instrumentation, Vol. 22, No. 4, 1988 (hereinafter referred to as
`
`“1988 publication”).
`
`
`15. Attached hereto as Appendix MENDELSON03 is a true and correct copy of
`
`the MARC record for the 1988 publication held by the Pennsylvania State
`
`University’s library. I secured this record myself from the library’s public
`
`catalog.
`
`
`16. The MARC record contained within Appendix MENDELSON03 accurately
`
`describes the title, author, publisher, and ISSN number of the Journal of the
`
`
`
`6
`
`7
`
`

`

`Association for the Advancement of Medical Instrumentation. The 949 field
`
`of a MARC record is used for institution-specific notations and the 949
`
`fields of this MARC record indicate the Pennsylvania State University’s
`
`issue level holdings for the Journal of the Association for the Advancement
`
`of Medical Instrumentation, demonstrating that the Pennsylvania State
`
`University’s collection contains volumes 17 – 22. These journal holdings
`
`clearly include Volume 22, No. 4, which corresponds to the 1988
`
`publication. In comparing the listed fields in Appendix MENDELSON03 to
`
`Exhibit 1015, it is my determination that Exhibit 1015 is a true and correct
`
`copy of the “Design and Evaluation of a New Reflectance Pulse Oximeter
`
`Sensor” article, and that the copy of the 1988 publication in Pennsylvania
`
`State University’s library includes the article in Exhibit 1015.
`
`
`17. The 008 field of the MARC record noted on page 1 of Appendix
`
`MENDELSON03 indicates that the Journal of the Association for the
`
`Advancement of Medical Instrumentation was first cataloged by the
`
`Pennsylvania State University’s library as of August 8, 1983. The 362 field
`
`of the MARC record indicates Pennsylvania State University’s acquisition of
`
`this material ceased as of Vol. 22, No. 6. Based on this information, it is my
`
`determination that the 1988 publication, which included the article published
`
`
`
`7
`
`8
`
`

`

`as Exhibit 1015, was made available to the public by the Pennsylvania State
`
`University shortly after initial publication in August 1988.
`
`
`18. I have been retained on behalf of the Petitioner to provide assistance in the
`
`above-illustrated matter in establishing the authenticity and public
`
`availability of the documents discussed in this declaration. I am being
`
`compensated for my services in this matter at the rate of $100.00 per hour
`
`plus reasonable expenses. My statements are objective, and my
`
`compensation does not depend on the outcome of this matter.
`
`
`19. I declare under penalty of perjury that the foregoing is true and correct. I
`
`hereby declare that all statements made herein of my own knowledge are
`
`true and that all statements made on information and belief are believed to
`
`be true; and further that these statements were made the knowledge that
`
`willful false statements and the like so made are punishable by fine or
`
`imprisonment, or both, under Section 1001 of Title 18 of the United States
`
`Code.
`
`
`
`Dated: 6/30/2021
`
`
`
`Jacob Robert Munford
`
`
`
`
`
`
`
`
`
`
`
`8
`
`9
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`

`

`
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`
`
`
`APPENDIX A
`APPENDIX A
`
`10
`
`

`

`Appendix A - Curriculum Vitae
`
`Education
`
`University of Wisconsin-Milwaukee - MS, Library & Information Science, 2009
`Milwaukee, WI
`● Coursework included cataloging, metadata, data analysis, library systems,
`management strategies and collection development.
`● Specialized in library advocacy and management.
`
`
`Grand Valley State University - BA, English Language & Literature, 2008
`Allendale, MI
`● Coursework included linguistics, documentation and literary analysis.
`● Minor in political science with a focus in local-level economics and
`government.
`
`
`Professional Experience
`
`Researcher / Expert Witness, October 2017 – present
`Freelance
`Pittsburgh, Pennsylvania
`● Material authentication and public accessibility determination. Declarations
`of authenticity and/or public accessibility provided upon research
`completion. Depositions provided on request.
`● Research provided on topics of public library operations, material
`publication history, digital database services and legacy web resources.
`● Past clients include Apple, Fish & Richardson, Erise IP, Baker Botts and
`other firms working in patent law.
`
`
`
`Library Director, February 2013 - March 2015
`Dowagiac District Library
`Dowagiac, Michigan
`● Executive administrator of the Dowagiac District Library. Located in
`Southwest Michigan, this library has a service area of 13,000, an annual
`
`11
`
`

`

`operating budget of over $400,000 and total assets of approximately
`$1,300,000.
`● Developed careful budgeting guidelines to produce a 15% surplus during the
`2013-2014 & 2014-2015 fiscal years.
`● Using this budget surplus, oversaw significant library investments including
`the purchase of property for a future building site, demolition of existing
`buildings and building renovation projects on the current facility.
`● Led the organization and digitization of the library's archival records.
`● Served as the public representative for the library, developing business
`relationships with local school, museum and tribal government entities.
`● Developed an objective-based analysis system for measuring library services
`- including a full collection analysis of the library's 50,000+ circulating
`items and their records.
`
`
`
`November 2010 - January 2013
`Librarian & Branch Manager, Anchorage Public Library
`Anchorage, Alaska
`● Headed the 2013 Anchorage Reads community reading campaign including
`event planning, staging public performances and creating marketing
`materials for mass distribution.
`● Co-led the social media department of the library's marketing team, drafting
`social media guidelines, creating original content and instituting long-term
`planning via content calendars.
`● Developed business relationships with The Boys & Girls Club, Anchorage
`School District and the US Army to establish summer reading programs for
`children.
`
`
`June 2004 - September 2005, September 2006 - October 2013
`Library Assistant, Hart Area Public Library
`Hart, MI
`● Responsible for verifying imported MARC records and original MARC
`cataloging for the local-level collection as well as the Michigan Electronic
`Library.
`● Handled OCLC Worldcat interlibrary loan requests & fulfillment via
`ongoing communication with lending libraries.
`
`12
`
`

`

`
`Professional Involvement
`
`Alaska Library Association - Anchorage Chapter
`● Treasurer, 2012
`
`
`Library Of Michigan
`● Level VII Certification, 2008
`● Level II Certification, 2013
`
`
`Michigan Library Association Annual Conference 2014
`● New Directors Conference Panel Member
`
`
`Southwest Michigan Library Cooperative
`● Represented the Dowagiac District Library, 2013-2015
`
`
`
`Professional Development
`
`Library Of Michigan Beginning Workshop, May 2008
`Petoskey, MI
`● Received training in cataloging, local history, collection management,
`children’s literacy and reference service.
`
`
`Public Library Association Intensive Library Management Training, October 2011
`Nashville, TN
`● Attended a five-day workshop focused on strategic planning, staff
`management, statistical analysis, collections and cataloging theory.
`
`
`Alaska Library Association Annual Conference 2012 - Fairbanks, February 2012
`Fairbanks, AK
`● Attended seminars on EBSCO advanced search methods, budgeting,
`cataloging, database usage and marketing.
`
`13
`
`

`

`
`
`
`
`
`APPENDIX MENDELSONO1
`APPENDIX MENDELSON01
`
`14
`
`

`

`
`
`FP rtecnenipee s | Catalog
`ey
`Vee ela
`
`screenshot-catalog.libraries.psu.edu-2020.08.28-094752
`https://catalog.libraries.psu.edu/catalog/2687279/marc_view
`28.08.2020
`
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`
`*
`
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`
`MARC View
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`
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`LEADER 03618cama2200409 a 4500
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`001 2687279
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`_alIlIEEE‘Engineeringiin MedicineandBiologySociety.b)Annual‘Conference ni(25 Asdf 22003:¢| ‘Canctin, Mexico) +
`a| Proceedings of the 25th Annual International Conferenceof the IEEE Engineering in Medicine and Biology Society : b| Anew
`beginning for human health: 17-21 September, 2003, Cancun, Mexico / c| conference chair and co-chair, Jorge E. Monzon, José C.
`> Principe [and others] ; IEEE [and others].
`246 3
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`246 3
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`246 3
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`2641a|Piscataway,NewJersey:b|IEEE,c| [2003]
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`264
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`a| 4volumes: b|illustrations ; c| 28 cm
`
`336
`a|
`text b| txt 2] rdacontent
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`337
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`
`530
`a| Also available via the World Wide Web.
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`ONLINE u| 3/16/2004 o| STAFF. Digitized Copy Instructions: Do not delete or replace the barcode in this item record. It links to the
`digitized copy of this volume.
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`resource, Addanewbarcode by adding a second item record. See Access Services Training Bulletin no. 25 forfull instructions.
`a| R856.A2I3442003v.2w|LCc|1i] 000053657404d|1/12/2012e|10/10/2011 1|HATHIETASm| UP-ANNEXn|Tr] Ys| Yt]
`ONLINE u| 3/16/2004 o|
`.STAFF. Digitized Copy Instructions: Do not delete or replace the barcode in this item record. It links to the
`digitized copy of this volume. If WITHDRAWING the volume or REPLACING a barcode, update the item record to reflect an ONLINE
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`resource. Add a new barcode by adding a second item record. See Access Services Training Bulletin no. 25for full instructions.
`a] R856.A21344 2003 v.3 w| LCc|
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`digitized copy of this volume.
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`resource, Add a new barcode by adding a second item record. See Access Services Training Bulletin no, 25 for full instructions.
`a| R856,.A21344 2003 v.4w| LC c| 1i| 000053667137 d| 1/12/2012 e| 10/10/2011 1| HATHIETAS m| UP-ANNEX n| Tr] Ys] ¥t|
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`digitized copy of this volume. If WITHDRAWING the volume or REPLACING a barcode, update the item record to reflect an ONLINE
`
`resource, Add a new barcade by adding a second itern record. See Access Services Training Bulletin no. 25 for full instructions.
`
`a
`
`949
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`UNIVERSITY LIBRARIES
`
`CONNECT WITH
`PENN STATE
`
`Fo ) PennState
`j
`St
`
`l
`
`15
`
`

`

`
`
`16
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`16
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`
`
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`
`
`APPENDIX MENDELSON03
`APPENDIX MENDELSON03
`
`17
`
`

`

`ry erate ellod Catalog
`
`screenshot-catalog.libraries.psu.edu-2020.08.28-095412
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`OIEWOEoy
`
`CONNECT WITH
`PENN STATE
`
`18
`
`18
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`

`

`APPENDIX IEEE02
`APPENDIX IEEE02
`
`19
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`

`

`
`
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`
`
`
`
`
`
`
`
`
`
`
`
`
`DECLARATION OF GORDON MACPHERSON
`
`I, Gordon MacPherson, am over twenty-one (21) years of age. I have never been
`convicted of a felony, and I am fully competent to make this declaration. I declare the following
`to be true to the best of my knowledge, information and belief:
`
`1. I am Director Board Governance & IP Operations of The Institute of Electrical and
`Electronics Engineers, Incorporated (“IEEE”).
`
`2. IEEE is a neutral third party in this dispute.
`
`3. I am not being compensated for this declaration and IEEE is only being reimbursed
`for the cost of the article I am certifying.
`
`4. Among my responsibilities as Director Board Governance & IP Operations, I act as a
`custodian of certain records for IEEE.
`
`5. I make this declaration based on my personal knowledge and information contained
`in the business records of IEEE.
`
`6. As part of its ordinary course of business, IEEE publishes and makes available
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`considerations in optimizing power consumption of a wearable reflectance
`pulse oximeter”, Proceedings of the 25th Annual International Conference
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`Measurement site and photodetector size considerations in
`optimizing power consumption of a wearable reflectance pulse
`oximeter
`Publisher: IEEE
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`Y. Mendelson ; C. Pujary All Authors
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`31
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`Abstract
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`Document Sections
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`1.
`
`Introduction
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`II. METHODOLOGY
`
`III. RESULTS
`
`IV. Discussion
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`V. Conclusion
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`Abstract:Site selection and power consumption play a crucial role in optimizing the
`design of a wearable pulse oximeter for long-term telemedicine application. In this study
`we in... View more
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`Metadata
`Abstract:
`Site selection and power consumption play a crucial role in optimizing the design of a
`wearable pulse oximeter for long-term telemedicine application. In this study we
`investigated the potential power saving in the design of a reflectance pulse oximeter
`taking into consideration measurement site and sensor configuration. In-vivo
`experiments suggest that battery longevity could be extended considerably by
`employing a wide annularly shaped photodetector ring configuration and performing
`SpO/sub 2/ measurements from the forehead region.
`
`Published in: Proceedings of the 25th Annual International Conference of the IEEE
`Engineering in Medicine and Biology Society (IEEE Cat. No.03CH37439)
`
`Date of Conference: 17-21 Sept. 2003
`
`INSPEC Accession Number: 7954280
`
`Date Added to IEEE Xplore: 05 April 2004
`
`DOI: 10.1109/IEMBS.2003.1280775
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`Print ISBN:0-7803-7789-3
`
`Publisher: IEEE
`
`Print ISSN: 1094-687X
`
`Conference Location: Cancun, Mexico
`
` Contents
`
`1. Introduction
`Noninvasive pulse oximetry is a widely accepted method for monitoring
`arterial hemoglobin oxygen saturation (SpO ). Oxygen saturation is an
`Sign in to Continue Reading
`2
`important physiological variable since insufficient oxygen supply to vital
`organs can quickly lead to irreversible brain damage or result in death.
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`Proceedings oflhe 25'Annual lnlemational Conference of the IEEE EMBS
`Cancun, Mexico. September 17-21,2003
`Measurement Site and Photodetector Size Considerations iin Optimizing Power
`Consumption of a Wearable Reflectance Pulse (Oximeter
`Y. Mendelson, Ph.D., C. Pujary, B.E.
`Department of Biomedical Engineering, and Bioengineering Institute
`Worcester Polytechnic Institute, Worcester, MA 01609, USA
`
`Keywords- pulse oximeter, wearable sensors, telemedicine
`
`1. INTRODUCTION
`
`Absrroct- Site selection and power consumption play a
`crucial role in optimizing the design of a wearable pulse
`oximeter for long-term telemedicine application. I n this study
`we investigated the potential power saving in the design of a
`reflectance pulse oximeter
`taking
`into
`consideration
`measurement
`site
`and
`sensor
`configuration.
`In-vivo
`experiments suggest that battery longevity could he extended
`considerably by employing a wide annularly
`shaped
`pholodetector
`ring configuration and performing SpOl
`measurements from (he forehead region.
`
`because of the relative1.y thin skin covering the skull
`combined with a higher density of blood vessels. On the
`contrary, other anatomical locations, such as the limbs or
`torso, have a much lower density of blood vessels and, in
`lack a dominant skeletal structure
`in close
`addition,
`proximity to the skin that helps to reflect some of the
`the AC components of the
`incident
`light. Therefore,
`reflected PPGs from these body locations are considerably
`it is more difficult to perform
`smaller. Consequently,
`accurate pulse oximetry measurement from these body
`locations without enhancing cutaneous circulation using
`artificial vasodilatation.
`transmission or
`commercial
`Sensors used with
`reflection pulse oximeters employ a single PD element,
`is a widely accepted
`Noninvasive pulse oximetry
`typically with an active area of ahout 12-15mm2. Normally,
`method
`for monitoring arterial hemoglobin oxygen
`a relatively small PD chip is adequate for measuring strong
`saturation (SpO,). Oxygen saturation
`is an important
`transmission PPGs since most of the light emitted from the
`physiological variable since insufficient oxygen supply to
`LEDs is diftksed by the skin and subcutaneous tissues
`vital organs can quickly lead to irreversible brain damage or
`predominantly in a forward-scattering direction. However,
`result in death.
`in reflection mode, only a small fraction of the incident light
`is based on
`spectrophotometric
`Pulse oximetry
`is backscattered by the subcutaneous layers. Additionally,
`measurements of changes in blood color. The method relies
`the backscattered light intensity reaching the skin surface is
`on the detection of a photoplethysmographic (PPG) signal
`normally distributed over a relatively large area surrounding
`produced by variations in the quantity of arterial blood
`the LEDs. Hence, the de:sign of a reflectance-mode pulse
`associated with periodic cardiac contraction and relaxation.
`oximeter depcnds on the ability to fabricate a sensor that has
`improved sensitivity and can detect sufficiently strong PPGs
`Pulse oximeter sensors are comprised of light emitting
`from various
`locations on
`the body combined with
`diodes (LEDs) and a silicon photodetector (PD). Typically,
`sophisticated digital sig,nal algorithms
`to process
`the
`a red (R) LED with a peak emission wavelength around 660
`relatively weak and often noisy signals.
`nm, and an infrared (IR) LED with a peak emission
`wavelength around 940 nm are us